[Congressional Record (Bound Edition), Volume 154 (2008), Part 15]
[Issue]
[Pages 20708-21653]
[From the U.S. Government Publishing Office, www.gpo.gov]
[[Page 20708]]
SENATE--Wednesday, September 24, 2008
(Legislative day of Wednesday, September 17, 2008)
The Senate met at 9:30 a.m., on the expiration of the recess, and was
called to order by the Honorable Benjamin L. Cardin, a Senator from the
State of Maryland.
______
prayer
The Chaplain, Dr. Barry C. Black, offered the following prayer:
Let us pray.
Gracious, loving God, let Your light, Your wisdom, Your
righteousness, and Your love fill our minds and hearts today. Lord, You
have promised Your wisdom for all who need it. This week, more than
ever, Your Senators need Your wisdom. Illuminate their minds with more
than human insight. Lord, close the doors You don't want them to enter
and open the gates that will lead them to the path of Your way. Remind
them of their weakness and fallibility as You give them the grace to
listen to those with whom they disagree. Bring from the crucible of
conflicting views truth and justice that will bless our land.
We pray in the Name of Him who gave His life for all. Amen.
____________________
PLEDGE OF ALLEGIANCE
The Honorable Benjamin L. Cardin led the Pledge of Allegiance, as
follows:
I pledge allegiance to the Flag of the United States of
America, and to the Republic for which it stands, one nation
under God, indivisible, with liberty and justice for all.
____________________
APPOINTMENT OF ACTING PRESIDENT PRO TEMPORE
The PRESIDING OFFICER. The clerk will please read a communication to
the Senate from the President pro tempore (Mr. Byrd).
The legislative clerk read the following letter:
U.S. Senate,
President pro tempore,
Washington, DC, September 24, 2008.
To the Senate:
Under the provisions of rule I, paragraph 3, of the
Standing Rules of the Senate, I hereby appoint the Honorable
Benjamin L. Cardin, a Senator from the State of Maryland, to
perform the duties of the Chair.
Robert C. Byrd,
President pro tempore.
Mr. CARDIN thereupon assumed the chair as Acting President pro
tempore.
____________________
RECOGNITION OF THE MAJORITY LEADER
The ACTING PRESIDENT pro tempore. The majority leader is recognized.
____________________
SCHEDULE
Mr. REID. Mr. President, following the remarks of the leaders, the
Senate will proceed to morning business. We are going to go to morning
business for an hour. I alert Members that we may be in morning
business for longer than that time. We will come back at a later time.
The first 30 minutes will be controlled by the majority, and the
Republicans will control the last 30 minutes. Following that time, we
will continue to have Senators limited to 10 minutes each. If that is
not the order, I ask that be the case.
The ACTING PRESIDENT pro tempore. That is the case.
Mr. REID. The legislation we have this week is the Department of
Defense authorization. We have a continuing resolution. We have the
stimulus. We have the economic recovery program. And, of course, the
most important thing on everyone's mind is what we do about the bailout
of the financial institutions.
I think we made progress yesterday. Certainly, it appears there were
a lot of questions asked. The Secretary of the Treasury and the
Chairman of the Fed will be over in the House around 2 o'clock this
afternoon. Democrats are holding a caucus at 4:30 p.m. to talk about
this issue. The Secretary is coming to that caucus at 5 o'clock.
I hope we can make more progress. We have not only the Jewish
holidays coming up next week, but a very important event is this
Friday. I was told and heard on the radio this morning that as much as
85 percent of the American people will watch the debate this Friday.
That is a stunning number. It will be the most widely viewed
Presidential debate in history. I assume, if we are still in session,
we can take a brief recess for an hour and a half and work through it.
I am sure there is not one of the 100 Senators who will want to miss
that debate.
I will be back later to talk about the so-called Coburn package. I am
not going to do it now.
____________________
RECOGNITION OF THE MINORITY LEADER
The ACTING PRESIDENT pro tempore. The Republican leader is
recognized.
____________________
HONORING OUR ARMED FORCES
Specialist Sergio S. Abad
Mr. McCONNELL. Mr. President, this morning I pay tribute to a fallen
soldier from my home State. SPC Sergio Abad was tragically killed in
Wanat, Afghanistan, from wounds suffered by small-arms fire and rocket-
propelled grenades fired by the enemy on July 13, 2008. Army records
listed Morganfield, KY, as Specialist Abad's home, and he was 21 years
old.
For his valor on the battlefield, Specialist Abad received several
medals, awards, and declarations, including the National Defense
Service Medal, the Army Good Conduct Medal, the Army Commendation Medal
with Combat Distinguishing Device ``V,'' the Purple Heart, and the
Bronze Star.
Specialist Abad's adoptive mother, Marilyn Popko, relates a tale of
his heroism in his final moments that explains just how such a young
man earned that many medals and more. At a memorial service for Sergio
at Arlington National Cemetery, a friend and fellow soldier of Sergio's
who was at the battle told her Sergio kept fighting even after taking
hits to his arms and thigh. With his brother soldier there to reload
his gun for him, Sergio kept firing until he finally succumbed to his
wounds and could fight no more.
``It was his dream to be in the military, and he was living his dream
when he was killed,'' Marilyn says.
Sergio was born and grew up in Florida. At the age of 7, he was
removed from an abusive home and placed with relatives. By middle
school, young Sergio had become part of not just one Florida family but
two: the Popkos and the Pittses, both of whom already had children
around his age.
``He would stay with us a while, then go to stay with Lori Pitts's
family,'' Marilyn recalls.
Thanks to the support of the Popkos and Pittses, a child with an
unhappy start in life received plenty of support and love. He called
both Marilyn Popko and Lori Pitts ``Mommy.'' Paul Pitts and Stephen
Popko were both ``Dad.''
Growing up, Sergio participated in Junior ROTC and studied karate at
a local martial arts studio. Sergio ``was really athletic and could
knock out hundreds of push-ups with no problem,'' says Marybeth Klock-
Perez, who ran the studio where Sergio practiced. For someone who had
``been dealt really unfair cards in life, he was absolutely never
bitter. He never used excuses or acted like the world owed him.''
COL Eddie Santana ran Sergio's Junior ROTC Program. He was ``an
outstanding young leader--very disciplined and committed,'' the colonel
[[Page 20709]]
remembered. ``He always knew what he wanted to do: join the Army.''
Sergio traded the Sunshine State for the Bluegrass State in 2005 when
he came to the Earle C. Clements Center in Morganfield, KY, to earn his
GED. After he received it, he entered basic training at Fort Benning,
GA, and then was stationed in Italy for a year with Company C, 2nd
Battalion, 503rd Infantry.
``It was one of the best times he ever had,'' Marilyn Popko says.
``He went to Germany, Switzerland, France. And he loved jumping out of
airplanes.''
Amidst all this adventure, Sergio also fell in love. He met
Christina, and the two planned to marry in the summer of 2008. The
wedding was to feature the music of Sergio's favorite singer, Frank
Sinatra. Sadly, Sergio was killed before he could walk down the aisle
and before he could welcome his and Christina's daughter, due this
December, into the world. Christina ``legally changed her name to Abad
so their daughter would have Sergio's name,'' Marilyn says. Sergio
``died without knowing they were having a girl--he always wanted a
daughter.''
Sergio leaves behind many loved ones, and our thoughts are with them
today. This includes members of both the Popko and Pitts families,
including Marilyn, Stephen, and Catherine Popko, and Lori, Paul,
Zachery, and Leo Pitts and Krystine Pitts Flagg, as well as Sergio's
fiancee, Christina Abad, and their daughter, who will grow up knowing
their father was a hero.
Everyone who knew and loved him should also know our Nation is
honored to have men like SPC Sergio S. Abad defend our country. Today,
this Senate honors him for his immense sacrifice and for his life of
service.
Mr. President, I yield the floor.
Mr. REID. I suggest the absence of a quorum.
The ACTING PRESIDENT pro tempore. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. REID. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
The majority leader is recognized.
____________________
DRUG ENDANGERED CHILDREN ACT OF 2007
Mr. REID. Mr. President, I ask unanimous consent that the Judiciary
Committee be discharged from further consideration of H.R. 1199 and the
Senate proceed to its consideration; that the bill be read a third time
and passed and the motion to reconsider be laid upon the table.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
The bill (H.R. 1199) was ordered to a third reading, was read the
third time, and passed.
____________________
EMMETT TILL UNSOLVED CIVIL RIGHTS CRIMES ACT OF 2007
Mr. REID. Mr. President, this is the Emmett Till unsolved crimes bill
which has received so much notoriety. I ask unanimous consent that the
bill be read a third time and passed, the motion to reconsider be laid
upon the table, and that any statements relating to the bill be printed
in the Record.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
Mr. REID. Mr. President, I extend my appreciation to Senator Coburn
for allowing us to complete these two bills.
____________________
RESERVATION OF LEADER TIME
The ACTING PRESIDENT pro tempore. Under the previous order, the
leadership time is reserved.
____________________
MORNING BUSINESS
The ACTING PRESIDENT pro tempore. Under the previous order, there
will now be a period for the transaction of morning business, with
Senators permitted to speak for up to 10 minutes each, with the first
hour equally divided and controlled, with the majority controlling the
first 30 minutes and the Republicans controlling the second 30 minutes.
The Senator from Florida is recognized.
Mr. NELSON of Florida. Mr. President, I know under the previous order
this side of the aisle has the time first, but I see the Senator from
Oklahoma standing, and I wonder if he wanted to respond to the majority
leader.
Mr. COBURN. I did.
Mr. NELSON of Florida. Mr. President, I ask unanimous consent that
the Senator from Oklahoma be allowed to speak, but that time not be
taken out of the 1 hour set aside for the two sides of the aisle.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
The Senator from Oklahoma is recognized.
Mr. COBURN. Mr. President, I wanted to thank the majority leader and
to spend a few minutes talking about an individual who was key to----
Mr. REID. Would my friend withhold for a second? The staff said they
didn't hear me read all this on Emmett Till, even though I did. They
want me to do the whole thing all over again.
The ACTING PRESIDENT pro tempore. Without objection, the majority
leader is recognized.
____________________
EMMETT TILL UNSOLVED CIVIL RIGHTS CRIME ACT OF 2007
Mr. REID. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 237, H.R. 923.
The ACTING PRESIDENT pro tempore. The clerk will report the bill by
title.
The legislative clerk read as follows:
A bill (H.R. 923) to provide for the investigation of
certain unsolved civil rights crimes, and for other purposes.
There being no objection, the Senate proceeded to consider the bill.
Mr. LEAHY. Mr. President, I am pleased that the Senate will
unanimously pass the Emmett Till Unsolved Civil Rights Crime Act, H.R.
923, a bipartisan bill to provide critical tools and resources for the
Department of Justice and FBI to expeditiously investigate and
prosecute decades-old unsolved civil rights cold case crimes.
This bill overwhelmingly passed the House of Representatives last
year and unanimously passed the Senate on two previous occasions, in
the 108th and 109th Congresses. Its consideration in the Senate has
been needlessly delayed due to a Republican objection. Finally, this
bipartisan legislation will be sent to the President.
This legislation includes the Missing Child Cold Case Review Act, a
critical measure which I sponsored last Congress. It allows inspectors
general of Federal law enforcement agencies to authorize staff to
provide much needed assistance to the National Center for Missing and
Exploited Children--NCMEC--inactive case files. In order to bolster
their efforts to solve these heart-wrenching cases, NCMEC needs the
assistance and the cooperation of inspectors general. I am pleased that
this legislation will help the men and women at NCMEC carry out this
important mission.
The primary purpose of the Till bill is to track down those whose
violent acts during a period of national turmoil remain unpunished. In
1955, the brutal murder of a 14-year-old African-American teenager
named Emmett Till stirred the conscience of our country. No one has
been punished for this tragic and brutal murder. Fifty-two years later,
Emmett Till's family and the families of hundreds of other Americans
who lost their lives in the fight for equal rights, still await
justice.
Racially motivated violence during this turbulent time left a scar on
the fabric of our democracy. Far too often, its goal was to divide
communities and intimidate certain citizens from achieving full
participation in our democracy and exercising their constitutional
rights to vote, to travel, and to stay in a federally protected
enclave, and, most often, the right to live where you please.
The Federal Government has traditionally been the guardian of last
resort for our Nation's most vulnerable
[[Page 20710]]
inhabitants. Yet sadly for much of our Nation's history, African-
Americans and other citizens involved in civil rights activities were
not protected in the full enjoyment of their rights. Indeed, as FBI
Director Mueller acknowledged last year, ``[m]any murders during the
civil rights era were not fully investigated, were covered up or were
misidentified as accidental death or disappearance.'' With the passage
of the Till bill today, we once again acknowledge past governmental
missteps and seek to right these wrongs.
The Till bill provides the necessary tools for the Federal
Government, along with State and local officials, to investigate and
prosecute civil rights decades-old unsolved crimes. First, the bill
creates two new offices to investigate and prosecute these decades-old
cold case crimes. Rather than creating a new unit or section within the
Justice Department, the legislation allows precious Federal resources
to be used by the FBI field offices and Federal prosecutors in the
states where these prosecutions will occur.
Second, it will empower the Community Relations Service of the
Department of Justice to work with local communities in identifying
unsolved cases. In a similar vein, the bill also allows the Justice
Department to issue grants to State and local law enforcement agencies
for investigation and prosecution of violations of State and local laws
similar to Federal criminal civil rights statutes. Many Federal
criminal civil rights prosecutions may be time-barred or face ex post
facto concerns. Allowing Federal grants to State and local entities
will allow for justice to prevail even where Federal law may be
inadequate.
Third, the bill incorporates my recommended change to provide
oversight over this initiative. Congress will be able to track how many
cold cases were selected for further inquiry and how many were not.
This change strengthens oversight and protects ongoing investigations
from being compromised. In a February 2007 press conference, the
Director of the FBI announced that the FBI and Justice Department would
work with civil rights organizations to bring closure to decades-old
unsolved civil rights crimes. Yet, just a few weeks ago, press reports
indicated that the Justice Department and FBI have yet to prosecute a
single case under the agency's cold case initiative already in place.
This is further evidence that vigorous oversight is needed, and I hope
this bill will help.
Although I am happy this bill has finally passed the full Senate,
this noncontroversial and bipartisan bill should not have taken several
Congresses to pass. The Till bill was one of many bills that the
majority leader included in S.3297, the Advancing America's Priorities
Act. The majority leader selected three dozen legislative items from
the jurisdiction of seven Senate committees, including eight Judiciary
Committee bills, for this effort. These are all measures with
bipartisan support and, we believe, the support of a strong bipartisan
majority of the Senate. Each of these bills has the support of all
Democratic Senators and had overwhelming support, but stalled on the
Senate floor by Republican objection. Ensuring the civil rights of all
Americans is a core American value, and I am disappointed that a single
Republican objection prevented this bipartisan legislation from passing
long ago by unanimous consent.
Our Nation should always be thankful to those who risked their lives
fighting for civil rights. During the recent reauthorization of the
Voting Rights Act, I was reminded that the lives of Medgar Evers,
Vernon Dahmer, Michael Schwerner, Andrew Goodman, James Chaney, and
countless others, demonstrate that ordinary persons can change the
world. Three months ago, we commemorated the 44th anniversary of the
deaths of Chaney, Schwerner, and Goodman. The sacrifice and courage of
these Americans--many of whom gave their lives toiling for freedom--
made our democratic ideals real, and continue to inspire future
generations to fight for civil rights.
This important bill is long overdue. As each day passes evidence
fades and witnesses age. We must have a sense of urgency. Justice
cannot afford to wait. Earlier this month, we witnessed an unfortunate
example of the impact waiting too long to prosecute these cases can
have on the administration of justice. Recently, the Fifth Circuit
Court of Appeals overturned the conviction of former Klansman James
Seale, who was charged with the 1963 abduction and killings of two
African-American teenagers in Mississippi. At that time Mr. Seale
committed the horrendous crimes a jury of his peers convicted him of,
Congress had no statute of limitations on Federal kidnapping. I was
disappointed that, in overturning his conviction, a court of appeals
would misinterpret congressional intent and retroactively apply a
procedural bar that we did not intend to apply to crimes that occurred
almost a decade before.
I thank Senator Dodd and my good friend Representative John Lewis for
their leadership and hard work on this legislation. Representative
Lewis is a civil rights hero who courageously marched and fought for
equal justice in America. I know this bill is important to him, and I
am deeply appreciative of his tireless efforts on this important
legislation. I also thank Senator Cochran for his support. Last year we
traveled overseas together, and I know this bill is important to him
and his State. I thank the majority leader for his leadership in
advancing this legislation. I also appreciate the help of Senator Byrd
in helping us move this bill through the Senate. Lastly, I thank the
many civil rights and law enforcement organizations who have worked so
hard to enact this legislation: the NAACP, the Southern Poverty Law
Center, the Leadership Conference on Civil Rights, the Emmett Till
Justice Campaign, the Lawyers Committee for Civil Rights under Law, the
ACLU, the Fraternal Order of Police, and so many others.
In July, I had the honor to meet Simeon Wright, Emmett Till's cousin,
who was with Mr. Till on the horrible night he was kidnapped. This bill
will begin the process of seeking restorative justice for families,
like Mr. Wright, who were victimized by these horrific crimes and so
justice went undone for so many years. We could not pass this
legislation today without their efforts. Mr. Wright, and so many
others, should be congratulated for their courage and their commitment
to fighting for justice for so many years.
With its passage, we take an important step towards finally bringing
to justice individuals who committed heinous crimes against civil
rights activists and African-American citizens. Equally important, we
send an important message to all Americans about the depth of our
commitment. We have made great progress in the last few decades towards
achieving equal justice under law. The Unsolved Civil Rights Crimes Act
brings us one step closer towards that important goal.
Mr. REID. Mr. President, I ask unanimous consent that the bill be
read a third time and passed, the motion to reconsider be laid upon the
table and that any statements relating to the bill be printed in the
Record.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
The bill (H.R. 923) was ordered to a third reading, was read the
third time, and passed.
Mr. REID. So staff once again was right, and I was wrong.
The ACTING PRESIDENT pro tempore. Under the previous order, the
Senator from Oklahoma is recognized.
Mr. COBURN. I thank my colleague from Florida for this short period
of time to thank the majority leader for working in good faith on
several of these bills.
There is a gentleman in this country by the name of Alvin Sykes. If
you haven't met him, you should. He is what America is all about. He
promised the mother of Emmett Till before she died that he would make
sure there would be an investigation into the death of her son, her
young son, as well as others who were never properly investigated to
the extent they should have been.
We have wrangled a lot over this bill, and one of the reasons we have
wrangled is because of the financial problem
[[Page 20711]]
we find ourselves in today in this country. Begrudgingly, I have
decided we could not, out of the waste of the Justice Department, get
the Senate to concur that we should not spend additional money on it;
that there is plenty of money. As a matter of fact, at the end of last
year, there was $1.7 billion in unexpended funds and unobligated funds
at the Justice Department. They also have a tremendous track record of
waste in terms of conferences and of poor management. Moreover, they
are the only agency of the Federal Government that, unlike every other
agency, the unobligated balances do not automatically go back to the
Treasury. They get to spend the money.
So we have again failed to do the fiscally responsible thing. But I
decided last night this is one of those rare exceptions when I can't
convince the body that we ought to be more frugal. We could have
accomplished the same thing with the funds over there, but the greater
call was to allow this bill to pass.
But I wanted to tell you something about America with this bill, and
it has to do with Alvin Sykes. If you met him, you would immediately
fall in love with him. He is poor as a church mouse. He has led this
group with integrity. He has been an honest broker. He has not played
the first political game with anybody in Washington. As a matter of
fact, he has had games played on him and he has been manipulated. But
the fact is he has held true to his belief and his commitment to the
mother of Emmett Till. And because of that, we are going to see this
bill come into fruition.
I think that speaks so well about our country; that one person has
truly made a difference, and that one person is Alvin Sykes. I can't
say enough about this individual. I can't say enough about his stamina,
his integrity, his forthrightness, his determination. All of the
qualities that have built this country this gentleman exhibited as he
worked to keep a promise to the dying mother of Emmett Till. So I come
to the floor now to sing his praises, to recognize him publicly for his
tremendous efforts, and all those on his board have made in making this
come to fruition.
I also wanted to spend a moment saying there is no reason why this
body can't do something more aggressively in terms of protecting
children in the midst of child pornography. We have the PROTECT Act,
which cost $372 million, and which could easily be paid for, but we
won't pay for it. The fact is, as the bill is written today, nothing
will happen until a year from now with that bill, even if we pass it,
because we are not going to appropriate funds for it.
It is going to be like the Adam Walsh Act. We promised everybody we
would do it, but have barely funded it at all. However, we could make a
big difference with that by combining the PROTECT Act with the SAFE
Act. The Justice Department has reiterated there are no fourth
amendment concerns. The House passed the bill 390 to 2, and yet we have
resistance--for political reasons, not for policy reasons--in bringing
forth that bill.
I also thank the Democratic staff, who have worked so hard to clean
that bill up to eliminate the objections. It is my hope that before we
leave here this week, we will do something. The reason the SAFE Act is
important is because it will do something the moment it is signed into
law. Internet service providers will have to start reporting to the
Government, to the National Center for Missing and Exploited Children,
child porn sites and the people who are utilizing them and putting them
up. The PROTECT Act won't do any of that, but the SAFE Act will. So my
hope is that through the rest of the remaining days of this session we
can come together and put politics aside and truly make a difference.
I talked to a Congressman from North Carolina two nights ago and he
said there are 250 fathers who are filming sexual acts with little
children and putting it on the Internet. The way you stop that is have
the Internet service providers start reporting that to the FBI. And the
fact we won't do that--for political reasons, not policy reasons--is a
pox on us. That is in North Carolina alone. And not to pick on North
Carolina, because it is the same in many other States. But that is a
fact, and we know it is happening in other places. This is something
where we can make a difference, and my hope is we can work that out.
I thank again the Senator from Florida for this time, and I yield the
floor.
The ACTING PRESIDENT pro tempore. The Senator from Florida is
recognized.
____________________
AVOIDING A DEPRESSION
Mr. NELSON of Florida. Mr. President, I wanted to speak to the Senate
today about this enormous decision we must make about what to do about
our current financial catastrophe.
We are in a recession. By any measure, we are in a recession. The
question is we must ask today is: What can we do to prevent this
recession slipping into a full-blown depression? That is the matter
that is in front of the Senate. One way or another we are going to have
to come to grips with this by the weekend, or have an understanding
that we are going to come back next week and try to finish this.
What should be the underlying policy we pursue? Well, we ought to
find ways to help stabilize the mortgage market that has caused this
crisis. Let me quickly recapitulate what caused this financial mess. It
was the fact that banks, and financial institutions acting as banks but
not regulated as banks, started encouraging people to take loans on
their homes which they could not afford.
All the checks and balances that regulations would have required
these financial institutions ignored. They did not conduct their due
diligence, and ask the practical questions: Did the people have a
sufficient income stream to be able to afford their mortgage? Did they
put some skin in the game, by having to put some money down on the
house they were purchasing? Could they afford the interest rates and
the other terms of that mortgage? Lenders and brokers weren't paying
any attention to that. A whole bunch of these loans were granted by
financial institutions, and sometimes they very aggressively pushed
these loans on people who could not afford them.
Now, the banks don't keep these mortgages. They bundle them together
and sell them to institutions as individual mortgages, or perhaps as
bundles, or mortgage backed securities. And then different players in
the financial institutions would buy these securities--made up of
shaky, subprime mortgages and they would in turn sell them. A couple
years later, when it became apparent that the homeowner couldn't afford
to make the payments each month on their mortgage, and the income
stream on those mortgages started dwindling, those financial
institutions that had bought these bundles of mortgages found
themselves with a shortage of cash. They had to start borrowing to make
up for their cash shortage, and the whole system started to unravel.
So as we try to straighten out this mess, are we to do what the
Secretary of the Treasury has said? Are we to provide almost three-
quarters of a trillion dollars--specifically he is saying $700
billion--in order to infuse capital into these financial institutions?
These banks, investment banks, and insurance companies that all fed off
this frenzy that saw this balloon get bigger and bigger until it
started to burst? And if we do that, aren't we rewarding the very
people whose financial greed got us into trouble in the first place?
I think the answer to that question is yes. So I want to tell the
Senate that this Senator is not going to vote for a bailout of the
financial institutions by taking nearly 5 percent of the national
budget--much of which we will have to borrow from the governments and
banks in China and--and give it to these financial institutions. I am
not going to vote for that.
At the same time, we are caught on the horns of a dilemma, because
the economic recession is slipping into economic catastrophe. So we
have to act. Well, instead of providing all the funds at once, I am
certainly more inclined to provide an initial portion of funds--say
$150 billion or $200 billion and seeing how successful the government
[[Page 20712]]
intervention proves during a 3- or 4-month period, and then coming
back. Of course, those on Wall Street will say: No, we have to have the
whole amount of $700 billion in order to give confidence to the
markets. But don't we have a responsibility to the taxpayer to make
sure these funds are being wisely spent? Can't we provide a substantial
downpayment on this problem, and in a few months require everybody to
come back and to see whether it is working as we intended?
I think there is some wisdom to that. And I think there is some
wisdom to what everybody has been talking about here, that we want to
make sure this money doesn't go towards executive compensation and
golden parachutes. That is the least we can do.
I was amused to see an article by a conservative columnist--Kristol--
which said, well, maybe what we ought to do is put a provision in that
no compensation--for the executives of these financial institutions
that participate in this bailout--no compensation can be greater than
the compensation to the President of the United States. That would
certainly get some people's attention. There ought to be some
reasonable limits on executive compensation.
The essential question for this Senator, and I think for a lot of my
colleagues, is how are we going to get this money into the mortgage
market so it will revive lending and restore the housing market? Is
this not the purpose of what we are trying to do? Not only save the
national economy but get in and resuscitate the housing market. How do
we ensure that it does not go solely into the hands of the bankers and
the investment bankers and the insurance companies?
Therefore, I suggest to the Senate that we consider a couple of
courses. In the process of this package, we should create a loan
facility that would work with people who are facing foreclosure. This
loan facility could well be run out of Freddie or Fannie. For people
who have a problem with a mortgage, this facility would have the legal
authority, indeed the mandate, to go in and work to modify that
mortgage, the terms and interest rate, so that in fact those people can
still stay in their homes.
I see the chairman of the Banking Committee has come in. This Senator
is laying out a suggestion--in addition to that of the esteemed
chairman of the Banking Committee, who I think has come out with an
excellent product--that in order to get the money, not into the
bankers' hands but to get it to revive the mortgage market--in other
words revive the housing market--to create a loan facility, within
Fannie or Freddie, with the legal authority to get in there and help
people change the terms of their loans so they can stay in their homes.
Then, second, as the chairman has suggested in his committee package,
change the bankruptcy laws so that if someone has gone into bankruptcy,
the bankruptcy judge, under law, would have the discretion to change
the terms of the mortgage in order to keep the person in his or her
home. So, prevent foreclosures through a loan facility with legal
authority to modify mortgages, and if the homeowners must declare
bankruptcy, give the bankruptcy judge the authority to modify the
mortgage. In that way, a lot of the money we are going to put towards
this bailout would go to preventing foreclosures.
This Senator speaks as one area of my State, Fort Myers, FL, has had
one of the highest foreclosure rates in the country for the past year.
My suggestions are just a start. I think as we look to this huge
bailout we also ought to set up a regulatory system for all financial
institutions, not just commercial banks. In other words, we should
regulate all securities that are traded publicly or privately so we do
not face this problem in the future.
Why? Because what happened? They got us into the problem we are in.
The financial managers were encouraged to leverage all their
investments so much in order to increase their own personal
compensation. We ought to avoid that at all costs. Unless we get
something that is close to what this Senator is trying to share with
the Senate and the esteemed chairman of the Banking Committee, who is
going to have more influence on this than any other person in this
Senate--he is here--unless we can get these checks and balances in the
system, this Senator is not going to vote for it.
It is my responsibility to try to be a careful steward of the money
that has been entrusted to me. We are talking about such mega amounts
of money that will almost defy description and tie the hands of the
next President and the next Congress. We will have borrowed so much
extra money that the new Congress and the next President will not be
able to accomplish some goals because there will not be any money left
for the Federal Government.
I would love to hear from the chairman of the Banking Committee, who
I see is ready to speak.
Because he is here, this Senator will yield the floor.
The ACTING PRESIDENT pro tempore. The Senator from Connecticut is
recognized.
Mr. DODD. First, I thank my colleague from Florida. Let me say I am
rising to speak on a matter other than the matter the Senator is
addressing, but I wish to commend him for his thoughts and ideas on the
situation. We have had extensive hearings, of course, yesterday, 5
hours with the Secretary of the Treasury and the chairman of the
Federal Reserve Bank and chairman of the Securities and Exchange
Commission and the head of this new agency with our GSEs. The House is
going to have a hearing today. What is quite clear is the plan, as
submitted by the Secretary of the Treasury, I think, generally--I say
this politely--but across the spectrum, has been sort of rejected, a
three-page bill asking for $700 billion.
I pointed out to someone yesterday a few years ago you could get a
$100,000 no-doc subprime loan and the paperwork was four pages long.
This is sort of a no-doc request here--not to try to be humorous about
a situation such as this. But nonetheless we have a lot of work to do
to try to put together a plan, but I hope we can do something because
the situation is grave and it is serious and we have to respond.
Mr. NELSON of Florida. If the Senator will yield for a question?
Mr. DODD. I will but very quickly. I have about 4 minutes.
Mr. NELSON of Florida. Is the Senator considering one of the things I
talked about earlier, that we would not do the whole $700 million in
one swat, but we take a part and say that is good for the next 3 or 4
months and come back and evaluate it?
Mr. DODD. I don't want to negotiate with you on the floor of the
Senate. There are a lot of ideas kicking around. I know that is one
that has received some consideration.
____________________
THE EMMETT TILL UNSOLVED CIVIL RIGHTS CRIME ACT
Mr. DODD. Mr. President, I thank the majority leader, Senator Harry
Reid. I thank Senator Coburn of Oklahoma as well. He has had a hold on
this bill, the Emmett Till Unsolved Civil Rights Crime Act, which I
coauthored going back some 3 years ago. In fact, Jim Talent, our former
colleague from Missouri, was the original author of this legislation. I
was his original partner in this effort going back to 2005. He left the
Senate and was replaced by Claire McCaskill, a great friend and
wonderful Senator from Missouri.
I introduced this bill separately along with Senator Leahy and some
12 other Members of the Senate, including Thad Cochran of Mississippi
and Lamar Alexander of Tennessee. This has been a bipartisan effort
that has been tied up for the last couple years, regretfully, but
nonetheless that is what it was. Today, the news that this bill has now
passed the Senate is good news. I am deeply grateful to the majority
leader, again, for sticking with an issue and not walking away from
something as important as this is.
Some might argue that this is a long time in coming, others who say
it is too little too late. In many ways, I suppose they could be right.
The subject matter, the name on this bill, Emmett Till, dates back 53
years.
[[Page 20713]]
Fifty-three years ago, a young boy of 14 was killed for no other
reason than the color of his skin. His life was extinguished in the
most brutal fashion imaginable.
When Emmett Till's body was discovered in the Tallahatchie River, it
had been weighted down by a 75-pound cotton gin fan, tied around the
boy's neck with barbed wire. His clothes had been stripped from him and
burned. Emmett's body could only be identified by a ring the young boy
had been wearing.
At the trial of the two White men who would later confess to the
crime, few African-Americans dared to even testify at the trial, such
was the atmosphere at the time. The all-White jury acquitted the two
men, deliberating for a mere 67 minutes, which one juror reportedly
said only took so long because they paused to drink a soda. The
rationale for acquittal? That the prosecution had failed to prove that
the body recovered from the river was even Emmett Till, so mutilated
was his face and body.
A year later, the two defendants bragged about the killing to a
magazine for a sum of $4,000.
Believe me when I say: there was no justice in this case--nor in
countless other civil rights cases that remain unsolved to this day.
The failures of our legal system to bring to justice those who
committed brutal crimes based solely on racial prejudice is not merely
sad or tragic--in a country such as ours and at this moment in our
history, it is inexcusable.
The sad truth is that for far too long, hate crimes were rarely
investigated in this country. For far too long, murderers could walk
free as long as they chose the so-called ``right'' victims. And so,
whatever the merits of this legislation, The Emmett Till Act cannot
erase that memory. It cannot erase even a single year that lapsed
between crime and justice.
What it can do is keep even more years from piling on.
If we want to remove the great stain on our justice system that is
the hundreds, maybe even thousands, of civil rights-era crimes that
remain unsolved, we need to reopen the books on as many as we can.
That is what this legislation would do--bring justice to those who
perpetrated these heinous crimes because of racial hatred by creating a
mechanism that allows us to pursue them.
Can it bring back and make whole those who have suffered and were
murdered by a racist criminal hand? Of course not. But in passing this,
this Congress can reaffirm our Nation's commitment to the truth and to
making equal justice not a dream but a reality.
As such, the Emmett Till Unsolved Civil Rights Crime Act would give
the Department of Justice and the Federal Bureau of Investigation
increased resources to reopen Civil Rights-era criminal cases which
have gone cold--that is, unsolved civil rights murder cases that
occurred prior to 1970.
It would do so by designating a deputy chief in the criminal section
of the Civil Rights Division of the DOJ and a supervisory special agent
in the civil rights unit of the FBI. These officials will be tasked
with spearheading and coordinating efforts by Federal, State, and local
law enforcement officers and prosecutors to bring long-time fugitives
to justice.
For these purposes, it authorizes $10 million annually for fiscal
years 2008 through 2017. This legislation also authorizes $2 million
annually for DOJ to make grants to State and local law enforcement and
$1.5 million annually for the Community Relations Service within DOJ to
partner with local communities. I know that sounds like a lot of money,
but when you talk about $700 billion to take care of some failed
institutions verses a few million to pursue these cases, I hope my
colleagues would recognize the value.
The time has come to confront the injustices of the past openly and
honestly. For some of these crimes, it is too late. Last year,
Tallahatchie County in Mississippi officially apologized for the trial
in the Emmett Till case in which these two confessed killers lived the
rest of their lives in freedom. To be sure, they are now dead and
beyond the reach of justice.
But there was some measure of justice for the families of Andrew
Goodman, James Chaney and Michael Schwerner--young civil rights workers
who participated in the historic Freedom Rides in 1963.
Edgar Ray Killen was allowed to roam free for more than three
decades. But his belated conviction in 2005 is proof that we can
provide closure and hold those responsible for terrible crimes, even
years after they have occurred.
With this legislation, we will launch one of the most exhausting
manhunts in the history of our country to pursue those responsible for
these acts. We can tell those who committed crimes who still roam this
country free that they should never, ever, ever again enjoy a sleep-
filled night; that is, as long as they live, the U.S. Government, our
Government, will do everything in its power to apprehend them and bring
them to the bar of justice.
That is the message we can convey today, with this legislation, to
the families, the friends, and others who have lost loved ones, who put
their lives on the line to press for justice and for helping our Nation
achieve that ``more perfect Union'' that each and every generation has
tried to achieve. Those ideals are at the heart of this effort. We may
never be that perfect Union, but, as Abraham Lincoln understood
intrinsically, each generation bears the responsibility for bringing us
closer to that ideal.
With this legislation, the Senate and this Congress on this date
early in the 21st century is saying simply: We will not forget, and we
will not yield.
The hour is, obviously, very late. Memories are dimming. Those who
can bring some important information to the legal authorities are
passing away. This bill may be the last and best chance we will have as
a nation to write a hopeful postscript in the struggle for racial
equality in our Nation and to provide closure for these families at
last.
We all bring a unique commitment to this case. Representative John
Lewis, my great and dear friend in the other body who has worked so
hard to see this bill become law, was a hero of the civil rights
movement--is still a hero, I might point out--who nearly gave his life
ensuring that the promise of America can be realized for all of our
citizens and in all of our communities. Others may simply recognize
when justice has not been served.
I have spoken many times about my father on this floor, in this
Chamber, about how in the 1930s he was among the first, as a member of
the Justice Department, long before the Civil Rights Division, to
prosecute the Ku Klux Klan and other civil rights cases for the
Department of Justice. I have spoken about his work as a prosecutor
pursuing Nazi war criminals at the Nuremberg war trials, where he stood
face to face with the men who committed crimes that were so horrifying,
so enormous, that few believed they could have possibly happened--
until, that is, my father set out meticulously proving them, step by
step, piece by piece. I believe the same is true of civil rights crimes
in this country.
His body of work, including his service to this body, never fails to
remind us that when we reaffirm our commitment to the rule of law, when
we act not out of vengeance but in pursuit of justice, we most live up
to the promise as Americans. However tardy that pursuit may be,
affirming that enduring commitment is what this effort is about today.
Again, I thank immensely the majority leader and others who have been
a part of this effort. We thank Jim Talent, the Senator from Missouri,
who originally authored this bill, and I am proud to have joined with
him some 3 years ago and proud to have picked up that mantle in this
Congress, along with, as I say, 13 of our other colleagues here, to be
a part of this effort that has produced this passage a few minutes ago.
I wish to thank the steadfast support of allies and friends such as
John Lewis in the Congress, the House of Representatives, who made this
possible, and many organizations that
[[Page 20714]]
helped us shepherd this legislation through the Senate: the NAACP, the
Southern Law Poverty Center, the Leadership Conference on Civil Rights,
and so many others.
In addition, I thank the Emmett Till Justice Campaign and its
president, Alvin Sykes. We heard Senator Coburn talk about this a few
moments ago, and I wish to associate myself with his remarks. He is a
remarkable individual. Mr. Sykes's determination has helped the Senate
get to this historic moment.
I wish to mention Simeon Wright, as I had the pleasure of meeting
Simeon Wright and his wife a few weeks ago. Simeon Wright is Emmett
Till's cousin, and he was sharing that bed with him that night 53 years
ago when his cousin was ripped out of that bed, never to be seen again,
except for his mutilated body. Simeon Wright is getting on in years
now. But it was an honor to meet him and his wife, and his
determination and commitment on behalf of his family helped us arrive
at this moment. So to Simeon Wright and his family, the moment has
come, and this bill will now become law.
It is vital that we bring to justice those individuals who committed
these heinous crimes. It is essential to their families that we
reaffirm this Nation's commitment to the rule of law.
I thank all of my colleagues for supporting the Emmett Till Unsolved
Civil Rights Crime Act.
I yield the floor.
The ACTING PRESIDENT pro tempore. The Senator from Wyoming is
recognized.
____________________
MEDICAL ``NEVER EVENTS''
Mr. BARRASSO. Mr. President, this morning I would like to speak about
medical safety, about patient care, about the cost of that care, and
about how Medicare is dealing with this.
In 1999, the Institute of Medicine issued a groundbreaking report on
medical errors. The report was called ``To Err Is Human: Building a
Safer Health System.'' The Institute of Medicine findings provoked
heated and extensive professional and public dialog. The report left
few doubting that preventable medical injuries occur and continue to be
a serious problem in America.
It identified a number of solutions, solutions to stop hospitals and
physicians from performing unsafe practices. It also asked lawmakers to
partner with health care providers to create and to adhere to strict,
ambitious, quantitative and well-tracked national goals.
The National Quality Forum Set out to do just that. The forum's
mission is to bring people together to create health care quality
initiatives that are safe, effective, and patient-centered.
In 2001, the former National Quality Forum CEO first coined the term
``never event.'' Well, he was referring to particularly shocking
medical errors that really should never happen, medical errors such as
surgery performed on the wrong body part, surgery performed on the
wrong patient, or the wrong surgical procedure performed on a patient.
By 2002, the National Quality Forum had identified 27 so-called never
events. Now, the ``group'' is listed in six different categories:
surgical, product or device, patient protection, care management,
environmental, and criminal.
The Agency for Healthcare Research and Quality says that most never
events are very rare. They estimate that a typical hospital might have
a wrong-site surgery case once every 5 or 10 years.
As public reporting on health care quality gained momentum, lawmakers
focused on eliminating never events. They did it as a way to increase
accountability as well as to contain costs. More and more surgeons
began physically signing the surgical site with a marking pen in the
pre-op holding area. Now, they did this while the patient was still
awake just to make sure everyone agreed what operation was being done
on what body part.
The Deficit Reduction Act of 2005 required the Secretary of Health
and Human Services to select at least two conditions that could be
reasonably prevented. This is where Washington went too far. The
Washington bureaucrats identified eight conditions as never events.
Here is the list: object left in during surgery; air embolism; blood
incompatibility; pressure ulcers; falls and trauma; catheter-associated
urinary tract infections; vascular catheter-associated infections; and
surgical-site infection. Why is this important, this list of eight?
Well, it is important because some of this list of eight conditions
really should never happen. Some of these eight conditions, though, can
and do occur with regularity, even under the best of circumstances.
Well, what is the impact of the rules on patients and the medical
profession? Medicare says it will pay to treat the underlying diagnosis
but will not pay the hospital to treat complications from any of these
eight conditions if the medical problem develops during the patient's
hospital stay. For example, the patient is treated for a stroke, has no
other complications during the hospital stay, and the hospital is paid
a little over $5,000 by Medicare. If the same patient was to have a
severe pressure ulcer when they arrived at the hospital in addition to
the stroke, Medicare pays about $3,000 more for the treatment of both
the stroke and the ulcers. But Medicare says: If the pressure ulcers
developed after the patient arrived at the hospital, then Medicare will
only reimburse to treat the stroke, not to treat the pressure ulcer.
The problem with pressure ulcers is they will not show up until the
patient has usually been in the hospital for awhile. The damage to the
tissue occurs at the time the patient with the stroke or with a broken
hip lies motionless at home waiting until someone finds them, as often
happens with somebody who lives alone. The damage occurs before the
patient is even taken to the hospital, but the hospital is going to
lose up to $3,000 to treat the pressure ulcer regardless of the medical
condition that caused the problem in the first place. The bureaucrats
are saying it should never happen, yet it happens all the time.
Although the never events program is in its infancy, I am troubled by
the direction these Washington bureaucrats are headed. I believe the
negative long-term impact on patient care is going to be significant.
This year, Washington bureaucrats expanded the never events. They
expanded the list to include even more conditions: surgical-site
infections following elective procedures, blood sugar control, and
deep-vein thrombosis/pulmonary embolism.
When you take a closer look at the entire process, it does show a
disturbing trend. I agree that a foreign object left behind inside a
patient after surgery is an event that should never occur. The fact is
that most of the never events on the Government's list, selected and
targeted in the rulemaking process, are impossible to eliminate.
These bureaucrats clearly did not fulfill their requirement in the
Deficit Reduction Act, a requirement to choose never events that are
reasonably preventable by applying evidence-based guidelines. To be
reasonably preventable, the Washington bureaucrats must have peer-
reviewed, published literature showing clinicians can reduce the
incidence of the chosen never event to zero or near zero. Current data
shows that even when all appropriate care is administered, we do not
know how to reduce the rates to zero or near zero of many of the
conditions now on the list. Some patients, particularly high-risk
folks, will develop conditions on the list regardless of how good the
care is that they receive at the hospital.
Here is an example. The bureaucrats have listed deep-vein thrombosis/
pulmonary embolism as a never event. Well, the best scientific studies
on large numbers of total hip and total knee procedures--and this is
from the time I started in medical school and we were trying to lower
the risk of those blood clots--showed that under no circumstances, no
matter what different treatments the best scientists have come up with,
there is no current treatment available today worldwide that would
decrease the blood clot risk to zero.
Now, I want to tell you about a patient who had a broken hip, a
broken
[[Page 20715]]
hip on the left side, and at the same time of the injury, she bruised
her right hip but did not break it. We know that patients with either a
broken hip or who have received an artificial hip, that right after
surgery, for the first couple of weeks, they have an increased risk of
getting a blood clot. We treat them with blood thinners. Still, blood
clots happen.
So this is a patient who was given a blood thinner. We were trying to
find out what the right delicate balance was. We worked with an
internist and others. We thought we had the right delicate balance for
the right dose of medication. On her right side where she had the
bruise, she bled into that wound, and that bruise got more blood
accumulated, a hematoma. On the left side, the side with the broken
hip, she got a blood clot. She was on the blood thinners and bled into
the one side, had a blood clot on the other side, and yet they call it
a never event. How can Washington bureaucrats say that this is a never
event?
Let's look at another so called never event that made the list. Many
of the ventilator-assisted pneumonia cases I saw practicing medicine in
Casper, WY, occurred in trauma patients. The Wyoming Medical Center is
a centrally located trauma facility. I saw patients brought in from
accidents that occurred around all the State.
Many of the patients are treated and stabilized at a local hospital
100 to 250 miles away. They are transferred to the Wyoming Medical
Center. Trauma physicians have no way to determine whether the
pneumonia is secondary to aspiration that occurred right there at the
site of the accident or whether it occurred as a result of something
that happened at the first hospital. In the physician's initial
assessment, a pneumonia has not yet developed. It takes time before it
shows signs. Even the Washington bureaucrats that wrote the proposed
rule agree. The rule is clear and scientific evidence is clear that 60
to 80 percent of ventilator-assisted pneumonia cases cannot be
prevented. How can they call that a never event?
I have been a doctor for 30 years. I can share lots of similar
examples with Members. Each example begs the following question: So
what if the never event occurs in one hospital and then the patient
needs to be transferred to another medical facility for advanced
specialty care? Medicare says they are not going to pay for that
treatment. Does that mean the second physician in the second hospital
will not get paid? If the receiving hospital will get paid but the
first one will not, isn't that surely going to lead to more transfers
from one hospital to another, moving the patient from a hospital where
the hospital will not get paid to the hospital where payment will
occur?
Look at it on the other side. If the receiving hospital will not get
paid for a complication that occurred at the first hospital, then why
should they accept the patient in transfer for the care they need? Is
there any way for hospitals to appeal the decision of the Washington
bureaucrats? What impact will this whole process have on medical
liability? Will this list of so-called never events lead to increased
litigation? After all, if something is never supposed to happen because
the Government list says it doesn't but then it happens, does that mean
someone is at fault?
Where guidelines and proven medical strategies exist, doctors and
hospitals strive every day to make sure serious adverse events do not
ever occur. Never events should never occur.
It is important to remember that the 1999 Institute of Medicine
report which called attention to medical errors in the first place said
bad systems and not bad people lead to most errors. As an orthopedic
surgeon, I have spent my entire professional career trying to make
people better. I have been on call in the middle of the night when
folks have been involved in traumatic accidents. There are people with
incredible talents practicing medicine, trying to do their best, but
government policies continue to needlessly hamstring the ability to
help their patients. The health care of this Nation is going to be hurt
by the direction that Washington bureaucrats are headed.
``Never events'' should never happen. When Washington bureaucrats
stretch the meaning of the word ``never'' to keep from paying
hospitals, they mislead the public and cheat our Nation's hospitals and
health care providers. Perhaps Washington should start to focus its
regulatory efforts on eliminating waste, fraud, and abuse in the
Medicare system. This year alone we have seen one news report after
another uncovering Medicare wasting American tax dollars. Medicare is
paying billions for wheelchairs, prosthetics, canes, prescription
drugs, and other medical supplies, as the report shows, all prescribed
by doctors who are dead, some who died 10 years ago. The Washington
check writers honored hundreds of thousands of these fraudulent claims.
I wonder who is holding these bureaucrats accountable.
In 2001, they pledged to fix the problem identified by the Health and
Human Services Office of the Inspector General. That was 7 years ago.
Recent reports estimate Medicare loses approximately $70 to $90 billion
each year to waste, fraud, and abuse. This strips our health care
system of vital resources, resources we should be devoting to care for
the elderly, the frail, the vulnerable. Federal officials have an
opportunity to show leadership. They could have chosen to work with
hospitals and physicians to develop evidence-based guidelines. Instead
they have decided to issue a rule aimed at withholding money from
hospitals, not improving patient care.
It is time to rethink this flawed policy. Policies must work to
improve patient care, not to punish hospitals. Hospital doors must
remain open.
I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER (Mr. Nelson of Nebraska). The clerk will call
the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. CORNYN. I ask unanimous consent that the order for the quorum
call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
ENERGY
Mr. CORNYN. Mr. President, I was pleased to see a report that the
continuing resolution that will keep the Government running while
Congress adjourns during the election period and beyond, that the
continuing resolution proposed by the Democratic leadership in the
House will actually eliminate a moratorium or a ban on drilling and
exploration in the Outer Continental Shelf, which is, of course, the
submerged Federal lands off our coastlines which are reported to have,
by all of the experts, huge volumes of oil and gas. This actually
represents a tremendous development in the Congress.
For a long time now we have been saying we need to develop more of
America's natural resources, American energy at home, so we would be
less dependent on imported oil and gas from the Middle East. Until this
point, those entreaties, those pleadings, those requests had fallen on
deaf ears, it seemed. But I congratulate the Democratic leadership in
the House. This could go down as a bipartisan success of which we
should be proud.
I remind our colleagues this is only part of the equation. We have
said we need to find more American energy so we would be less dependent
on imported oil from the Middle East. Where might we find that? It has
been documented that deep sea exploration in the Outer Continental
Shelf, the submerged lands off our coastlines, could produce as much as
14.3 billion barrels of oil. That is a lot. The western oil shale--
which I am unclear whether the continuing resolution will deal with,
but which has currently received a ban on development and exploration
of western oil shale--is projected to have the equivalent of 800
billion barrels of oil. That is even more than the Outer Continental
Shelf. Then there is, of course, the Arctic Coastal Plain which is
estimated to have 10.4 billion barrels of oil, for a total estimate of
824.7 billion barrels of oil right in the good old U.S. of A. This
would eliminate all oil imports, once it was on line and was being
produced, for more than 198
[[Page 20716]]
years. These are fantastic numbers and time periods. I know it is hard
to conceive, but even if these numbers are not exactly right, what it
demonstrates is that we have a lot of great oil and gas reserves in
America. And all of the money that T. Boone Pickens, through his
advertising campaign to raise the visibility of this issue, all the
money which he has documented, which we are sending overseas to buy oil
and gas, we could actually reduce that dramatically by producing more
at home.
We have said, of course, it is only part of the equation. While we
need to find more, we also need to use less.
Yesterday we also did the third leg of the stool. We voted to extend
the various tax credits and subsidies that would encourage development
of alternative sources of energy. In Texas, we are known as an energy
State. I bet most people would be surprised to know that in addition to
oil and gas, we are the No. 1 electricity producer in the Nation from
wind energy. Obviously, those alternative sources of energy are very
important.
I caution my colleagues to the fact that no matter how much we act to
eliminate the moratorium on the ban on offshore exploration, we still
haven't done enough to open western oil shale. We still haven't done
anything to open exploration and production in the Arctic Coastal
Plain. I know while this 824 billion figure seems like a lot, it is
estimated, once on line, it would produce about 3 billion barrels of
oil a day, reducing our dependency. Just as the President's elimination
of the executive ban on offshore exploration is a hopeful sign and
elimination of the Federal moratorium on exploration and production in
the Outer Continental Shelf is likewise a hopeful sign, it is a
necessary but not a sufficient answer to the problem. That is because
significant oil and gas reserves that exist in America, where producers
and leaseholders already have a right to explore and produce that oil
and gas and where they have invested more than $2 billion into these
projects, because of lawsuits, opponents have blocked drilling in a way
that, unfortunately, is going to take years and years and years to
resolve.
There are many examples of litigation thwarting approved drilling
projects on existing leases. The area I am talking about specifically
is, the Federal Government has leased land and approved drilling in the
Beaufort Sea off the coast of Alaska's Arctic National Wildlife Refuge.
Too often, long-term planning and heavy investments of human and
financial resources necessary to develop and produce these reserves are
frustrated, and future investment discouraged, when projects that have
been extensively reviewed and approved by the responsible Federal
agencies are shut down and effectively thwarted by frivolous
litigation.
It is undisputed that oil and gas can be extracted from below the
surface in a cleaner and more environmentally sensitive way than ever
before. This is something that is vividly demonstrated by the fact that
if you land or take off from an airplane at DFW Airport in the
metroplex of Texas, the Dallas-Fort Worth area, you can actually land
at the DFW Airport and you will see a number of drilling rigs on the
DFW Airport property. What they are drilling through there is something
called the Barnett Shale, a prolific producer of natural gas right
there in a highly populated area. It is being done in an
environmentally responsible way, a way that is safe to the human
occupants of that area and a way that, because of modern drilling
technology, you can use a single well bore and basically go in all
directions by thousands of feet and produce a lot more natural gas than
you could have using old drilling technology. So just like when it
comes to coming up with better sources of alternative energy,
technology has produced a more efficient, more environmentally
responsible way of drilling for oil and gas right here in the United
States.
But to get back to my point, even if we lift this ban--all of these
bans--unless we do something about the limitless litigation that
prevents drilling from ever starting, we might as well have done
nothing because this effectively shuts down drilling and production of
American energy as much as any moratorium could. Unless we reform this
litigation system, any repeal of a drilling ban does nothing to help
consumers at the pump.
So I urge my colleagues to work with me and all of us who are
interested in trying to find a solution to this tremendous dependency
on foreign oil. Lifting the moratorium is an important step. I
congratulate the Democratic leadership coming together with Republicans
who have been calling for this for many months now. But no one should
be fooled--and this would be the most cynical of all--if Congress
pretended to actually be solving a problem when we know that this
frivolous litigation effectively bans development of America's natural
resources. This would be the most cynical move of all if we did nothing
about that second part, about the frivolous litigation, because already
I think people across America look at Congress as appearing to do
things, perhaps superficially appearing to be responsive to their
concerns, but in the end roadblocks continue to exist which impede, if
not block, any realistic reform or progress on the particular subject.
So this is something I hope we will not give up on. I think today if,
in fact, we do pass a continuing resolution that eliminates the
moratorium on Outer Continental Shelf exploration development, it will
be a great day. It is a necessary--again, a necessary--but insufficient
way of addressing the ultimate dependency on imported oil.
We know high energy prices affect our economy. As a matter of fact,
even though prices have dipped some, the fact is, today, according to
USA Today, the average price of gasoline is $3.72 a gallon in America.
It had gone as high as $4.11 a gallon and has come down a little bit,
but it is hard to remember just a year ago a gallon of gasoline sold
for an average of $2.80 a gallon. In other words, it is up about 92
cents a gallon over a year ago, even though it has come down a little
bit.
The underlying problem that is putting so much pressure on gasoline
and oil prices is, of course, the law of supply and demand and the fact
that growing economies such as India and China are using more and more
energy, which means we are competing globally for the same oil, which,
of course, unless we produce more, the law of supply and demand tells
us the price will continue to go up.
So we should not be fooled into thinking we have solved the problem
by eliminating only the moratorium on the Outer Continental Shelf--and
there is more that remains to be done with the western oil shale and
the Arctic Coastal Plain--we should not fool ourselves into thinking we
have solved the problem, even if we were to lift those moratoria,
unless we address this frivolous litigation that has had a way of
bogging down this development in areas already leased and where
leaseholders and producers have already invested billions of dollars.
We need to do something about that.
So I hope we will return--if not this week--and my hope would be we
could do this at the same time. There are a number of proposals.
Congressman Shadegg over in the House of Representatives has done good
work in this area. Senator Ted Stevens from Alaska has some very good
and interesting proposals. I have heard Senator Kit Bond of Missouri
talking about some ideas he has. I have a proposal we have been working
on that we think will address the delays in this frivolous litigation,
while preserving to those who were genuinely harmed the right to
recover compensation if, in fact, there is damage as a result of some
misconduct on the part of the individuals who are producing or
exploring for energy in America.
So far so good. I think we ought to acknowledge the progress that is
being made after all of these months. But we are not there yet. I hope
we will see continued cooperation as we actually help to bring down the
price at the pump and reduce America's dependency on imported oil in a
way that endangers our national security and threatens our economy at a
time when our economy is quite fragile indeed.
[[Page 20717]]
Mr. President, I ask unanimous consent to speak for an additional 5
minutes.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. CORNYN. I thank the Chair.
____________________
THE ECONOMY
Mr. CORNYN. Mr. President, I want to say a few words about the
principles that will guide my consideration and my vote on the proposal
made by the administration, by the Secretary of Treasury, Henry
Paulson, and Ben Bernanke, the Chairman of the Federal Reserve Board.
I have to tell you I am extremely upset we find ourselves in this
terrible situation. I can tell you the phone calls I have been getting
from my constituents are that they are overwhelmingly angry at how we
could possibly find ourselves in this situation.
First of all, I think there has been a perception that--listening to
Treasury Secretary Hank Paulson--is actually not true: that this is
somehow a bailout for Wall Street. In other words, the people who have
profited mightily from the enormous sums of money that have been made
recently on Wall Street, in the end, they are going to get off scot-
free and the taxpayer is going to end up holding the tab. That is
completely unacceptable.
First and foremost, I think we need to ask ourselves how we can
protect the American taxpayers. The vast majority of Americans played
no part in the collapse of some of the largest financial institutions
in America, and they should not be forced to pay the price for the
irresponsible and risky conduct of those who were at fault.
Secondly, we need to make sure this American economy remains stable
and that small businesses, which are the lifeblood and the job creators
in our economy, have the ability to grow and to create new jobs.
I think in the end economic growth is the key. What can we do to keep
this great economy growing and producing jobs? I believe responsible
tax relief helps small businesses grow and helps create jobs. Now, how
would I know that? Well, all I would have to do is look back to the tax
relief we passed in 2003, which cut the dividends and capital gains
rate, which gave rise to a net increase of about 7 million jobs in
America. That is what life was like before we hit the subprime mortgage
crisis and high energy prices.
But we ought to look to what works, and we should not use this as an
excuse to grow the size of Government and increase the size of the tax
burden on hard-working American families and small businesses because
that will make things worse, not better.
Third, we need to ask ourselves if this proposal does enough to
safeguard transparency and accountability. Frankly, I think a lot of
work needs to be done here. I think the very fact that Moody's and
other entities which actually grade the investment value of many of
these mortgage-backed security projects completely missed the target
and failed to predict the precipitous drop in value of these subprime
mortgages and the securities that are backed by these mortgages is
evidence this is simply an opaque and nontransparent system and that
not even the people who should know were able to evaluate what the true
value of these mortgage-backed securities were. So I think we need to
have certainly more transparency in this process, and we need to make
sure those who are responsible are held accountable.
I am very pleased to hear in today's news that the Federal Bureau of
Investigation has decided to investigate, among others, the actions of
Freddie Mac and Fannie Mae to determine whether fraud or corruption on
the part of key players was the cause or contributed to the cause of
our current financial turmoil. After the collapse of Freddie and
Fannie, I sent a letter to the Attorney General of the United States,
Michael Mukasey, and asked for a full investigation because in 2006 the
very titans of industry who reaped millions of dollars in financial
gain ended up with a slap on the wrist and no criminal penalty for
cooking the books in order to generate larger bonuses and financial
returns for themselves. That is completely unacceptable.
We need to make sure those who are responsible for precipitating this
financial crisis are held accountable. If that means they are guilty of
crimes, they should go to prison and pay the price as an example to
others who would take advantage of the American taxpayer and would be
motivated by the kind of greed that lets them forget their
responsibilities not only to their shareholders but to the American
people themselves.
So I am pleased the Attorney General is taking an aggressive posture
and the Federal Bureau of Investigation is going to be conducting a
thorough investigation. I say let the chips fall where they may. I do
not care who it is. I hope they will pursue that to the fullest extent
of the law.
Mr. President, I appreciate the opportunity to come and address these
very important topics, and I hope that as the days go by Congress can
work together in a bipartisan manner to try to find a way to address
these problems. But certainly the initial proposal by the Secretary of
Treasury is unacceptable on a number of bases, but he has my
commitment, as do my colleagues, that I will do my best to work with
him to try to protect the American taxpayer.
The PRESIDING OFFICER. The Senator from Ohio.
____________________
ECONOMIC POLICY
Mr. BROWN. Mr. President, I appreciate the opportunity to address the
Senate today. I second the words of my colleague from Texas of the
concerns of this economy and question how we got here. It is pretty
clear to me, with 8 years of Bush economics, with deregulation of Wall
Street, more tax cuts for the rich, and a trade policy that Wall Street
has pushed through the House and Senate, these job-killing trade
agreements that have caused literally millions of manufacturing jobs to
flee our country, combined with a tax policy that gives incentives for
companies to go overseas, rather than passing Senator Obama's, Senator
Durbin's, and my Patriot Corporation Act, which gives incentives for
those companies that are staying right here in the United States,
whether it is in Omaha or Cleveland, whether it is in Houston or
Columbus, those companies that play by the rules, rewarding them with
tax policy and others that those companies deserve.
Let me, for a moment, Mr. President, take the Senate around on a tour
of my State. There are so many good things happening in Ohio. I was
with Governor Strickland for a couple days on Friday and Saturday going
through eastern and southern Ohio. We were talking with people we met
and talking to each other about all that is happening in our State, all
the good that is happening, particularly in the area of biomedical
research and development and job creation and especially in alternative
energy.
Ohio is on the precipice--as many of us have pushed for in my State
for many years--Ohio is on the precipice of being the Silicon Valley of
alternative energy. It started in Toledo, which has the largest solar
energy manufacturer in the country. The research going on at the
University of Toledo on wind turbines is the furthest reaching,
furthest advanced research in the country.
Go around the State to Akron and you can see what the University of
Akron is doing with polymers and the kind of spinoff of jobs replacing
lost jobs in the auto industry.
Go to Dayton where we have the National Composite Center that is
making major contributions with lighter, stronger, more durable
materials that can help with more efficient, better mileage
automobiles, not to mention what they are doing on alternative energy
with wind turbine blades.
Go to Cleveland and look at what the Case Western Reserve University,
in conjunction with the Cleveland Foundation, is doing with plans to be
the first place in the world where there will be a wind turbine farm in
fresh water off the coast of Cleveland in green Lake Erie, supplying
much of the electricity needs of northern Ohio.
Go to Columbus and look at the Center for Automotive Research and the
[[Page 20718]]
work they are doing for Ohio State. Look at the great university
facilities at Cincinnati Children's Hospital and the University of
Cincinnati and what they are doing on biomedical research and
alternative energy too.
You can see in my State of Ohio, as many jobs as we have lost, this
State is coming back.
Now, we can't do what we need to do--and the Governor was emphatic
about that, as I am in the Chamber of the Senate--we can't do what we
need to do unless we get a little more help from the Federal
Government, not so much giving us things but just not standing in our
way.
Instead, we have seen, for the last several years in our State and in
our country, a betrayal of the middle class. The drug companies wrote
the Medicare law, the insurance industry has written health care
legislation in this Congress, the oil companies have dictated energy
policy, and Wall Street has pushed through these job-killing trade
agreements. On issue after issue after issue, the Republican majority
in the House and in the Senate, for most of the last 8 years, and the
Bush administration have betrayed the middle class and the values that
we as a nation and that we as a State find so important.
All you have to do is look at what happened yesterday in the Banking
Committee when Secretary Paulson and Chairman Bernanke testified. I
have a lot of respect for Chairman Bernanke. I think he has moved as
quickly as a Fed Chairman can in dealing with the housing crisis in
most cases, certainly compared to his predecessor, who helped to set
the table for a lot of these problems. I have a lot of respect for him.
He and Secretary Paulson testified before our committee. They had some
interesting ideas, as the Senator from Texas, Mr. Cornyn, mentioned a
moment ago. I don't buy their solution: Give me $700 billion and a
blank check and I will try and figure out how to do it; buying these
troubled assets, without any rules to it. It is dead on arrival in my
belief.
But what my colleagues don't bring out, when we have this terrible
problem on Wall Street, is how we got there. It is this betrayal of the
middle class that has been brought to us by the Bush administration--
the deregulation of Wall Street. Wall Street people are always going to
be aggressive. They are all going to look for money-making
opportunities. They are all going to play on the edge sometimes and
take risks. But until the Bush years, there have been rules in place
that keep Wall Street from going over the line, that keep Wall Street
in check, that still capture the energy and dynamism of capitalism but
don't allow them to go overboard and do what they did. That is what has
brought us to this today, coupled with the tax cuts and the incredible
profits of Wall Street firms, the incredible bonuses, eight-figure
bonuses. When I say eight figure, that means $10 million and up;
bonuses that too many of these Wall Street executives had while they
were inflicting damage in Maple Heights, in Garfield Heights, in
Norwood, and in places all over my State that are suffering from the
home foreclosure crisis.
So we got to this place where Wall Street overreached, where their
greed overcame all other sentiments, and we got to this place because
of the Bush deregulation of Wall Street, because of the tax cuts,
because of this trade policy that has betrayed the middle class. As far
as I am concerned, three strikes and you are out. This deregulation,
the tax cuts, and trade policy clearly have put us in a place where my
State has lost 200,000 manufacturing jobs since George Bush took the
oath of office. I see the pain around my State, even though we are
fighting back. Even in that initial trip around the State that I took
my colleagues on, people in my State are hurting. In the last year and
a half, since I was sworn into the Senate in January of 2007, I have
held almost 120 roundtables in my State--from Ashtabula to Middletown,
from Gallipolis to Toledo--and in these roundtables I will invite 15 or
20 people from the community or 15 or 20 veterans or 15 or 20 farmers,
a cross-section of the community, and talk to them about their hopes
and their dreams. Increasingly, I see fear. Increasingly, I see anxiety
about the future because they know their Government simply hasn't been
on their side.
So I think about this deregulation, the Bush-Cheney-McCain
deregulation. We know that our colleague, Senator McCain--who has not
been here very much in the last year and a half because of the
Presidential campaign--has consistently pushed for deregulation. He
has, in the last few months, become a raging populist. He almost sounds
like some of the great populists who sat in this Senate over the last
100 years. He almost sounds like Paul Wellstone. He almost sounds like
Senator LaGuardia from New York, people who fought for the common man.
But this is sort of a new John McCain than before when he was for the
tax cuts, when he was for deregulation. More importantly, Senator
McCain has been one of the prominent cheerleaders for deregulation
which got us into this position on Wall Street. Now he is saying the
President should fire Chairman Cox. He is saying we should go after
these Wall Street executives, things he never dreamed of saying until
he decided it was good for his Presidential campaign.
In the past, Senator McCain has said he doesn't know much about
economics, and what he does know he learned from one of our colleagues,
Phil Gramm. Phil Gramm was the architect--John McCain's mentor in the
Senate, particularly on economic issues--Phil Gramm was the prime
architect of this deregulation scheme that has so pushed us behind the
eight ball and that is so troubling, frankly, to the direction we are
now going. I think if we hadn't had this deregulation of Wall Street,
we wouldn't be in the position we are. I don't know that Senator Gramm
gets it, still. Phil Gramm has said we are not in a recession; that
Americans are in a mental recession. When people complained about that
statement saying: Look around; all you have to do is look around, Phil
Gramm said the American people ought to quit whining. It is easy for
him to say. He is a major bank executive. He is a lobbyist--he is a
major bank executive and he has made so much money. He is the Senator
who supported Enron and all its problems. We know that following his
economic advice is not the way the country should go.
I come to the floor today for one more purpose, and that is to sound
the alarm on what this privatization, deregulation scheme is all about.
Imagine if we had followed what Senator McCain had said in 2005. In
2005, President Bush was sworn in for his second term on January 20.
Two weeks before that, the House and Senate began their sessions. We
were sworn in. I was sworn in as a Member of the House of
Representatives in those days. Soon after our swearing in and soon
after the President's swearing in, the President unveiled his major
domestic policy initiative, which was to privatize Social Security, to
set up these private accounts. Democrats opposed them in a unified way
in the Congress. In the House and Senate, almost every single
Democrat--maybe every single Democrat--opposed them. People in the
country said no. Democrats said no. All over the country, citizens,
Independents said no, Republicans said no, this was a bad idea.
Mr. President, I ask unanimous consent for 3 additional minutes.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Mr. BROWN. I thank my colleague from Florida.
Imagine what would have happened if we had gone along and if the
country hadn't said no to this Bush-Cheney-McCain privatization scheme:
Americans now would find that these private accounts weren't quite what
they were billed to be. They were, in fact, as risky as many of us
said. Because of the promises of: Let's put our private accounts--let's
put our hard-earned Social Security dollars in New York; let's have
Wall Street manage our private Social Security accounts--we all know
what would have happened with the vicissitudes and the volatility of
the stock market.
[[Page 20719]]
My last point is Senator McCain has recently called himself
fundamentally a deregulator and he is sort of the deregulator in chief
in the Senate. But he has come up with something else. He wrote in this
month's issue of Health Magazine that it would still be a good idea to
deregulate the health insurance market: ``As we have done over the last
decade in banking.''
I don't get it. I don't know how any Member of this body, if he ever
goes home or she ever goes home and talks to voters, how they could
think that deregulation of banking, deregulation of health care, let's
give more power to Wall Street and deregulate banking; let's give more
power to the health insurance industry and deregulate health insurance,
it would make any sense at all. I think that, perhaps, more than
anything, shows the fork in the road we are at in this country.
In this Senate and in the House and in the elections, we have a
choice. Do we want to continue down this path of deregulation and
betrayal of the middle class by a government that has turned this
Government over to interest groups--the drug companies writing the
Medicare law, the insurance companies writing the health care
legislation, the oil companies writing energy policy, Wall Street
pushing through these job-killing trade agreements--do we want to
continue to go in that direction or do we want to go in a different
direction that will put the middle class first. I think the choice is
clear, and I think we will see that in the upcoming weeks.
Mr. President, I yield the floor, and I thank the Senator from
Florida.
The PRESIDING OFFICER. The Senator from Florida is recognized.
Mr. MARTINEZ. Mr. President, I have some remarks I wish to make about
the pending matter of the financial crisis we are facing, but before I
do I guess I have to make some comments about some of the things my
distinguished colleague from Ohio had to say. It was a great speech for
a Presidential race, but I don't think it touched on some of the very
important issues our country is facing right here and now, the big
decisions we have to make and that we have to do in a bipartisan way.
We cannot rewrite history because it sounds good. We cannot rewrite
history because it helps the Presidential campaign that one might want
to see succeed in the next 40 days.
The fact is we had a regulation bill before the Senate: S. 190. I was
a cosponsor of it. Senator John McCain was a cosponsor of that bill.
That bill could have regulated Fannie Mae and Freddie Mac. It got
nowhere. The silence on the other side of the aisle was deafening. This
was in 2005. It wasn't that long ago. There was an opportunity then for
all to come around the idea that Fannie Mae and Freddie Mac were at the
heart of the problem we have faced in this financial crisis, and they
should have a strong, world-class regulator. I wish to talk more about
that in a moment. When we talk about a betrayal of the middle class,
wouldn't it have been a good idea if we had rallied around John McCain,
Elizabeth Dole, John Sununu, Mel Martinez, and others who were
supporting the idea that we needed a strong regulator for Fannie Mae
and Freddie Mac; that they were undercapitalized, and until they had a
world-class regulator, it would be business as usual, and they would
continue to pass their largesse around the Congress among their
favorites. The fact is we did not get that bill passed in 2005, when it
might have made a difference.
It is also easy to talk about this administration and attempt to
rewrite history. It is probably more politically expedient not to
defend this administration, but I was a part of it. From 2001 to 2003 I
served as Secretary of Housing and Urban Development. I came before the
Congress and I testified before the House and the Senate Banking and
Financial Services Committees, respectively. I had on my side the
Secretary of the Treasury, John Snow, who was the Secretary at the
time. What did we tell the Congress? We told Congress that we thought
Fannie Mae and Freddie Mac needed a strong regulator, that they were
thinly capitalized, and that they posed a systemic risk to our economy.
I don't know if Senator Brown, at the time a Member of the House, had
an opportunity to hear or read our testimony, but if he had, he would
have known that this administration was for a stronger regulatory
scheme for Fannie Mae and Freddie Mac.
I would also say to the Senator from Ohio, when he talks about
deregulatory schemes and tax cuts, the fact is the tax cuts we have had
in place brought us out of a recession which we were in in 2001. We
have short memories, I know. I know we have a 30-second sitcom memory,
but we should remember that in 2001, when President Bush came into
office, this country was in a recession. We came out of that recession
as a result of a lesser tax burden on the American people that created
jobs and that got this country moving again.
One last thing I will say before I go to my remarks that I planned to
make. When we talk about trade agreements that lose jobs, stalling a
trade agreement with the country of Colombia, in addition to not
serving our security interests, is costing jobs in Miami, in Port
Everglades, in the Port of Tampa. These are good-paying jobs. These are
the kinds of jobs that people today in Florida, with unemployment over
6 percent, would stand in line to be able to have. These are good-
paying jobs at the ports--ports that would trade with Colombia. The No.
4 trading port in America with Colombia is in Tampa. Jobs would be
created in Tampa, FL, if we were to trade with Colombia and if we were
to have a free-trade agreement with Colombia. Over $1 billion in
increased trade, in increased jobs, in increased dollars flowing into
Florida's economy would be created if we would pass that free-trade
agreement, which is stalled because we are doing the bidding of the big
labor unions that don't want to see it happen.
____________________
FINANCIAL RESCUE PLAN
Mr. MARTINEZ. Mr. President, let's now talk about the moment at hand.
The seriousness of the moment could not be more overstated or
understated. This Congress is about to consider the most important
legislation affecting our financial markets, I would say for a
generation and possibly in the history of our country.
The American people must understand exactly what is at stake as we
begin to consider this legislation. This is something we have to do,
putting aside partisan rhetoric, putting aside the fact that in 40 days
we have a Presidential election.
We have to put aside the partisanship and shed ourselves of that
rhetoric. That rhetoric just invites more and more acrimony. The fact
is, we have to come together not as politicians but maybe in a rare
moment of statesmanship to look at this legislation and this serious
and sober moment that our country faces.
What happened is that the credit markets have quit functioning.
Credit cards, car loans, home equity loans, home mortgages, business
loans--all of these loans are impacted. Business loans, which keep
large and small businesses operating, have ceased to exist. They cannot
get the credit that is necessary to operate their businesses. The
financial markets are not functioning, putting in jeopardy our entire
economy. The entirety of our economy is at stake in what we are dealing
with now.
Without timely Government intervention, the financial system as we
know it no longer will exist. This will impact each and every American
family, and it will impact them not just for the next month but for
years to come.
This isn't a Wall Street versus Main Street argument. This isn't
about dividing us and trying to gain political advantage by the
division it creates. This is about every American's ability to pursue
his or her American dream. Without liquidity in the marketplace,
financial transactions just come to a halt. That will create a complete
collapse of our financial system as we know it.
So the need to act has become clear. Treasury Secretary Paulson has
asked for the authority to purchase illiquid assets from financial
institutions in an
[[Page 20720]]
attempt to get the markets functioning again.
With that authority comes great responsibility, and Congress has an
obligation to the U.S. taxpayers to ensure that any program is crafted
and carried out with appropriate oversight.
Congress should consider limiting executive compensation in any
package we discuss. Congress will have to engage in active oversight of
Treasury as they implement whatever plan we ultimately approve. So
there should be no blank check, and there will be no blank check.
Let me also mention I am very pleased to learn of ongoing
investigations into the activities of Fannie Mae, Freddie Mac, AIG, and
Lehman Brothers. This is the worst financial crisis our country has
encountered in recent history, and we owe it to the taxpayers to get to
the bottom of any wrongdoing that may have occurred. That is welcome
news. The American people ought to be reassured by the fact that there
is not going to be any whitewashing of wrongdoing when it comes to this
very serious crisis.
We need to prosecute any inappropriate behavior on the part of these
companies to the fullest extent of the law. If we are going to have to
fix this problem, those who created it need to be held accountable.
After the dust clears, Congress cannot lose sight of one of the main
reasons we are so heavily encumbered by this crisis--why our financial
system is so deeply troubled at this moment in time. Fannie Mae and
Freddie Mac were huge contributors to the problem because of their thin
capitalization, ever-expanding portfolios, and risky practices. I add
to that, that was made possible by weak regulation, by the kind of
regulatory scheme designed by Fannie Mae and Freddie Mac so they could
keep doing business as usual, so they could continue to make the
political contributions and continue to run the Congress as they
wished. I recall on more than one occasion we were trying to push that
legislation that Senator Dole originally sponsored, which I was proud
to cosponsor with John McCain, so that we would have an effective
regulator over Fannie and Freddie. It was really about Fannie Mae was
not going to go for that, so that meant it was dead on arrival and we
could not get it done. As they were able to have their say in terms of
the type of regulator they wanted, then they were able to create the
kind of crisis we have come to today.
They fueled and funneled the risky securities that Wall Street bought
and sold and made lots of money, while ignoring the systemic risk that
move posed to the financial system.
In 2003, when I was HUD Secretary, I came before the Congress with
Treasury Secretary Snow and warned of the loose regulation of the GSEs
and the risk posed by their undercapitalization.
We asked Congress to create a world-class regulator to properly
provide oversight to these financial entities that had become so large
that they had an implied guarantee of the Federal Government, and they
were deemed too big to be allowed to fail.
In 2005, Federal Reserve Chairman Alan Greenspan told the Congress
how urgent it was for it to act, and he said in the clearest possible
terms, if Fannie and Freddie ``continue to grow, continue to have the
low capital that they have, continue to engage in the dynamic hedging
of their portfolios, which they need to do for interest rate risk
aversion, they potentially create ever-growing potential systemic risk
down the road.''
Well, we are now at the end of that road. As we go forward, not only
will Congress have to determine the future role of these entities, we
need to take a very close look at the practices that brought us to this
place.
Throughout all of this work, we cannot lose sight of the root cause
of this financial debacle--the housing crisis. What are we going to do
to avert an ever-deepening housing crisis? When we ask Secretary
Paulson what is the reason we are where we are, obviously, the lack of
regulatory scheme appropriate for Fannie and Freddie is part of it, but
they say that mortgage-backed securities continue to have no value. The
markets for mortgage-backed securities, which has essentially locked
down the entire lending system of our country--and I daresay the
world--came about as a result of the deepening crisis in home prices,
the fact that home values continue to decline, so mortgage-backed
securities continue to have little or no value.
So what are we doing in this scheme that we are discussing to avert
an ever-deepening housing crisis? How are we going to try to put a
floor on those declining home values that are creating the type of
crises in mortgage-backed securities that brought us to this brink of
complete financial collapse of our financial system?
Floridians are among the hardest hit in the Nation. Our State is
suffering mightily because of the deepening housing crisis. I have, for
a long time, been saying, as we talked about a stimulus package some
months ago--and we got them out the door and a lot of families have
been helped by that, and I voted for that package--I said then: What
are we doing not to treat what is apparent in our economy, which is
that people are hurting, but the root cause of the pain, which was the
housing economy? The fact is, folks who work in home construction are
out of work, homebuilders are not being able to keep their employees
going and give them the health insurance they provided for them, and we
have that entire cycle in the homebuilding industry that is, today, not
working as it should, which is providing us with the kind of economic
pain so many Floridians are feeling.
In addition, we have people now in foreclosure or are facing it. That
will continue, as will the decline of neighborhoods. As the
neighborhoods decline, the communities decline. How are we going to
help that situation? I believe it is inevitable that, whether we do it
now or later, we have to seriously address the issue of the declining
home values. One way of doing it would be to provide a healthy $15,000
tax credit to those who would invest in a new home and help them with
the downpayment by that particular means. That is a solution that I
have been advocating that may be of significant help in bringing down
the huge inventory of unused homes that we have, particularly in places
such as Florida.
Housing prices continue to fall, inventories continue to rise, and a
growing number of homeowners are facing their own personal foreclosure
crisis.
To find the bottom of the housing crisis, to stabilize prices, we
need Congress to act. We can approve home-buying incentives. Congress
can approve a tax credit for downpayments. That would at least
encourage people to enter the marketplace, would reduce housing
inventories, and get the money flowing back into the market.
As Congress debates this package, let's remember whom we work for--
the American taxpayer. Our priority should be making decisions that
serve their best interests. No blank check, strict oversight,
accountability, and taxpayer recourse.
It is in every American's best interest that we act. I look forward
to creating the right legislation that averts a financial crisis that
will affect every single American--a financial crisis perhaps bigger
than the Great Depression. That is what is at stake today.
So this is a moment when we have to get away from the usual partisan
rancor. We have to get away from thinking about how we might gain a
political advantage over the other side. The fact is, we need to put
aside the fact that we have an election coming up, put aside all of our
differences, and we have to come together--Republicans and Democrats,
liberal and conservative--for the good of our country. This is a moment
that doesn't call for politics as usual. I believe it is a moment that
calls for something a little bigger than that, a little greater than
that.
I look forward to working with my colleagues on both sides of the
aisle to come up with the best ideas that we can. But at the end of the
day, I believe the failure to act would be so cataclysmic, so
devastating to our country that we have but only one course, which is
to find the best way to get this done, with the right oversight and the
right checks and balances, but act we must.
[[Page 20721]]
I thank the Chair and yield the floor.
The PRESIDING OFFICER. The Senator from New Mexico is recognized.
Mr. DOMENICI. Mr. President, I understand we are in morning business.
The PRESIDING OFFICER. That is correct.
Mr. DOMENICI. I ask unanimous consent that I may speak until about
11:45.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
THE ECONOMY
Mr. DOMENICI. Mr. President, I didn't get the entire message of the
distinguished Senator from Florida. The part of the speech I heard
talked about us getting together and working as American Senators, not
Republicans or Democrats, in this time of crisis. I totally
congratulate the Senator. I agree with him and I believe it is
imperative that we do something before we leave.
Today, I hear talk that we have a continuing resolution we have to
pass, and then we are finished. I am not hearing that from anybody
officially, but it is chattering around. That is the big thing to do.
I must say, that is a frightening thought. If we are thinking of
leaving here without doing something to give the Treasury Department of
the United States some authority to stabilize the credit system of the
United States--if we don't do that and spend time doing that, we don't
deserve to be called Senators.
It is hard to explain, but when you look at it, credit and the
American credit system--call it the banking system if you would like,
but I am calling it the credit system--is what makes America's
prosperity available to millions and millions of people. It is the
credit system that we set up that has given us the greatest standard of
living that any people have ever had.
Something is going wrong with that financial system. It is not a
question of Wall Street; it happens to be that Wall Street is the
center for some of these financial systems that I am talking about. But
they are going amiss; they are going awry. Something basic is
happening, so that the liquidity of the system, which means the money
available for the American financial system that I have just spoken
of--something has clogged it up. We are told by the experts--and I
don't think they have anything to gain. I think the Chairman of the
Federal Reserve Board is a distinguished American who never would have
thought he was taking on this job when he agreed to be Chairman of the
Federal Reserve.
Incidentally, for those who don't know, he has a Ph.D. in economics,
but guess what his dissertation was on. It was on the Great Depression.
I think we are lucky that we have somebody there who understands the
worst of times. He is here, joined by the Secretary of the Treasury,
who is not a long-term Wall Streeter. It is only about 6 years that he
has been involved in the Wall Street activities as a businessman. He is
here begging us, pleading with us, and apologizing that he is not a
good speaker. I am kind of saying: Who cares. Just listen to what he
says. If you can understand it, pick it up and decide there is
something for you to do.
If I sound like I am concerned, I would like everybody to know I have
a very large stake in the future. My grandchildren haven't stopped
arriving on the scene. I have 13 of them. I have 8 children of my own,
and America has been great to all of us. There are millions more
Americans like myself.
What is going to happen if we leave here without solving this problem
or at least giving the executive branch, through the Secretary of the
Treasury, the authority to try to do something to make this system
liquid so that money will flow again? If we don't do that and we go
home and think we are going to have a Christmas, we are apt to have a
Christmas that will shock us all.
We are being told we can have a recession. Those are the words of a
mild-mannered Federal Reserve Chairman. That is what he says, we could
have a recession. I am quite sure when he is in the back room talking
with those experts who advise him and with Secretary Paulson, he says
worse than that. He probably says the thing can fall apart because it
is all tied together and now it is all going to come untied, this great
country, with billions of dollars in securities in the hands of all
kinds of countries and people, having the dollar fall and the other
signals out there that maybe they are right, that we are getting close
to things falling apart.
I have a prepared speech. I asked somebody who is an expert to give
me the whole history of the banking system of the United States since
1933. I was hoping I would have time to read it and let everybody know
what it was and how it happened and how we as legislators in America
didn't quite respond to the banking system as fast as we should.
Legislation didn't keep pace with the changes.
So many people are to blame for us getting to where we are. There are
plenty of people who abused the system. But if we get hung up trying to
find out who did something wrong, then we are going to sit here, with
our fingers pointed, in chairs trying to conduct hearings, asking the
FBI to do things while the America we know goes down the tube.
I believe it is time for clear thinking, for Senators to say: We have
to take this one on the chin. If it is going to hurt politically, it
might as well hurt politically while you are doing the greatest thing
you could do for your country, and that is save it--save it from
economic turmoil. If that is not the case and you don't believe it,
then obviously you can leave as Senators or Representatives. Once the
CR is passed, you can go home and start your Christmas festivities and
start running for reelection. I hope if you do that, when you come
back, maybe those of us who will stay and work will not let the system
fall apart for you. But if you want to take that chance, do it.
I think my colleagues should be here, not home campaigning. And I
think the American people are going to hold you responsible if you
don't get this thing solved.
I hear some say we will do a little something. No, no, not do a
little something. We have the best people advising us that we have to
do this, and there is even a chance if we do this right that we won't
lose as much money as we will as if we do nothing; that, in fact, we
may lose many more billions of dollars if we don't do something to stop
the hemorrhage and at the same time loosen up the money.
I haven't said ``Wall Street'' very often in this speech, and I
haven't used the word ``bailout'' because I don't think we are bailing
out Wall Street and I don't think it is Wall Street that is the
beneficiary of what we are trying to do. Stop and think. Who is
involved in this thing called money lending in the United States,
credit in the United States? There are millions of people and thousands
of institutions that lend money. To whom? To people buying a car,
buying a house, buying the Christmas presents for their children,
improving the house, buying the lawn mower, buying their third car, and
on and on. Those are the people who are using this credit system.
One time off the cuff I didn't know what to speak about before a
crowd. I decided to have them guess with me: What is the greatest
system that is working in the United States that is beneficial to you
on an everyday basis? Of course, nobody could guess what I was going to
say. I said: the credit system of the United States. And then I
proceeded to tell them why the credit system was one of the best things
that America had going for us--not for Wall Street, for us. And the
credit system is at stake. If it doesn't work, nothing works. If your
credit system doesn't work, you don't buy houses, you don't buy cars,
you don't buy toys. Maybe you buy groceries. But if it is broken, who
knows what will happen to a country such as ours when we have been so
used to so much for so long.
Having said that, I have a little bit more time and I wish to talk a
little bit about the history. Maybe I will rethink this for a minute
and put it this way. I believe it is imperative that we pass
legislation, and I believe that if the consensus is, after saying we
[[Page 20722]]
want to give the executive branch what they think they need to solve
this problem, if the consensus is that we need to add something to that
legislation--add oversight, add something on executive pay, whatever
the other things are--let's get on with it. Let's do that. Let's sit
down with the leaders from the White House, from the executive branch,
and say: What do we need in addition to their proposal? And let's talk
seriously. I don't see why it would take so long. I don't see why we
can't do it.
Incidentally, I was chairman of the Budget Committee when the
Resolution Trust Corporation was formed in order to curb the savings
and loan crisis in the early nineties. That effort was also very
controversial. Yet that effort stabilized the markets and eventually
made money for the American taxpayers. Of course, it was much more
limited in scope. We were talking about the savings and loan
institutions. Some were regulated, some were not regulated, and we were
in some kind of a real mess. Some had deposit insurance that was
adequately covered, some didn't. We had to take over their assets and
then dole them out. Some people made a good deal and bought them cheap
and made money. People focused on that and said what a dumb thing we
did because some people made money on the buyouts from this Resolution
Trust Corporation. In the end, when we added it all up, it made more
money than it lost, and it saved the system. In the process, a lot of
purification occurred, a lot of cleaning out occurred.
The same is going to happen here. I am no expert on the difference
between then and now, the Resolution Trust Corporation problem that was
being solved and the problems we are going to solve now, but clearly
there are many similarities. We were frightened. When we heard the
first reports about how much we might lose, there were many who
supported it who didn't want to go home, they wanted to hide their
heads under the desks because it was so many billions of dollars. This
one is going to be worse, and if we don't decide to fix it, there are
not going to be any desks to hide under, in my opinion.
The other problem we have is we haven't told the American people that
this affects them. They have been told, because of the way it was
presented, ``Wall Street,'' ``bailout,'' those famous words--it has
been presented as if it doesn't have anything to do with the people on
Main Street and in our shopping centers across America and those who
are selling and buying houses anywhere in America or buying cars from
their local dealerships. It applies to all of them.
If liquidity, the liquid money flowing, stops for any period of time,
all of those are affected. And guess who is at the end of each of
those. The American people. They are all going to be affected. In fact,
I am quite sure many thousands of Americans are worried today as to
what they should do with their money, with their savings. We need to
build some confidence back into the system and in them. We need to
stabilize the system and build confidence in the American people by us
being confident, by speaking out that we intend to do this, and by
doing it we are going to save this credit system in the United States
which applies daily to each American in a different way, but is their
credit system, the credit system of the people of this country.
The history of the banking system in the United States is clearly an
interesting one, and I believe rather than give it today, I will
reserve it--I know I will have another opportunity to speak--and change
the tenor of my remarks today from the history of the banking system to
my version of the problem, from the top of my head as I think and look
at a few words, what I think the problem is and what I think our
responsibility is.
I once again say that before we leave here, we have a responsibility
to face up to what could be the greatest economic crisis America has
ever seen. If it isn't that big, we don't understand it. We are being
told by those who know that it is that big, that it could be the
biggest economic crisis we have ever had. I tend to believe these two
gentlemen. I have heard them. I don't know them. I listen to them. I
have no idea why they would be telling us this if it were not that they
truly believed it was the fact as they gathered the facts from this
enormous credit system of the United States.
I repeat, we are fortunate that the two experts are truly expert on
matters similar to the ones we are facing. I didn't know about the good
doctor who is Chairman of the Federal Reserve until I was preparing for
this speech and for these hearings, that not only is he an economist
but his expertise is in the Great Depression. No wonder he talks so
confidently about what might happen if we do this or that.
Who are we going to believe if we don't believe people such as them?
Who are we going to believe if we don't believe the Secretary? The
Secretary worked so hard yesterday. I was around him late in the
afternoon. I thought maybe he ought to go home and rest, he had worked
so hard. He truly is trying to tell us with two red flags--if he could
hold five of them--he is trying to tell us there is a big problem and
we better start solving it. Don't be worrying too long how big the fire
is or how big the fire hose has to be. We know how big the problem is.
It is either as big as they say, or we have to guess and say we, as
Senators, with no expertise in this area, no more than that, we are
going to guess. I don't choose to do that. I don't think that is why we
are here. This is a complicated system. The credit system of the United
States is complicated. They have narrowed it down to five or six major
events and now the big one that will wrap it up. We better help them or
we better be prepared to face the consequences ourselves as individual
American Senators.
I yield the floor and thank the Senate for listening.
I suggest the absence of a quorum.
The PRESIDING OFFICER (Mr. Casey). The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. GREGG. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. GREGG. Mr. President, I understand that at 12 o'clock I am to be
recognized for half an hour, but I ask unanimous consent that I be
allowed to proceed at this time for half an hour.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
MAIN STREET
Mr. GREGG. Mr. President, the reason I wanted to take a half hour is
to discuss at some length and in some depth the situation we are in
right now, as I see it, relative to the financial markets as they
affect Main Street because there is a lot of confusion out there and
this issue is about Main Street. It is that simple.
Why is it about Main Street? It is about Main Street because if our
financial markets become totally destabilized, that leads directly to
the ability of people to keep their jobs, to keep their savings, and to
create more economic activity on Main Street.
How does this work? It is very simple. If you are working for a small
company or even a medium-sized company and certainly if you are working
for a large company, it is very likely those companies borrow money to
do things. They may borrow money to buy the materials you work on in
order to create their product. They may borrow money in order to pay
their suppliers. They may borrow money to pay their payroll every week
to make your paycheck. That is just the natural order of commerce in
our Nation. That is the way banks work. That is the way Main Street
works.
You have a little restaurant, a mom-and-pop restaurant, and they
didn't make quite enough this week to pay their payroll, so they go to
their local bank or the community bank and they say: Will you give me a
loan to get me through this week so I can make payroll?
A person who makes a significant or a reasonable amount of money
takes their money and puts it in their bank,
[[Page 20723]]
into a savings account or maybe into a money market instrument because
they get more interest on a money market instrument, and that becomes a
big asset in their life.
Let's say a person wants to go out and buy a car. Most likely, they
are going to borrow money to do that, either from their local bank or
through their car dealership or they are going to borrow money from a
major financial entity such as GE or GMAC. The same is true if you are
buying a house, obviously, or if you are buying a lot of things. If you
are adding on to your house, you are probably going to try to get a
home equity loan. If you are going to expand or improve your kitchen,
put on a playroom for your kids or, if the kids are old enough, send
them to college, you are probably going to borrow money to pay for
their college education.
The ability to borrow, the ability to use credit in our system is at
the essence of the economic lifeblood of our system. Every person in
this country is affected by it.
Unfortunately, what we are confronting and what we almost saw last
week is a total seizing up of our financial industry, and not just the
big banks in New York we hear so much about--not just Lehman Brothers
and Merrill Lynch and Bear Stearns--but the mom-and-pop bank in your
local town, the medium-sized bank in your local county or your State.
All of these were under huge pressure. And why is that? It is because
underlying the banking system is the business of trading and exchanging
credit, of buying and selling debt between banks.
One of the main elements of buying and selling debt is a debt
instrument called a mortgage-backed security. Now, what is that? A
mortgage-backed security is a debt instrument, as if you went to your
local bank and borrowed money, only it is a big set of debt
instruments, and the security for those debt instruments is mortgages.
What has happened, because of the real estate meltdown and because of
the subprime event and the collapse of the real estate industry,
primarily in our bigger States, such as Arizona, California, and
Florida, is it has become extremely hard to value the security below
that debt instrument--those mortgage-backed securities--because the
value of that asset has reduced so much, the house price has reduced so
much.
The reason for that is because a lot of the loans which were made to
buy those securities--to the person who is actually paying the loan,
the person who lives in the house, theoretically, or the person who
speculated and bought the house as part of their investment--were made
at a time when money was so cheap to borrow that they were made at
interest rates which were extraordinarily low and are today being
reset, as those notes become due under the terms of them, at a much
higher interest rate and at an interest rate that the person who lives
in that home can't afford to pay. That is called the subprime issue.
And there are also a lot of variations of that, by the way. So the
person who is responsible to pay that note, first, has an asset which
probably isn't worth what the note was issued for because of the drop
in the value of the home prices and, second, finds themselves with a
debt they can't afford to pay because the interest rates have jumped so
much. That translates into thousands, tens of thousands, hundreds of
thousands of situations which merged together in these mortgage-backed
securities which were then sold and then insured and then reinsured and
reinsured through something called credit default swaps in order to
avoid failure, in order to give coverage, and all of that system has
essentially frozen up--frozen up--so that those mortgage-backed
securities are no longer tradeable because nobody knows the value of
them, and the insurance that was issued on them is at risk, also,
because of the fact that the asset has depreciated and the revenue to
pay the cost of that debt has depreciated.
How does this affect the person on Main Street, the person in Epping,
NH, or Raymond, NH, or Lancaster, NH? The way it affects them and the
way it affects all Americans is that when that freezes up and the
banking system can no longer get value for the debt which it has on its
books and it has to start writing down that value, then the banking
system starts to contract dramatically because the assets which the
bank was depending on in order to be able to lend against are
depreciating radically. As a result, the financial ability to get
credit dries up and contracts, and people react to that, and they did
last week.
This is not a theoretical event, by the way. This type of
destabilization is upon us, unfortunately, and what we are trying to do
is avoid it becoming an epidemic. But last week, in response to the
fact that people couldn't get money and didn't have confidence in
lending money or borrowing money, we had $335 billion taken out of
money market accounts and basically moved over to Treasurys.
What did that do? It was essentially a run on money market accounts.
Well, if you have a run on money market accounts, you have a very
serious problem. Last Wednesday night, we had that problem, because
what happens when there is a run on money market accounts? Well, the
entities that have those money market accounts have to pay them off,
which means they have to hoard their cash in order to support and
defend their money market accounts which are in their banks. So they
can't lend any more money; they have to actually start calling in
accounts. So when somebody comes into their office and says--and this
is a simplified way of explaining this--OK, I need some commercial
paper, some financing to get through my next payroll, which is going to
be this week, because I didn't make enough money on my business this
week--it is maybe a seasonal event or a seasonal slowdown--and they
say: I need to get some commercial paper to make my payroll, well, they
can't get it because the bank can't lend it to them because the bank is
holding its money or the finance house is holding its money for the
purpose of supporting its own capital position or for the purpose of
defending itself against the fact that so many of its money markets are
being called in. The practical effect of this is that you create the
potential for massive destabilization of the economy at a level we have
never seen, potentially.
Now, some might say that is hyperbole. I don't think it is. Mr.
Greenspan doesn't think it is. The former Chairman of the Fed said this
is a 100-year event. Warren Buffett doesn't think it is--a Democrat--
and I am quoting him because he said this morning that he had never
seen an event like this in his life with the potential for this type of
destabilization.
I think anybody who is honest about it recognizes that the last few
weeks have been extraordinary and the threat to our economy and to the
everyday life of Americans has been immense--the threat.
What has happened to try to address this? Fortunately, we have had a
very activist, very bold, and very creative Federal Reserve Chairman
and Secretary of the Treasury. Leading up to where we are today, we had
three major fiscal crises that were addressed aggressively. The first,
of course, was Bear Stearns, the first financial house to go down. That
was aggressively addressed by an infusion of support, not for Bear
Stearns--the stockholders of Bear Stearns lost all their money, as did
their debtholders--but for the underlying financial institutions and
the debt structure built around Bear Stearns.
The second was Fannie and Freddie. Here, the Federal Government,
again, and the Congress, acting in a very responsible bipartisan way,
passed legislation which allowed us to stabilize those two entities.
Why did we need to stabilize those two entities? Because they own $5
trillion of the mortgages in this country. Mr. President, 70 to 80
percent of the mortgages in this country are run through those two
companies. Had they been allowed to collapse, had they been allowed to
totally implode or to become massively dysfunctional, the entire credit
market would have frozen, the mortgage market would have frozen, and a
lot of people would have lost their homes. So, again, the Congress,
acting in an extraordinarily responsible way with the
[[Page 20724]]
Secretary of the Treasury, created the authority to move forward to
settle that.
Then, the third event was last week, last Tuesday night--AIG, an
insurance company. Why, you say, do we need to step in to defend an
insurance company? We didn't need to step in to defend the insurance
company. What we needed to do was to defend the insurance which they
had issued. Why? Because almost every bank of any small or medium size
in this country uses insurance issued by AIG to insure much of its
capital assets so those capital assets can be used against lending.
Whether a bank can lend depends on how much they have in capital
assets. Had AIG gone down, the insurance--the rating agencies would
have rated that insurance as nonperforming, for all intents and
purposes. I am simplifying it, but that is basically what would have
happened.
That would have meant the banks would have had to contract their
capital immediately and that would have meant dramatically less
lending; good loans being called, people who paid their loans would
find their loans no longer existing as the banks had to collect more
capital to get their capital requirements up. Many banks might even
have failed as a result of that event. It was a systemic problem
because the insurance was so pervasive throughout the system and it so
supported the banking and financial houses, to say nothing of the money
market area where it also played a major role.
Again, Chairman Bernanke in this situation stepped in to stabilize
that insurance. He didn't bail out AIG. Don't say to Mr. Greenberg, who
was the primary stockholder in AIG and who lost $5.8 billion in 1 week,
I think it was, that he was bailed out. No, the stock basically went
down to $1, I think, $1 or $1.50. The senior debt was replaced by debt
owned by the Federal Reserve, which is paying 11 percent and I think
everybody agrees that in the end that will end up being a financial--
the Federal Reserve will make money on it.
Now we are at the fourth event of this very tenuous and difficult
financial dislocation that we confront and that is the request by
Chairman Bernanke and Secretary Paulson to give Secretary Paulson the
authority to basically use up to $700 billion of Federal debt to go in
and buy debt which is not performing off the books of various lending
agencies and financial houses so the market can begin to perform. This
goes back to those mortgage-backed securities I talked about; to get
that freeze which has occurred, that logjam to break up so the markets
can function in an orderly way and people can borrow money and people
on Main Street can finance their payrolls, can finance their homes, can
finance their house, can finance sending their child to college, and
the economy grows rather than contracts. Instead of losing jobs, we
will add jobs; instead of losing net worth, we add net worth. That is
what this is about.
There has been a lot of misrepresentation, exaggeration, and
political statements made around here--especially in the ``talking
head'' area of the media. They say, basically, there is a $700 billion
bailout, we are going to take $700 billion of taxpayers' money and
throw it at financial institutions across this country and get the fat
cats off the hook, so to speak. We need to go back and talk about what
happens to the taxpayers in all four of these events.
I will represent upfront I do not know exactly what is going to
happen. Nobody else does. But I also represent upfront that the cost to
the taxpayer will be dramatically less than any of these numbers which
are being thrown out there in a most irresponsible and inappropriate
way. When somebody says $700 billion to $1 trillion this is going to
cost taxpayers, they are being dishonest when they make that statement.
It is never going to cost that type of money, never even be close to
that type of money. In fact, the taxpayers are going to come out of
this making money because we will replace other investors, and when
those investors pay off, they will make a little money.
Let's go through all four of these items as to how much it is going
to cost the taxpayers. Bear Stearns, $29 billion. That is what the
Federal Reserve put into Bear Stearns. That is the Federal Reserve,
remember. This is not off the Federal budget. It is not from the
Federal taxpayer. The Federal Reserve is an operating corporation. It
has about $895 billion of assets. Every year it makes $25 billion to
$30 billion, which it pays to the Federal Government as income.
Chairman Bernanke has decided to take $29 billion and invest it in
various bonds that were issued by Bear Stearns, to give those bonds
stability. It is very likely the Federal Reserve will get all that
money back, or a large percentage of it back. It is totally unlikely
the Federal taxpayers will end up with any type of bill from this
exercise. That is probably a zero cost to Federal taxpayers. The only
thing that could possibly happen that would affect Federal taxpayers is
the Federal Reserve might make less money this year and, thus, pay less
into the Government as part of its contribution, when it makes a
profit, to our revenues. But even if that occurs, in the outyears, it
is likely that amount of money will be higher because they will be
getting that money or a large percentage of it back. So that doesn't
cost us anyway.
So when someone in the press--not the press, I don't want to pick on
the press--when someone says it is a $29 billion taxpayer bailout with
taxpayer dollars, it is not. That is plain wrong.
The second event I wish to talk about because it is similar--it is
not in sequence, but it is significant--is the AIG, $85 billion. In
this instance, once again it is the Federal Reserve investment. It is
not taxpayers' dollars being invested. The Federal Reserve has taken
$85 billion and essentially bought AIG. In buying AIG, they got the
parts as well as the holding company. The holding company is where the
problems were. The parts, the subsidiary insurance companies--of which
I think there were about 150 or 160--were actually quite economically
strong and viable. In buying that company, not only did they wipe out
the stockholders, not only did they kick out the management, not only
did they eliminate the golden parachutes, but they took back securities
which guaranteed an 11.5-percent payment to the Fed before anybody
else. So as AIG starts to make money again--which it certainly will
because it and its subsidiaries are a very viable company--the Fed is
going to make 11.5 percent at a minimum. I don't think there is anybody
who has looked at this exercise who has not concluded that this is
going to be a financial benefit to the Fed. The Fed is actually going
to make money off that in the sense that over the long run--when I say
``long run,'' I am talking about less than 5 years--over 5 years they
will have a return on that purchase of AIG which will exceed the $85
billion they put up.
So when somebody says that was a bailout with taxpayers' dollars,
once again they are totally inaccurate and they are misrepresenting and
trying to scare people by saying that.
Now we come to the two big items. Big items? The other ones are
pretty big; $85 billion would take care of the State of New Hampshire
for I don't know how long--probably 20 or 25 years or so.
Now we come to the two very large exercises; first, Fannie Mae and
Freddie Mac. In those instances, the Congress, in a bipartisan,
extraordinarily constructive way, joined with Secretary Paulson and
said to Secretary Paulson: We are going to give you $100 billion of
authority for each company, $200 billion total, that you can use to
stabilize those two institutions. Why so much money? Because we had to
make it clear to the people who were dealing with Fannie Mae and
Freddie Mac that the Government would be there to stabilize them.
By stabilizing them, it would cost us a lot less. If we allowed them
to unravel, if we allowed them to basically go into a destabilized
situation, then the contraction to the economy would have been so
overwhelming because mortgages would essentially have been called all
over this country and mortgages would not be able to be obtained
[[Page 20725]]
by virtually anybody. We would have seen a massive contraction on top
of the already serious situation we have in the real estate industry
and that would have had a huge impact, not only on Main Street and on
John and Mary Jones, who want to buy their house or stay in their
house, but on the Federal Government in the way of revenues because
taxes would have fallen off precipitously. By stabilizing those two
companies, we were able to keep the ordinary business of lending for
mortgages in this country going forward and moving in a constructive
way. We had to put enough money on the table or represent that we were
willing to put enough money on the table so nobody could question that
we were not going to be able to stabilize those two institutions and
that is why the numbers were picked.
How much has actually been spent of taxpayer dollars? Five billion
dollars, that is what the Treasury has had to put in so far. As a
result of this putting in that $5 billion, we are seeing mortgage rates
actually come down because we are actually getting a Fannie Mae and
Freddie Mac that are able to function again. So that is all good news.
I don't know how much more will have to go in, but it certainly will
not have to be $200 billion or anything near that number.
Furthermore, once again, with that $5 billion, we are buying assets
that have value. How much value is still up in the air. But we will get
some sort of return on that $5 billion. Thus, under the scoring rules
that we work under in our budget, because this is a credit action, this
is not going to score as a $5 billion hit on the Federal deficit, even
though $5 billion has been spent because CBO is going to say some
percentage of that $5 billion is going to come back to us as these
assets mature and as people make payments on those assets and, thus,
maybe it will only be $1 billion; maybe we will get $4 billion back. So
the effect on the Federal deficit will be $1 billion. I don't know how
CBO is going to score it, but they are going to score $5 billion as
dramatically less than $5 billion as a hit on the deficit.
At the same time, we have been able to stabilize, to some degree, the
Fannie Mae and Freddie Mac situation because we took aggressive and
bold action, which brings us to where we are now.
This whole issue of whether we need to move forward with a major
effort of stabilization and recovery for the financial industry,
generally, by having the Federal Government come in and basically buy
up a lot of securities which today cannot be traded on the market
because nobody can value them. That is what I was talking about
earlier. You cannot value these securities because nobody understands
what the underlying equity that supports these securities is, the value
of that home; and nobody knows whether the people paying on that debt
originally are going to be able to make their payments as these
mortgages reset.
The Federal Government is going to come in. What Treasury Secretary
Paulson has asked is for the Federal Government to have the authority
to come in and start buying up these securities in classes, in groups,
across the board. The question becomes, will he have to spend $700
billion to stabilize the financial markets? And how much will that cost
the American taxpayer?
First off, the easy answer to it is it is not going to cost anywhere
near $700 billion, even if he uses the whole $700 billion, which he
probably will not do. But even if he were to use the entire $700
billion authority, he would be out buying assets.
He would be out buying notes that have security behind them and,
therefore, we will be paid, to some degree, as to their value and
depending upon what he buys these notes at. Let's say he is not going
to buy them at face value. Let's say someone borrowed $100,000 secured
by a house, and nobody knows what the house's value is now, and the
person who borrowed the money cannot repay that because the cost of the
note, the reset interest rate is too high. That note is not going to
sell for $100,000, it is going to sell for something less, maybe
$70,000 maybe $60,000.
It is not clear what the Treasury is going to buy that for right now.
I want to get into that in a second, but whatever they buy it for, they
will be getting an asset. And the question will be, is the price they
paid for that asset above or below what they can, in the end, get for
that asset?
Now, the big advantage the Federal Government has is we do not have
to do what is known as mark to market. We do not have to write down
these assets the way a bank does or a financial house does as they
become destable, as the assets become destable. We are the Federal
Government. We can hold that asset until it is paid off at face value,
for example.
So not only do we get the 70 cents back, but we get 100 cents back on
the dollar, so we can actually put ourselves in a position where if we
pay a reasonable price for an asset we may make money on the asset. We
do not know that that will happen, because the purpose here is not to
make money, the purpose is to stabilize the financial markets and give
them the ability to start freeing up, trading and freeing up activities
so that the credit markets start to move back and forth once again.
But if we are successful, and we will be if this plan is approved,
then the credit markets will start to move once again, and that will
raise the economy. And as the economy improves, then these mortgages
that we will have bought, these mortgage-backed securities, and their
other things such as loans, will start to improve in their performance,
and the chances of us getting a good portion or all of the money back
that we put into this effort will be pretty high.
What is the effect of that? That means that instead of costing $700
billion, we may get $600 billion back, we may get $500 billion back, we
may get $800 billion back. Whatever we get back, that is going to be a
net figure. So when CBO scores this activity, they are not going to say
the deficit is going to increase by $700 billion as a result of us
passing this proposal, they are going to say it is going to increase by
the net difference between the $700 billion and what they estimate we
will get back from the assets that we purchase.
I suspect that estimate is going to be--I do not know what it is
going to be, but it is certainly not going to be anywhere near $700
billion, $100 billion. It is going to be a shot in the dark because
nobody knows. But we do know we are going to get some value for this
investment. In fact, if things were to work out, we might get as much
value back as we put in, maybe even more. That is not the expectation,
that is not the purpose.
But clearly when somebody gets on the public airwaves and says: We
are putting $700 billion of taxpayers' money into this and we are not
getting anything back, we are throwing it at these big companies, they
are big demagogues, they are big, dishonest, they are heightening the
problem rather than addressing the problem. They are certainly not
factually accurate as to what is going to happen here. The deficit will
not be aggravated by anything near that number.
Now, will the Federal debt go up? Yes. But then it comes back down as
we get the money back. So that also is not a legitimate argument. If
you have got a legitimate complaint, it is this as a conservative: When
we make this investment and we start to get this money back, which we
will, over the next 5 years, so that money is flowing into the Treasury
at a pretty big rate, $500 billion, $600 billion, $700 billion, we
better make darn sure that money goes to reduce the debt of the Nation
and does not get spent around here on various products, which is what
we tend to do with money when we see it arriving at our doorstep. That
is what I am concerned about.
I am hopeful that whatever the final agreement is, it will have
language in it that says as we start to get this debt repaid, the
Federal Government starts to receive monies as a result of the
investment we have made, those monies will go directly to reduce the
debt of the Federal Government, and the debt we are passing on to our
children.
But what is the practical effect of doing this, of putting this type
of commitment up, this type of commitment
[[Page 20726]]
to stabilization? The practical effect is that we stabilize, hopefully,
the financial markets. What is the effect of not doing this? What is
the effect of not doing this? We are playing with fire. We are rolling
the dice. We are confronting potentially one of the most significant
economic events in the history of this country, and it is not a good
event if we do not take action.
There are a lot of very thoughtful people around here who know that.
Last week we almost saw that event occur when there was $335 billion of
money market funds pulled out of the market and we basically saw the
banks unable to continue to operate in an orderly way because of that
until the Fed and the Treasury came in to basically stabilize the
situation.
We do not want to take that gamble as a nation. The cost of not
taking that gamble is not that high. It is not $1 trillion, it is not
$700 billion, as I have run through the scenario. It is virtually no
dollars in the Bear Stearns-AIG event; it is a marginal number of
dollars potentially in the Freddie Mac and Fannie Mae event; and in the
big event, the $700 billion, we do not know what it will be, but we
know it is dramatically less than $700 billion because we know we are
going to recover a large amount of those assets, and the net cost of
that activity will be well below $700 billion, assuming there is even a
net cost over a 5-year or 10-year period as we work out these loans.
But the cost to us if we do not do this? Potentially staggering to
everybody in America. This is not about Wall Street; this is about Main
Street. This is about people keeping their jobs; small mom-and-pop
businesses being able to borrow money to operate; people being able to
send their kids to college; an economy being able to be a growth
economy rather than a contracting economy.
That will affect everyone, everyone in America. So I think it is time
to put an end to the theater and to the politicization and to the
hyperbole.
I congratulate a lot of folks on the other side of the aisle. I
congratulate the Senator in the chair, from Pennsylvania. He has been
responsible. I have heard Senator Schumer, who is a leader in this
area, make some extraordinarily constructive ideas. Senator Dodd is
trying to be constructive.
I think there is a willingness in this body to act at least in a
bipartisan, constructive way. That is what we need is some mature
action around here. That is our responsibility as a government. We have
a crisis upon us. There are ways to avoid it. We have a responsibility
to pursue a course of action which gives us the best chance of avoiding
that for the American people.
I yield the floor and I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. ALEXANDER. I ask unanimous consent that the order for the quorum
call be rescinded.
The PRESIDING OFFICER (Mr. Menendez). Without objection, it is so
ordered.
____________________
FAREWELL TO RETIRING SENATORS
Mr. ALEXANDER. Mr. President, Senator Pete Domenici, who is retiring
from the Senate this year after serving since 1972, once said to me
that we don't say goodbye in the Senate very well. As a matter of fact,
we don't say hello very well either. We have a little orientation
program, but we abruptly arrive and leave. We leave in the midst of a
lot of turmoil and discussion with very little time to say goodbye. Yet
in between that arrival and leaving, we have very intense personal
relationships. We virtually live with each other. We see each other
often for breakfast, lunch, and dinner. We see each other more than we
see our families. So when there is a time for saying goodbye, we look
for ways to say it a little better.
There are five Members of our body, all of them Republicans, who have
announced their retirement for this year. While I won't be speaking at
length about them here today, I want to recognize their service. I will
do it in the traditional way in the Senate, which is to start with
seniority. By ``seniority,'' I mean from the time I have known them.
I first met John Warner 40 years ago, in 1968. I was a young lawyer,
and he was head of United Citizens for Nixon. I went to work for him in
Washington, DC, at the Willard Hotel. He had been an advance man for
President Nixon in 1960. He had been a businessman who was a striking
figure, as he still is. I remember one of my assignments was to recruit
a Mississippi chairman, and I found an outstanding young man named Thad
Cochran who became chairman of Citizens for Nixon in Mississippi. Then
we went to Indianapolis for the national meeting of our organization,
and the mayor of Indianapolis was Richard Lugar. John Warner was 17
years old and enlisted in the Navy in World War II. He served as a
marine officer in Korea. He was appointed by President Nixon as Under
Secretary of the Navy in 1969 and became Secretary. He has served in
this Senate since 1978 with distinction. He has added civility, a sense
of institution, and perhaps his greatest continuing contribution has
been his expertise and independence and leadership on matters of
military affairs which he has discharged in a bipartisan way with
Senator Levin for many years.
Senator Domenici from New Mexico has been here since 1972. That is a
long time. He arrived as a young man. He had been a chairman of the
Albuquerque City Commission, a math teacher, a baseball player. It was
unusual for a Republican to be elected to the Senate from New Mexico.
He has served with distinction all that time. He was the first
Republican chairman of the Budget Committee. He has been a leader in a
renaissance of nuclear energy in this country which is so important
because of its low cost and because it is clean. A great many people,
including myself, are concerned about global warming. Well, 70 percent
of our carbon-free electricity in the United States comes from nuclear
energy. Senator Domenici, more than almost anyone, has been behind the
revival of interest in nuclear energy. He has truly been one of the
most consequential Senators of the last half century.
Chuck Hagel of Nebraska is like the rest of us Senators. We are all
accidents. None of us could have guessed we would be here. It is hard
to plan your way into the Senate because we come from all different
directions.
Senator Hagel, who is Nebraska's senior Senator, is retiring after
only two terms in the Senate, but he has had a full life so far,
starting a business or helping to start one that became a public
company. While we have a great many patriots in the Senate, men who are
honored for their service in the military--such as Congressional Medal
of Honor winner, Senator Inouye; Senator Stevens, who flew the first
plane to land in Beijing after World War II ended; Senator McCain,
whose story is well known, while he never discusses it--Senator Hagel's
heroism and service serving side by side with his brother in Vietnam is
one of the most fascinating, heroic stories of any Member of the
Senate.
With that sort of independent background, you can imagine he brought
to this body a sense of independence, a great knowledge of the world.
Along with Senator Lugar on this side of the aisle, he understands the
world better than almost anyone, and he works hard at it. He has been
independent in his views, willing to criticize those he thought were
wrong, including those in his own party. He has written recently an
excellent book about the future of our party. We will miss Senator
Hagel.
Senator Larry Craig has been in the Congress for a number of years.
He served three terms in the Senate. I believe Senator Craig's great
contribution is in the area of energy. He and Senator Domenici have
been a team in advocating for nuclear power. They have been leaders in
the Senate in understanding energy and its details, particularly over
the last few years as issues of energy and the environment have become
the most fascinating and important issues we have to deal with in many
respects. Senator Craig has made a great contribution.
[[Page 20727]]
I especially appreciate his courtesies. When I was just elected to
the Senate, I had worked here before as a staff member many years ago,
but I didn't understand what it was like to be a Member. Senator Craig
took a long hour with me on the telephone just explaining to me about
committee assignments. I have always been grateful for that.
Finally, there is Senator Wayne Allard. We have two veterinarians in
the Senate. When Wayne Allard goes back to Colorado, we will have one.
Senator Allard told the people of Colorado if he was elected that he
would serve two terms. He has, and he is keeping his pledge. He has
been a strong and vigorous advocate of military preparedness. He is a
member of the Armed Services Committee. He has been a member of the
Appropriations Committee.
One of Senator Allard's great contributions in the last couple of
years was to take a job that many others probably wouldn't have wanted
and plow into it. When the Capitol Visitor Center, which is almost
open, was being worked on and running over budget and had some
problems, Senator Allard, through his chairmanship of the Legislative
Branch Appropriations Subcommittee, was able to jump into that and
provide a great service.
I say to all five of those Senators, we will miss them. We are
grateful for their service. I know people must look at the Senate in
many different ways.
Let me conclude by telling a story about how some teachers look at
it. We have a tradition in the Senate of making a maiden address. It is
kind of a funny name, but we still call it that. We pick the subject of
most interest to us. My subject was to put the teaching of U.S. history
and civics back in its proper place in the school curriculum so our
children would grow up learning what it means to be an American. There
is not too much the Federal Government can do about that, but what we
were able to do is to begin summer academies for outstanding teachers
and students of American history. One group of those teachers was here
in July, one from each State. I brought them on the Senate floor early
one morning. I took them to Daniel Webster's desk, which is occupied by
the senior Senator from New Hampshire right here by me. I took them
back to that part of the Senate where Jefferson Davis's desk is,
occupied by the senior Senator from Mississippi, and told them the
story of how the marks in the desk are because a Union soldier came in
during the Civil War and started chopping on it with his sword. His
commanding officer came in and said: Stop that. We are here to protect
the Union, not to destroy it.
This Chamber is full of history, full of our country. Anyone who
stands on this floor and sees the engravings of ``In God We Trust'' or
``E Pluribus Unum'' and gets a sense of what has happened here has
respect for it. The teachers had that respect. When we got to the end
of our visit, one teacher said to me, I think it was the teacher from
Oregon: Senator, what would you like for us to take home to our
students about our visit to the Senate floor?
I said: I hope you will take back that each of us takes our position
a lot more seriously than we take ourselves. We understand we are
accidents, that we are very fortunate and privileged to be here, that
each of us reveres our country, and we respect this institution. I can
only speak for myself, but I think it is true of Senators on both sides
of the aisle that we get up every day thinking first of how we can make
a little contribution before we go to bed at night that will help the
country be a little better off than it was in the morning. That means
serving in the Senate is a very great privilege. I hope you will take
that back to your students. I don't know what they see on television or
read in the newspaper about the Senate, but that is how we feel about
the privilege we have to serve here.
To these five Senators--Warner, Domenici, Craig, Hagel, and Allard--
we say goodbye. They are members of our family. We appreciate their
service. We know they have believed it has been a very great privilege
to serve in the Senate. For us it has been a great privilege to serve
with them.
I yield the floor.
The PRESIDING OFFICER. The Senator from Nevada.
____________________
THE ECONOMY
Mr. REID. Mr. President, as I have said on many different occasions,
one of the heroes in my family as I was growing up was Franklin
Roosevelt. That is an understatement. One of the things I admired most
about President Roosevelt was how he lifted our country out of the
Great Depression and did so by speaking directly to the American people
on the radio, telling the American people the truth. All he told us was
not good news, explaining plainly what needed to be done.
Another President that we all admire, Democrats and Republicans, was
Harry Truman. We all know that President Truman had on his desk a
wooden sign that said, ``The buck stops here.'' It did, and it does.
Today we face what economists call the greatest economic danger since
the Great Depression. We have come to this point after 8 years of
President Bush waging a war on fiscal responsibility. His Republican
philosophy of removing all accountability from big business and
expecting no responsibility from them in return has created this crisis
that now threatens to devastate America's working families. President
Bush put cronies and ideologues in charge of all critical regulatory
agencies, including the Justice Department, who ensured that special
interests would always come before the common good.
In one example of particular irresponsibility, the Bush
administration refused to exercise its regulatory authority over the
mortgage industry. The President's neglect allowed massive fraud and
widespread predatory lending to pave the way for the largest mortgage
crisis in our entire history, a crisis he continued to ignore long
after the consequences of the plundering and pillaging of the mortgage
market became clear.
Here in the Senate, we never got the support of President Bush when
we were trying to do something with housing reform. In fact, just the
opposite; he was threatening a veto. We had to break seven Republican
filibusters on that legislation.
History will show that while all this was going on in the White
House, for the last 20 months we Democrats were trying to restore
fiscal sanity. Here are some examples over the years.
We have only been in control of the Senate for the last 20 months.
Prior to that, in 2000, Senator Paul Sarbanes of Maryland, chairman of
the Banking Committee, introduced the Predatory Lending Consumer
Protection Act to restrict abusive predatory lending. The same year,
Senator Schumer introduced the Predatory Lending Consumer Protection
Act. In 2002, Senator Sarbanes reintroduced his bill. In 2004, Senator
Sarbanes and the current chairman of the Banking Committee, Senator
Dodd, called on the Federal Reserve to take action on alternative
mortgages. Senator Dodd called them a nightmare for low-income
Americans. In 2005, the House of Representatives passed bipartisan
legislation to reform the regulation of government-sponsored
enterprises, Fannie Mae and Freddie Mac. It passed the House 331 to 90.
The Democratic minority in the Senate tried to pass it. We were
blocked by the White House and Senate Republicans. When Representative
Oxley, one-time chairman of the Banking Committee and a devout
Republican, brought this legislation to the White House, the President,
in the words of Mike Oxley, gave him ``the cold shoulder and the one-
finger salute'' and rejected the bipartisan plan.
In February of 2008, Senate Democrats introduced the Foreclosure
Prevention Act, which was blocked by Senate Republicans after a veto
threat from the White House.
In June 2008, the White House threatened to veto the Federal Housing
Finance Regulatory Reform Act, which would have improved oversight of
Fannie and Freddie. The reason for the veto threat? They did not want
to help
[[Page 20728]]
communities struggling with foreclosures. If the President had signed
this bill in June, we would have saved billions we must now spend to
bail out Fannie and Freddie.
In every one of these instances, Democrats saw the storm clouds
gathering and attempted to pass legislation that could have steered our
course away from the crisis we now face. But every time, the White
House and congressional Republicans chose to continue along their own
irresponsible path, which brings us to where we are now.
After ignoring Democrats in Congress and good fiscal sense for 8
years, President Bush has sent Secretary Paulson and Chairman Bernanke
to Congress to pitch his $700 billion bailout. As I have said before,
Secretary Paulson and Chairman Bernanke are good men. I believe they
both have the best interests of our country at heart. I certainly hope
so. But the testimony of yesterday's Banking Committee hearing made it
clear that Secretary Paulson and Chairman Bernanke have not yet
successfully made the case for the Bush plan. Democrats and Republicans
raised serious questions about the plan, and I do not believe anyone--
Democrat or Republican--felt those questions were sufficiently
answered.
At 2 o'clock today, in the House of Representatives, their Banking
Committee is going to listen to the Chairman and the Secretary.
As our country prepares to face the consequences of George Bush's
fiscal dereliction of duty, Congress is prepared to act as quickly as
we responsibly can. But the Congress, and especially the American
people, have a right to know this: Where is President Bush? President
Bush has sent Congress an unprecedented $700 billion bailout proposal--
$700 billion straight from the pockets of every single man, woman, and
child in America. Yet President Bush has been absent from what may well
be the most important debate on economic policy in a generation.
Isn't it interesting. You look at our experience, the Presiding
Officer's and my experience. When there was an issue of such paramount
importance, we were always called to the White House. Not this time.
The President has not been available. It has not been his issue.
Well, it is his issue. We have a right to know--Congress and the
American people--where is President Bush? He sent Congress this
unprecedented $700 billion bailout proposal. This money, as I have
said, is straight from the pockets of each one of us, and even our
children and our children's children. Yet President Bush has been
absent from what may well be the most important debate on economic
policy in the history of our country.
I was listening to the radio this morning and Allan Sloan, who is an
economic writer, said this issue is as big as he has ever seen or heard
about. Well, I do not know if he is right, but I think the President
should be available. He has given two brief statements to the press and
a press release admonishing the Congress to accept his bailout plan
immediately. Other than that, President Bush has been silent.
We must not forget, President Bush is still President of the United
States. It is time for him to focus on the issues and tell the American
people where he is. It is time for him to explain why 8 years of
deregulation policies have bought us to this dangerous ground. It is
time for him to explain why this administration sat on its hands for
months and only now has come to realize the need for immediate and
unprecedented Government action.
Where was he when it was called for during his first 7\1/2\ years? It
is time for him to explain how he could tell our country for months
that our economy was fine, the fundamentals were fine, yet overnight
declare that if American taxpayers do not accept his bailout proposal,
our country will face economic disaster.
And, most importantly, it is time for him to explain how his plan,
drafted literally under the cover of darkness, will help America
weather this storm. This is not the Paulson plan. This is not the
Bernanke plan. This is not the Congress's plan. This is the Bush plan.
It is time for him to take ownership and demonstrate leadership. He is
our President, and it is time for him to realize that the buck stops
with him, as President Truman said.
If President Bush is serious about passing legislation quickly, he
should address our country and make his case. Then he should seek to
work with Members of both parties to reach a reasonable solution that
American workers, families, small and large businesses all desperately
need.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. REID. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
ORDER FOR RECESS SUBJECT TO THE CALL OF THE CHAIR
Mr. REID. Mr. President, we have had a Senator object to a very
important hearing taking place this afternoon. Therefore, we are going
to have to recess at probably about 2:30 subject to the call of the
Chair.
It is my understanding that the distinguished Republican leader is
going to come to speak in an hour, hour and a half, but perhaps around
2:15. I ask unanimous consent that the Senate stand in a period of
recess following the remarks of the Republican leader subject to the
call of the Chair.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Mr. REID. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. DORGAN. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. DORGAN. Mr. President, is the Senate in morning business?
The PRESIDING OFFICER. That is correct.
Mr. DORGAN. I ask unanimous consent to speak for up to 30 minutes.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
THE ECONOMY
Mr. DORGAN. Mr. President, I have often described on the floor the
lyrics of Bob Will's and the Texas Playboys' song from the 1930s:
The little bee sucks the blossom and the big bee gets the
honey; the little guy picks the cotton and the big guy gets
the money.
Never is that more true than what we see today with the prospect of
unbelievable financial bailouts and the mechanics of what is happening
on Wall Street and the wreckage of the financial system. I wish to show
my colleagues this about the bailouts by the administration. Everybody
is talking about a $700 billion proposed bailout by the Federal Reserve
and Treasury Secretary Paulson. In fact, the Federal Reserve previously
committed $29 billion so J.P. Morgan could buy Bear Stearns, the
investment bank that was failing. In addition, the Fed opened its
discount window for direct loans to non-regulated banks for the first
time since the Great Depression. We understand that this program and
two other Fed loan programs total some $300 billion. There is another
$300 billion for the Federal Housing Administration, and about $200
billion for Fannie and Freddie; JPMorgan Chase for Lehman financing,
$87 billion; AIG insurance, $85 billion; $50 billion for money market
funds that was offered as a guarantee; and now the prospect of $700
billion is pending. That isn't just $700 billion; that totals $1.7
trillion. Even if the Congress decides not to provide the $700 billion
bailout that is being requested, there already exists $1 trillion that
have been offered to try to stabilize the financial system.
Now, the question is, How did we get into this mess? What caused this
wreckage? What do we think we should do about it? I wish to talk for a
bit about what caused this. I take no pride
[[Page 20729]]
in being right 9 years ago as one of eight Senators who voted against
the Financial Modernization Act. That act was a bunch of folks who sold
to the Congress the proposition that what we put in place for
protection in the 1930s, during the Great Depression, to separate
banking from more speculative enterprises, such as real estate and
securities--the decision was that that is old-fashioned, don't keep
doing that; let's allow these companies to merge, to create massive
financial holding companies--a kind of financial cafeteria under one
roof. Let's bring them together, and you can build firewalls inside the
organization. So the Financial Modernization Act was passed.
I said on the floor of the Senate then that within 10 years I believe
we will see massive bailouts that will be paid for by the American
taxpayer. I regret that I was right. It should not have happened,
however. I wish to talk about what has happened as a result of taking
down the basic protections. Let me go back to the start of two things--
one I mentioned--the Financial Modernization Act, which took apart the
protections. Second, a group of people came to this town boasting that
they weren't interested in regulating. People were put into positions
where they were supposed to regulate and decided not to regulate. Those
two pieces together, taking apart the protections in law and putting in
place people who wanted to be willfully blind in deciding not to
regulate, steered us right toward the cliff. Here is what began to
happen across the country. Most Americans saw this because you could
not miss it. You wake in the morning and perhaps you brush your teeth
or you shave in front of a mirror and you might have a small television
set that you are watching, seeing what is going on, and the
advertisements come on--and they are always louder than the programs.
The advertisements say: Hey, if you have been bankrupt or if you have
bad credit, you can get a loan from us. Do you think you are paying too
much for your home loan? Are your house payments too high? Get a loan
from us.
This was the biggest mortgage bank in the country, Countrywide. They
advertised this:
Do you have less than perfect credit? Do you have late
mortgage payments? Have you been denied by other lenders?
Call us.
America's biggest mortgage bank was saying: Have you got bad credit?
Call us. Want a loan? Call us.
Millennia Mortgage said this in their advertisements:
Twelve months, no mortgage payments. That's right, we will
give you the money to make your first 12 payments if you call
in the next 7 days. We pay it for you. Our loan program may
reduce your current monthly payment by as much as 50 percent
and allow you no payments for the first 12 months. Call us
today.
So Millennia Mortgage was saying: Get a mortgage from us. We will pay
the first 12 months. They didn't say, of course, that that money you
are not paying is going to go on the back end of the loan, with
interest, and will substantially increase the cost of your loan.
Zoom Credit, in their advertisement, said this:
Credit approval is just seconds away. Get on the fast track
at Zoom Credit. At the speed of light, Zoom Credit will
preapprove you for a car loan, a home loan, or a credit card.
Even if your credit is in the tank, Zoom Credit is like money
in the bank.
Again, they say that even if your credit is in the tank, Zoom Credit
is like money in the bank.
Zoom credit specializes in credit repair and debt
consolidation, too. Bankruptcy, slow credit, no credit--who
cares?
That is what they advertise. I don't know who the president of Zoom
Credit was or who the president of Millennia was. I know who the
president of Countrywide was. I know he is out of that company. That
company is now collapsed and sold. He ended up with somewhere north of
$140 million in unbelievable outer-space compensation. I don't know who
these company presidents were, but I assume the brokers and CEOs of
these companies were wallowing in money. They were all wallowing in
money like hogs in a corn crib, grunting and snorting, making out like
bandits--billions of dollars. In fact, in the 9 years that have led up
to this period, the bonuses on Wall Street were $200 billion. I am not
talking about salaries. I am talking about bonuses. In 9 years, it was
$200 billion. It was $33 billion last year alone. So everybody is
making money. They are advertising to people: got bad credit, bankrupt,
slow pay, no pay? Doesn't matter. Come to us and get a mortgage.
So they were writing mortgages in the dim light of these rooms, with
brokers who are breathless to get their bonuses and mortgage banks
interested in putting the mortgages out there. They are advertising we
can give you teaser rates. Want to pay a 1 percent rate? We can do
that. Two percent? We can do that. Then they would create a mortgage at
a teaser rate, with a reset in 3 years maybe to 9 or 10 percent, which
is locked in with a prepayment penalty so you cannot prepay it. It is a
reset that the borrower cannot possibly pay. But they say: Don't worry
about that; the housing prices are going up, up, up, and all you have
to do is get this mortgage from us, and when it resets, it is true that
you will not be able to pay it, but you can flip the property in 2
years. That is not a problem. You will make money.
So they put these bad mortgages out there--bad mortgages all around--
and they would combine them with a few good mortgages and put them into
a security and splice and dice them and cut them up, like they used to
package sawdust in sausage years ago. Then they would sell them
upstream, from the mortgage bank to the hedge funds and investment
bank. They are all fat and happy because they all know the return
embedded in these securities is a very substantial return. The mortgage
holder is locked into it because they have prepayment penalties. None
of them were smart enough, even as they were collecting massive
incomes, to understand that the people who were going to have to make
the payments could not possibly make the mortgage payments once they
were reset.
So at some point, mortgages began to reset. It is estimated that 2
million American families will sometime over the next year come home
and sit around the supper table and discuss the fact that this is their
last night in their home because they are losing the home because they
cannot pay their mortgage. I am not talking about 2,000 or 20,000 or
200,000 families; I am talking about 2 million American families.
It has caused a precipitous drop in property values around the
country. It broke the bubble of the escalating price of housing and
then began to collapse it. It has had a profound impact on most
American families. The most significant form of equity for most
American families was their home equity. Similar to the tent pole being
pulled out of a big tent, it collapsed. We have people sitting back and
thumbing their suspenders, wondering how this could have happened. It
doesn't take a genius to figure it out. Where were the people who were
supposed to regulate in this town when they saw this practice of
advertising mortgage conditions that you knew the borrowers could not
meet? Where were the regulators? They were sitting by with grins on
their faces because they were engaged in other things; they weren't
regulating. So now we have this unbelievable financial wreckage.
We see major investment firms that have been around since the Civil
War going bankrupt. We see runs on some of the funds in the investment
banks. On Monday, we saw the most significant drop in the value of the
dollar in a single day, and the most significant increase in the price
of a barrel of oil in a single day, even as the stock market dropped
500-plus points on the same day.
So the question is: What do you do about this financial wreckage? How
do you put this back together? Even as the Treasury Secretary and the
Chairman of the Federal Reserve Board are now over before a committee
of the House today, describing their plan to put this back together. As
I indicated earlier, their plan is to provide $700 billion to take the
toxic mortgage-backed securities off the hands of those who invested in
them, which, by the way, then adds up to about $1.7 trillion having
been committed of American taxpayers' money--even as they are doing
[[Page 20730]]
that, nobody is talking about how you fix the underlying problem. You
can pour something in the top, but if you have not put a stopper in the
drain, you are going to pour it right out the bottom.
Let me describe what I discovered today. I went to the Internet
today. While the Treasury Secretary and Fed Chairman are over
testifying about how you deal with the financial wreckage, and how much
you ask the American taxpayer to pay for this malfeasance, I found
this. I was just curious how many places on the Internet I could still
find the same business practices of advertising to come and get a loan
if you have been bankrupt or if you have bad credit. Well, I found 325
cases on the Internet where they would provide you a home loan and
promise they would not check your credit. Again, they would not check
your credit. Isn't that interesting? Talk about bad business practices.
There are 325 companies advertising get a loan from us and we will not
check your credit. Most people don't believe it when I say these
mortgage companies, who put out these toxic mortgages, were advertising
``no doc'' loans. It doesn't have anything to do with doctors. That
means you can get a mortgage from them for your home without having to
document your income. You are going to ask them to provide the funding
for you to buy a home, and they say you don't have to document your
income to us in order to get that loan. That is so far afield and
ignorant, in my judgment, of what you would expect in terms of sound
business practices that it is even hard to describe.
Here is what is on the Internet this morning. Easy loan for you. It
says that you can get your loan, without collateral, in a couple days.
Even with bad credit, no credit or bankruptcy, your unsecured loan is
completely guaranteed. Think of that. We have people asking over in a
House committee today to have the American taxpayers provide $700
billion for a bailout. And on the same day, on the Internet, here is a
company that is advertising that they will give you a loan with no
collateral. It will take a couple days. Even if you have bad credit, no
credit, or bankruptcy, we will guaranteed your unsecured loan. Is
somebody going to fix this, I wonder.
Here is what I found on the Internet this morning.
SpeedyBadCreditLoans.com. Think of that. Isn't that unbelievable,
SpeedyBadCreditLoans.com. I guess there is a dot.com for almost
everything, including speedy bad credit. If you have bad credit, type
in your characteristics. I have bad credit. Can I get a mortgage? Can I
get a loan? Bad credit loans. Bad credit, no problem; no credit, no
problem; bankruptcy, no problem. Get a guaranteed bad credit personal
loan today.
I am wondering if those we are paying to be regulators in the Federal
agencies today who are supposed to deal with predatory lending,
deceptive practices, I wonder if they are still asleep at their desks
or are they going to the Internet to find out these kinds of business
practices exist on the Internet? Probably not.
I found this today as well. I could do this all day because it is all
over the Internet. ``Bad credit personal loans, a Christian faith-based
service. Fast results in just 60 seconds.'' There is a modicum of
responsibility here. It says you have to reside in the United States.
That is really helpful, I guess. Bad credit personal loans. If you have
bad credit and some Christian faith, if you live in the United States,
we have some money for you.
This is an example of a cesspool of greed, and we can't possibly
begin addressing these issues, the underlying problems on Wall Street,
the financial wreckage that has been caused, without addressing this
situation. You are going to decide to bail out whatever, you are going
to put up $1.7 trillion and try to stabilize things when you have this
sort of thing going on in the country? This is almost unbelievable.
On Monday, there was an analysis of what happened in the marketplace.
Why was there a precipitous, larger than ever, 1-day drop in the value
of the dollar? Why was there the largest 1-day runup in the price of
oil, accompanied by a 300-plus point drop in the market? Most of the
analysis was people were concerned about the value of the dollar,
throwing massive amounts of credit, the substantial amount of money
that is being provided to bail out firms to provide undergirding loans
for firms. All of this is added to the Federal debt, by the way, which
itself is about $700 billion in trade debt in this year, about $700
billion in fiscal policy debt in this year. That's almost 10 percent of
this country's GDP in 1 year. Analysts take a look at that and say: On
top of that unbelievable debt and fiscal policy, you have run off the
rails in fiscal policy, you are off the rails in trade policy with
unbelievable debt, we will now ante up a substantial amount of money
for Federal bailouts, and analysts say: I worry about what that will do
to the value of the dollar.
The electronic herd that bets on currency, the currency traders, when
they go against a currency, they can destroy an economy and devalue the
dollar, meaning people pull their investments and put it in gold and
put it in commodities. That is what dramatically can destroy an
economy.
It may well be true that might be worse. The destruction of the
economy might be worse by dramatically eroding the value of the dollar
and having the currency traders run against this dollar than not doing
the $700 billion that Secretary Paulson and Mr. Bernanke suggest.
I think it is the case that this Congress has a responsibility to do
something. Doing nothing is not something that makes sense. We cannot
decide: You know what, whatever is happening is happening; we are
oblivious to it; we will decide to take the same tack regulators have
taken in the last 7 years and sit around and observe and from time to
time grin or just decide that we will be completely ambivalent about
what is happening. We cannot do that. We have to take some action.
So the question is, What? First and most important for me is we have
to restore the stability and the safety of the banking system. I think
that means we should recreate the protections that existed after the
Great Depression. It may not be that we recreate explicitly what Glass-
Steagall provided, but the protections that it provided must exist
going forward. Otherwise, we will not have done anything by bailing out
anybody. We will still have the same circumstances existing in our
economy, with people advertising on the Internet that we would like to
put bad paper out, thereby giving mortgages to people with bad credit,
bankruptcy, or other slow-pay problems in their credit history.
It makes no sense to me to ignore what happens when you merge or
combine the functions of banking with the functions of investment in
real estate and securities. Banking requires not just the reality of
safety and soundness but the very perception of safety and soundness.
If people perceive a bank is not safe and sound, they will run on the
bank and the bank will fail, inevitably, regardless of how much capital
it has. It will not have enough capital to withstand a run on the bank.
That is why just the perception of the safety and soundness of banking
enterprises is imperative. We went far afield in deciding that we will
allow the fusing of inherently risky enterprises, investments and
securities and real estate, to banking.
I know that some point to as a success allowing, for example, Bank of
America to come in and purchase one of the failing investment banks. I
don't view that as a success. At the moment, it was able to forestall a
failure. But now we have attached a large banking enterprise, whose
perception of safety and soundness is critically important, to an
investment bank that was failing. I don't see that as success. I think
it is moving in exactly the wrong direction.
I want us to find a menu of ways to provide confidence to the
American people that we are moving in the right direction. That
requires a lot of things. No. 1, straighten out this wildly escalating
trade deficit. We cannot have a $60 billion-a-month trade deficit. That
is what destroys your currency value. We have to get real on fiscal
policy. We cannot continue to spend what we
[[Page 20731]]
don't have on things we don't need. We have to find a way to create a
fiscal policy that has some stability and balance to it. We have to
address these business practices with effective regulation. We have to
recreate the protections that existed for the banking system.
We have to address the wildly excessive and speculative incomes and
salaries on Wall Street which I think incentivized reckless behavior.
As I indicated, in the last 3 years on Wall Street, just the bonuses--I
am not talking about salaries--just the bonuses were $100 billion. Many
of them went to the very people who steered us into this corral. In the
old western movies, they used to call this a box canyon: there is only
one way in and one way out. The same people who got us there made a
massive amount of money putting us where we now are.
As I said, we need a system of regulation that gives us some
accountability that laws are going to be followed, that we are going to
regulate the deceptive practices, predator lending, and so on.
Then I think, as well, we need to have some period of forbearance on
mortgages where people who can continue to make payments even under the
original interest rate can make those payments for a period of time and
continue to stay in those homes. That is the only way we will begin to
put some strength under the value of homes. Otherwise, we will continue
to see a collapsing of home values. As I said, 2 million families will
lose their homes this year unless we find a way to take some action.
Finally, we should create a taxpayer protection task force. No matter
what else we do, we need to investigate and claw back ill-gotten gains
in which people have gotten away with billions of dollars by shady
business practices.
Whatever this Congress decides to do or must do, the American
taxpayer ought to have a share in the increased values of the
investments that are made in their name.
There is one point that unites everybody in this Chamber, perhaps in
this Congress, perhaps in the entire country. I don't think anybody
knows what the right answer is. We certainly can take a look at this
situation and understand now what caused much of this, but I don't know
that anybody has a magic bullet that says you do this and we
immediately provide stability, we move this country toward higher
ground, we have stopped some of the volatility. I don't know that
anybody knows that. But I think the American taxpayers are plenty
worried about what I think is a stampede in the wrong direction.
On Friday, we were told by the same people who have reassured us in
recent months that things are OK, things are stable, don't worry. We
were then told by the very same people that in the next several days,
the American taxpayers need to ante up a $700 billion bailout plan,
following a substantial amount of money that has already been provided
by the American taxpayers to bail out and to provide support for
investment banks that were failing. And we are told: Here is a 3- page
piece of legislation, one provision of which is that one person will
decide where the $700 billion goes, and that person's decision will not
be reviewable by the courts or by the Congress. In my judgment, that is
a nonstarter. Congress is not going to do that, should not do that.
The question is, What do we do in the coming couple of days to
provide some assurance and stability? I think it makes some sense to go
back to the fundamentals, and the fundamentals are, you start fixing
that which caused this problem. You connect the protections that used
to exist. If you start fixing, at the foundation, some of the issues
that caused this problem, you will begin to engineer some confidence in
this country.
Finally, I used to teach some economics briefly in college. I talked
a lot about the supply-and-demand curves, and all of the things we know
are in the books that describe the way the economy works. But no one
really knows much about how the economy works. We all think we do.
Economics is a little bit of psychology pumped up with helium. It is a
lot of discussion about what we think might or might not happen.
The most important thing to understand about this economy is the
American economy expands when people are confident about the future. If
people think the future is going to be better for them and their
family--they have a job, feel good, feel secure--they do things that
manifest that security. They buy a home, buy a car, take a trip. They
do things that manifest people's confidence in the future, and that
creates economic expansion. If, on the other hand, people are not
confident about the future and concerned about the future, concerned
about their job, concerned about job security, then they do exactly the
opposite. They decide not to buy that car. They decide not to take that
trip. They defer the purchase they were going to make. And then we have
economic contraction.
This is not about an engine room of a ship of state with a lot of
levers and gears and dials and gauges that you can get just right to
make this economy work. This is a lot about consumer confidence, how do
you provide confidence in the future. That is how we begin to expand
this economy.
How can people have confidence in the future when they see these
unbelievable wild gyrations that are occurring on Wall Street? How can
they have confidence in the future when they know what the root of it
is? People have been advertising to them that if you are bankrupt, if
you have slow credit or no credit, come here, we will give you a loan.
How can that engender confidence? And how can people have confidence in
an economy where we have a President who says: You know what, we are
going to go fight a war and not pay for it; I insist we not pay a
penny; I insist that while we fight this war, we are going to charge
every single cent, and if you in Congress want to pay for it, I will
veto the bill that raises the funds. Is that going to give people
confidence? I don't think so.
People have a right to be concerned about an economy that is deep in
debt and getting deeper every day and a trade policy that ships our
jobs overseas and ends up with a $700 billion trade deficit every year
that will have to be repaid with a lower standard of living in our
country. People have a right to be concerned about that.
If you go back to the fundamentals and start putting some of this
back together--a fiscal policy that makes sense, a trade policy that
stands up for this country's economic interests, and firing the
regulators who won't regulate, and put in place new regulations and new
regulators who will do the job they are paid to do, and then restore
the laws that provided protection so we don't fuse risk with banking--
if you start doing those kinds of things and telling the American
people we are going to bring back some of those ill-gotten gains, and
we are going to stop these outer space incomes of hundreds of millions
of dollars a year. In fact, the highest income earner last year was
$3.6 billion. That is a $300-million-a-month paycheck. Does that seem a
little out of line to you? It does to me.
I have covered a lot of ground, and my sense is that we have work to
do to give the American people the comfort and the assurance that we
are dealing with the fundamentals that will put this country back on
better footing. We won't do that by deciding to write a check and
offering up a bunch of money. It won't happen. I mean, that is not what
is going to provide confidence to the American people. What will
provide confidence is effective leadership, leadership that says here
are the six or eight things that are wrong, we know they are wrong, we
have known for some while, and now we are going to make them right. If
we can we can work on those issues together, I think the American
people finally will decide there is some leadership that will give us
the opportunity for a better future.
Mr. President, I yield the floor, and I suggest the absence of a
quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. DORGAN. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
[[Page 20732]]
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
HEALTH CARE SAFETY NET ACT OF 2008
Mr. DORGAN. Mr. President, I ask unanimous consent that the HELP
Committee be discharged from further consideration of H.R. 1343, and
that the Senate proceed to its immediate consideration.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (H.R. 1343) to amend the Public Health Service Act
to provide additional authorizations of appropriations for
the health centers program under section 330 of such Act, and
for other purposes.
There being no objection, the Senate will proceed to consider the
bill.
Mr. ENZI. Mr. President, I am pleased to be before this body and
congratulate my colleagues on the work they have done to facilitate
passage of the Health Care Safety Net Act. I sincerely appreciate the
work of Senators Kennedy and Hatch on this important issue; their
leadership has led us to this point. I look forward to sending the bill
to the President and seeing it signed into law.
Community health centers are a critical piece of the health care
safety net and a vital piece of our health care system. The Community
Health Center program has a long history of helping people get the care
they need when illness or an emergency presents itself. Congress
enacted the health centers program in the 1960s. Since that time,
health centers have been regularly providing high quality health care
to people living in rural and underserved areas, regardless of their
ability to pay. The number of health centers continues to rise, and
more people are getting the kind of high quality health care they have
come to rely on every day.
A newly added provision in this bill requests the Comptroller General
conduct a study on the implications of expanding the Federal Tort
Claims Act to cover volunteer health care providers serving at
community health centers. I am very supportive of encouraging health
care providers to volunteer time serving underserved populations
especially at community health centers, and I am interested to see the
results of the study. I also have a separate piece of legislation, not
included in this bill, that takes a slightly different approach at
solving this problem. The Volunteer Health Care Program Act of 2008
provides grants to States that contract with providers who provide
charity care as an agent of the State and the State assumes the
liability risk. I hope Members will consider this approach next
Congress as we look to address the problems volunteers face.
This bill also reauthorizes the National Health Service Corps, the
Corps, program for 5 years. The Corps assists health professional
shortage areas in all parts of the United States to meet their primary
care, oral, and mental health services needs. The bill clarifies that
all federally qualified health centers and rural health clinics shall
be automatically designated as having a health professional shortage.
In my home State of Wyoming, we have a shortage of every type of
provider, so I am glad this committee is reauthorizing this important
program.
The bill also reauthorizes for 5 years the Rural Health Care Services
Outreach program, which increases access to primary health care
services for rural Americans. Most of Wyoming is not classified as
rural; most of Wyoming is classified as frontier because we have such a
geographically large state with so few residents. I am pleased these
programs were reauthorized.
Additionally, I appreciate all the help of my friend Senator Collins,
who championed the provisions reauthorizing the primary dental health
workforce programs. This program awards grants to States that develop
and implement innovative programs to address dental health workforce
shortages. Many States are doing great things with these funds, and I
plan to encourage my home State of Wyoming to apply for one of these
grants. Improving dental health is a critical part of keeping folks
healthy and preventing disease and I commend the work of my friend from
Maine.
A new section of the bill promotes greater coordination of primary
care providers during emergency situations. I am pleased to say Wyoming
is leaps and bounds ahead of the rest of the country with regard to
this provision. During Hurricane Katrina, other States sent volunteer
providers to Louisiana, but their medical liability protections did not
follow them. Wyoming enrolled providers in the Volunteer Medical
Reserve Corp Program, which allowed the Wyoming volunteers to have
medical liability protections that followed them to Louisiana. I
applaud the health care providers in Wyoming who did the right thing by
volunteering and the State efforts that ensured that their liability
protections followed them to Louisiana. I hope other States will follow
in Wyoming's footsteps and enroll volunteers in the Volunteer Medical
Reserve Cops.
I also appreciate the leadership of Senators Smith, Barrasso,
Roberts, Grassley and the other members who championed revising the
timeframe for recognition of certain designations in certifying rural
health clinics under the Medicare Program. Because the Medicare Program
falls under the jurisdiction of the Finance Committee, we worked
closely with the Finance Committee members and enlisted their support
and expertise in designing this provision. I am pleased we could
include this provision that will help rural health clinics continue to
provide quality care to their patients.
Finally, I would be remiss if I didn't mention this Community Health
Center bill is actually a part of step 9 of my 10-step plan to
transform health care in America. Passing this bill puts us one step
closer to fixing our health care system. I look forward to passing more
of the 10 steps next Congress.
Mr. HATCH. Mr. President, as the lead Republican sponsor of the
Health Care Safety Net Act with the chairman of the Senate Health,
Education, Labor and Pensions, HELP, Committee, Senator Kennedy, I am
so pleased that the Senate approved this legislation earlier today.
Members of the Senate HELP Committee, on both sides of the aisle,
worked hard to ensure its passage, and I want to thank, in particular,
Senator Ted Kennedy, Senator Mike Enzi, Senator Judd Gregg, Senator
Lamar Alexander, Senator Richard Burr, and Senator Coburn for their
commitment in getting this legislation through the Senate.
I also want to thank my House colleagues, especially, House Energy
and Commerce Committee chairman John Dingell and its ranking Republican
member Joe Barton for the leadership on this bill. Additionally, the
Health Subcommittee chairman Frank Pallone and its ranking member
Nathan Deal, along with Congresswoman Diana DeGette and Congressmen
Gene Green and Bart Stupak, were extremely helpful during our
negotiations on this bill. And while, at times, it was not easy, I
appreciate their willingness to work with the Senate on compromise
legislation that will improve the lives of millions of uninsured and
underinsured Americans.
This bill is expected to be considered by the House of
Representatives tomorrow, and once it has been approved by the House,
it will be sent to the President to be signed into law.
The health centers program was created over 40 years ago and has been
providing health care to those without health coverage and those who
are underinsured. These centers provide care to children, their
parents, and their grandparents and are an important part of our
country's health care safety net.
Community centers have made a tremendous difference for Utahns with
insufficient health coverage. In fact, Utah community health centers
provide care to close to 85,000 patients. They have not only filled in
health coverage gaps, but they have also done an excellent job
providing care to those with little or no coverage.
Utah health centers have made a tremendous difference in the lives of
many Utahns--66 percent of patients
[[Page 20733]]
come from Utah's urban areas and 27 percent are from the rural parts of
the State. Ninety-six percent of Utah's health center patients, incomes
are below 200 percent of the Federal poverty level. Utah health centers
have literally changed their lives--in rural areas, health centers are
often the only health care provider.
Our bill will reauthorize the health center program for 5 more years
and includes funding levels of $2,065,000,000 in fiscal year 2008;
$2,213,000,000 in fiscal year 2009; $2,602,000,000 in fiscal year 2010;
$2,940,000,000 in fiscal year 2011; and $3,337,000,000 in fiscal year
2012.
H.R. 1343 also contains other important provisions relating to
community health centers including a health care quality study
conducted by the Department of Health and Human Services, HHS, on
efforts to expand and accelerate quality improvement activities in
community health centers.
In addition, our bill requires the Government Accountibility Office,
GAO, to conduct three studies. The first study would review integrated
health systems as a model to expand access to primary and preventive
services for medically underserved populations and improve care
coordination and health care outcomes. The second GAO study would
evaluate the economic costs and benefits of school-based health centers
and their impact on the health of students. The final study would make
recommendations on policy options that would encourage health care
practitioners to work as volunteers in health centers.
The Health Care Safety Net Act allows the Secretary of HHS to
recognize the unique needs of high poverty areas in awarding grants,
something that was important to members representing these parts of the
country.
The legislation reauthorizes the National Health Service Corps, NHSC,
at $55 million over 5 years and also makes permanent the automatic
health professions shortage area designation that community health
centers currently have, allowing them to cut down on the cumbersome
paperwork that can delay NHSC placements. The bill requires the NHSC to
assist the Corps members in professional development opportunites.
H.R. 1343 also reauthorizes the State Loan Repayment Program through
2012 and makes the District of Columbia and the territories eligible
for this program, which is part of the overall strategy to improve
access to health care in underserved communities.
Our bill reauthorizes the Primary Dental Workforce and Rural
Healthcare Programs, which increases access to dental care in
underserved areas by providing matching funds for States to use in
training, recruiting, and placing dentists. In addition, the bill
reauthorizes the rural health care programs at $45 million per year
through 2012. I would like to thank Senator Susan Collins for working
with us on this important provision.
The legislation improves access to primary care during public health
emergencies by improving coordination between health centers, State and
local emergency planners, and existing Federal programs for medical
volunteers.
Finally, the bill prevents rural health clinics, RHC, from losing
Medicare certification by including a technical fix that aligns Health
Resources and Services Administration, HRSA, and the Centers for
Medicare and Medicaid Services, CMS, standards so that all RHC shortage
area designations are reviewed every 4 years. This provision was
extremely important to members of the Senate Rural Health Care Caucus,
and I would like to thank Senators Pat Roberts, Tom Harkin, Gordon
Smith, Ron Wyden, Kent Conrad, and John Barrasso for bringing this
important matter to our attention. I also want to thank Finance
Committee chairman Max Baucus and its ranking member Chuck Grassley for
their willingness to include this provision in this bill.
Community health centers have made a huge impact in people's lives. I
am pleased and proud that our legislation has been approved by the
Senate, and I urge my House colleagues to approve this important bill
as quickly as possible. This legislation will not only allow health
centers to continue providing people with essential health care
services but also will ensure that the health centers will have the
funding necessary to provide these important services.
Mr. DORGAN. Mr. President, I ask unanimous consent that a substitute
amendment, which is at the desk, be agreed to; the bill, as amended, be
read a third time and passed; the motions to reconsider be laid upon
the table, with no intervening action or debate; and any statements
related to the bill be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 5642) was agreed to.
(The amendment is printed in today's Record under ``Text of
Amendments.'')
The amendment was ordered to be engrossed and the bill to be read a
third time.
The bill (H.R. 1343), as amended, was read the third time, and
passed.
Mr. DORGAN. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. SPECTER. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Cardin). Without objection, it is so
ordered.
The Senator from Pennsylvania is recognized.
____________________
COSPONSORSHIP OF S. 334, THE HEALTHY AMERICANS ACT
Mr. SPECTER. Mr. President, I have sought recognition for the purpose
of cosponsoring the Healthy Americans Act, S. 334, legislation which is
directed to cover the some 47 million Americans who are not covered by
health insurance. It is a bipartisan bill which has 16 cosponsors, half
Republicans and half Democrats. It has been sponsored principally by
Senator Wyden, Democrat of Oregon, and Senator Bennett, Republican of
Utah. I believe it provides the basis for moving ahead on this very
important subject.
We have long struggled to cover all Americans with health insurance.
In a detailed statement, which I am about to submit, I have recounted
the efforts which this Senator has made over the course of my tenure in
the Senate; beyond the bill's own coverage, the work which has been
done on the Appropriations Labor, Health and Human Services
Subcommittee; and legislation in which Senator Harkin and I, on a
bipartisan basis, have taken the lead in increasing funding for the NIH
from $12 to $30 billion.
This proposal, S. 334, has a number of issues which I think need
further analysis and further study and modification, as noted in the
text of the statement. But I believe it is an excellent starting point
and, having some 16 cosponsors, the most I have seen on a bipartisan
piece of legislation to address this very important subject, I think it
has an excellent opportunity in the next Congress to provide the basis
for moving ahead for the appropriate coverage of all Americans.
We are facing a grave situation in America where millions of
Americans do not have health insurance coverage. As the cost of health
care is increasingly prohibitive and access to insurance is reduced,
the number of uninsured will continue to climb.
It is estimated that nearly 47 million Americans are without health
insurance. This includes the nearly 38 million individuals who have
full or part time employment and still are without health care
coverage. Of significant concern is the number of young adults lacking
insurance: with an estimated 28 percent of those young people without
insurance.
Individuals without insurance suffer from both acute and far reaching
consequences. It ultimately compromises a person's health because he or
she is less likely to receive preventive care, more likely to be
hospitalized for avoidable health problems, and more likely to be
diagnosed in the late stages of diseases. Additionally, lack of
insurance coverage leaves individuals and their families financially
vulnerable to higher out-of-pocket costs for their medical bills.
It is my belief that we can and should fix the problems felt by
uninsured
[[Page 20734]]
Americans with a system that does not resort to a single payer system
and one that involves the private insurance industry. We must enact
reforms that enhance our current market-based health care system.
The legislation I want to discuss today is S. 334, The Healthy
Americans Act, which would provide access to health insurance for all
Americans. Senator Wyden introduced this legislation on January 18,
2007, and since then, it has gained support from an impressive group of
bipartisan Senators, including Bennett, Alexander, Nelson from Florida,
Gregg, Coleman, Grassley, Landrieu, Stabenow, Crapo, Lieberman, Carper,
Inouye, Corker, Smith and Cantwell. Today I am pleased to add my name
to the list of cosponsors of S.334.
The Healthy Americans Act uses the private health insurance market to
ensure that all Americans have access to a quality plan they can
afford. This legislation has a number of components that will address
the problems that plague our current health insurance system.
To begin, S. 334 provides so-called ``portability,'' which allows
individuals to retain their health insurance regardless of the job they
hold. In today's changing society, many Americans no longer stay with
the same employer for long periods of time. Moving from job to job may
mean the loss of health insurance, a new insurance carrier, or a gap in
health care. The Healthy Americans Act seeks to provide consistent
insurance coverage in a fluid job market.
Additionally, the Healthy Americans Act offers assistance for those
who need it most by providing premium assistance for individuals and
families with incomes below 400 percent of the poverty level--or
$41,600 and $84,800 respectively. This provision aids those individuals
that are employed but their income is insufficient to afford insurance.
The assistance is based on a sliding scale with those with lower
incomes receiving the greatest help. Individuals below 100 percent of
the poverty level--$10,400 for an individual or $21,200 for a family--
receive full assistance with their insurance premiums.
While I am cosponsoring this legislation, I have some concerns that
need to be addressed as the debate on this important issue moves
forward. For instance, the potential new tax obligations associated
with the Healthy Americans Act on both individuals and on businesses
warrant further consideration. Concerns have been raised that this bill
is not tax-neutral, meaning that new tax obligations created by this
legislation are not completely matched by new or increased tax
benefits. This resulting imbalance, or lack of tax neutrality, is
argued by some to be a tax increase. Specifically, individuals would be
required to pay their insurance premiums through the Federal tax
withholding system, as opposed to the current model where premiums are
paid to insurers through their employer. Payments would pass through
the IRS on the way to newly created regional purchasing organizations
called health help agencies--HHAs--and ultimately to the private
insurer. The payment system, or collection, is technically a tax
because it is being collected by the IRS. However, it is important to
note that the Government will not keep those dollars and will not have
discretion over how they are spent. Nevertheless, this payment system
deserves further analysis on the issue of tax-neutrality.
S. 334 would require all businesses to pay an assessment of between 2
percent and 25 percent of average per worker premiums. The rate paid
depends on the number of people it employs. I have concerns that this
provision is structured as a tax. However, it is important to note that
businesses would see some benefits as a result of the bill. They would
be freed from the administrative burden of providing health care for
employees because the individual would carry the responsibility of
obtaining a private plan.
Because employers would be required to pay increased wages--in lieu
of providing a health plan, they would also be subject to additional
payroll tax obligations--i.e. Social Security and Medicare. An
employee's increased payroll tax obligation is offset by a tax
deduction provided in the bill. There is no corresponding deduction for
the employer to offset their additional payroll tax obligations, and
one should also be considered, because the bill's purpose is not to
increase payments to Social Security and Medicare. The sponsor's
intention of maintaining a budget-neutral bill is also worth
consideration.
The mandate of paying increased wages only lasts for 2 years under
the bill, after which time market forces would determine total
compensation. Consideration should be given to retaining the employer
payroll increase indefinitely to defray the cost of health insurance.
Market forces may not sufficiently compensate employees when an
employer decides to cut wages beyond the 2-year time frame. This would
harm an employee's ability to purchase health insurance.
I am also concerned with the elimination of specific tax benefits for
corporations that do business abroad, though it is my understanding
that the sponsors are not wedded to elimination of these specific
items. The argument has been made by proponents that the Wyden bill
makes U.S. firms more competitive internationally because it removes
the burden on employers to administer health care plans for their
employees. Often foreign firms do not have that burden. To that end,
the sponsor has chosen to eliminate certain tax preferences to
multinational corporations as a way to raise revenue. I believe that
greater consideration should be given to whether the benefit to
employers of not having to administer a health care plan outweighs the
elimination of these provisions.
First, the elimination of the section 199 manufacturing deduction
raises concerns for our exporters. The section 199 deduction allows
manufacturing firms of all kinds to take a tax deduction for their
U.S.-based business activities. The deduction was 3 percent in tax
years 2005 and 2006, 6 percent in tax year 2007, and is scheduled to be
9 percent by 2010. This tax benefit was enacted as part of the so-
called FSC/ETI legislation in 2004 to replace an export tax incentive
that was ruled to be in violation of our international trade
commitments. At the same time, it sought to boost the ability of
manufacturers to compete in the global marketplace.
Second, the bill would eliminate deferral of income from foreign
corporations that are owned by a U.S. parent company. Under current
law, U.S. taxes do not apply to the foreign income of U.S.-owned
corporations chartered abroad. As a result, a U.S. firm can
indefinitely defer U.S. tax on its foreign income as long as the
foreign subsidiary's income is reinvested overseas. U.S. taxes apply
when the income is repatriated back to the U.S. Ending this deferral
strategy could have the negative impact of encouraging the U.S. parent
firm to relocate abroad or to limit the size of their operations in the
U.S.
S. 334 also requires all Americans to obtain health insurance.
Eligible insurance plans include not only those purchased through this
program, but health care coverage through Medicare, the Department of
Defense, the Department of Veterans Affairs, Indian Health Service, or
a retiree health plan. I am concerned that this mandate will put a
burden on individuals and families that may not be able to afford the
program despite assistance.
This concern is shared by fellow cosponsor Senator Chuck Grassley who
stated that:
. . . the act would require all individuals to buy health
insurance. I support accessibility to private insurance and
differ with my colleagues on this point.
This is an issue that must be more closely examined.
This bill also holds the Blue Cross/Blue Shield Standard Plan
provided under the Federal Employees Health Benefit Program as the
standard for the program. While I believe that everyone should have
access to this level of coverage, it does not allow for variety in the
types of insurance plans that would be available under the program. The
current market allows for different types of plans, which should be
available under the Healthy Americans
[[Page 20735]]
plan. When Senator Norm Coleman signed on as a cosponsor of S. 334, he
similarly noted:
While I certainly believe people should have access to this
level of coverage, I don't think it should be the only
option. My vision of health reform does not include this one-
size-fits-all approach. Instead, I support giving people
access to a variety of health insurance options and the
ability to make informed choices.
The vetting of this bill is already underway. Senators Wyden,
Bennett, Grassley, and Stabenow have taken steps to provide flexibility
in the program by allowing businesses and employees to choose the best
health insurance program for employees. An amendment has been filed to
allow businesses to continue to offer health insurance to employees
under the current system, yet employees would still have the option to
enter the Health Help Agency and obtain a health americans private
insurance plan.
While these concerns are important and should be addressed, this
bipartisan effort makes an important step forward in the ongoing quest
to provide health insurance to all Americans. I believe the Healthy
Americans Act contains excellent ideas and should be the basis for
future discussions on health insurance reform. This sentiment is shared
by Senator Judd Gregg, who when he joined this bill, stated:
that by joining forces with colleagues on both sides of the
aisle on a private market approach, we can begin a bipartisan
dialogue, work through our differences, and find workable
solutions that will result in a better health care system for
all.
I look forward to working with my colleagues to provide a health
insurance system that can provide quality healthcare to all Americans.
I have advocated health care reform in one form or another throughout
my 28 years in the Senate. My strong interest in health care dates back
to my first term, when I sponsored S. 811, the Health Care for
Displaced Workers Act of 1983, and S. 2051, the Health Care Cost
Containment Act of 1983, which would have granted a limited antitrust
exemption to health insurers, permitting them to engage in certain
joint activities such as acquiring or processing information and
collecting and distributing insurance claims for health care services
aimed at curtailing then-escalating health care costs. In 1985, I
introduced the Community-based Disease Prevention and Health Promotion
Projects Act of 1985, S. 1873, directed at reducing the human tragedy
of low birth weight babies and infant mortality. Since 1983, I have
introduced and cosponsored numerous other bills concerning health care
in our country.
During the 102nd Congress, I pressed the Senate to take action on the
health care market issue. On July 29, 1992, I offered an amendment to
legislation then pending on the Senate floor, which included a change
from 25 percent to 100 percent deductibility for health insurance
purchased by self-employed individuals, and small business insurance
market reforms to make health coverage more affordable for small
businesses. Included in this amendment were provisions from a bill
introduced by the late Senator John Chafee, legislation which I
cosponsored and which was previously proposed by Senators Bentsen and
Durenberger. When then-majority leader Mitchell argued that the health
care amendment I was proposing did not belong on that bill, I offered
to withdraw the amendment if he would set a date certain to take up
health care, similar to an arrangement made on product liability
legislation, which had been placed on the calendar for September 8,
1992. The majority leader rejected that suggestion, and the Senate did
not consider comprehensive health care legislation during the balance
of the 102nd Congress. My July 29, 1992, amendment was defeated on a
procedural motion by a vote of 35 to 60, along party lines.
The substance of that amendment, however, was adopted later by the
Senate on September 23, 1992, when it was included in a Bentsen/
Durenberger amendment which I cosponsored to broaden tax legislation,
H.R. 11. This amendment, which included essentially the same self-
employed tax deductibility and small group reforms I had proposed on
July 29 of that year, passed the Senate by voice vote. Unfortunately,
these provisions were later dropped from H.R. 11 in the House-Senate
conference.
On August 12, 1992, I introduced legislation entitled the Health Care
Affordability and Quality Improvement Act of 1992, S. 3176, that would
have enhanced informed individual choice regarding health care services
by providing certain information to health care recipients, would have
lowered the cost of health care through use of the most appropriate
provider, and would have improved the quality of health care.
On January 21, 1993, the first day of the 103rd Congress, I
introduced the Comprehensive Health Care Act of 1993, S. 18. This
legislation consisted of reforms that our health care system could have
adopted immediately. These initiatives would have both improved access
and affordability of insurance coverage and would have implemented
systemic changes to lower the escalating cost of care in this country.
On March 23, 1993, I introduced the Comprehensive Access and
Affordability Health Care Act of 1993, S. 631, which was a composite of
health care legislation introduced by Senators Cohen, Kassebaum, Bond,
and McCain, and included pieces of my bill, S. 18. I introduced this
legislation in an attempt to move ahead on the consideration of health
care legislation and provide a starting point for debate. As I noted
earlier, I was precluded by Majority Leader Mitchell from obtaining
Senate consideration of my legislation as a floor amendment on several
occasions. Finally, on April 28, 1993, I offered the text of S. 631 as
an amendment to the pending Department of the Environment Act, S. 171,
in an attempt to urge the Senate to act on health care reform. My
amendment was defeated 65 to 33 on a procedural motion, but the Senate
had finally been forced to contemplate action on health care reform.
On the first day of the 104th Congress, January 4, 1995, I introduced
a slightly modified version of S. 18, the Health Care Assurance Act of
1995, which contained provisions similar to those ultimately enacted in
the Kassebaum-Kennedy legislation, including insurance market reforms,
an extension of the tax deductibility of health insurance for the self
employed, and tax deductibility of long term care insurance.
I continued these efforts in the 105th Congress, with the
introduction of Health Care Assurance Act of 1997, S. 24, which
included market reforms similar to my previous proposals with the
addition of a new title I, an innovative program to provide vouchers to
States to cover children who lack health insurance coverage. I also
introduced title I of this legislation as a standalone bill, the
Healthy Children's Pilot Program of 1997, S. 435, on March 13, 1997.
This proposal targeted the approximately 4.2 million children of the
working poor who lacked health insurance at that time. These are
children whose parents earn too much to be eligible for Medicaid, but
do not earn enough to afford private health care coverage for their
families.
This legislation would have established a $10 billion/5-year
discretionary pilot program to cover these uninsured children by
providing grants to States. Modeled after Pennsylvania's
extraordinarily successful Caring and BlueCHIP programs, this
legislation was the first Republican-sponsored children's health
insurance bill during the 105th Congress.
I was encouraged that the Balanced Budget Act of 1997, signed into
law on August 5, 1997, included a combination of the best provisions
from many of the children's health insurance proposals throughout that
Congress. The new legislation allocated $24 billion over 5 years to
establish State Child Health Insurance Program, funded in part by a
slight increase in the cigarette tax.
During the 106th, 107th, 108th Congresses, I again introduced the
Health Care Assurance Act. These bills contained similar insurance
market reforms, as well as new provisions to augment the new State
Child Health Insurance Program, to assist individuals with disabilities
in maintaining quality health care coverage, and to establish a
national fund for health research
[[Page 20736]]
to supplement the funding of the National Institutes of Health. All
these new initiatives, as well as the market reforms that I supported
previously, work toward the goals of covering more individuals and
stemming the tide of rising health costs.
My commitment to the issue of health care reform across all
populations has been consistently evident during my tenure in the
Senate, as I have come to the floor and offered health care reform
bills and amendments on countless occasions. I will continue to stress
the importance of the Federal Government's investment in and attention
to the system's future.
As my colleagues are aware, I can personally report on the miracles
of modern medicine. In 1993, an MRI detected a benign tumor,
meningioma, at the outer edge of my brain. It was removed by
conventional surgery, with 5 days of hospitalization and 5 more weeks
of recuperation. When a small regrowth was detected by a follow-up MRI
in June 1996, it was treated with high powered radiation using a
remarkable device called the ``Gamma Knife.'' I entered the hospital on
the morning of October 11, 1996, and left the same afternoon, ready to
resume my regular schedule.
In July 1998, I was pleased to return to the Senate after a
relatively brief period of convalescence following heart bypass
surgery. This experience again led me to marvel at our health care
system and made me more determined than ever to support Federal funding
for biomedical research and to support legislation which will
incrementally make health care available to all Americans.
In February 2005, I received tests at Thomas Jefferson University
Hospital for persistent fevers and enlarged lymph nodes under my left
arm and above my left clavicle. The testing involved a biopsy of a
lymph node and biopsy of bone marrow. The biopsy of the lymph node was
positive for Hodgkin's disease; however the bone marrow biopsy showed
no cancer. A follow up PET scan and MRI at the University of
Pennsylvania Abramson Cancer Center established that I had stage IVB
Hodgkin's disease. After successful chemotherapy treatment I received a
``clean bill of health.''
Three years later, I received the test results from a routine PET
scan, which showed a mild recurrence of Hodgkin's disease. I was once
again undertook a chemotherapy regimen, which I have recently
successfully completed.
My concern about health care has long predated my own personal
benefits from diagnostic and curative procedures. As I have previously
discussed, my concern about health care began many years ago and has
been intensified by my service on the Appropriations Subcommittee on
Labor, Health and Human Services, and Education--LHHS.
My own experience as a patient has given me deeper insights into the
American health care system beyond my perspective from the U.S. Senate.
I have learned: No. 1 patients sometimes have to press their own cases
beyond doctors' standard advice; No. 2 greater flexibility must be
provided on testing and treatment; No. 3 our system has the resources
to treat the 47 million Americans currently uninsured; and No. 4 all
Americans deserve the access to health care from which I and others
with coverage have benefited.
I believe we have learned a great deal about our health care system
and what the American people are willing to accept in terms of health
care coverage provided by the Federal Government. The message we heard
loudest was that Americans do not want the Government to have a single
payer Government operated system.
While I would have been willing to cooperate with the Clinton
administration in addressing this Nation's health care problems, I
found many areas where I differed with President Clinton's approach to
solutions. I believe that the proposals would have been deleterious to
my fellow Pennsylvanians, to the American people, and to our health
care system as a whole. Most importantly, as the President proposed in
1993, I did not support creating an expansive new Government
bureaucracy.
On this latter issue, I first became concerned about the potential
growth in bureaucracy in September 1993 after reading the President's
239-page preliminary health care reform proposal. I was surprised by
the number of new boards, agencies, and commissions, so I asked my
legislative assistant, Sharon Helfant, to make me a list of all of
them. Instead, she decided to make a chart. The initial chart depicted
77 new entities and 54 existing entities with new or additional
responsibilities.
When the President's 1,342-page Health Security Act was transmitted
to Congress on October 27, 1993, my staff reviewed it and found an
increase to 105 new agencies, boards, and commissions and 47 existing
departments, programs and agencies with new or expanded jobs. This
chart received national attention after being used by Senator Bob Dole
in his response to the President's State of the Union address on
January 24, 1994.
The response to the chart was tremendous, with more than 12,000
people from across the country contacting my office for a copy; I still
receive requests for the chart. Groups and associations, such as United
We Stand America, the American Small Business Association, the National
Federation of Republican Women, and the Christian Coalition, reprinted
the chart in their publications--amounting to hundreds of thousands
more in distribution. Bob Woodward of the Washington Post later stated
that he thought the chart was the single biggest factor contributing to
the demise of the Clinton health care plan. And during the November
1996 election, my chart was used by Senator Dole in his presidential
campaign to illustrate the need for incremental health care reform.
The reforms we must enact need to encompass all areas of health. This
must start with preventive health care and wellness programs. This
starts at birth with prenatal care. We know that in most instances,
prenatal care is effective in preventing low-birth-weight babies.
Numerous studies have demonstrated that low birth weight does not have
a genetic link but is instead most often associated with inadequate
prenatal care or the lack of prenatal care. It is a human tragedy for a
child to be born weighing 16 ounces with attendant problems which last
a lifetime. I first saw one pound babies in 1984 and I was astounded to
learn that Pittsburgh, PA, had the highest infant mortality rate of
African-American babies of any city in the United States. I wondered
how that could be true of Pittsburgh, which has such enormous medical
resources. It was an amazing thing for me to see a 1-pound baby, about
as big as my hand. However, I am pleased to report that as a result of
successful prevention initiatives like the Federal Healthy Start
program, Pittsburgh's infant mortality has decreased 24 percent.
To improve pregnancy outcomes for women at risk of delivering babies
of low birth weight and to reduce infant mortality and the incidence of
low-birth-weight births, as well as improving the health and well-being
of mothers and their families, I initiated action that led to the
creation of the Healthy Start program in 1991. Working with the first
Bush administration and Senator Harkin, as chairman of the
Appropriations Subcommittee, we allocated $25 million in 1991 for the
development of 15 demonstration projects. This number grew to 75 in
1998, to 96 projects in 2008. For fiscal year 2008, we secured $99.7
million for this vital program.
To help children and their families to truly get a healthy start
requires that we continue to expand access to Head Start. This
important program provides comprehensive services to low income
children and families, including health, nutritional, and social
services that children need to achieve the school readiness goal of
Head Start. I have strongly supported expanding this program to cover
more children and families. Since fiscal year 2000, funding for Head
Start has increased from $5.3 billion to the 2008 level of $6.9
billion. Additional funding has extended the reach of this important
program to over 1 million children.
[[Page 20737]]
The LHHS Appropriations bill also has made great strides in
increasing funding for a variety of public health programs, such as
breast and cervical cancer prevention, childhood immunizations, family
planning, and community health centers. These programs are designed to
improve public health and prevent disease through primary and secondary
prevention initiatives. It is essential that we invest more resources
in these programs now if we are to make any substantial progress in
reducing the costs of acute care in this country.
As ranking member and chairman of the LHHS Appropriations
Subcommittee, I have greatly encouraged the development of prevention
programs which are essential to keeping people healthy and lowering the
cost of health care in this country. In my view, no aspect of health
care policy is more important. Accordingly, my prevention efforts have
been widespread.
I joined my colleagues in efforts to ensure that funding for the
Centers for Disease Control and Prevention, CDC, increased from $2.3
billion in 1997 to $6.375 billion in fiscal year 2008. We have also
worked to increase funding for CDC's breast and cervical cancer early
detection program to $200.8 million in fiscal year 2008.
I have also supported programs at CDC which help children. CDC's
childhood immunization program seeks to eliminate preventable diseases
through immunization and to ensure that at least 90 percent of 2-year-
olds are vaccinated. The CDC also continues to educate parents and
caregivers on the importance of immunization for children under 2 years
old. Along with my colleagues on the Appropriations Committee, I have
helped ensure that funding for this important program together with the
complementary Vaccines for Children Program has grown from $914 million
in 1999 to $3.2 billion in fiscal year 2008.
While vaccines are critical for prevention we must be prepared for an
influenza pandemic. To ensure that America is properly prepared for
such a pandemic the LHHS Appropriations bills have provided $6 billion
since 2005. This funding provides development and purchase of vaccines,
antivirals, necessary medical supplies, diagnostics, and other
surveillance tools.
We have also strengthened funding for Community Health Centers, which
provide immunizations, health advice, and health professions training.
These centers, administered by the Health Resources and Services
Administration, provide a critical primary care safety net to rural and
medically underserved communities, as well as uninsured individuals,
migrant workers, the homeless, residents of public housing, and
Medicaid recipients. Funding for Community Health Centers has increased
from $1 billion in fiscal year 2000 to $3.2 billion in fiscal year
2008.
Increases in research, education and treatment in women's health have
been of particular importance to me. In 1998, I cosponsored the Women's
Health Research and Prevention Amendments, which were signed into law
later that year. This bill revised and extended certain programs with
respect to women's health research and prevention activities at the
National Institutes of Health and the Centers for Disease Control and
Prevention.
In 1996, I also cosponsored an amendment to the fiscal year 1997 VA-
HUD Appropriations bill, which required that health plans provide
coverage for a minimum hospital stay for a mother and child following
the birth of the child. This bill became law in 1996.
In 2005, I introduced the Gynecologic Cancer Education and Awareness
Act to increase education of gynecological cancer so that women would
be able to recognize cancer warning signs and seek treatment. This
legislation became law in 2007.
I have also been a strong supporter of funding for AIDS research,
education, and prevention programs.
During the 101st and 104th Congresses, I cosponsored the Ryan White
CARE Reauthorization Act, which provided Federal funds to metropolitan
areas and States to assist in health care costs and support services
for individuals and families affected by acquired immune deficiency
syndrome, AIDS, or infection with the human immunodeficiency virus,
HIV. Those bills became law in 1990 and 1996 respectively.
Funding for Ryan White AIDS programs has increased from $757.4
million in 1996 to $2.14 billion for fiscal year 2008. That includes
$794 million for the AIDS Drug Assistance Program, ADAP, to help low-
income individuals afford life saving drugs. AIDS research at the NIH
totaled $742.4 million in 1989 and has increased to an estimated $2.91
billion in fiscal year 2008.
Veterans provide an incredible service in defending our country, and
providing them with quality health care is critical. During the 102d
Congress, I cosponsored an amendment to the Veterans' Medical Programs
Amendments of 1992, which included improvements to health and mental
health care and other services to veterans by the Department of
Veterans Affairs. This bill became law in 1992.
During the 106th Congress, I sponsored the Veterans Benefits and
Health Care Improvement Act of 2000, which increased amounts of
educational assistance for veterans under the Montgomery GI Bill and
enhanced health programs. This bill became law in 2000.
I also sponsored the Department of Veterans Affairs Long-Term Care
and Personnel Authorities Enhancement Act, which improved and enhanced
the provision of health for veterans. This bill became law in 2003.
In the 108th Congress, I introduced the Veterans Health Care, Capital
Asset and Business Improvement Act of 2003, which upon becoming law in
December 2003 enhanced the provision of health care for veterans by
improving authorities relating to the administration of personnel at
the VA.
In June 2004, I introduced the Department of Veterans Affairs Health
Care Personnel Enhancement Act, which simplified pay provisions for
physicians and dentists and authorized alternate work schedules and pay
scales for nurses to improve recruitment and retention of top talent.
The bill was signed into law in December 2004.
To increase the portability of insurance, in 1996, I cosponsored the
Health Coverage Availability and Affordability Act, which improved the
portability and continuity of health insurance coverage in the group
and individual markets, combated waste, fraud, and abuse in health
insurance and health care delivery, promoted the use of medical savings
accounts, improved access to long-term care services and coverage, and
simplified the administration of health insurance. This bill became law
in 1996.
Statistics show that 27 percent of Medicare expenditures occur during
a person's last year of life and beyond the last year of life, a
tremendous percentage of medical costs occur in the last month, in the
last few weeks, in the last week, or in the last few days.
The issue of end of life treatment is such a sensitive subject and no
one should decide for anybody else what that person should have by way
of end-of-life medical care. What care ought to be available is a very
personal decision. However, living wills give an individual an
opportunity to make that judgment, to make a decision as to how much
care he or she wanted near the end of his or her life and that is, to
repeat, a matter highly personalized for the individual.
Individuals should have access to information about advanced
directives. As part of a public education program, I included an
amendment to the Medicare Prescription Drug and Modernization Act of
2003 which directed the Secretary of Health and Human Services to
include in its annual ``Medicare and You'' handbook, a section that
specifies information on advance directives and details on living wills
and durable powers of attorney regarding a person's health care
decisions.
As ranking member and chairman of the Labor, Health and Human
Services, and Education Appropriations Subcommittee, I have worked to
provide much-needed resources for hospitals, physicians, nurses, and
other health care professionals.
An adequate number of health professionals, including doctors,
nurses, dentists, psychologists, laboratory technicians, and
chiropractors is critical to
[[Page 20738]]
the provision of health care in the United States. I have worked to
provide much needed funding for health professional training and
recruitment programs. In fiscal year 2008, these vital programs
received $334 million. Nurse education and recruitment alone has been
increased from $58 million in fiscal year 1996 to $149 million in
fiscal year 2008.
Differences in reimbursement rates between rural and urban areas have
led to significant problems in health professional retention. During
the debate on the Balanced Budget Refinement Act, which passed as part
of the fiscal year 2001 consolidated appropriations bill, I attempted
to reclassify some northeastern hospitals in Pennsylvania to a
Metropolitan Statistical Area with higher reimbursement rates. Due to
the large volume of requests from other states, we were not able to
accomplish these reclassifications for Pennsylvania. However, as part
of the fiscal year 2004 Omnibus appropriations bill, I secured $7
million for 20 northeastern Pennsylvania hospitals affected by area
wage index shortfalls.
As part of the Medicare Prescription Drug and Medicare Improvement
Act of 2003, which passed the Senate on November 25, 2003, a $900
million program was established to provide a one-time appeal process
for hospital wage index reclassification. Thirteen Pennsylvania
hospitals were approved for funding through this program in
Pennsylvania. This program has been extended on several occasions and
has provided a total of $164.1 million for Pennsylvania hospitals.
The National Institutes of Health--NIH--are the crown jewels of the
Federal Government and have been responsible for enormous strides in
combating the major ailments of our society including heart disease,
cancer, and Alzheimer's and Parkinson's diseases. The NIH provides
funding for biomedical research at our Nation's universities,
hospitals, and research institutions. I led the effort to double
funding for the NIH from 1998 through 2003. Since I became chairman in
1996, funding for the NIH has increased from $12 billion in fiscal year
1996 to $30.2 billion in the fiscal year 2009 Senate LHHS
Appropriations bill.
Regrettably, Federal funding for NIH has steadily declined from the
$3.8 billion increase provided in 2003, when the 5-year doubling of NIH
was completed, to only $328 million in fiscal year 2008. The shortfall
in the President's fiscal year 2009 budget due to inflationary costs
alone is $5.2 billion. To provide that $5.2 billion in funding, I
recently introduced with Senator Harkin, the NIH Emergency Supplemental
Appropriations Act. This supplemental funding would improve the current
research decline, which is disrupting progress, not just for today, but
for years to come.
In 1970, President Nixon declared war on cancer. Had that war been
prosecuted with the same diligence as other wars, my former chief of
staff, Carey Lackman, a beautiful young lady of 48, would not have died
of breast cancer. One of my very best friends, a very distinguished
Federal judge, Chief Judge Edward R. Becker, would not have died of
prostate cancer. All of us know people who have been stricken by
cancer, who have been incapacitated with Parkinson's or Alzheimer's,
who have been victims of heart disease, or many other maladies.
The future of medical research must include embryonic stem cell
research. I first learned about embryonic stem cell research in
November 1998 and held the first congressional hearing in December of
that year. Since that time I have held 19 more hearings on this
important subject. Embryonic stem cells have the greatest promise in
research because they have the ability to become any type of cell in
the human body.
During the 109th Congress, the House companion bill to S. 471, the
Stem Cell Research Enhancement Act, was passed by Congress but vetoed
by President Bush. The vote to override the veto in the House failed.
The legislation would expand the number of stem cell lines that are
eligible for federally funded research, thereby accelerating scientific
progress toward cures and treatments for a wide range of diseases and
debilitating health conditions.
In the 110th Congress, S. 5, the Stem Cell Research Enhancement Act,
of which I am a lead cosponsor and is identical to the 109th Congress
legislation, was passed by Congress, but a vote to override the veto in
the House again failed.
During the course of our stem cell hearings, we have learned that
over 400,000 embryos are stored in fertility clinics around the
country. If these frozen embryos were going to be used for in vitro
fertilization, I would support that over research. In fact, I have
provided $3.9 million in fiscal year 2008 to create an embryo adoption
awareness campaign. Most of these embryos will be discarded and I
believe that instead of just throwing these embryos away, they hold the
key to curing and treating diseases that cause suffering for millions
of people.
The many research, training and education programs that are supported
by the Federal Government all contribute to this Nation's efforts to
provide the best prevention and treatment for all Americans. But
without access to health care, these efforts will be lost. But with the
plan outlined in the Health Americans Act, we can provide health care
coverage for the 47 million uninsured Americans. This bipartisan bill
is where the health insurance reform debate needs to begin--with a
market based approach to reforming health insurance. The time has come
for concerted action in this arena. I urge my colleagues to take action
on this important issue.
____________________
FILLING THE TREE
Mr. SPECTER. Mr. President, as we near the end of the 110th Congress,
it is my hope that when we return for the 111th Congress, that there
will be more comity and more bipartisanship and more accomplishment
than we have seen in this Congress and in prior Congresses. I have
spoken at some length on the Senate floor about this subject. I am
about to introduce a prepared written text, but the essence of my
concern arises because of the practice of limiting the amendments which
Senators may offer on the floor and the problems of confirming judges,
especially in the last 2 years of a President's administration.
The great value of the Senate on the American political scene, which
has earned this august body the title ``the world's greatest
legislative body,'' has been the right of any Senator at any time to
offer virtually any amendment on any bill. That, plus unlimited debate,
has made this Chamber a unique place among modern democracies, where
great ideas can be stated, can be articulated, and can be debated, and
where, with sufficient debate, sufficient analysis, and sufficient
merit, they can attract great public attention. But that has been
thwarted in recent years--the last 15 years specifically--by both
Republican and Democratic majority leaders so that, as usual, when
there is a problem with this institution, there is bipartisan blame.
Senator Mitchell, Senator Lott, Senator Frist, and Senator Reid have
all used this practice. The first three Senators used it on some nine
occasions each, as detailed in the written floor statement which I am
about to introduce for the record. Senator Reid has used it some 15
times. The practice has been that the majority leader, who is entitled
as a matter of Senate practice to first recognition, takes the floor
and offers amendments so that there is a process where no other Senator
can offer an amendment. That is called filling the tree. That has
resulted, then, in the followup on a cloture motion to cut off debate.
Then it becomes a bipartisan wrangle, with one half of the aisle--
Democrats--voting for cloture to cut off debate and Republicans, in a
partisan context, voting against cloture. I have voted against cloture
because as a matter of principle I do not think we ought to end the
debate before we have had a debate or before Senators have had an
opportunity to offer amendments. That has resulted, as I see it, in
gridlock on the Senate floor, so the Senate has really become
dysfunctional.
[[Page 20739]]
I contrast the kinds of work weeks we have had, with very few votes,
to the management of the comprehensive immigration bill during the
109th Congress where we had some 227 amendments filed and some 27
votes, which is the way I think the Senate ought to operate.
Then, beyond the issue of filling the tree and stopping Senators from
proceeding with the offering of amendments, we have had the problems of
the filibuster. Again, there is bipartisan blame, blame on both sides
of the equation.
Mr. President, in the last 15 years, the ``World's Greatest
Deliberative Body'' has degenerated into a ``do-nothing Senate'' due to
abusive procedural actions taken by both Republican and Democratic
majority leaders. The Senate has been gridlocked and has become
dysfunctional.
The uniqueness of the U.S. Senate has been that any Senator could
offer any amendment on virtually any bill at any time. That
opportunity, plus unlimited debate, made the Senate the place where
great ideas could be presented to the American people and be debated
extensively to provide the basis for legislative changes on public
policy to govern the Nation.
That changed in 1993 when majority leaders started using their powers
of first-recognition to offer a series of amendments called ``filling
the tree.'' This procedure precludes any other Senator from offering
amendments to the legislation under consideration. Senator George
Mitchell used this procedure nine times in the 103d Congress from 1993
to 1994, Senator Trent Lott used it nine times in the 106th Congress
from 2000 to 2002, and Senator Bill Frist used it nine times in the
109th Congress from 2005 to 2006. Thus far in the 110th Congress during
2007-2008, Senator Harry Reid has used the tactic 16 times.
The legislation on global warming illustrates the unproductive nature
of this practice. On June 2, 2008, Senator Reid called up the Warner-
Lieberman bill. On June 3, 2008, I filed and discussed on the Senate
floor a series of proposed amendments based on competing the Bingaman-
Specter climate change bill. On June 4, 2008, Senator Reid used his
power as majority leader of getting first-recognition to offer eight
amendments which filled the so-called tree thus precluding me or any
other Senator from offering any amendments. Senator Reid then filed a
motion for ``cloture'' to cut off debate on June 4 to set the stage to
vote on the bill without any amendments. It then became a partisan
issue with Republicans opposing cloture and Democrats favoring it. I
opposed cloture to cut off debate since there had been no debate and no
opportunity to amend the bill. On June 6,, cloture was not invoked.
Reciprocal finger pointing then began, with Democrats blaming
Republicans for stymieing the legislation by filibustering and
Republicans responding that the Democrats were responsible for killing
the bill. This practice has been used 16 times during the 110th
Congress, stopping the Senate from acting on bills such as FAA
Reauthorization--H.R. 2881--Lieberman-Warner Climate Security--S.
3036--and the Energy Speculation Bill--S. 3268.
Sometimes, after the tree has been filled, there will be extensive
negotiations among Senators to agree on a limited number of specified
amendments that both sides are willing to vote on. In part, this is
done to limit the time it will take to finish the bill. More often, it
is done to eliminate the tough votes where Senators will have to take
positions on controversial issues which could be used against them in
future campaigns, including 30-second television spots.
As a result of these practices, Senate floor time has been filled
with quorum calls where negotiations are in process to limit the number
of votes which will be taken or to find ways to resolve the most
contentious issues without votes. On many weeks, the Senate has had
little floor debate and votes. For example, the following occurred: one
vote, April 28-May 2; 3 weeks with two votes, January 22-25, January
28-February 1, and September 15-19; 1 week with three votes September
8-12; 1 week with four votes, June 9-13; 5 weeks with five votes, April
21-25; May 19-23; June 3-6; June 16-20; July 21-26; 2 weeks with six
votes, April 14-18; March 3-7.
This inactivity is contrasted with
A far better procedural practice is to allow Senators to offer
amendments under time agreements. These are agreed to by unanimous
consent and allow Senators to have their amendments considered in an
expeditious manner. Thus, the Senate can work its will. The public then
understands the issues involved and Senators are compelled to take
positions by voting. That procedure is obviously totally undercut by
the majority leader's filling the tree to abort traditional Senate
practices.
To stop the practice of filling the tree and revert to traditional
Senate debate and votes, I proposed S. Res. 83 on February 15, 2007,
which would have stopped the majority leader from filling the tree.
Notwithstanding repeated efforts to get this proposed rule change acted
upon, nothing has been done.
Senate action has also been stymied by the use of the filibuster or
other procedures to thwart the confirmation of Federal judges. These
practices have been utilized by both Democrats and Republicans in the
last 20 years. In the last 2 years of President Reagan's
administration, 1987-1988, the Democrats failed to confirm 10 district
court nominees and 7 circuit court nominees. In addition, the time
required to confirm circuit court nominees increased from 195 days
during President Carter's administration to 257 days during President
Reagan's administration.
Similarly in the last 2 years in the administration of President
George H.W. Bush, 1991-1992, the Democrats failed to confirm 10 circuit
court nominees and 43 district court nominees. Further, the time
required to confirm a circuit court nominee increased from 257 to 319
days during President Bush's administration.
The Republicans retaliated when Senator Lott was the majority leader
by refusing to give hearings to President Clinton's nominees or by
refusing to have the Senate vote on nominees after they reported out
favorably by the Judiciary Committee. At the end of the 106th Congress,
1999-2000, the Senate returned 17 circuit court nominees and 24
district court nominees to the President, and the time required to
confirm a circuit court nominee had increased from 319 to 439 days.
In the final 2 years of President Clinton's administration, a
Republican Senate confirmed 15 circuit court judges and 57 district
court judges. To date, the Democratic Senate has confirmed 10 of
President Bush's circuit court nominees and 48 district court nominees.
An additional 10 district court nominees may yet be confirmed.
President Bush has nominated an additional 9 circuit court judges who
have not been confirmed and he has nominated an additional 20 district
court nominees who it appears will not be confirmed, assuming that 10
of pending district court nominations will be confirmed. In the 110th
Congress, the time required to confirm a circuit court nominee
increased from the 439 to 906 days.
The Senate was engaged in an especially bitter controversy from 2003-
2005 when the Democrats engaged in 23 filibusters to stop the
confirmation of 10 circuit court nominees: Miguel A. Estrada, Richard
Griffin, Carolyn B. Kuhl, David McKeague, Priscilla Richman Owen,
Charles W. Pickering, Henry W. Saad, William H. Pryor, William G.
Myers, and Janice Rogers Brown. At least four other nominees were
blocked by the mere threat of filibuster: Terrence Boyle, William
Haynes, Brett M. Kavanaugh, and Susan B. Neilson.
Republicans then threatened retaliation with the so-called nuclear or
constitutional option. That plan would have called upon Vice President
Cheney to rule that 51 votes could invoke cloture. That ruling would
then be appealed, and under Senate procedure, a majority of 51 votes
would sustain the ruling of the chair. In that manner, it was
contemplated that at least 51 votes could be obtained from the 55
Republican Senators.
[[Page 20740]]
On May 23, 2005, the eve of a vote set for the following day to
invoke the nuclear or constitutional option, the so-called ``Gang of
14''--7 Democrats and 7 Republicans--agreed to enter into a compromise
to confirm Janice Rogers Brown, William Pryor, and Priscilla Owen, and
to reject William Myers and Henry Saad, so there was never a
determination as to whether Republicans had sufficient votes to invoke
the nuclear/constitutional option.
With the 7 Democrats and the 7 Republicans in the ``Gang of 14''
breaking party lines, there would have been insufficient votes to
maintain the filibusters or to invoke the nuclear/constitutional
option. With 7 Democrats from the ``Gang of 14'' voting for cloture,
there would have been 62 potential votes--55 Republicans and 7
Democrats--to invoke cloture. With 7 Republicans voting against the
nuclear/constitutional option, there would have been a maximum of only
48 votes, 55 minus 7.
In order to break the filibuster impasse on the confirmation of
Federal judges, I proposed S. Res. 327 on April 1, 2004 and S. Res. 469
on March 4, 2008. These resolutions provided for a 90-day timetable for
fair consideration of all judicial nominees with the following
benchmarks: within 30 days of the President submitting a judicial
nomination, the Judiciary Committee would hold a hearing; within 30
days of the hearing, the committee would vote on the nomination; and
within another 30 days, the Senate would hold an up-or-down vote on the
nomination. I was willing to modify this timetable; but it would move
the issue forward to some compromise timetable.
This rule change would not affect the existing rules that require 60
Senators to cut off debate on legislative matters. It would apply only
to judicial confirmations.
The basis for the rule change was that public policy was better
served by determining confirmation on professional qualification
without engaging in the ``cultural wars'' to elevate ideology over
professional judicial qualifications.
As a practical political matter, filibusters have not been used to
block Supreme Court nominations, where there is substantial public
visibility even though many Senators would like to have done so. The
conventional wisdom was that in a high visibility situation like
Supreme Court confirmations, many Senators would not support a
filibuster unless a good reason could be publicly articulated to do so.
With less visible circuit court nominees, that reluctance was absent.
For example, no filibuster was mounted against Justice Clarence
Thomas even though there was substantial ideological opposition to his
confirmation. Democrats did not have 60 votes to invoke cloture.
Justice Thomas was ultimately confirmed 52-48. Similarly there was no
effort to filibuster the nominations of Justice Ruth Bader Ginsberg or
Justice Stephen Breyer even though there was substantial Republican
ideological opposition. Justice Ginsburg was confirmed 96 to 3 and
Justice Breyer was confirmed 87 to 9.
During the confirmation hearing of Justice Samuel Alito, the
Democrats sought to gain traction about a filibuster trying to
associate Justice Alito with the Concerned Alumni of Princeton, an
organization which reputedly discriminated against women and
minorities. The Democrats' effort failed to secure a subpoena for the
Concerned Alumni of Princeton records and informal inquiries found no
connection between that organization and Justice Alito. Thus, the
effort to muster a filibuster sputtered and was not pursued.
During my travels through Pennsylvania during the August recess, I
heard many complaints from my constituents at town meeting about
partisanship in the U.S. Congress. The consistent comments were that
people were sick and tired of partisan bickering. It is reflected in
the public opinion polls which give the Congress very low ratings.
My proposed rule changes would have a profound effect on allowing the
Senate to take care of the people's business by eliminating the
gridlock and providing for up and down votes in the judicial nominating
process based on professional competence and not ideology.
The PRESIDING OFFICER. The Senator from New Jersey is recognized.
____________________
UNANIMOUS-CONSENT REQUEST--S. 1375
Mr. MENENDEZ. Mr. President, I rise today because there are far too
many women in America suffering in silence from postpartum depression
and it is time to let them know that they are not alone. It is time to
lift the veil of shame and secrecy--this condition is not their fault
and they can get help.
The Melanie Blocker Stokes MOTHERS Act would establish the first
comprehensive legislation to assist new mothers suffering from
postpartum depression and educate women about this disabling condition
that affects 800,000 women each year.
It would help provide support services to women suffering from
postpartum depression and psychosis and would also help educate mothers
and their families about these conditions.
In addition, it would support research into the causes, diagnoses and
treatments for postpartum depression and psychosis.
It attacks postpartum depression on all fronts with education,
support, and research so that new moms can feel supported and safe
rather than scared and alone.
We know--doctors and psychologists know--that there are all too many
mothers in need who are suffering in silence. All too many mothers are
unaware of the condition and go without the treatment and support they
so desperately need.
I introduced this bill because I was inspired by the story of Mrs.
Mary Jo Codey--the former first lady of New Jersey--who publically
shared her struggle with postpartum depression. It was her courage and
strength that helped change New Jersey law--and now, hopefully, will
help change our Nation's laws.
But postpartum depression affects women all over this country, not
just in my home State, and that is why I was proud to introduce this
legislation with Senator Durbin and work with the support of Senator
Kennedy. I saw the companion legislation of Representative Rush sail
through the House--passing 382-3--and we were all set to pass this bill
when one singular Senator signaled his objection, essentially blocked
the bill, and the whole process ground to a halt.
One Senator's objections and American women are left without relief
and support from a disabling and often undiagnosed condition affecting
as many as one in five new mothers experiencing symptoms.
One Senator's objections, and American women are left without this
strong program to make sure they no longer have to suffer in silence
and feel alone when faced with this difficult condition.
One Senator's objections, and American women are left with few places
to turn when they show signs of depression, lose interest in friends
and family, feel overwhelming sadness or even have thoughts of harming
the baby or themselves.
Many new mothers sacrifice anything and everything to provide
feelings of security and safety to their newborn child. It is our duty
to provide the same level of security, safety and support to new
mothers in need.
We were on our way to taking those steps when a single Senator
stepped in and blocked it from happening.
For the millions of American women who have suffered or soon will
suffer from postpartum depression we need to pass this bill today.
I ask unanimous consent that the HELP Committee be discharged of S.
1375 and that the Senate immediately proceed to S. 1375; that all after
the enacting clause be stricken and that an amendment at the desk
consisting of the text of subtitle (d) of title I of S. 3297 be
inserted in lieu thereof; that the amendment be considered and agreed
to, the bill, as amended, be read a third time, passed, and the motions
[[Page 20741]]
to reconsider be laid upon the table, with no intervening action or
debate.
The ACTING PRESIDENT pro tempore. Is there objection?
Mr. CRAIG. Mr. President, I object.
The ACTING PRESIDENT pro tempore. Objection is heard.
Mr. MENENDEZ. Mr. President, I assume my distinguished colleague from
Idaho is objecting on behalf of Senator Coburn, and I understand if
that is the case.
I have a problem in that we have a process that has festered where
one person suddenly believes that they are the guardian of what is good
and what is not. I always get concerned when suddenly one person in an
institution believes they can use the powers that are reserved largely
for the purposes of ensuring that something they feel so passionate
about or so strongly about and to protect the powers of the minority
can be preserved, but then it get abused and hundreds of pieces of
legislation get stopped by one Senator.
Now, I intend to continue to push this because I want mothers
throughout this country to understand who is blocking their way from
having the type of access and help that is necessary to be able to
ensure that, in fact, they do not have to go through these depressions
alone.
We have many stories across the landscape of the country of mothers
who did not know they were having post partum depression, and the
consequences were that they thought about hurting their children and
hurting themselves. We can do far better.
When the House of Representatives passed this very same bill, and we
changed it to accommodate our colleagues on the Republican side of the
aisle in the HELP Committee, but passed it 382 to 3--382 to 3--the
reality is, something is wrong when one Senator believes he or she can
stop the progress on behalf of millions of women in this country.
I am going to come to the floor of the Senate time and time again. I
want American women to know who is the impediment to the opportunity
for them to get the help they need. I want mothers to know who is the
impediment to get the help they need. I want families to know who is
the impediment to get the help they need. I want husbands to know who
is the impediment to have their spouses get the help they need, and
that is one Senator--one Senator.
____________________
ORDER FOR RECESS
Mr. MENENDEZ. Mr. President, I ask unanimous consent that the Senate
recess subject to the call of the chair following the remarks of
Senator Craig.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
Mr. MENENDEZ. Mr. President, I had another statement, but I see
Senator Craig is here. Even though I know he objected to my request on
behalf of someone else, I am going to yield the floor and come back at
a later time.
The ACTING PRESIDENT pro tempore. The Senator from Idaho is
recognized.
Mr. CRAIG. I thank my colleague for his generosity. I understand the
time constraints he was under under his UC. I appreciate that a great
deal.
I certainly object for this side because it had not been cleared, and
following the standard procedures of this Senate, no Senator comes to
the floor in the absence of others and makes the unanimous consent
request expecting it to pass. So I was speaking on behalf of the
Republican side where a Senator has not yet cleared this bill. It was
not a reflection of my own attitude or concern over the issue.
____________________
HEALTH CARE
Mr. CRAIG. Mr. President, I have come to the Senate floor often over
the last good number of years to speak about a variety of issues. In
the last 4 or 5 years, I spoke of my concern over a lack of a national
energy policy and the productivity of the great private sector in our
country to produce energy for the American consumer and the inability
of public policy or political figures to allow that to happen for all
kinds of reasons, and obviously we have now experienced one of the
greatest energy shocks in our country's economy. Yet we still stand
still today, immobile in our ability to deal with it for a variety of
reasons.
Today, I do not come to the floor to speak about energy. I am here
today to speak about two health care issues that are important to our
Nation: accessibility to health care services and health care for
veterans.
As chairman of the Veterans' Affairs Committee, I had the opportunity
to learn more about the phenomenal job the Department of Veterans
Affairs does to provide health care to our Nation's veterans. VA runs
facilities across the country that employ some of the finest doctors,
nurses, and other health care professionals.
These are dedicated men and women who provide world class health care
to our Nation's heroes. The VA is also a training ground for many of
our Nation's health care professionals. According to the American
Association of Medical Colleges, more than half--yes, that is right,
more than half--of our Nation's physicians receive some part of their
medical training in VA hospitals.
Over 28,000 residents and nearly 17,000 medical students rotate
through the VA health care system each year. Clearly, VA has become an
invaluable piece of the health care system for all Americans.
At the same time, the VA is a separate health care system within our
Nation and creates a certain disconnect. The focus of the VA has been
on establishing a system that is dependent upon bricks and mortar and a
fixed location.
In the vast majority of situations, veterans enrolled in the VA
health care system must receive health care at VA facilities unless
they want to pay for care through private insurance or out of their own
pockets. This means that veterans who do not live near a VA facility
have a more difficult time accessing VA care because of where they
choose to live.
To address this, VA aims to build facilities in strategic locations
to serve the greatest number of veterans. I am pleased that in the past
few years VA increased the number of outpatient clinics in my State of
Idaho. Unfortunately, these new clinics cannot completely resolve all
of the issues or serve veterans in a total way.
I am sure all of my colleagues, and particularly those who represent
rural States such as my home State of Idaho, have heard from veterans
who wish they could utilize their VA health care benefits at a facility
closer to their home. It is a significant barrier to care when a
veteran has to drive for several hours to reach a VA facility.
An elderly veteran, possibly in his or her seventies or eighties,
driving literally hundreds of miles to get to that VA facility, is in
itself not only impractical, in many instances it is impossible for
that veteran. We also need to consider health care access for the
general population. It is no surprise that our Nation is facing a
crisis when it comes to having an adequate supply of health care
professionals.
According to a July 2007 report of the American Hospital Association,
U.S. hospitals need approximately 116,000--that is right, 116,000--
registered nurses to fill vacant positions. This is a national RN
vacancy rate of about 8.1 percent.
Another study estimates that the shortage of RNs could reach 500,000
by 2025. I did the math on my age and determined that is about when I
am going to start needing possibly more health care provided by health
care professionals. At this moment, we are suggesting this will be the
period of time when there will be potentially the greatest shortage.
An aging workforce, a shortage of slots in nursing schools, and an
aging population that is living longer and therefore requiring more
health care services are all contributing to this nursing shortage.
This shortage in health care providers is not limited to nurses. In the
2006 report by the Health Resources and Services Administration, they
project a shortfall of around 55,000 physicians by 2020. In addition,
various studies have indicated current or impending deficiencies in
various specialties, including cardiology,
[[Page 20742]]
rheumatology, and neurosurgery, as well as primary care.
I think most Americans understand the significance of this situation.
We can build all of the medical facilities we want, but they serve no
purpose if there are not enough medical professionals to work in these
hospitals and clinics.
That is where the VA and other medical facilities, be they public,
private or nonprofit, run into each other. They are all competing for a
pool of health care professionals that is not growing, and that is not
growing as quickly as it is needed. I am concerned that ultimately this
will diminish the quality of health care that is delivered to our
Nation's veterans and, of course, to all Americans.
So how do we address the health care needs of all Americans when
faced with these challenges? I think we need to examine how we can
integrate VA facilities with other health care facilities to better
serve not only veterans but entire communities. Is there a way that we
can utilize existing VA facilities to serve all of those living in
rural communities that struggle to recruit health care professionals
without compromising care for veterans? Is there a way we can change
the VA health care system to enable veterans to receive care at their
local non-VA health care providers?
I know these kinds of changes will not happen quickly and they will
not happen easily. Earlier this session I introduced two pieces of
legislation that proposed dramatic changes in the VA health care
system. I will say that these proposals were not enthusiastically
welcomed by many of those entrenched in the veteran advocacy community.
S. 815, the Veterans Health Care Empowerment Act, would allow veterans
with a service-connected disability to receive hospital or other
medical care at any Medicare or TRICARE-eligible facility.
When I introduced this legislation last March, I stated my belief
that most veterans would choose to continue to receive health care at a
VA facility. I still believe that is true. But I also know this
legislation would enhance access of care for veterans who do not live
near a VA facility by serving them in the communities in which they
live.
I also introduced legislation, S. 441, the State Veterans Home
Modernization Act, which would allow, instead of building veterans
homes, noninstitutional care and daycare and respite care for our
veterans. I know my time is now limited, so let me close with this
thought.
Earlier this year, a group of young Idaho Iraqi and Afghan vets came
to my office concerned about health care. One of them pulled from his
pocket a credit card and said: Senator, why cannot this become a VA
health care card that allows me access to health care in my community
paid for by the Veterans' Administration because I have, upon my
service and upon my disability, been granted access to the VA health
care system? I live in rural Idaho. But why must I travel miles when
there are hospitals and clinics all around me? I cannot have access to
them.
What is wrong with that picture? What is wrong with that picture is
that this wonderful, marvelous VA health care system is a static, in-
place system that does not have the flexibility that modern health care
speaks to and that it must have in the future.
I am retiring from the Senate, so these pieces of legislation will
not be introduced again. But I am challenging my colleagues, as you
stand and so proudly speak of your concern for veterans and your
concern for their care, that you step away from the bricks and mortar
and from the rigidity of the activist advocacy groups who think that
health care for veterans can only be delivered in one form. Modernize
it. Change it. Give it flexibility if we want to give ultimate health
care to our veterans, and if we want to integrate nonveterans into that
quality health care system in a way that strengthens it, improves it,
and sustains it in an economical fashion.
I yield the floor.
____________________
RECESS SUBJECT TO THE CALL OF THE CHAIR
The ACTING PRESIDENT pro tempore. Under the previous order, the
Senate stands in recess subject to the call of the Chair.
There being no objection, the Senate, at 2:29 p.m., recessed subject
to the call of the Chair and reassembled at 3:12 p.m. when called to
order by the Presiding Officer (Mr. Tester).
The PRESIDING OFFICER. The Republican leader is recognized.
____________________
MORNING BUSINESS
Mr. McCONNELL. Mr. President, we are in morning business, right?
The PRESIDING OFFICER. We are in a period of morning business.
____________________
ECONOMIC STABILIZATION PLAN
Mr. McCONNELL. Mr. President, Senator McCain has just announced he is
willing to suspend his campaign, set politics aside, and sit down with
all sides to come to a solution to the looming threat to our economy.
That is really an outstanding idea. The threat to Americans and their
homes, savings, and retirements is really not a partisan problem, and
it will not be fixed with a partisan approach. Americans want to know
that their home values and college funds and retirement accounts are
safe; in other words, that the problems on Wall Street are not going to
spread to Main Street. So I appreciate my colleague's proposal, and I
hope it will be given serious consideration.
My constituents are not calling and asking me to help their brokers.
They are asking for help to protect their mortgages, their ability to
grow their small businesses, their ability to send their kids to
college. And they are worried about the security of their life savings.
I am concerned that if we do nothing, their savings, their ability to
buy a home or finance college, and their financial security are all at
very serious risk.
These are not ordinary circumstances, and if this economic
stabilization plan was nothing but a bailout for Wall Street bankers, I
would not have anything to do with it.
The only reason to support this action is to save ordinary Americans
from an economic disaster that they had absolutely no hand whatsoever
in creating. And to say that I am more than a little mad at this
situation--created largely by bad decisions of those in the subprime
housing market--is an understatement.
But if we are to take action, then it needs to put Main Street ahead
of Wall Street. This isn't about bailing out investment bankers; this
is about keeping the U.S. economy from entering a downward spiral. To
that end, any action we take must include the following: No. 1, limits
on executive compensation; No. 2, debt reduction; No. 3, congressional
oversight and transparency. And yes, of course, taxpayer protection.
With regard to executive compensation, if weak companies are seeking
Government assistance, the taxpayers should expect no less than a firm
limit on what kind of executive compensation might be possible for
those involved in these distressed companies.
Debt reduction. Any proceeds that are earned from the Government
buying these assets and then selling them in the marketplace must be
used to reduce the national debt. These revenues must not be used to
pay for unrelated and unnecessary pet projects.
Congressional oversight and transparency. Americans need to be able
to see how their money is being used and that it is being managed
wisely. We in Congress will watch where every dollar goes to ensure
there is no waste and no funny business.
Taxpayer protection. Americans have a right to expect that there is
no fraud or abuse. It is the taxpayer and the American economy we are
protecting, and we must take steps to ensure they are protected first.
The American people who were not involved in creating this situation
need to be protected from the mistakes of those who were. Main Street
needs to
[[Page 20743]]
be insulated from Wall Street. That is what this plan is meant to
accomplish. But we must insist on the protections I have just
enumerated.
Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. COBURN. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. COBURN. Mr. President, I ask unanimous consent to be recognized
for such time that I might consume in morning business.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
CONGRESSIONAL OVERSIGHT
Mr. COBURN. Mr. President, I wish to spend a few minutes talking
about a perspective that I think is lacking, and I hope we have an
opportunity to gain. I was intrigued and interested as I listened to
the senior Senator from New Hampshire explain to the American people
what actually is going on in terms of our financial system. I don't
believe there is anybody in the Congress, or anybody in the country,
who is happy about where we are today: contemplating putting the
Federal Government as the owner of a bunch of toxic assets that were
accumulated on the basis of greed, poor policy, bad management, and bad
regulation. I don't believe anybody is happy we are here. I don't
believe the regulators are; I don't think Members of Congress are; I
don't think people in this country are.
But from that, we can learn something. My worry is that we will not.
I heard this morning the majority leader--and I have a great deal of
respect for him--laying this all at the foot of President Bush.
Presidents can do very little other than what we let them do. When we
talk about the lack of oversight and regulation, the problem is, we
were not watching the regulators, and our constitutional duty is that
we should have been.
There is a lot of blame to go around--and it is not partisan--
Republicans and Democrats, the executive branch, even the judicial
branch in some of their rulings that created some stupid consequences
to things that were never intended by Congress.
But what we ought to learn, and what I think is most important is, if
you are an American right now and you are worried, you have a great
reason to be worried. It is not about some impending financial crash.
What you should be worried about is the Congress is not listening.
Let me explain what I mean.
We are going to finish at the end of this year with over $10 trillion
in debt. That is over $33,000 for every man, woman, and child. We are
about to pass some type of system to salvage credit liquidity in this
country that is going to cost another $2,000 to $3,000 per man, woman,
and child in this country.
We are going to have a continuing resolution that comes to this body
this evening or maybe tomorrow morning that continues to do the wrong
things that got us into the mess in the first place.
The financial mess we are in is because confidence in the country and
our response has been eroded. As I got on a plane to come back to
Washington, I talked with a businessman from eastern Oklahoma who has a
worldwide business. He talked about on August 20, he saw this
tremendous worldwide drop in demand for his product. It didn't have
anything to do with his product. It had everything to do with people
now worried about if they should hang on to cash because the economics
don't look good.
Whatever they do here, the No. 1 goal has to be reestablishing a
confidence in this country that, yes, we can have an economy that
works, we can rebuild faith in the financial institutions, and we can
do that, best of all, by not repeating the mistakes we have made in the
past.
To outline, the Defense appropriations bill has over $10 billion in
it for airplanes the Air Force doesn't want. Think about that. There is
$10 billion worth of airplanes in the Defense appropriations bill that
is going to pass that they are going to have to buy that they neither
want nor need. Why is that happening? Because we are putting local,
parochial politics ahead of the best interests of the country.
We are going to buy some ships the Navy doesn't want. Same reason,
different area of the country. But we are going to buy them because we
are going to put a parochial benefit to a Member of Congress ahead of
the best interests of the country.
There isn't a family out there who doesn't have to weekly or monthly
make hard choices about how they spend their money. We, unfortunately,
continue to make decisions on how we spend your children's money and
your grandchildren's money on a parochial or political interest that
benefits Members of Congress. That is what has to change.
If there is a lesson in what has happened to us in terms of the loss
of confidence in the financial system in this country, all I have to
say is Congress earned it. We created it. We expend 100 times more
effort trying to create new programs and new ways of spending than we
do managing the very Government you send us here to put under control.
I take the Constitution literally. It has a section in it called the
enumerated powers. It is article II, section 8. It spells out exactly
what the role of Congress is. If you look at how we got into this mess,
every example of that goes back to the fact that Congress is violating
what the Constitution says is our legitimate role, is doing something
that is outside the legitimate role, and we rationalized it for the
political benefits for either career politicians or party, one side of
the aisle or the other. That is why Congress has a 9-percent approval
rating, because we are more interested in us than we are the best
interests of the country. And it shows.
We have the financial debacle in front of us today to prove it.
Imagine what would have happened had Congress been aggressive in its
oversight. Imagine what would have happened after the failed attempt 4
years ago to try to put the controls of Fannie Mae and Freddie Mac that
we had a monthly hearing outlining the worsening--worsening--condition
so we could have avoided this situation. Instead of us doing that, we
did what was easy. We took the easy road, the wide road. We didn't do
what our oath calls us to do.
I think we are going to see some very different behavior when it
comes to us approaching the financial package that we are going to put
together that will enable an economic recovery in this country. I
believe you are going to see people vote for bills they basically don't
like because it is in the best interest of the country. My hope is that
when we do that, it would not be a one-time happening; that we will, in
fact, move back to the position to take a decision on how we vote on
something and not do a finger to the wind on how it looks back home or
how it looks for our political career but, in fact, look at the U.S.
Constitution and say: Does it square with that, and does it match our
oath to do what is in the best interest of the country? When we get
through with this exercise, as far as this economic recovery, I think
the country can once again maybe start to have confidence in Congress;
that we will, in fact, address the issue; that we will vote against our
political best interests, but we will vote in the best interests of the
American people.
Senator Gregg has outlined very eloquently what is happening, what
has happened, what the response has been thus far, and what needs to be
done in the future. If you have not heard him speak to this, I would
suggest my colleagues listen to him. You can get it, what he spoke
about this morning, before lunch, an understanding of what is necessary
to reestablish confidence. It is not a time for politicians to win, it
is a time for the American people to win. The only way they win is when
we put them first and us second.
Mr. GREGG. Will the Senator yield for a question?
Mr. COBURN. I will.
[[Page 20744]]
Mr. GREGG. Mr. President, I ask unanimous consent that at the
conclusion of the time the Senator from Oklahoma has used, I be
recognized for 10 minutes under morning business; and at the conclusion
of my time, Senator Alexander be recognized; and if a Democratic Member
wishes to speak, that they be inserted in the proper order.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. GREGG. Mr. President, I wish to congratulate the Senator from
Oklahoma. He has made an extraordinarily statesmanlike presentation.
This isn't about the politics of the day, it isn't about theater or
hyperbole. This is about how we maintain the integrity of the American
financial system so we have the necessary tools to make Main Street
solvent and prosperous so Americans don't lose their jobs, don't lose
their savings, and we have economic activity that continues. He has
stood and--in the face of what is some fairly intense criticism coming
from pundits who don't have a vested interest in the issue, other than
their desire to get ratings--made the very rational point that we need
to do this, we need to take action, we need to step outside the bounds
of politics, outside the bounds of theater, and we need to do it now;
that delaying this only will lead to significant problems.
So, first, I wish to say I have unlimited praise for the position the
Senator has taken, and he has not only done this in this Chamber but he
has done it in meetings with membership, and it has had a huge impact
on my colleagues because he is so highly regarded on the issue of
fiscal policy especially. But I guess my question is: We have Senator
McCain basically suspending his campaign to come back and try to work
on this, and Senator Obama has been very constructive. It is time to
move forward in a bipartisan way. Doesn't the Senator from Oklahoma
believe this has to be done in a bipartisan way and done in a very
timely way; otherwise, we will lose the opportunity to settle this
situation out, and we may see a disastrous event occurring which
affects every American's pocketbook and their lifestyle, basically?
Mr. COBURN. First of all, I thank the Senator for his comments, and
to answer him: What we saw on the market today, we saw a period of time
when there was zero interest on a 2-month T-bill. What that is saying
is people have lost interest on anything other than a government
security, and they are willing to give the Government their money for
that security with no interest. That is fear talking. What we have to
do is drive out fear. We have to drive back confidence.
So I believe, Senator Gregg, that we will see a bipartisan vote in
the Senate and the sooner the better. Because every day we are not
fixing this, it is costing jobs, it is costing the ability to promote
new jobs in our economy, and it is costing savings for those people who
are no longer working but living off retirement. So I feel this body is
going to stand and do the right thing.
I have been impressed with Senator Schumer, Senator Jack Reed, whom I
just saw. The questions he asked and the answers that were put forth by
both Secretary Paulson and Chairman Bernanke yesterday, I thought, were
right on the money. I don't think we are far apart. But even if we are
not far apart, we have to be able to do what is right and we have to do
it timely. We should not leave here. There should be no leaving and
coming back until this is solved.
Our future depends on what we do and how fast we do it. That doesn't
mean we should not do it right. It doesn't mean we shouldn't be
thoughtful about what we do. But the degree and the magnitude of this
problem is something I have never seen in my 60 years, and I doubt the
Senator from New Hampshire has ever seen it. Very few people in the
history of the world have ever seen the kind of risk this country is
facing at this moment.
So it is important it have nothing to do with Republicans or
Democrats; that it have nothing to do with the Presidential election;
that it have nothing to do with anything except the best interest and
the future of this country.
With that, I yield the floor.
The PRESIDING OFFICER. The Senator from New Hampshire.
Mr. GREGG. Well, Mr. President, I wish to continue the dialogue the
Senator from Oklahoma has begun because I believe it is critical.
There are times when our Nation faces a crisis of incomprehensible
threat--incomprehensible in terms of the size and the effect of it--and
at those times we have united as a nation. This is a time when we have
to do that. Most of those threats have been physical events, the most
recent being Katrina and, obviously, 9/11, and the attack on Pearl
Harbor. These were physical events that caused us as a nation to pull
together and act in an extraordinary way and as a government to do the
same. What we are facing is an event that will create a massive
disruption of our economy and will have a huge impact on individuals.
That is the point. People will be unable to get credit.
If you run a small mom-and-pop grocery store or a small business, and
this month or this week you don't make enough money to meet payroll,
you are not going to be able to borrow money to meet payroll, so people
will not be paid. If you have a child in college and you want to borrow
to keep them going in college, you are not going to be able to borrow
that money. If you have a house you want to refinance or add on to, you
probably would not be able to borrow to do that. The credit markets are
locked down and will lock up if we don't take some action to try to
relieve this pressure.
The important point is this action is not that expensive in the
context of the overall threat. The number $700 billion has been thrown
around. That is a totally specious number. Yes, that is what will be
borrowed, but it is not what it will cost us, because that money will
be used to purchase assets, and those assets have value and the
Government and the taxpayers will recover that value. The net effect of
that borrowing and the assets purchased, when they are resold, could be
zero, we could actually make money, or it may be $100 billion, which is
a lot of money, but it is certainly not $700 billion.
So in the context of what the initial cost will be, it will hardly be
anything on the deficit in the next year. It may be significant on the
debt but not on the deficit. The practical effect of that in the long
run will be that it would not be anything on the debt because the money
will be repaid through the selling of the assets that are purchased.
Compare that cost to what happens if we do nothing--if we have a total
destabilization of our financial houses, if banks start to fail, if
Main Street contracts, if people are put out of work, if revenues drop
dramatically. You are talking about lost revenues to the Federal
Government of an inordinate amount. You are talking about programs
which will have to be added to take care of people in dire straits of
inordinate amounts. I can't imagine what the cost would be if we went
through a dire recession or worse. But it would be huge--huge--and
dramatically more, by factors of multiples, multiple events compared to
what the cost is of trying to do something now.
The point is we have to do it quickly. This is understood, by the
way, by a lot of people around here. It is understood, fortunately, by
Senator McCain, who has said he is going to suspend his campaign to
come back and try to get this thing done. I believe it is understood by
Senator Obama. I have been totally impressed with his very mature and
appropriate response to this issue. I am hoping Senators McCain and
Obama can lead us, in a bipartisan way, to resolve this. I have also
been impressed with the leadership on the other side of the aisle,
especially the role taken on by Senator Schumer, who obviously
understands this intuitively and substantively, being from New York,
But also other Members on the other side of the aisle. I think Senator
Dodd, chairman of the Banking Committee has played a major role.
Obviously, he was extremely critical, he and Senator Shelby, in the
initial effort with Fannie Mae and Freddie Mac. Their work was
extraordinary.
[[Page 20745]]
So there is the core and the energy in the Senate to do something
aggressively, in a bipartisan way, and to do it right. I think the
point is we need to do it aggressively and do it right and do it now.
We can't wait.
I see my colleague, Senator Alexander, on the floor, and I know he
has a number of thoughts on this, and so I yield to the Senator from
Tennessee because he is a leader on this issue.
The PRESIDING OFFICER. The Senator from Tennessee.
Mr. ALEXANDER. Mr. President, I came to the floor to join with the
Senator from New Hampshire in congratulating the Senator from Oklahoma
for his statesman-like comments. And not just his comments on the floor
because those of us who know Senator Coburn know that what he says in
public he says in private and vice versa, and we respect his views on
fiscal matters. What he said was that we in the Senate have a
responsibility to make sure we do nothing to cause a crisis in
confidence, or more of one.
I thank the Senator from New Hampshire for pointing out to us that
when you say $700 billion or a trillion dollars, you are not taking
into account the real dollars--and I will not repeat his speech about
the cost. In fact, I will ask, if I may, a question of the Senator from
New Hampshire, and I will yield the floor for a moment.
We hear these numbers, a trillion dollars and $700 billion.
May I ask the Senator from New Hampshire through the Chair, what
would he guess the real cost of this economic recovery plan to be, this
Secretary Paulson plan that we hear about, based on what he knows now?
What does he suspect the real cost would be?
Mr. GREGG. Well, nobody actually knows, is the answer to that. But
there are some pretty good parameters you can put it within. We know
the Bear Stearns situation, which was $29 billion by the Fed, is
probably going to be a wash. We expect the AIG which again was the
Federal Reserve action, not coming off our Treasury books, which was
$85 billion--is probably going to be a winner. In other words, they
will get more money back than they are spending. Freddie Mac and Fannie
Mae, where we put up $200 billion, we essentially said we were willing
to put up $200 billion and give the Treasury Secretary that type of
authority. We have only spent $5 billion so far of that $200 billion.
That $5 billion will net out, so the total cost of that $5 billion is
going to be less than $5 billion, probably at the most maybe $1
billion, maybe $1.5 billion after you net out the assets.
So if you look at those parameters and look at the $700 billion
number, what we are going to be buying is assets. Think of it this way:
We are going to go out and buy a lot of cars that have been a little
damaged; some have been really damaged. The pricing we pay for those
cars isn't going to be what the person paid for them when they bought
them off the lot. It is going to be what those cars are valued as
damaged. There may be a premium, but I don't think it will be much.
Then we will take those cars and either repair them and resell them or
we are going to resell them, when the economy improves, as damaged
cars. People will want them because they are going to repair them.
In either event, we are going to get back a fair amount of the money
we invested because we have a physical asset. It is called a mortgage-
backed security, most likely, and we own it and we can resell it or we
can wait until it matures at face value and get the money back, having
bought it at less than face value.
I honestly believe, and my guess is--and everything is going to be a
guess, but my guess is the cost of this event will be less--less--than
the initial stimulus package which we passed around here, which was
$140 billion. That is a guess.
Mr. ALEXANDER. Mr. President, whatever the cost is, I do not want to
see the cost of what will happen if we don't take action in the next
few days. After you have lived a while, and after you have seen a few
things, you begin to make some decisions based not just on the heart or
the mind but on the gut. This is a gut decision to me, with a little
bit of experience thrown in.
When I was Governor of Tennessee in the mid-1980s, I had the
misfortune of presiding over a situation where we had 40 or 50 banks
that failed. I stayed up all night with Paul Volcker and watched the
Federal Reserve pull its credit for one of the banks in Knoxville. And
that set off a chain of events which, if it had been a national chain
of events, we would have seen 1,000 or 2,000 bank failures. That is
what we had to deal with.
That was a controlled, small event compared to what could happen if
we do not take steps to avert a credit crisis in the United States.
Last week, before Thursday night's events, I was at the Volkswagen
headquarter's opening in Virginia. I spoke with the credit manager
there for the part of the company that loans money to people who buy
cars, and said to me that he and people similar to him, even companies
that large, the largest European automobile maker, were finding it
difficult to get dollars.
What if General Motors Acceptance Corporation or Ford or Volkswagen
or Nissan Credit cannot go into the market to get some money? Then they
cannot loan me money to buy a Nissan or a Ford or a Saturn. If I can't
buy a car, then the new Volkswagen plant or the Nissan plant or the
General Motors plant that we are so excited about, doesn't have any
jobs.
I applaud Senator Coburn, I applaud Senator Gregg, and the Senator
from New Mexico, and the Republican leader here. Inaction is not an
option here. I can only speak for one Senator, but from what I have
heard on the Republican side of the aisle, we understand the
seriousness of this problem. From what I have heard on the Democratic
side of the aisle, most Democrats understand the seriousness of this
problem. We want to put our imprint on the proposal, but we want a
result. In my view, we must have a result to avert a set of events that
none of us would want to see.
For those watching the legislative process here in Washington, I want
to make it clear to them that in my view, and I believe the sentiment
of a great many Senators, is that we want and expect a result. We
understand the seriousness of the problem.
Mr. McCONNELL. Will the Senator yield for an observation?
Mr. ALEXANDER. Of course.
Mr. McCONNELL. I was listening carefully to Senator Gregg and the
Senator from Tennessee, Mr. Alexander, and Senator Coburn and I see
another of my colleagues here, Senator Domenici. Let me give a real-
world example from my State, information just received. Here is what
this particular company experienced today.
``We were informed''--I will leave out the name of the bank. ``We
were informed that an''--I will leave out the name of the county--
``industrial revenue bond issued last year could not be resold this
week in the market because of the freeze of the credit markets.''
Today. ``These tax free bonds totaling $10 million were issued last
year on a variable interest rate basis, secured by a full irrevocable
letter of credit from one of the nation's largest and most well
capitalized banks.''
No credit problem at all, but no lending--freeze credit. This crisis
we are all talking about here is not about a bunch of people on Wall
Street. It is about a bunch of people on Main Street, and whether we
are going to act on a bipartisan basis to restore confidence, restore
confidence in our country and to prevent what could be a major
catastrophic event.
Mr. GREGG. Mr. President, if the Senator from Tennessee would allow
me to express a question to our leader: The point the leader makes is
absolutely valid, but it is not unique to Kentucky. We are hearing all
over the country that municipal--communities are unable to roll over
their municipal bonds or are getting close to that threat. We have
heard about major corporations that have been unable to move cash into
franchises last week because the banks did not have the wherewithal to
move cash because of the threat and the pressure that was being put on
their money market accounts, which they had to protect and defend.
[[Page 20746]]
As you say, this is not a Wall Street event. This is going to be a
Main Street event. People are going to be put out of work, they are
going to lose their jobs, there is going to be a huge disruption. The
potential for economic disarray is unprecedented.
I think it is very appropriate that the Senator from Kentucky, as the
leader, has pointed out a very real-world event here because this is
real-world stuff. This is not theory.
Mr. ALEXANDER. Mr. President, I see the Democratic whip here and I am
glad to have an opportunity to make this point while he is here, since
those of us on this side are Republicans.
I applaud the reaction of Senator Obama to this economic crisis. It
is a Presidential reaction. It is restrained. It leaves room for
discussion and it recognizes the problem.
I applaud Senator McCain's decision to involve himself, if he can, in
a solution to the problem. That is the kind of leadership we should
expect of both men, both of whom are Members of this body.
I can't emphasize enough how much I believe this situation cries out
for measured but urgent reaction, in a bipartisan way, by the Senate.
Because, as all the Senators have said, if it were Wall Street, we
could leave them to pick themselves up. But we are talking about
whether you can get a student loan, whether you can get a car loan,
whether you can get an auto loan, whether your money market account is
safe, and whether you have any money on the block. That is the
potential impact of what we are talking about and we need, within a few
days, to take the kind of decisive action that builds confidence in our
country.
I yield the floor.
Mr. DOMENICI. Mr. President, I wanted to indicate if the minority
leader chose to speak I will yield now and wait my turn.
The PRESIDING OFFICER. The Republican leader is recognized.
Mr. McCONNELL. In addition to Senator Domenici, we have the ranking
member of the Joint Economic Committee, I see, standing in the back. If
it is all right with the senior Senator from New Mexico, I suggest that
Senator Brownback go right ahead.
The PRESIDING OFFICER. The Senator from Kansas is recognized.
Mr. BROWNBACK. I thank my colleagues and the Senator from Kentucky
for giving me a couple of minutes. The reason I wanted to take that is
we had Chairman Bernanke in front of the Joint Economic Committee this
morning for a couple of hours. Chairman Bernanke is also not only a
student but a scholar of the Great Depression. He has studied this a
great deal. I got to ask a question of him, as several other people did
as well: When he looks at this situation, what similarities or
dissimilarities does he see?
He was very forthcoming with his comments this morning. He said of
course our financial markets are far more complex now than they were
during the period in the 1920s and the 1930s. But the same sort of
systemic thing that grabbed hold and made that one of the key problems
that made the Great Depression the length of time it was, was the
credit markets froze up. Then they didn't respond and they didn't open
up.
While the market is far more complex today and people in the 1920s
and 1930s wouldn't recognize this financial market for what it is on
its complexities and derivatives and other things, they would recognize
the feature of market credit freezing. He was all but saying that right
now we are in a negative growth month or two; it could well be the
quarter we are in. If you do not unfreeze these credit markets at this
point in time, you are going to go into a lengthier, deeper recession
that is going to take place because the credit is what allows small
business to get loans to grow and what allows people to get student
loans to go to college. It is what lubricates and lets the system grow.
We are already in a weakened economy. You go ahead and constrict that
credit and then don't put the mechanism in place to release and let
that credit flow again, you are going to further jam down this economy
and you are going to have a longer term, much more difficult situation.
This is a guy who is not just a student, he is a scholar on the Great
Depression in this country and the depressions that have happened in
other countries. I think we should listen to him.
In a real respect, we have--people may not agree with the situation
on the war in Iraq, but we have General Petraeus, who was the general
who led the turnaround, and General Odierno, who was there with them,
and it was the A team that was there, and we put them on the field and
they put forward a plan and the plan worked.
I think we have the A team on the field now in Secretary Paulson and
Chairman Bernanke. I do not like the idea of what is being talked
about, but what they are saying is, if you do not do this and you leave
these credit markets locked up or stymied a great deal, you are going
to push this recession, in an economy that is soft, into a longer,
deeper recession. This is not the way any of us wants to go.
I do not know what the plan actually is that we need to pass. There
are some changes I think we need to do in what is being proposed,
changes that are very important for us to do. But the option of doing
nothing is not an option. That has a huge number of problems for Main
Street America in the time we are talking about here. I think we do
not. The option is we have to act and we have to act right and we need
to do so quickly so we do not have this further impacting people in a
negative fashion.
I thank my colleagues for allowing me to share that with them.
I yield the floor.
The PRESIDING OFFICER. The Senator from New Mexico.
Mr. DOMENICI. Mr. President, first I want to say how proud I am to
see Senators on the floor, and others I have spoken to in meetings,
speak up on this issue. I particularly commend the former chairman of
the Budget Committee, Senator Judd Gregg. Senator Gregg, I was chairman
of the committee when the Resolution Trust Corporation--another one of
these where a group of banks, called savings and loans, were going
broke and the Federal Government had to step in. I recall having gone
through what you are going through. What is the real value? How much is
the real cost?
I do laud your statesmanship and your ability to tell it to us the
way it is. I thank you for it. I recommend you make your expertise
available to the Senate because this is not a Republican issue, this is
an American issue. The facts as you know them are as important to
Democrats as they are to us.
I commend you for that, and our leader, who made a forceful statement
today that delays are not the order of the day, that something must be
done.
I talk of this issue--I have spoken two times or three times for at
least 10 minutes on the issue and never once in those speeches did I
mention ``Wall Street'' or ``bailout,'' because I think it is neither.
It has nothing to do with either of those. Wall Street is a location.
As far as a bailout, this has nothing to do with Wall Street. The
credit market of the United States, that which makes money available
day by day to the people of our country for any and everything--their
car, the new car they bought, the house they added on to that they want
to pay for--anything you want to think of that requires the exchange of
money or the payment of something by a check, all of this requires
liquidity. It requires that money move. When money is stopped, the
whole thing stops.
The best that we have in America, the two men representing the
executive branch, I think are as good as we could have. They are
telling us they have a way to attack that problem and perhaps come out
of it without having to spend all the money we put up, that we will let
the Treasury Department use to try to buy these assets that are
stopping up things and take them to the trust corporation and see what
happens over time.
In the meantime, the money for Americans must be loosened. That is
the whole issue. I am glad we are talking about it forthrightly and
honestly and that each Senator who has spoken
[[Page 20747]]
has spoken of the fact that we ought to get this done as soon as
possible. Time is hurting Americans, and the longer we wait the more
difficult it gets for us to get it done.
I also laud the two candidates for President. It is no use running
for President of the United States if, when you get there, America has
gone bankrupt or is in the middle of a recession so big that it
approaches a depression.
From my vantage point, things are not going to get better until we do
something rather extraordinary. Two experts have told us what that is.
They have a plan. I don't have a plan. I hope other people don't have
plans. I hope we build on the plan submitted to us.
With that, I will yield the floor. Once again, I thank Senators who
have had the courage and the will to understand that this is a big
American problem requiring big actors who are not worried about their
reelection but worried about America's future.
I yield the floor.
The PRESIDING OFFICER. The assistant majority leader.
Mr. DURBIN. Mr. President, late last night, about 11:30 p.m., I
received an e-mail on my BlackBerry from my fellow Senator from
Illinois, Senator Obama. He said he needed to talk to me. I called him
this morning, reached him at about 8 a.m. this morning, and we had a
conversation. He said: I am going to call Senator McCain and I am going
to suggest to him that we both come out with a joint statement saying
that Congress should respond as quickly as possible to deal with the
economic challenges facing the United States and that we should find a
solution which includes four basic principles: Make certain there is
transparency there so we know there are conflicts of interest, that
they will be dealt with.
Make certain you protect the taxpayers; give a helping hand to the
homeowners facing foreclosure; and do something about the issue of
executive compensation.
He said: I have said these publicly. Senator McCain has said these
publicly. I think it would be a healthy thing for the American
political scene and the economy for us to depoliticize this situation,
to take the partisan politics out of it, and to issue this joint
statement. He asked me for my reaction, and I said I thought it was a
good idea.
At 9 o'clock this morning, Senator Obama made that call to Senator
McCain, and Senator McCain returned the call at 12:30, a few hours
later. I think they have issued that statement, and it is a positive
one. It puts in perspective the seriousness of the challenge we face
and establishes core principles we should follow to try to resolve it.
Other things have happened since. There has been a suggestion by
Senator McCain that he is going to suspend his Presidential campaign
and come back to Washington. He can make that decision if he chooses
to, but I think the honest answer is, he will be bringing the
Presidential campaign with him to Washington. I am not sure that is
going to help create a positive bipartisan or nonpartisan atmosphere to
solve the problem.
I think we understand what faces us here, the challenges we face. I
think we also understand that it is best for us to meet in serious--
maybe even behind doors--closed-door meetings, and come up with a plan
that is bipartisan, that the administration agrees with and a majority
in Congress will agree with on a bipartisan basis. I think we should go
forward.
During the course of the last statement by several of my Republican
colleagues, two of them came over to say to me: This really isn't
political; we really think we need to work to find a solution. I
couldn't agree more. We need to work to find a solution, and a good
one.
Let's remember where we are. It hasn't been 72 hours since we have
seen the administration's proposal giving the Secretary of the Treasury
$700 billion--more money than ever allocated in the history of our
Republic--with virtually no strings attached. There are many of us who
think we need to be more careful--we need to be decisive, but we need
to be thoughtful as well. I heard Senator Dodd, as chairman of the
Banking Committee, say: Speed is important, but getting it right is
more important. And I think he is correct. We need to stick with this,
roll our sleeves up, and try to find an answer.
I will tell you, we do it in a very highly charged political
atmosphere. I have spoken to my colleagues, Democrats and Republicans,
whose e-mail and phone responses to the bailout proposal Secretary
Paulson has brought forward are overwhelmingly negative. It is a
charged political atmosphere. Bringing a Presidential campaign into
this atmosphere is not going to make it easier or more likely that it
will come to a good ending.
I think we need to do this in a thoughtful, quiet, and sensible way.
I think the joint statement by Senator Obama and Senator McCain set the
right tone, depoliticizing it at the Presidential level, and now we
need to roll up our sleeves and go to work. Bringing all of the lights
and cameras to Capitol Hill, bringing the Presidential campaign here is
certainly not going to be the answer.
I also remember that we have one of the most important events before
us this Friday night: the first Presidential campaign debate. I think
these debates will be widely followed by Americans across the board,
who will measure the major candidates and make their decisions. The
American people are entitled to that, and we need to move forward to
make certain those debates take place so that at the Presidential and
Vice Presidential level voters can take their measure of the
candidates.
But now we need to roll up our sleeves here as Members of Congress
and the Senate and work to find this bipartisan answer. I hope we can
do that, and I hope we follow the four principles which Senator McCain
and Senator Obama announced today.
____________________
ORDER FOR RECESS
Mr. DURBIN. Mr. President, I ask unanimous consent that the Senate
recess at 4:45 p.m. today subject to the call of the Chair.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator from Tennessee is recognized.
____________________
WORKING TOGETHER
Mr. CORKER. I would like to follow on with the assistant majority
leader's comments and say that I agree that we need to gather to solve
this problem. And I sense, from the administration and in 5 hours of
banking hearings yesterday and phone conversations I have had
throughout the evening last night and today, I sense a willingness to
alter the plan in such a manner that accountability, that those kinds
of things, oversight and other matters we want to address are
addressed.
What I would say to the assistant majority leader and to others who
want to see something happen is, let's work through the weekend. Let's
not have some artificial deadline of leaving here Friday until we get
it right.
I think there has to be a structure that comes together very soon
that allows both the House and the Senate to be negotiating together. I
think the worst that could come out would be for one body to send to
another body a message and then that be the vote. The assistant
majority leader and others who are in the leadership here, I hope what
you will do is bring us together as two bodies to try to solve this
extraordinary problem together.
I have a lot of people in Tennessee who are very frustrated with what
has happened on Wall Street. I understand that frustration. I realize
there have been lots of excesses there that need to be punished and
penalized, but the fact is that Wall Street is inextricably tied to
Main Street.
I am also getting calls throughout the State of Tennessee from
businesses, from people involved in small businesses, people who are
involved in household issues, who are having very difficult issues with
getting credit.
So what I would say is, look, I think all of us agree that something
needs to occur. I think all of us agree that something drastic needs to
occur in order to jolt this system. There is a lot
[[Page 20748]]
of debate over what is the right and wrong thing to do, but I believe
we as a body should be responsible. I believe we should come together
as two bodies, with the leadership of both bodies working together to
try to get this legislation right.
The hearings that are taking place today in the House have been most
illuminating. The 5-hour session we had yesterday in Banking was most
illuminating. Most of us have been able to spend time with Chairman
Bernanke and Secretary Paulson to talk through this issue.
One of the responsibilities and privileges we have here in the Senate
is that we have access to information most people throughout the
country do not have access to. People ask us to make judgments, to use
the wisdom we garner from talking to these people to try to do the
right thing for our country, and I hope that sometime between now and
Sunday we will come together, solve this problem, do so in a way that
is prudent for our country, that protects our taxpayers but at the same
time causes the financial system in our country to operate as it
should.
I want to mention one other thing. If we do this correctly, which is
what I have been trying to encourage--I know the President has done the
same thing in hearings yesterday--if we do this correctly, the money,
whatever money that is expended, is actually something that is an
investment. These securities Secretary Paulson is talking about
investing in have a market value. If they can set up a mechanism to buy
these at proper value, the taxpayers will, in fact, have a return.
I believe that whatever we do is not going to be 100 percent correct.
We will make mistakes. We will look back on whatever it is we pass in
the next week or so and we will realize we had some issues that were
not dealt with properly. But I do think it is incumbent upon us to work
until this is done.
I think the markets are watching us. I think actually that while we
might have taken another week or two to solve this problem, an
artificial line has been drawn in the sand for this weekend because the
markets now expect us to do something. And I want to say to the
assistant leader, to our minority leader, and to others who have been
on the floor that I certainly stand ready and available to work with
others, to work with people on both sides of the aisle and in both
bodies to make sure we solve this problem, we solve it prudently, and
we do so in a timeframe that allows our financial markets to get back
to somewhat normal operations as soon as possible.
I yield the floor.
Mr. AKAKA. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. SALAZAR. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
TRIBUTE TO RETIRING SENATORS
Mr. SALAZAR. Mr. President, I wish to make a few comments about some
of our departing colleagues who will not be joining us for the next
session of Congress. They are great colleagues, people whom I have
enjoyed working with in my 3\1/2\ years here in the Senate. They
include Senator Allard from Colorado, Senator Pete Domenici from New
Mexico, Senator John Warner from Virginia, Senator Chuck Hagel from
Nebraska, and Senator Larry Craig from Idaho.
A quick word first about my colleague and the senior Senator from
Colorado, Mr. Wayne Allard. He has served the State of Colorado with
distinction. In the days before he came to the Senate, now almost 12
years ago, he also served the people of the State of Colorado in the
general assembly. I had the opportunity then to watch him work on
matters ranging from education to protecting-the-water issues in the
State of Colorado. I know well that he has been a strong voice for the
State of Colorado and know that his services here, including the
services of his acting as a veterinarian for colleagues like Senator
Kennedy and his dogs, are something that will be missed. I have enjoyed
very much the time I have spent working with him on matters of mutual
and common interest to the State of Colorado. I wish him well.
Pete Domenici from New Mexico, the senior Senator from New Mexico, is
one of the Senators here who comes from the same place my family came
from many generations ago.
His constant reminding me of the beauty of the Land of Enchantment
and his work on behalf of securing an energy future for America is
second to none. We will be missing him also in terms of his major
contributions to the Energy Committee. He also has done a lot with
respect to a whole host of other issues, too many to mention, but in
particular I want to mention his work on the mental health parity
initiative which would not have happened without his leadership. We
were successful in getting mental health parity in legislation we
passed in the Senate yesterday, and it was in large part because of his
passion and willingness to work hard on a bipartisan basis to bring
people together to help create that achievement.
I want to say a word about my very good friend, Senator John Warner
of Virginia. I often call him Moses because, as we have debated on the
floor of the Senate over the last several years on one of the major
issues of our time, the issue of war and peace and how we create a
framework for a more peaceful world for our generation and those to
come, it has often been Senator Warner we have gone to to get direction
and counsel on how we might move forward. I had the opportunity of
traveling with him to Iraq and Afghanistan and other places along with
his very good friend, Carl Levin, chairman of the Armed Services
Committee. The friendship between the two of them, between Senator
Levin and Senator Warner, is one that exemplifies the types of
relationships that are important for this Chamber and for the good of
America. I will miss my good friend, Senator John Warner, the man I
call Moses, because of his willingness to try to bring people together
to try to resolve major and difficult issues that face us in America.
Senator Chuck Hagel from Nebraska has likewise been one of those
voices of independence, putting public purpose above partisanship and
being a great example for all of us in doing so. He has some deep
connections in Colorado, including his sister Claire who lives in
Colorado, and his family whom I have met over time. Even though he
teases me occasionally on the battleground between Nebraska and
Colorado with respect to the Nebraska Cornhuskers and the University of
Colorado Buffaloes, he has done a remarkable service in the Senate as a
great Senator and someone whom I will sorely miss.
Finally, Senator Larry Craig from Idaho has been a champion for
agriculture and rural issues and for western values. When, yesterday,
we were able to pass the payment in lieu of taxes, secure rural schools
act, on which Senator Wyden and others had worked so hard, it was
Senator Craig who helped make sure at the beginning that payment in
lieu of taxes, which is so important to the Presiding Officer's State
and my State of Colorado, were, in fact, on the radar screen of
Washington, DC. Sometimes those issues that are unique to the western
part of the United States are not heard in the Halls in this Capitol.
Senator Craig was an unrelenting advocate for making sure those western
issues were, in fact, not forgotten by those of us who are here who
have an ability to cast a vote.
I will miss my five colleagues. All of them are Republicans who are
departing. Many of them brought a true spirit of bipartisanship and
working together, which is worthy of the emulation of many Members of
the Senate who will serve in this Chamber in the next Congress and in
many Congresses to come.
I yield the floor.
The PRESIDING OFFICER. The Senator from Hawaii is recognized.
[[Page 20749]]
____________________
UNANIMOUS-CONSENT REQUEST--S. 1315
Mr. AKAKA. Mr. President, I ask unanimous consent that the Chair lay
before the Senate a message from the House on S. 1315, the Veterans
Benefits Enhancement Act; that the Senate disagree with the House
amendment, request a conference with the House on the disagreeing votes
of the two Houses, and the Chair be authorized to appoint conferees on
the part of the Senate.
The PRESIDING OFFICER. Is there objection?
The Senator from North Carolina.
Mr. BURR. Reserving the right to object, I ask my distinguished
friend, the chairman, a question. It is my understanding that included
in the fiscal year 2009 VA appropriations conference agreement is
language denying the use of appropriated dollars putting into effect a
repeal of the Hartness v. Nicholson decision. That is an agreement that
has already been made.
As the chairman knows, this is the offset that is used in S. 1315 in
order to fund all the entitlement spending in the bill for Filipino
veterans. My question to him is, what is the point in us going to
conference on a bill if the only available offsets have been pulled off
the table from the standpoint of us using them in S. 1315?
Mr. AKAKA. As my friend and colleague knows, the appropriations
measure is not yet law. And even if it were, there are various options
available to the Veterans' Affairs Committee. So I urge my colleague to
join me in seeking a conference on S. 1315. Together we can decide how
our committee and the authorizing committee in the House can deal with
the concern about the Hartness case.
Mr. BURR. Continuing my reservation of objection, it seems to me that
any conference wouldn't move because it would not meet pay-go. The pay-
go compliance doesn't exist. It doesn't make sense to proceed to a
conference. The chairman and I had a lengthy debate as it related to
this benefit. It disturbs me that we are on the floor of the Senate
once again talking about the benefit at a time when we are talking
about a financial crisis. It is also my understanding that the House
continuing resolution will have $200 million that goes to the benefits
of Filipino veterans with money that has been pulled from somewhere yet
unknown.
So with all the respect that I have for the chairman, I object at
this time to moving to conference for the simple reason that this issue
will be resolved a different way, but, more importantly, pertinent to
S. 1315 the mechanism is already in place that takes away the funds
that are used to fund this expansion in S. 1315.
The PRESIDING OFFICER. Objection is heard.
The Senator from Hawaii.
Mr. AKAKA. Mr. President, I am disappointed and somewhat surprised
that objection has been made on this motion. I must tell my colleagues
that I have deep respect for my friend and colleague and my ranking
member. I respectfully say that this objection is one that disappoints
me, but it has been made to this motion. The intent of the motion is to
create a mechanism by which there might be further action on this very
important veterans legislation before the Congress goes into recess.
Last week, when I sought a UC with reference to this legislation, I
did so by seeking to utilize an unrelated House bill as a vehicle to
create a conference. In objecting to that approach, the Senator from
Idaho said my approach was a tactic he hoped we would not use to
address this important issue. He objected. While I did not agree that
this tactic was inappropriate, given the lack of action in the House on
S. 1315 at the time, I recognized the merits of the Senator's position.
Now, however, the motion is to use the same bill, S. 1315, as passed
by both Houses. That is, in fact, the normal process, the regular order
for resolving differences between the Houses. I addressed the Senator's
concerns and am disappointed to see his Republican colleague objecting.
I wish to remind my colleagues this bill passed the Senate by a vote of
96 to 1. Surely there must be some willingness to stand by the Senate
position, to validate the Senate's action.
As I noted last week, this bill would improve benefits and services
for veterans, both young and old. There are many provisions that
address a broad range of veterans benefits. This bill deserves to be
resolved and brought to a final vote. I realize there is some
opposition to the provision which allows this legislation to meet pay-
go requirements through the legislative reversal of a case known as
Hartness.
According to the one veterans organization that has expressed its
opposition, the concern is not over the merits of the court decision.
They simply oppose this effort to correct a mistake. The court's
decision resulted in veterans receiving an extra pension benefit based
solely on their age. This is not what Congress intended. I have not
seen any analysis of the legislative history that supports that result.
The purpose of the provision in S. 1315 is simply to restore the law
to what it was supposed to be. Those who have characterized it as an
attempt to withdraw benefits from deserving veterans and grant them to
undeserving veterans are simply not fairly describing the legislation.
The Hartness decision is wrong and should be overturned. How the
savings of that action are treated is a fair subject for debate, and I
believe we should have that discussion in the context of a conference
between the two Veterans' Affairs Committees. I again ask, as I did
last week, that the Senator, or Senators, who object to this request to
set up a conference with the House advise me of the concerns and see if
it might be possible to find a way forward. I am very committed to this
legislation and would like to see if we can reach final action before
we recess. If we are not able to do so, I intend to renew my efforts in
the next Congress.
I yield the floor.
The PRESIDING OFFICER. The Senator from North Carolina.
Mr. BURR. Mr. President, I thank my friend, the chairman of the
Veterans' Affairs Committee. Let me add for purposes of my colleagues
that all the benefits incorporated in S. 1315 that do not have
mandatory spending implications have been negotiated between the House
and the Senate and are part of another benefits package that I hope
will move through the Congress. If there were a conference on S. 1315,
the conference would be about only mandatory spending provisions,
including mandatory spending for Filipino veterans. The chairman and I
have debated this in public, and we are on two different ends. We have
done that with civility and I have tried to do it and he has tried to
do it with passion and with facts.
At the end of the day, I will lose. There will be a special pension
that is created out of the continuing resolution. It will be funded
with money that is pulled out of the sky, which we do regularly in
Washington.
The House has spoken about the Hartness decision and the fact that
they did not want to use that money. I think my chairman will get the
benefit he is looking for in the continuing resolution. But for the
purposes of those things that affect our veterans that do not require
an offset, we did not wait to see the outcome of this bill. We have sat
down and negotiated with the House Veterans' Affairs Committee,
Republican and Democrat. We have put those additional benefits for our
veterans into a benefits package that I feel certain will pass by
unanimous consent.
So there is still a disagreement the chairman and I have relative to
this new special pension. But at the end of the day, there will be one,
assuming there is a continuing resolution, that is passed. It will not
be funded out of the Hartness, which is the preference of the House. As
a matter of fact, it will not be funded at all. We will pull it out of
where we typically pull money, and that is the pockets of future
generations of American people.
I thank the Presiding Officer and yield the floor.
[[Page 20750]]
____________________
RECESS SUBJECT TO THE CALL OF THE CHAIR
The PRESIDING OFFICER. Under the previous order, the Senate stands in
recess until the call of the Chair.
Thereupon, the Senate, at 4:45 p.m., recessed subject to the call of
the Chair and reassembled at 8:48 p.m. when called to order by the
Presiding Officer (Ms. Cantwell).
____________________
HONORING RALPH ROSE
Mr. McCONNELL. Madam President, I would like to take a moment to
recognize one of our Nation's heroes from World War II. I am proud to
say that he is a resident of my home State of Kentucky. His name is
Ralph Rose. Mr. Rose is being honored in a Veterans Day ceremony in
Hardinsburg, KY, this November for his heroic action in defense of our
Nation and for his continued service to veterans in the local
community.
Mr. Rose was born in Mystic, KY, in 1922. He entered the U.S.
military at age 20. During his time in the Armed Forces, Mr. Rose
served in General Patton's Army and fought the Germans in France. But
on a fateful night, Mr. Rose and several of his fellow soldiers were
captured by Axis forces. He was held as a prisoner of war for more than
8 months until the Allies occupied Munich.
Mr. Rose suffered unimaginable hardships at the hands of the enemy,
but by all accounts, he does not dwell on them. In fact, he has said
that if given the choice to serve in the Army again--even knowing what
he would have to endure as a prisoner of war--he would have done the
same thing.
As a true testament to his dedication to the Armed Forces, Mr. Rose
continues to serve his country by helping and inspiring other veterans
in the Commonwealth.
There is a special flag that honors our American heroes like Mr.
Rose. It is called the Prisoner of War/Missing in Action flag, and it
has a simple statement at the bottom: ``You are not forgotten.'' Just
as surely as that flag sits outside my office each day, I can guarantee
you that those whose lives have been touched by Mr. Rose will never
forget the sacrifices he made to keep our Nation free and prosperous.
____________________
HONORING THE 3RD BATTALION, 320TH FIELD ARTILLERY REGIMENT
Mr. McCONNELL. Madam President, I would like to take a brief moment
to recognize the men and women of the 3rd Battalion, 320th Field
Artillery Regiment and its subordinate units. The battalion has been
assigned to Fort Campbell since 1986. Since then, it has been deployed
in support of various military operations around the world--including
its current mission in support of the global war on terror.
In November, the members of the 3rd Battalion, 320th Field Artillery
will return home to Fort Campbell, to their eager families and to a
grateful Nation after 15 long months in Iraq. During their deployment,
these brave Americans fought our enemies in one of the most dangerous
sectors of southern Baghdad. They also spent months training their
Iraqi Army counterparts so that one day Iraq may be able to enjoy the
same security we have here at home.
Freedom is something many of us take for granted. Not so for the
members of the 3rd Battalion, 320th Field Artillery, who have defended
freedom by enduring great hardship. The same is true of their families,
who have also sacrificed for freedom with sleepless nights and fear for
the safety of their loved ones. As Americans, we are forever indebted
to those in the military community who have given so much to protect
our liberty and our way of life. I ask my colleagues to join me in
thanking the men and women of the 3rd Battalion, 320th Field Artillery
for their heroic service and in welcoming them back home.
I also ask unanimous consent to have the names of these brave
Americans printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Sgt Shane Michael Adams; 1Lt Nicholas Lawrence Albright;
Sfc Bradley William Amstutz; Sfc Michael David Andrews; Spc
Harold Gene Barnes III; Spc Robert Carlton Beardsley; Ssg
Philip John Belmont; Sgt David Frank Benoit, Jr.; Sfc Shaun
Edward Benoit; Maj Carl Lawrence Bergmann; Pfc Joshua Keith
Brakefield; Sgt Robert James Bronson; Sgt James Deon Brown;
Ssg Marco Maurice Brown; Cpl Jeremy Thomas Burch; Spc Steven
Henry Burtis; Cpt Jose F. Cepedaramos; Sfc Donald Ross
Chambers, Jr.; Ssg Jervey Ismail Chisholm, Jr.; Sgt Christian
Clermont.
Sgt William Russell Cox III; Pfc Alex Bryan Craig; Sgt
Carlos Rosheen Davis; Spc Omar Balero de Soto; Sfc Jose Angel
DeLeon; Pfc Seth Francis Duke; Spc Christopher James Dunn;
Ssg Rafael A. Echevarriacosme; Sfc Jerald Keith Ernest; Sgt
Matthew Jude Falanga; Pfc Christian Lee Feist; Sgt Gary
Albert Ferrell; Pfc Joshua Ray Flenoid; Spc Jose Francisco
Fonseca; Spc Donavon Taylor Fox; Sgt Peterson Marshall
Gangwer; Spc Maurice Jerome Gilliard; Sgt Erik Omar Gomez;
Pfc Jesus Leopo Gonzalezcorella; Sfc Jeffrey Lee Goulet.
Spc Travis Martin Greene; Spc Jarod Wayne Grimes; Msg
Richard Eric Harbor; Pv2 Joshua Evan Hardy; Sgt Michael Ray
Hawk; Pfc Jeffery Daniel Haynes; Spc Germaine Adam Haywood;
Spc Colton Lee Helps; Sgt Donald August Henggeler; Sgt Andrew
Joseph Hershey; Sgt Jonathan Paul Hess; Sfc Zackery Devele
Hicks; Sgt Steve Joel Holiskey, Jr.; Cpt Michael J. Horne;
Cpt David Arthur Howald; Ssg Daniel Howell Howard; Sgt
Brandon Tyrone Howell; Spc Jeremy Isaac; Sfc Michael Dale
Jenkins; Sgt John Robert Logan Jones.
Pfc Rajan Karki; Sgt Michael Benjamin Kaufman; Ssg Brent
Alan Keeton; Maj Richard Robert Kelling; Pv2 Louis Eugene
Kohler; Cpt Jeffrey S. Kudary; Spc James Joseph Larocco; Sgt
Jun Wai Lee; Spc Michael David Lee; Sgt Kwisi Wayne Lewis;
Spc Isaias Lopez; Cw2 Bennett Fielding Love, Jr.; Sgt
Jonathan Machado; Sgt Brandon Lawrence Maybush; Pfc Michael
Patrick McNamee; Ssg Adam Terrell Mealor; Spc Samuel Elijah
Miles, Jr.; Ssg Michael Brendan Moriarty; Pfc Clayne Conally
Moss; Cpt Brian Everett Murphy.
Cpt Benjamin Eric Neusse; Pfc Michael Edward Oberkrom; Pfc
David Eduardo Parra; Pfc Nicholas Andrew Partida; Sgt Jesse
Robert Patterson; Sgt Nathaniel Norman Patterson; Ssg
Christopher Lee Pelfrey; Spc Reginald Lamarc Pendergrass; Pv2
John Michael Phillips; Sgt Kurt Glenn Pittman; Spc John
Albert Pollock, Jr.; Sgt Jonathan Thomas Porter; Cpt
Christopher Michae Prevette; Ssg Tony Van Quach; Cpt Rimas A.
Radzius; Sfc Scott Anthony Ramsdell; Sfc Franklyn Roy
Richards; Pfc Maxwell Adamdavid Rockwell; Ssg Jorge Luis
Rodriguezramirez; Sgt Alexander Dustin Rudasi.
Cpt Brandon Douglas Rumbelow; Ssg Brandon Michael Sanders;
Spc Daniel Laron Saunders; Ssg Gregory Nichola Scarborough;
Cpt Dwight Robert Smithbarrow; Ssg John Mark Springer; Pfc
Alexander Phillip Stewart; Spc Leo Franklin Stewart; Pfc
Steven Andrew Stillwell; Sfc Patrick Byron Stivers; Sgt Craig
Michael Storkamp; Pfc Zachary Allen Suarez; Spc Chee Fong
Tam; Spc Jeffery Lewis Tanner; 1Lt Daniel H. Tenhagen; Sfc
Bryan Lee Thomas; Cpt Benjamin Lawrence Torpy; Pfc Matthew
Nicholas Tracy; 1Sg Edward John Tushar, Jr.; Ssg David Garth
Vankuren.
Sgt Ranfly Vazquez; Pfc Steven Michael Vazquez; Sgt Rogelio
Velazquez, Jr.; Msg Steven Robert Veteto; Spc Catarino
Alexand Villanueva; Sgt Matthew Alan Wacholtz; Spc Kevin
Dwayne Walker; Csm Mike Wayne Watkins; Spc Frank Epine
Wilson; Pfc Joseph Lee Wright; Ltc William Hill Zemp; Sgt
Enrique Zuniga, Jr.; Spc Nathaniel Jay Badders; Pfc Daniel
Brian Bates; Sgt Joseph Dowling Beck; Sgt James Aldo
Benozich; Sgt Erwin Eduardo Beroncal; Ssg Nathaniel Jamal
Blizzard; Sfc Robert Patrick Brady; Spc Daniel Parker Brooks.
Sgt Rickey Donele Bynum, Jr.; Sgt Marco Antonio Canaza; Sgt
Mario Rafa Castillomartinez; Pfc Mark Alan Crisler; Sgt
Rodney Lee Crisp; Spc Robert Allen Davis; Cpt Michael Thomas
Denison; Sgt Daniel Garcia; Pfc Adrian Mathew Gonzalez; 1Lt
Bronson J. Hayes; Spc Ryan Francis Matthew Hill; Pfc Tony Lee
Hinkle; Sfc Kenneth Ray Hipes; Spc Matthew Stewart Hirschman;
Spc Ronald Joseph Holland; Spc Brentoin Andrew Huhn; Sfc
James Edward Jorgensen; Cpt Robert Shane King; Sgt Stephen
Jarod Laeger; Spc Timothy Lee Lancello.
Spc Hector Manuel Lugo; Ssg James Eugene Lutz; Sgt Ian
Stanley Neil MacNeil; Sgt Tommy Glen McElwrath, Jr.; Spc
Nicholas Miller; Spc Ismael Dejesus Pagan; Pfc Cody James
Payovich; Spc Daniel Leon Petterson; Spc Adam Charles
Planner; Spc Michael Christophera Pruitt; Spc Darryell Wayne
Rash; Sgt Jason Scott Reese; Ssg Philip Lee Schoenauer; Spc
Gerald Alan Smith; Ssg Aaron David Snyder; Ssg Charles
Derrick Spires; Sgt John Matthew Taylor; Spc Randall James
Thompson; Sgt Joel Lucas Trainor; Sfc Jorge Leonardo Vera.
Ssg Robert Prentice Waller; Sgt Martin Fallon Young; Pfc
Jeremy Seth Ables; Sgt Jacob Brandonkeith Abrams; Sgt
Christopher Micheal Ardley; Sgt Christopher Lee Armstrong;
Ssg Ernest Alexander Arocha; Spc Christopher Otto Bacon; Spc
Joel Christopher Baker; Spc Joseph Jacob Balbach; Sgt
[[Page 20751]]
Randy Lane Barber; Ssg Tony Patrick Barefield, Jr.; Pfc James
Dixon Barton II; 2Lt Robert G. Becotte; Pfc John Jeremiah
Bettis; 1Lt David K. Bhatta; Sgt Michael Alan Blackert; Spc
John Bartholomew Bonney; Sfc James Gregory Brantley; Spc
Brandon Keith Brown.
Sgt Marcus Cyrus Burnette; Pfc Joseph Anthony Castro; Sgt
Jeremy Daniel Chism; Sgt Aaron Len Churchwell; Spc Michael
James Crill; Sgt Patrick O'Brien Cummings; Sfc Ronald Leon
Davis; Ssg Shawn Charles Denehy; Pfc William Timothy Downey;
Sgt Daniel Terrence Dyer; Pfc Daniel Joseph Feldewerth II;
1Lt James H. Flaherty; Spc James Gerome Ford; Ssg Sean Edward
Gallagher; Sgt Matthew Paul Garrison; Spc Christopher Thomas
Gidley; Cpt Thomas Allen Goettke; Sgt Leonardo Salvador
Gonzales; Pfc Rodney Glenn Harsh II; Sgt Jeffrey Lyn Jarchow.
Pfc Richard Ellis Kirkland; Spc Nathan Daniel Krueger; Sgt
Joseph Eugene Lambert; Sfc Robert Paul Lee; Pfc Eric Ernesto
Lopez; 1Sg Randal Morris Lovelace; Spc Lucas Richard Loxley;
Sgt Danny Lee Lujan; Spc Bakar Malek; Cpt Masood Manasia; Sgt
Gonzalo Manriquez, Jr.; Spc Christopher Ray Mayes; Ssg
William Keith McCabe, Jr.; Sgt Joseph Karl McRorie; Pfc
Albert Mendoza; Spc Trevor Eugene Michling; Spc Steven Robert
Miller; Sgt Abel Montelongo; Ssg Douglas Fernando Morales;
Sgt Shawn Gregory Moyer.
Spc Caleb Crawford Murphy; Pfc Cory Jason Muzzy; Spc Jason
Scott Nance; Spc Enrique Naranjo Navarro; Ssg Jonathan
Patrick O'Dell; Spc Kenneth Wayne Parker; Sfc Stephen Eugene
Peacock; Spc Charles Aaron Pennington; Cpt Evan T. Perperis;
Spc Devon J. Perry; Ssg Jeffery Edward Petsch; Spc Kevin
Thomas Polen; Ssg Mario Ray Rauch; Spc Guy Anthony Reeve,
Jr.; Sgt Llyas Tamir Ross; Sgt Travis James Ruble; Ssg Jeremy
Craig Rutledge; Ssg Eric Sanders; Ssg Michael Shawn Sculley;
Spc Keun Hoo Seo.
Pfc Scott Allen Sheehan; Sgt Albert Joshua Shy; Ssg Justin
Thomas Silvers; Pfc Christopher Ray Simmons; Spc Brian
Spisso, Jr.; Spc Cody Dewayen Terry; Spc Tuan Q. Thai; Spc
Duong Thien Tran; Sgt Forrest Vaughn Chad Uribe; Spc Gregory
Scott Vogel; Spc John Charles Vogt; Pfc Khristopher Matthew
Wallace; Spc Pierce Allen Wickens; Sgt Garett Michael
Williams; Ssg Justin Thomas Wise; Cpt Dennis James Call II;
Spc Andres Alberto Enriquez; Pfc David Lee Harrell; 1Lt Jason
Allen Potter; Pfc John Robert Ainsworth.
Sgt Gary Don Alexander; Ssg Shawn Michael Arthur; Ssg
Issac Dywayne Barnes; Pfc Dorian Antonio Barraza; Ssg Craig
Allen Basso; 1Lt Ronald Andrew Bates; Pfc Derek Lee Billmire;
Sgt Jason Paul Bones; Pfc Anthony M. Bunton; Spc Valentin
Angel Bustos; Sfc Keith Calloway; Sgt Joe Carlton; Sfc
Clarence Ernest Carson, III; Pv1 Jeffrey David Case; Sgt
Carlos Rafael Castaner; Pfc Gregorio Contrerasrodrigez; Pfc
Michael David Councilman; Pv2 Matthew K. Covert; Spc Dakota
Carrington Crider; Ssg Anthony Derell Crutch.
Pv1 Stephen Eric Davidson; Spc Bradley Wayne Davis; Ssg
Joshua Gary Dillard; Sgt Clinton Eric Douglas; Pfc Charley
Eugene Etchieson, III; Cpt Michael E. Fisher; Sfc Amara
Fofana; Spc Ian Allen Gallagher;
Spc Manuel Antonio Gamero, Jr.; Sgt Melville Vaughn Gibbs;
Sfc Vincent Gines; Sgt Philip Henry Goldsberry; Cpt Manuel
Gonzalez; Sgt William Norris Hamby; Sgt Bobby Ray Harrington,
Jr.; Cpt Edward Nazario Harrison; Spc Raythan Darnell
Henderson; Sgt Jose Alfredo Herrera; Ssg Cornelius James
Hodges; Sgt William Andrew Housley.
Ssg Alvin York Howard, Jr.; Sgt Aaron Michael Hrdlicka;
Sgt Jacob Alan Ingbritsen; Spc Joseph Swiney Jackson; Ssg
Joshua Isaac Johnson; Sgt Robert James Karcz; Ssg Jeffrey
Harold Kling; Pfc Jeffery Michael Kreamer; Sgt Zachary Joseph
Lance; Sgt Michael Scott Larew; Pv1 Darrin Douglas Levitan;
Spc Ruben Wong Marin; Pfc Franklin Harold Matter; Sgt
Christopher Ryan McCallum; Ssg Robert Thomas McDonald; 2LT
Patrick M. McNamara; Sgt Dannial Lester McNeely; Pfc Bernard
Kowel Means, Jr.; Spc Steven Michael Medeiros, Jr.; Pfc
Michael David Meyer.
SGT Andrew John Moreno; SFC Timothy Allen Morrison; SPC Joe
Abel Munoz; SSG Robert Franklin Nelson, JR.; PFC Allen
Michael Odom; SGT William Donald Olli; PFC Javier
Ortizrivera; PFC Raymond Andrew Palmer; PV2 Jacob Edward
Peterson; 1LT Michael Robert Podojil; SPC Nathan William
Possin; PV2 Christopher Chase Pugh; SPC Aaron Robert
Rademacher; SGT Richard Austin Raver; CPT Ethan William
Richardson; SPC Javier Rivera; SPC Steven James Schnabel; SSG
Michael Shane Smithee; SGT John Eugene Sommer, III; PFC
Anthony Lloyd Stevens.
PFC Joshua Alling Stezin; SGT Christopher Patrick Stokes;
SSG William Eugene Stratford; SPC Clifford Lajoil Summers II;
1LT Lee S. Tilghman; SPC Mark Joseph Travitz; SPC Francisco
Javier Trinidad; 2LT James Patrick Wade; SGT Travis Wayne
Wagner; SPC Ian Edward Watkins; SSG Patrick Francis White;
SGT Deone Lamar Whitehead; PFC Robert John Wilsman; SPC Neil
Patrick Woelfel; SGT Peter Ernst Yenter; SPC Peter James
Hansen; SGT Jeremiah Steven Hatch; SPC Nicholas Ryan Lester;
SPC William Richard Abel II; PFC Alphonso Ronee Alford.
CW2 James Darren Allen; SGT Gabriel James Aquilano; PFC
David Lee Arnett; SGT Brian Nicholas Badamy; CPT Jarrod C.
Bailey; SGT Mark Angelo Bangcaya; PFC Justin Avery Banks; PFC
Irvin Mark Anthony Barnett; SPC Andrew William Barone III;
SGT Matthew Wayne Bonnell; PFC Joel Adam Brown; SSG Henry
Burden; SGT Keith Anthony Caldwell; SGT Israel Cantu, Jr.;
SGT Miguel Cipres, Jr.; SPC James Ernest Clark III; SGT Derek
Bernhard Constable; SGT Joshua Lindsey Cook; SGT Ramon O.
Cresponegron; SPC Jason Tyler Curle.
SPC Tristan Davis; CPL Louis Michael Duran; SGT Robert
Stephen Fornier; PFC Savannah Marie Freeman; 1SG Brian Keith
Fryer; 1LT Brian E. Gavazzi; PFC Christopher Larry Gonzales;
SFC Emma Grau; SPC Nathaniel Steven Gray; SPC John Edward
Green IV; PFC Tiffany Danielle Hammonds; SGT Marcus Dewayne
Holder; SGT Rodney Holland; PFC Steven Anthony Hoover; SPC
Shane Patrick Jauck; PFC Bryan Glynn Kelly; SPC Justin Wayne
Keys; CPL Christopher Craig Land; SPC Davis Pallyn Laureta;
PFC Thomas Lee.
SGT Jonathan Matthew Lehman; CPT Charles David Lewis; SGT
Raymond Liddell, Jr.; SPC David Raymond Lopez; PFC Brandon
Rainer Mackey; PFC Christopher Scott Mattingly; SGT Michael
Reid McCloskey, Jr.; SGT Matthew Linden McGraw; PFC Javier
Apolonio Medina; SGT Isaiah Matthew Melendez; SPC Shannon Lee
Melendez; SPC Michael Robert Menrath, Jr.; SPC Temukisa
Shantel Mewhort; SSG Ricardo Levette Monroe; SGT John Joseph
Mutnansky; SGT George Eugene Myers; SSG Jim Jay Nance; SPC
Jeremy Gregg Nichelson; SGT Victor Dewayne Odom; SGT Joseph
Stephen Opyt.
SGT Jennifer L. Ortizchajon; SFC Marco Antonio Parris; CPL
Hrair Petrosyan; SPC Justin William Phillips; SGT Steven
Allen Pigg; PFC James Christopher J. Quesada; SFC Alfredo
Quintero; SSG Brian Keith Reynolds; SPC Michael James
Roberts; SGT Ryan Christopher Ronning; SPC Andrew Charles
Ruelle; SPC Tyrone Robert Ruffin; SFC Brian Keith Sanders;
SSG Daniel Sartor; SGT David Anthony Schumaker; PV2 Antonio
Carlos Sellers; SSG Kyle Patrick Shook; SGT Chase Michael
Smagala; SPC Brian Dee Smith; SPC Maurice Alexander Taylor.
SPC Timothy Lee Vanburen, Jr.; SSG Lewis Theodore Vann; SGT
Justin Alan Walker; SPC Dustin Phillip Wilburn; SSG Patrick
Kenneth Young; SGT Rachel Louise Ackerman; SPC Lorelei Leigh
Corominas; 2LT Charles Nathan Davis; SPC Kristina Danielle
Hilstad.
____________________
TRAUMATIC BRAIN INJURY
Mr. McCONNELL. Madam President, as you know, the Defense
authorization bill passed the Senate last week. Like many of my
colleagues, I filed an amendment to the legislation, which had been
included in the committee managers' package. Unfortunately, due to
procedural matters stemming from the Senate majority's decision to
limit amendments, my amendment, No. 5415--and many others like it--was
not permitted to move forward. Although my amendment was not able to be
considered by the Senate during debate over the Defense bill, I
nonetheless want to bring the issue underlying the amendment to the
attention of my colleagues.
My amendment was quite simple. It was a sense of the Senate that
stated that funding for Department of Defense programs involving
traumatic brain injury, TBI, and psychological health should be
included in the President's fiscal year 2010 base budget.
Typically, the majority of funding for such programs has been
included in supplemental appropriations measures. The reasoning
apparently has been that these programs are a cost of war, and
therefore they should be addressed through war supplementals.
But TBI and psychological health issues are problems that have been
with us for some time and unfortunately are going to be with us for the
foreseeable future.
Military personnel often experience health difficulties owing to TBI
and psychological injuries long after their combat tour has been
completed. Moreover, it has been reported that as many as one in five
military personnel returning from Afghanistan and Iraq will suffer from
TBI. That is a significant percentage of our military, There are
currently nearly 3,000 brave Kentuckians deployed in the war on terror.
According to these projections, close to 600 of these brave men and
women will suffer from TBI. That figure does not even include those who
have already returned from theater.
[[Page 20752]]
Considering the long-term health ramifications of TBI and the large
number of military personnel who will face these challenges, it seems
to me that this reality ought to be reflected in DOD's long-term
baseline budgeting rather than through ad hoc supplementals.
My amendment would have put the Senate on record as stating that TBI
and psychological health issues reflect a long-term budget priority for
our Nation and should be considered as part of the regular order. I
believe we owe the brave men and women of our military no less.
____________________
NEPAL
Mr. LEAHY. Madam President, I have closely followed developments in
Nepal for several years, and have been encouraged by the progress that
tiny Himalayan country is making to end a divisive, bloody conflict and
become a more peaceful, just and democratic society.
An enormous amount of work remains to be done, including the writing
of a new constitution, demobilization and reintegration of Maoist
combatants, restructuring and reform of the Nepali Army, policies and
programs to address the legacy of discrimination against women and
minority groups, programs of assistance for the millions of
impoverished rural Nepali people who are illiterate and lack basic
services, and justice for victims of atrocities committed by both sides
of the conflict.
As chairman of the State and Foreign Operations Subcommittee I have
included additional assistance for Nepal, above the amounts requested
by the White House, for these efforts, and I commend the U.S.
Ambassador, Nancy Powell, for the way that she has represented our
country there. The United States has a strong interest in a democratic,
peaceful Nepal, and although the situation remains fragile and the
future unpredictable, Ambassador Powell and her staff have worked hard
in an even-handed, diplomatic way to help keep the peace process on
track.
I have also urged the leaders of Nepal's political parties, including
the Maoists, to put partisan and personal interests aside for the
greater good of their country at this critical time in Nepal's history.
For too long, politics in Nepal have been equated with cronyism,
corruption and neglect. The Nepali people who courageously took to the
streets and risked their lives--some of whom lost their lives--to oust
an abusive monarch, deserve a government that represents them and works
to address their needs.
There are three specific issues I want to mention briefly today. The
first is the treatment of Tibetan refugees in Nepal. There are
disturbing reports that the Nepali Government is taking steps to
forcibly return to China, in violation of international law, Tibetan
exiles in Nepal, presumably in an effort to curry favor with the
Chinese Government. These people have risked their lives to escape
Chinese repression, and in the past the Nepali Government has, with
rare exceptions, provided them refuge. The Nepali Government has a
legal and moral responsibility to continue to respect the rights of
Tibetan refugees, and this is an issue that the United States and
others will be watching closely.
The second issue is justice, which is fundamental to any democratic
society, and that means an independent judiciary and the rule of law.
In Nepal, government officials who abuse their authority have too often
escaped justice. Impunity has been the rule, including for members of
the Nepali Army and Maoist forces.
Recently, the Advocacy Forum and Human Rights Watch jointly published
a report entitled ``Waiting for Justice: Unpunished Crimes from Nepal's
Armed Conflict.'' The report describes the impunity that continues to
shield those who have been credibly alleged to have violated human
rights. The report includes a number of recommendations for the Nepali
Government to ensure that the perpetrators of these heinous crimes are
brought to justice. I urge the Nepali authorities to study the report
and implement its recommendations. For the rule of law to prevail in
Nepal, it must be demonstrated that human rights crimes are
investigated and prosecuted and that no one is above the law.
Finally, I want to mention the issue of the implementation of the
Leahy amendment in Nepal. This law, which I sponsored a decade ago,
requires, among other things, thorough vetting of candidates for U.S.
military or police training to ensure that they have not been involved
in violations of human rights. This is important because we do not want
to afford the benefits and legitimacy of U.S. training to individuals
who have engaged in such crimes, and we want to encourage their
governments to bring them to justice. I am concerned with reports that
the Leahy amendment is not being adequately implemented in Nepal, and
that some Nepali military officers who have been credibly implicated in
human rights violations have been approved for U.S. training. This is a
matter that must be effectively addressed by the U.S. Embassy.
During the war, the Maoists and the Nepali Army were responsible for
widespread atrocities, including arbitrary detention, torture and
extrajudicial killings. This eventually led to a suspension of U.S.
military assistance to Nepal. After the collapse of the monarchy and
the end of the fighting, that suspension was lifted, but any U.S.
training of Nepali military officers should be conducted with the
utmost caution and only after thorough vetting.
In the past year, the focus has shifted to military reform. The U.S.
can assist in this effort, particularly through our expanded
international military education and training program, but we need
assurance that the Nepali Army command recognizes the need for reform
and to be accountable under the law.
Madam President, I ask unanimous consent that the key recommendations
in the Advocacy Forum-Human Rights Watch report be printed in the
Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Waiting for Justice: Unpunished Crimes From Nepal's Armed Conflict
Key Recommendations
The new government of Nepal needs to ensure that
perpetrators of grave human rights violations are brought to
justice. Human Rights Watch and Advocacy Forum call on the
Nepali government to:
Vigorously investigate and prosecute all persons
responsible for abuses, including members of the security
forces, in the 49 FIR cases highlighted in this report, as
well as other cases of human rights violations.
Suspend all security forces personnel named in the 49 FIRs,
or in other complaints, against whom there is prima facie
evidence of criminal activity until the investigations and
any prosecutions are complete.
Reform the criminal justice system, including by reviewing
the role of the Nepal Police and Attorney General's Office to
improve their effectiveness in investigations of serious
crimes.
Criminalize ``disappearances'' and torture--whether
committed by the security forces, Maoists or other actors--
and ensure these offenses when committed by the army will be
subject to investigation and prosecution by civilian
authorities and courts.
Amend the Police Act, Army Act, and Public Security Act to
remove all provisions that grant security forces and
government official's immunity from prosecution for criminal
acts.
Establish an independent, external oversight body for the
Nepal Police.
Strengthen the NHRC by giving it the necessary powers to
carry out credible investigations, including the power to
require the attendance of witnesses and the production of
evidence. The government should ensure that all the NHRC
recommendations are speedily implemented by the relevant
state authorities. The NHRC should be given clear powers to
refer cases for prosecution and to seek legal redress against
unlawful acts by state authorities.
Establish a Truth and Reconciliation Commission that does
not grant amnesty for serious human rights abuses.
____________________
LATIN AMERICA
Mr. SPECTER. Madam President, I have sought recognition to report on
a trip I made to Latin America during the August recess. Specifically,
from August 17 to 23, I traveled to Mexico and Venezuela to investigate
conditions relating to national security, immigration and counterdrug
efforts. I
[[Page 20753]]
also explored the current state of our diplomatic relations with these
two important neighbors in the Western Hemisphere. I last visited both
countries in 2005, and I was eager to assess firsthand the impact of
recent changes in their domestic political landscapes.
On Sunday, August 17, I flew to Mexico City, Mexico. There, I was
greeted by Robyn Prinz, a Foreign Service officer from the economic
section of our Embassy, who served as my guide in Mexico. That evening,
I enjoyed a taste of Mexico's rich cultural heritage by attending the
famous Ballet Folkloico, a performance of Mexican folk dances, at the
Palacio de Bellas Artes.
On Monday morning, August 18, I began the day by meeting with a large
team from our Embassy. Ambassador Antonio Garza was traveling, so the
Embassy team was led by Deputy Chief of Mission Leslie Bassett. In
addition to Ms. Bassett, my meeting included representatives of the
Department of Homeland Security, DHS, Customs and Border Protection,
CBP, the Drug Enforcement Agency, DEA, the Defense Attache Office, the
U.S. Agency for International Development, and the Department of
Justice. I explained to the group my interest in learning about current
efforts to combat drug trafficking and the attendant violence in Mexico
and the extent to which U.S. aid can be of assistance in tackling these
problems. In particular, I inquired about the likely impact of the
Merida Initiative, a multiyear proposal to provide funding to Latin
American countries to support counternarcotics, counterterrorism, and
border security efforts, as well as programs designed to build
accountable public institutions and ensure the rule of law. Earlier
this year Congress approved the initial sum of $400 million for Mexico
and $65 million for Central America, the Dominican Republic, and Haiti.
Finally, I asked our representatives in Mexico about Mexican efforts to
stem the flow of illegal immigrants into the United States.
According to Ms. Bassett, in the 18 months since he was elected,
Mexican President Felipe Calderon of the center-right Partido Accion
Nacional, PAN, has moved quickly to bolster law enforcement and
counterdrug efforts. He has also launched economic reforms intended to
make Mexico more attractive to Mexicans. Ms. Bassett further noted the
importance of our bilateral trade with Mexico. She pointed out that
Mexico is now the third largest trading partner of the United States.
And, as transportation costs continue to rise, trade between Mexico and
the Unites States will likely become even more important.
David Gaddis, the regional director for DEA in Mexico, explained that
President Calderon's efforts to combat drug traffickers have been
costly for Mexico--not only in terms of enhanced resources but also in
terms of lives lost. The press has taken note of this unfortunate
reality. In June 2008, the New York Times wrote, ``[s]ince Mr. Calderon
came to office in December 2006, he has sent thousands of federal
police officers and troops to reclaim cities and states where [drug]
traffickers controlled local officials through bribes and threats. The
offensive has unleashed a war among different cartels that has killed
more than 4,000 people, among them about 450 soldiers, police officers
and public officials.'' Nevertheless, according to Agent Gaddis, Mexico
has achieved significant successes against the traffickers, arresting
key leaders and extraditing many of them to the United States to stand
trial. The DEA has also seen large improvements in the level of
information sharing and cooperation from Mexican officials. This
interaction directly benefits the United States because the major
cartels in Mexico can be tied directly to drug traffickers in the
United States. To drive home this point, Agent Gaddis provided a map
showing cases in every state with links to Mexican drug trafficking
organizations.
As the assembled agency representatives noted, of course, the drug
problem is not a one-way street. High demand for illegal drugs within
the United States fuels much of the drug trade. And, just as drugs are
smuggled into the United States, weapons and money are increasingly
being smuggled into Mexico from our country. By some estimates, more
than 90 percent of the weapons being used by Mexican drug traffickers
originate in the United States. Erik Moncayo, the CBP attache in
Mexico, pointed out that the United States has been far more focused on
contraband, hazardous materials, and persons entering the country than
those leaving it for Mexico. As a result, bulk cash shipments totaling
more than $12 billion are reportedly smuggled into Mexico annually.
Among other things, these illegal proceeds are used to pay off corrupt
police and public officials.
Although the Mexican Government has begun to implement new legal
reforms, including a shift away from a confession-driven judicial
system to one that places a greater emphasis on other evidence,
corruption is still a major problem in Mexico--especially among the
ranks of the local police. This breeds mistrust of the very officials
who should be relied upon by the public to keep them safe. This
mistrust was illustrated in a tragic case that occurred shortly before
my arrival in Mexico and which was mentioned in nearly every meeting I
had there.
In June 2008, the 14-year-old son of a wealthy family--the founders
of a chain of sporting goods stores--was kidnapped and held for ransom.
Rather than call the police, however, the family reportedly hired a
private negotiator to deal directly with the kidnappers. Then, after
they had paid millions of dollars in ransom money, their son's body was
found in the trunk of a stolen car abandoned in Mexico City. This
tragic case, and the deep mistrust of the police it reveals,
underscores the serious challenge faced by President Calderon and his
administration as they seek to reform Mexico's criminal justice system.
On the illegal immigration front, Ms. Bassett noted that there had
been a decrease in illegal immigration from Mexico, but she
acknowledged that the causes could range from a weakened U.S. economy
to enhanced border security to increased opportunities in Mexico, or
some combination of these factors. Mr. Moncayo, the CBP representative,
highlighted a successful joint operation with Mexican officials--dubbed
the Oasis program--under which more than 800 cases involving alien
smugglers have been prosecuted by Mexico during the last 3 years, using
evidence collected in part by U.S. authorities, with a nearly 98
percent conviction rate.
In response to my question about Mexico's willingness to accept
criminal aliens being deported by the United States, Ms. Bassett said
that Mexico actively cooperates with such repatriation efforts. I was
pleased to hear this news because I have been particularly concerned
about the refusal by some countries to accept their nationals back
after they have served criminal sentences in the United States and been
ordered deported.
Later on August 18, I met with Mexico's Secretary of Public Security,
Genero Garcia Luna. Secretary Luna is charged with the daunting task of
reforming Mexico's federal police force and forging new, cooperative
arrangements with the country's state and local police. A July 13, 2008
profile in the New York Times Magazine notes that ``Garcia Luna
cultivates the image of a cop in a world of politicians, a doer in a
world of talkers.'' The article also quotes a security analyst as
saying that Secretary Luna has ``the hardest job in the country.''
I found the Secretary to be sincere and enthusiastic about his
mission. He described ongoing efforts to improve police pay, regulate
the requirements for new recruits, and require comprehensive ``trust''
centers--akin to community policing centers--for citizens to interact
with police and prosecutors in the states and localities. He also
focused on the need to stem the tide of illegal weapons entering Mexico
from the United States.
Secretary Luna represented that more than 95 percent of the firearms
used by Mexican criminals come from the United States. He said that, in
the
[[Page 20754]]
first 2 years of the Calderon administration, approximately 20,000
high-caliber weapons have been seized by Mexican law enforcement. While
acknowledging the value of assistance from the U.S. Bureau of Alcohol,
Tobacco, Firearms and Explosives, ATF, in tracing the origins of such
weapons, Secretary Luna urged a crackdown on retailers along the
southwest border selling weapons for export to Mexico.
With respect to the recent, high-profile kidnapping and murder of a
14-year-old boy, Secretary Luna noted that kidnapping is not a federal
offense in Mexico; a fact that limits his ability to investigate such
cases. I cited the 1932 kidnapping and murder of the young son of
aviator Charles Lindbergh as the catalyst for making kidnapping a
Federal offense in the United States and suggested that Mexico may have
reached a similar moment in its legal evolution. The Secretary agreed
and said that members of the administration planned to meet with
legislators later in the week to consider such a change.
Although somewhat outside his jurisdiction, I asked the Secretary for
his views on the impact of the North American Free Trade Agreement,
NAFTA, on security matters and the standard of living in Mexico. I also
asked about his department's cooperation with other countries to combat
drug trafficking, particularly Colombia, Venezuela, and Cuba. Secretary
Luna said that he thought NAFTA had been very important for job
creation in Mexico, with incidental benefits for security. With respect
to international cooperation on drugs, he said that cooperation with
Colombia was very good. He said that the cooperation with Venezuela and
Cuba was more difficult but noted that they had worked collaboratively
through third-party organizations. For example, he cited cooperation
with Venezuela through Interpol.
I further inquired about Mexico's cooperation with the United States
on terrorism matters. Secretary Luna was very positive about the level
of cooperation. He said, for example, there was an active effort to
preempt potential terrorists from the Middle East from seeking entry
into the United States via Mexico.
Following my meeting with Secretary Luna, I met with Mexico's
Attorney General, Eduardo Medina-Mora Icaza. I had met the Attorney
General during my last visit to Mexico, when he was serving as the
Director of the Center for National Security Investigations, Mexico's
equivalent of the CIA. Once again, I found him to be articulate,
intelligent and dedicated to public service--though he also has a
strong background in the private sector and brings a business person's
pragmatism to the work of government.
The Attorney General described his department's current relationship
with U.S. law enforcement and our Justice Department as the ``best
ever'' in his considerable experience. He said that, through joint
operations, we have succeeded in challenging and disrupting the key
drug cartels, which are now more fragmented than ever. He conceded,
however, that we have not yet succeeded in significantly reducing the
total output of drugs. He then focused on some of the concerns that had
been discussed in my earlier meetings, particularly the smuggling of
guns and bulk cash shipments into Mexico.
In addition to improved checkpoints for south-bound traffic, the
Attorney General recommended some other avenues for exploration. For
example, he noted that approximately half of the cash shipments
smuggled into Mexico consisted of large-denominations, like $100 bills.
This suggests that the smugglers may have some contact with U.S.
financial institutions, which may provide another avenue for
investigation and interdiction. Further, the Attorney General said that
most of the weapons shipped into Mexico were purchased by ``straw''
buyers, who were paid a fee for essentially renting their
identification to the true purchasers--a practice that might be
subjected to limitations without infringing on the second amendment.
On the issue of immigration, the Attorney General offered a thought-
provoking demographic analysis of the subject. First, he acknowledged
that the United States has the most vibrant economy in the world,
supported by a host of desirable factors including the rule of law the
ability to innovate and profit from innovation; labor flexibility and
mobility; and the ability to shift assets from one sector of the
economy to another through the financial markets. Nevertheless, he
argued that the United States simply does not produce enough humans to
keep up with its economic growth. And, although concerns about illegal
immigration may currently be focused on Mexico, the Attorney General
further argued that--within just 15 years--Mexico won't be able to
supply much labor to the United States because Mexico's labor force
peaked in 2006 and is now growing at a rate of less than 1.4 percent.
Indeed, Attorney General Medina-Mora suggested that the whole world may
face a labor shortage within a generation, due to falling population
rates across much of the globe. In contrast to years past, the Attorney
General also said that today's migrants are not uneducated peasants but
workers with an average of 9 years of education and sought-after
skills.
I asked the Attorney General for his views on the value of dialog
with other nations, even dialog with adversaries. He agreed that dialog
is critical. With respect to my trip to Venezuela, Attorney General
Medina-Mora said that isolating Venezuela would be the worst way to
deal with the country. He said that Cuba ought to serve as an important
lesson; namely, that isolation can actually help a disfavored regime to
sustain itself. Of course, it would be naive to think that dialog is a
silver bullet. In fact, at the time of our meeting, the Attorney
General still appeared hopeful that dialog would ensure fair
compensation for a Mexican-owned cement company that Venezuela was
seeking to nationalize. As we later learned, however, efforts to engage
the Venezuelan Government on this subject failed to prevent Venezuela's
expropriation of the Mexican company by threat of force or at least
under the supervision of national guard troops. Nevertheless, I believe
that, over time, dialog often produces better results than heated
rhetoric and posturing.
On Tuesday, August 19, following a brief tour of the beautifully
restored Chapultepec Castle overlooking Mexico City, I departed for
Caracas, Venezuela. Upon arrival in Caracas, I was welcomed by our
Ambassador there, Patrick Duddy, and the Control Officer for my visit,
Evan Owen. Due to a traffic accident, our trip from the airport to the
Ambassador's residence turned into a tour of relatively impoverished
enclaves perched on the steep slopes of a twisting mountain road. By
the time we reached our destination, it was nearly midnight.
On Wednesday, August 20, I began my day with a briefing from
Ambassador Duddy and key members of his Embassy team. They provided an
overview of significant developments in Venezuela since my last visit
in 2005. Perhaps most significantly, President Hugo Chavez lost a
Constitutional Referendum in December 2007 that would have further
consolidated his power, despite publicly characterizing the vote as a
choice between himself and President George Bush. Now, as the New York
Times reported on August 6, 2008, President Chavez is ``using his
decree powers to enact a set of [26] socialist-inspired measures that
seem based on a package of constitutional changes that voters rejected
last year.''
Among other things, these decrees create new regional officers,
appointed by the government, who could help President Chavez to retain
influence in states and localities even if his party loses upcoming
state and local elections. Similarly, the decrees elevate the status of
a new militia force that reports directly to the President, making it
co-equal with the traditional branches of the military services, which
facilitated a short-lived coup against President Chavez in 2002.
According to the August 6, 2008, Wall Street Journal, ``Mr. Chavez said
that if anyone didn't approve of the laws, they could file for a
challenge with the supreme court. But critics . . . said that would be
futile because six of the seven justices are sympathetic to the
president.''
[[Page 20755]]
In another troubling development, Venezuela's Controller General has
reportedly disqualified nearly 300 individuals from holding appointed
public office, or running for elected office, based on central
government sanctions--but not convictions--for alleged administrative
irregularities. A number of those who have been disqualified would have
been strong potential opposition candidates for municipal and state
elections scheduled for November 23, 2008. These elections pose the
next major test for both the Chavez administration and the political
opposition.
At the same time, there has been some recent reason for optimism. On
July 5, 2008, Venezuela's Independence Day, President Chavez publicly
approached Ambassador Duddy and expressed a desire to renew antidrug
cooperation with the United States. Among other things, President
Chavez recalled how he had met several times with John Maisto, the U.S.
Ambassador to Venezuela from 1997 to 2000. According to press accounts
of the overture, President Chavez also mentioned the upcoming U.S.
Presidential elections and commented, ``whoever wins, we should be able
to sit down and converse. I did this with Clinton, we sat down to
talk.''
I was particularly heartened by the prospect of renewed cooperation
on drugs because I had pushed for such collaboration between our
countries during my visit in 2005. I even took the somewhat
extraordinary step of asking then Secretary of Defense Donald Rumsfeld
to consider ``a moratorium on adverse comments on Venezuela'' because I
believed his harsh rhetoric about President Chavez at the time was
counterproductive. With respect to the most recent overtures from
President Chavez, however, it remains somewhat unclear whether he is
prepared to match his positive words with meaningful actions.
Following my meeting with the Ambassador and his team, I accompanied
him to the U.S. Embassy for further briefings on drug trafficking and
national security issues. With regard to the drug issues, I met with
members of the U.S. Embassy's law enforcement team. By way of
background, in September 2007, President Bush issued a determination
that Venezuela, for the third year in a row, had failed demonstrably
over the previous 12 months to adhere to its obligations under
international counternarcotics agreements. In a September 17, 2007,
report, State Department officials maintained that, although Venezuela
indicated that it had developed some new programs to fight drug
trafficking and were making seizures, its efforts continued to be
limited.
Given this backdrop, I asked the representatives of the law
enforcement team in Caracas about recent reports suggesting that
Venezuela had further increased its drug seizures and begun a campaign
to bomb clandestine airstrips in the Venezuelan jungle being used by
Colombian drug traffickers. Those present reported that the flow of
drugs through Venezuela had increased dramatically, making the new
seizures a smaller percentage of the whole. They also questioned the
value of bombing dirt airstrips that could be quickly reconstituted.
Moreover, the Government's claims with regard to such airstrips
arguably served to confirm the importance of Venezuela as a
transshipment point for drugs from Colombia being sent to the United
States and the need for further cooperation.
The group identified several modest steps that President Chavez could
take to demonstrate his commitment to re-building cooperation on
counter-drug efforts: No. 1, reiterate to his people what he said to
Ambassador Duddy; No. 2, designate clear points-of-contact in
Venezuela's counterdrug agencies for their U.S. counterparts; No. 3,
approve seven pending applications for visas from the DEA; No. 4, give
DHS access to the airport in Caracas to screen for contraband headed to
the United States; No. 5, allow the United States to re-export an x-ray
machine intended for scanning cargo at a port but currently sitting
unused; and No. 6, permit effective cooperation between U.S. officials
and the Intelligence Unit of the superintendent of Banks. To this list,
I would add that the Chavez government should meet with the America's
so-called drug czar, Director of National Drug Control Policy John
Walters. As noted later in my remarks, Director Walters was denied a
visa during my visit to Caracas, although the purpose of his requested
visit was to follow up on the proposal President Chavez made to
Ambassador Duddy to begin increasing counternarcotics cooperation
between the United States and the Government of Venezuela.
The following day, August 21, I started the morning by meeting with
two members of the Venezuelan National Assembly: Saul Ortega, the first
Vice-President of the National Assembly, and Francisco Torrealba, the
leader of the U.S.-Venezuela Friendship Group in the National Assembly.
We discussed the fact that, prior to the 2005 parliamentary elections,
there used to be fairly regular dialog between the U.S. Congress and
the Venezuelan National Assembly through the informal ``Boston Group.''
The parliamentarians commented favorably on their past contacts with
former Representative Cass Ballenger of North Carolina and
Representative William Delahunt of Massachusetts. Vice President Ortega
also recalled fondly a meeting with Senator John Kerry of Massachusetts
and mentioned a visit to Venezuela by Senator Kerry and his fellow
Massachusetts Senator, Edward Kennedy, that had been discussed but not
completed. Both members of the assembly said that such exchanges with
the U.S. Congress would be welcome.
During our meeting, which was also attended by Ambassador Duddy, I
stressed the importance of the separation of powers under the U.S.
Constitution. I noted that, as a Senator, I am free to criticize or
dissent from the decisions of Presidents of my own party. I also cited
the example of recent Supreme Court rulings on the rights of detainees
being held at Guantanamo Bay, Cuba, to underscore the value of our
independent judiciary, confirmed with the advice and consent of the
Senate. I am hopeful that through future exchanges, legislator-to-
legislator, we may demonstrate the merits of our system of checks and
balances and find a way to address areas of common interest to both
countries, even if our respective executive branches remain at
loggerheads.
Following the meeting with the parliamentarians, Ambassador Duddy and
I traveled to the economically challenged Bucaral neighborhood in the
affluent Chacao borough of Caracas. A grassroots nongovernmental
organization called ``Friends of the Health of Bucaral'' is working to
improve conditions for the neighborhood's residents. Among other
things, this organization operates a computer room for young students.
In addition, the group's center offers conflict resolution programs,
drug prevention workshops, and cultural classes in dance, theater,
storytelling and music. The U.S. Embassy, through the Narcotics Affairs
Section, has helped to support the youth center's illicit drug demand
reduction efforts. I had the pleasure of meeting the organization's
founder, Maria Teresa Gonzalez, and several of the children who benefit
from the group's programs. I also had the chance to visit a small
police post to see firsthand the work they are doing--much like
community police stations in American cities--to build trust in the
community and prevent crime.
After visiting the Bucaral neighborhood, I met with representatives
of Venezuela's Jewish community at a meeting hosted by the
Confederation of Israelite Associations of Venezuela, CAIV. CAIV is the
leading Jewish organization in Venezuela. The Jewish community in
Venezuela stands at some 13,000, down from over 20,000 10 years ago.
I was especially interested to speak with representatives of the
Jewish community because, the week before my visit to Venezuela,
President Chavez met with Jewish leaders including Ronald Lauder,
president of the World Jewish Congress. As reported by the Miami Herald
on August 14, 2008, Venezuelan Foreign Minister Nicols Maduro expressed
hope following the meeting that ``this coming-together will be
maintained.'' According to the
[[Page 20756]]
Herald, Argentina's Ambassador in Washington, Hector Timerman, who also
attended the meeting, said Chavez had ``expressed a desire to join
forces with [Argentine President Cristina] Fernandez de Kirchner and
Brazilian President Luiz Inacio Lula da Silva `to achieve the
eradication of anti-Semitism in Latin America.' '' The Herald also
quoted another meeting participant as saying that the three leaders may
sign a joint statement against anti-Semitism in September.
At my meeting with Jewish leaders, I received generally positive
reports on the meeting with President Chavez. The group expressed hope
about the direction of relations between the Jewish community and the
Government. I would note that, in addition to publicly condemning anti-
Semitism, there are other concrete things the Chavez government could
do to improve relations. As reported by the Associated Press on August
14, 2008, the Simon Wiesenthal Center has urged Venezuela to
investigate two police raids on the Jewish community center in Caracas,
including one ``on the eve of a contentious referendum vote in
December.'' Especially given his public support of Iranian President
Mahmoud Ahmadinejad, who has denied the Holocaust and said that Israel
should be wiped off the map, I hope that President Chavez will take
concrete and public actions to reassure the Jewish community in
Venezuela that they are valued members of Venezuelan society.
On Friday, August 22, I met with potential opposition candidates in
November's state and local elections. The first of these was a mayoral
candidate who, like more than 260 others, has been banned from seeking
elective office through an administrative decision by Venezuela's
Controller General. He denied any wrongdoing and stressed that he had
not been given an opportunity to challenge the factual basis for the
Controller General's decision. While he and others are challenging
their disqualification, they are concerned that the courts lack
sufficient independence to issue a fair ruling on the matter.
Among those I met was Henrique Capriles Radonski. He is the current
mayor of Baruta, a borough of Caracas where the U.S. Embassy is
located. Prior to serving as mayor, Capriles was the President of the
Venezuelan National Assembly 1999-2000, the youngest in its history.
Capriles is currently the opposition candidate for the governorship of
Miranda State, which surrounds much of Caracas.
Mr. Capriles has received international notoriety due to an apparent
political prosecution against him. His case was profiled in a
Washington Post op-ed by Deputy Editor Jackson Diehl on April 10, 2006.
As noted by the Post, the case against Capriles relates to an incident
during the brief 2002 coup against Chavez, when Capriles sought to
disperse a hostile crowd that besieged the Cuban Ambassador's
residence. Despite his efforts at peacekeeping, Capriles was later
jailed and charged with trespassing, intimidation, and ``violating
international principles,'' among other crimes. Although the case was
dismissed, the charges were later refiled and Capriles remains in legal
jeopardy. The Post op-ed described Capriles as ``one of the brightest
stars in a new generation of Venezuelan politicians untainted by the
discredited political establishment Chavez replaced.'' I would concur.
Despite obvious hurdles, he remains optimistic about the future of
democracy in Venezuela--as well as his own prospects for being elected
Governor of Miranda in November.
I should note that, in addition to my meeting with opposition
candidates, the U.S. Embassy also arranged for me to meet with several
scholars, community leaders, business leaders, and representatives of
the independent media during my visit. Although it is my normal
practice to publicly document my meetings during foreign trips, the
current political situation in Venezuela leads me to be somewhat
circumspect about naming everyone with whom I met. Although the
individuals expressed a range of viewpoints, those who were not aligned
with President Chavez's party expressed concerns about the health of
Venezuelan democracy, especially in light of the recent Presidential
decrees, which appear to run contrary to the 2007 referendum. They also
expressed anxiety about the disqualification of opposition candidates
in advance of the November elections for state and local offices, and
they shared concerns about the Government's increased push to
nationalize key sectors of the economy. All agreed that the upcoming
elections, much like the constitutional referendum last December,
represent a critical moment in Venezuela's contemporary political
development.
On Friday, Ambassador Duddy and I also received two pieces of
disappointing news: First, we learned that Venezuela had declined to
schedule a meeting with Director John Walters, America's drug czar.
Second, we learned that President Chavez had used his regular
television program to hurl new slurs at President Bush. Specifically,
President Chavez used a photograph of President Bush stumbling on some
steps at the Olympics to criticize him as a ``drunk.'' As reported by
the Associate Press, Chavez said Bush looked ``drunk and quipped to his
listeners: ``Gold medal for alcoholism.''' Despite these setbacks,
however, I agreed to a meeting with Venezuela's Minister of Foreign
Affairs, Nicolas Maduro, on Friday afternoon. Ambassador Duddy
accompanied me to the meeting.
Mr. Maduro has served as Foreign Minister, basically Venezuela's
Secretary of State, since August 2006. Previously, he served as
President of the National Assembly from 2005 to 2006. He is known as an
ardent defender of President Chavez and his socialist program. I began
the meeting by emphasizing my belief that Venezuela and the United
States share many common interests, such as our mutual interest in drug
interdiction, which can be advanced by greater dialogue. I expressed my
hope that it may yet be possible to arrange a visit by Director
Walters, and I added that both U.S. Presidential candidates understand
the importance of dialog.
Minister Maduro said he was open to the possibility of greater
dialog, but he said the Venezuelan Government was pessimistic because
they believed that positive gestures from the United States were too
often followed by negative statements about Venezuela by U.S.
spokespersons. He also noted that efforts to improve relations with the
United States were not always received well by the Government's own
grassroots supporters. Minister Maduro questioned aloud whether the
time was ripe for better relations and said that after the U.S.
elections might present a new opportunity. Mr. Maduro also mentioned
his own involvement in the former ``Boston Group.''
I responded that it would be better to lower the negative rhetoric on
both sides. I also discussed my positive meeting with members of the
National Assembly and said that we should not wait until after the
elections to begin to build bridges. I pointed out, for example, that
Director Walters was not a politician but a professional who could help
facilitate greater cooperation against drug traffickers. Minister
Maduro said Venezuela was taking the proposal seriously and would have
a final answer very soon. He then recited some of Venezuela's successes
in domestic counterdrug efforts. I left the meeting encouraged that
future dialog may be possible. But, in response to a reporter's
question as I left, I also defended President Bush against the
ridiculous claim that he had been intoxicated at the Olympics.
In closing, I would like to add that Ambassador Duddy, a career
member of the Senior Foreign Service who most recently served as Deputy
Assistant Secretary of State for Western Hemisphere Affairs, is doing a
splendid job under difficult circumstances. He is a true expert on
Latin America and exemplifies the best of the Foreign Service. He is
aided by a very able staff, all of whom are seeking to improve
diplomatic relations in a challenging environment. Also, on a personal
note, the Ambassador and his wife were gracious and charming hosts
throughout our stay in Venezuela, and I look forward to working with
him in the future. Mr. President, I yield the floor.
[[Page 20757]]
Almost a week to the day after I left Venezuela, President Hugo
Chavez threatened our Ambassador, Patrick Duddy, with expulsion in
apparent response to criticism by America's drug czar, John Walters.
Mr. Walters, after being denied a visa to travel to Venezuela, warned
that the flow of Colombian cocaine through Venezuela has quadrupled
since 2004, reaching an estimated 282 tons last year.
As the New York Times reported on September 1, 2008, ``Mr. Chavez's
comments effectively ended what seemed to be the start of a thaw in
July, when he chatted with Mr. Duddy at a military parade and invited
him to lunch.''
On September 11, 2008, President Chavez followed through on his
threat. He announced that he was expelling Ambassador Duddy and gave
him 72 hours to leave the country. According to the New York Times,
President Chavez claimed to have ``discovered an American-supported
plot by military officers to topple him.'' Of course, the Times also
noted that President Chavez has ``claimed at least 26 times in the last
six years that there were plots to kill him, according to counts in the
local media.''
Since this announcement, relations between our two countries have
continued to deteriorate. On September 12, 2008, the United States
announced it would expel the Venezuelan Ambassador and the U.S.
Treasury Department accused three Venezuelan officials with close ties
to President Chavez of aiding the Revolutionary Armed Forces of
Colombia, or FARC, which the United States has designated as a
terrorist organization.
To add even more fuel to the fire, as all of this was occurring,
Russian bombers landed in Venezuela and several media outlets reported
that President Chavez is discussing plans for military exercises with
Russia's navy in the Caribbean.
I am deeply disturbed by these developments. During my visit, there
were already signs that President Chavez had decided not to follow
through on his July overtures to Ambassador Duddy concerning renewed
cooperation against drug traffickers, but I did not imagine that within
weeks he would seek to expel the Ambassador. As I have noted in my trip
report, Ambassador Duddy is an exemplary diplomat. His ouster is truly
a tragedy.
____________________
WHERE ARE THEY?
Mr. SPECTER. Madam President, I have sought recognition to insert
into the Record an article by Michael Smerconish, Esquire, concerning
efforts by the United States to capture Osama bin Laden and Ayman al-
Zawahiri. Mr. Smerconish is a distinguished columnist who writes for
the Philadelphia Inquirer and the Philadelphia Daily News, has a
morning talk show on the ``Big Talker,'' 1210 WPHT-AM, and appears on
MSNBC. I have known Mr. Smerconish for more than 20 years and have a
very high regard for his scholarship, among his other fine qualities.
While I do not agree with all his comments, especially all his
political evaluations, I believe this article should be made available
to my colleagues and the public generally to the extent that the
Congressional Record is read. Accordingly, I ask unanimous consent to
have the article to which I refer printed in the Record.
Pakisourced
(Michael Smerconish, Sept. 11, 2008)
Where the hell are Osama bin Laden and Ayman al-Zawahiri?
And why does virtually no one ask anymore? What's changed
since the days when any suburban soccer mom would have
strangled either of them with her bare hands if given the
chance? And what happened to President Bush's declaration to
a joint session of Congress nine days after 9/11 that ``[A]ny
nation that continues to harbor or support terrorism will be
regarded by the United States as a hostile regime.'' Doesn't
that apply to Pakistan?
These are things that I wonder as I watch from my perch in
Philadelphia, where I'm a talk show host, columnist and MSNBC
talking head. I have also spoken and written about them
incessantly, so much so that I've exhausted my welcome with
many conservative members of my own talk radio audience. My
editors at The Philadelphia Daily News and The Philadelphia
Inquirer have made it clear that I've published my last
column on this issue because I have written seven to date. On
the day after the Pennsylvania primary, I told Chris Matthews
on Hardball that this was an issue that could help Barack
Obama win support among white male voters, he recognized that
it was ``[my] issue,'' before adding, ``And I agree with you
completely.''
I can't help myself. So strong is my belief that we've
failed in our responsibility to 3,000 dead Americans that I
am contemplating voting for a Democratic presidential
candidate for the first time in my life. It's the chronology
I find so compelling.
We're at the seven year anniversary of 9/11, lacking not
only closure with regard to the two top al Qaeda leaders but
also public discourse about any plan to bring them to
justice. To me, that suggests a continuation of what I
perceive to be the Bush Administration's outsourcing of this
responsibility at great cost to a government with limited
motivation to get the job done. Of course, I may be wrong; I
have no inside information. And I'd love to be proven in
error by breaking news of their capture or execution. But
published accounts paint an intriguing and frustrating
picture.
To begin, bin Laden is presumed to have been in Afghanistan
on 9/11 and to have fled that nation during the battle at
Tora Bora in December of 2001. Gary Berntsen, who was the CIA
officer in charge on the ground, told me that his request for
Army Rangers to prevent bin Laden's escape into Pakistan was
denied, and sure enough, that's where bin Laden went. Then
came a period when the Bush Administration was supposed to be
pressing the search through means it couldn't share publicly.
But as time went by with no capture, the signs became more
troubling.
We now know that in late 2005, the CIA disbanded Alec
Station, the FBI-CIA unit dedicated to finding bin Laden,
something which was reported on July 4, 2006 by The New York
Times. At the time, I hoped we'd closed the bin Laden unit
because Pakistani President Pervez Musharraf was fully
engaged in the hunt in his country's northwest territories,
where the duo were supposedly hiding. In September 2006,
however, Musharraf reached an accord with tribal leaders
there, notorious for their refusal to hand over a guest. In
doing so, he agreed to give them continued free reign.
The following month, in October of 2006, I participated in
a week-long, Pentagon-sponsored, military immersion program
called the Joint Civilian Orientation Conference. This was a
unique opportunity for 45 civilians who were invited to play
military tourist and learn first-hand about the United States
Central Command (CENTCOM). We traveled 15,000 miles and spent
time in four nations. Our days began at 5 or 6 a.m. and
didn't end until 10 or 11 p.m. Along the way, we boarded the
USS Iwo Jima by helicopter in the Persian Gulf, fired the
best of the Army's weaponry in the Kuwait desert (just 10
miles from Iraq), drove an 11-kilometer Humvee obstacle
course (designed to teach about IEDs), boarded the Air
Force's most sophisticated surveillance aircraft in Qatar,
and even took a tour of a military humanitarian outpost in
the Horn of Africa. In addition to Secretary Rumsfeld, we
were briefed by the vice chairman of the Joint Chiefs of
Staff, the vice admiral of CENTCOM and other high-ranking war
commanders.
I came home with the utmost respect for the men and women
throughout the ranks of all five branches of the service
committed to eradicating the forces of radical Islam. But
there was one thing noticeably absent: The search for bin
Laden and al-Zawahiri. It was not part of our otherwise
comprehensive agenda, and when I did ask specific questions,
there was no information forthcoming except a generic
assertion that, indeed, the hunt continued.
When we were briefed at Andrews Air Force Base by Vice
Admiral David Nichols, the No. 2 to Army Gen. John Abizaid, I
asked him whether the hunt for bin Laden was, at that stage,
completely dependent upon Pakistani President Pervez
Musharraf. He told me we respect national sovereignty, and
described the search as ``difficult and nuanced.'' I took
that as a confirmation of my concern about outsourcing.
When in Bahrain, I put the same question to Marine Brig.
Gen. Anthony Jackson. He told me that the search was the
equivalent of finding one man in the Rockies, an analogy that
I heard repeatedly from men I met overseas. He also said that
``no one is giving up,'' and that my question was better put
to the guys in special ops.
So, when we got to the special ops headquarters in Qatar, I
raised the matter yet again, this time with Col. Patrick
Pihana, the chief of staff to the Combined Forces Special
Operations Component Command. He offered nothing substantive
on the issue.
No one told me the search was over, but I came home worried
that the days of aggressively hunting bin Laden and al-
Zawahiri had ended. Of course, I could fully appreciate that
an aggressive pursuit was underway but that I, a blowhard
from Philadelphia, was simply deemed unworthy of any
information. That would have been fine.
But there was another consideration. More than one
individual with whom I spoke--and no one that I have named
here--raised with me the question of what would happen to
public support for the war against radical
[[Page 20758]]
Islam if we were to find and kill bin Laden and al-Zawahiri.
They wanted to know: Would the American people then expect
the military to pack up and go home? No one ever told me that
we're not hunting bin Laden because killing him would cause
Americans to want to close up shop in Iraq and Afghanistan,
but it was absolutely on the minds of our warriors as support
for the war in Iraq dissipated.
A few months before my return, there was news of our
response to the accord reached between Musharraf and the
tribal warlords. The agreement, which was effected on
September 5, 2006, stipulated that the Pakistani army would
pull back from the tribal areas. A report from the BBC
detailed what the tribal leaders would grant the army for
withdrawing: ``Local Taleban supporters, in turn, have
pledged not to harbor foreign militants, launch cross-border
raids or attack Pakistani government troops or facilities.''
Meanwhile, there was no demand for accountability by our
government. The White House and the Pentagon consistently
played down the significance of capturing bin Laden and al-
Zawahiri, and President Bush offered only superficial
responses to the few questions raised on the status of the
search. On February 23, 2007, the Army's highest-ranking
officer, Gen. Peter Schoomaker, said he didn't know whether
we would find bin Laden, and ``I don't know that it's all
that important, frankly.''
At a May 24, 2007 White House news conference, when asked
why Osama was still at large, President Bush offered his
usual refrain: ``Because we haven't got him yet . . . That's
why. And he's hiding, and we're looking, and we will continue
to look until we bring him to justice.'' For me, somewhere
between two and four years removed from 9/11, it had all
begun to wear thin--especially because it seemed bin Laden
remained active. Unfortunately, the President's standard line
has long been accepted by the media and American people.
Then, On May 20, 2007, the Times reported that we were
paying $80 million a month to Pakistan for its supposed
counter-terrorism efforts, for a total of $5.6 billion.
In July 2007, a National Security Estimate concluded that
the failure of Musharraf's accord with warlords in Pakistan's
tribal areas had allowed bin Laden's thugs to regroup there.
On July 22, National Intelligence Director Adm. Mike
McConnell said on Meet the Press that he believed bin Laden
was in Pakistan in the very region Musharraf had ceded to the
warlords.
I hoped that the presidential campaign would move the issue
to the front burner, but despite its 24/7 nature it failed to
stir up a discussion about the failure to capture or kill
those who pushed us down such a perilous path. In the first
seven presidential debates--four for the D's, three for the
R's--there was only one question in 15 hours of discourse
that touched on the subject of finding bin Laden in Pakistan,
and it came from the audience. Though I did not keep count
thereafter, I know that the issue never gained resonance in
any subsequent debate.
Things changed somewhat on August 1, 2007, when Barack
Obama delivered a speech at the Woodrow Wilson International
Center for Scholars: ``If we have actionable intelligence
about high-value terrorist targets, and President Musharraf
won't act, we will,'' he said.
``We can't send millions and millions of dollars to
Pakistan for military aid, and be a constant ally to them,
and yet not see more aggressive action in dealing with al
Qaeda.''
Finally, I thought, a presidential candidate saying
something about this foreign-policy failure.
The reaction? Ridicule.
Then presidential candidates Joe Biden and Chris Dodd
responded derisively. Pakistani foreign ministers did
likewise. Across the aisle, John McCain pounded Obama for a
perceived lack of seasoning in the realm of foreign
relations: ``The best idea is to not broadcast what you're
going to do,'' McCain said in February. ``That's naive.''
(More recently, McCain has grown fond of saying that he'll
``follow bin Laden to the gates of hell.'') Not to be left
out, Hillary Clinton said, ``You can think big, but,
remember, you shouldn't always say everything you think when
you're running for president because it could have
consequences across the world, and we don't need that right
now.''
Of course, that didn't stop Senator Clinton from including
bin Laden's image--along with reminders of the attack on
Pearl Harbor--in a television commercial that aired in the
final days before the Pennsylvania primary election. After
scolding her opponent for advocating a specific course of
action in Pakistan, the world's most infamous terrorist
became a bankable issue for the junior senator from New York
when her back was against the wall.
To his credit, Obama refused to back away from his
insistence on reasserting American control over the hunt for
bin Laden. I interviewed him on March 21, 2008, and he
admitted that a resurgence of the Taliban had occurred in
Pakistan.
``What's clear from . . . what I've learned from talking to
troops on the ground is that unless we can really pin down
some of these Taliban leaders who flee into the Pakistan
territories, we're going to continue to have instability, and
al Qaeda's going to continue to have a safe haven, and that's
not acceptable.''
I was pleased by what he had to say about the issue, and
asked about it again on April 18, 2008, when I interviewed
him for a second time. He told me that Musharraf, despite
being flush with billions in American aid, was not taking
counter-terrorism seriously.
``That's part of the reason that I've been a critic from
the start of the war in Iraq,'' Obama told me. ``It's not
that I was opposed to war. It's that I felt we had a war that
we had not finished.''
``And al Qaeda is stronger now than at any time since 2001,
and we've got to do something about that because those guys
have a safe haven there and they are still planning to do
Americans harm.''
He also pointed out that the Bush administration had
actually shown signs of following his lead. Obama reminded me
that a late-January airstrike killed a senior al Qaeda
commander in Pakistan, calling it an example of the type of
action he'd been recommending since August. The CIA, it was
reported a few weeks after the strike, acted without the
direct approval of Musharraf.
Soon after I spoke with Senator Obama, the non-partisan
Government Accountability Office, the investigative arm of
the United States Congress, issued a report dated April 17,
2008 with a title requiring no interpretation: ``Combating
Terrorism: The United States Lacks Comprehensive Plan to
Destroy the Terrorist Threat and Close the Safe Haven in
Pakistan's Federally Administered Tribal Areas.''
The report, undertaken at the bipartisan request of U.S
House and Senate members, minced no words in issuing a
conclusion that should have made Americans' blood boil: Six
years after September 11, the United States had failed to
destroy the terrorist havens in Pakistan's federally
administered tribal areas (known in the report as FATA). The
GAO confirmed prior reports that al Qaeda was revitalized and
poised to launch an attack, and said that no comprehensive
U.S. plan existed to combat terrorism on its most central
front.
In the days that followed its release, I spoke to Charles
Johnson, under whose signature the GAO report was issued. He
told me: ``With respect to establishing a comprehensive plan,
we found that there were some individual plans that had been
prepared by the various entities I mentioned earlier [the
Department of Defense, Department of State, U.S. Agency for
International Development, among others].''
``But yet there was no comprehensive plan that integrated
all of the key elements of national power that was called for
by the 9/11 Commission, by the National Security Strategy for
Combating Terrorism and the United States Congress. And those
elements I'm referring to are: the use of military, economic
and development assistance; law enforcement support;
intelligence support; as well as political and diplomatic
means by which we would want to address the root cause of
terrorism in a particular region.''
From there the headlines continued to defy the GAO
recommendations. ``Pakistan asserts it is near a deal with
militants,'' read the front page of the April 25 edition of
the New York Times. Pakistan's newly elected government was
again on the verge of an accord with the militants running
amok in the FATA--despite the new government's previously
stated desires to move away from Musharraf's policies in
those regions. Less than a week later, under the headline
``Pakistan's planned accord with militants alarms U.S.,'' The
New York Times reported that the Bush administration
expressed concern that the new agreement could contribute to
``further unraveling of security'' in the region.
The arrangement was tailor made for bin Laden. It permitted
the local Taliban group, Tehrik-e-Taliban, to assist in
keeping law and order in the area known as Swat in the
northwest frontier province--while not attacking the existing
security forces--in return for an exchange of prisoners
between the Pakistani Army and the Taliban. The Army also
agreed to withdraw forces from parts of Swat. According to a
report from the May 22 edition of The New York Times, the
Bush Administration was concerned that the deal would ``give
the Taliban and Al Qaeda the latitude to carry out attacks
against American and NATO forces in Afghanistan.'' Some U.S.
officials even went so far as to call it a ``victory'' for
bin Laden, as reported by ABC News. What else are we to
assume, except that the climate in Pakistan may grow even
more hospitable to al Qaeda?
In a refreshing opportunity free from the stock answers so
often given by politicians, I was given the chance to
interview Marcus Luttrell as part of my radio book club
series in May 2008. He was the only survivor of Operation Red
Wing, a mission that would result in the worst loss in Naval
Seal history. He earned a Navy Cross for his valor and wrote
about his harrowing story in The New York Times' best seller,
Lone Survivor. Unlike most of the bureaucrats from
Washington, who have only been able to offer me talking
points from a failed policy, Luttrell gave a brutally honest
account of the time he spent in the Hindu Kush, a mountainous
[[Page 20759]]
area located just a few miles from the northwestern border of
Pakistan. Luttrell described how his efforts were too often
constricted by red tape.
``Yeah, we've got some problems with that border . . .
because we'd be chasing the bad guys in there and they had a
lot of security set up and we have to stop what we're doing
while they just run across and if we don't, we'll get engaged
by the Paki border guards and that's an international
incident.''
Luttrell couldn't delve into the details of the prickly
international problem that was created by the tension with
the border guard, but when I asked him if the Pakistan issue
was a problem in general, he wholeheartedly agreed.
``Hell yeah it's a problem. Heck, they're harboring the
enemy. It's such a joke, it's so stupid. [T]hey come over and
do their business, whatever is, and if it gets them in to
trouble, all they have to do is sink back into Pakistan and
stay there. They say, ``We're good here, we're good here' . .
. It's frustrating.''
Americans may be uncertain about which talking point of the
day to believe on this issue, but I'm taking the word of a
guy who saw the conditions first-hand. Marcus Luttrell and
thousands of other men and women in uniform serve their
country valiantly. Don't we owe it to them to aggressively
pursue and kill the enemies that seek to destroy them?
Supporting the account of Marcus Luttrell is a chilling
report released by the RAND Corporation, a think tank, on
June 9, 2008. The report warned that the ``United States and
its NATO allies will face crippling long-term consequences in
their effort to stabilize and rebuild Afghanistan'' if it
does not eliminate Taliban strongholds in Pakistan.
All of this while the presidential contenders and the
Americans headed to the polls were mostly silent in the face
of a seven year timeline moving in the wrong direction. For
his part, Ayman al-Zawahiri was apparently so comfortable
that he spent time logging into jihad chat rooms and
attracting thousands of questions from the peon terrorists
prepared to do his dirty work.
All of this drives me batshit, and it just might drive me
into the Obama camp. That'd be quite a departure. I've been
active in the Republican Party since I turned eighteen and
registered to vote for Ronald Reagan in 1980. While a college
undergraduate at Lehigh University, I did advance work for
then Vice President George H.W. Bush. And soon after I
graduated from law school at the University of Pennsylvania,
Penn, he appointed me, at age 29, to run the Department of
Housing and Urban Development in five states under the
direction of Secretary Jack Kemp. I supported Bush 43 in both
of his campaigns. Hell, in 2004, I MC'd his final
Pennsylvania rally with 20,000 people in a suburban
cornfield.
My frustration is so apparent that a fellow journalist from
The Philadelphia Daily News has labeled me ``fixated'' with
9/11. At least I'm consistent. In 2004, I donated all of my
proceeds from my first book, Flying Blind: How Political
Correctness Continues to Compromise Airline Safety Post 9/11,
to a memorial in Bucks County, Pennsylvania called the Garden
of Reflection for Ground Zero victims. Many of my radio
listeners bought that book. Now some of them pound out
hatriolic emails to my website because, on the strength of
this issue, I said Barack Obama was the better of the two
Democrats in the Pennsylvania primary.
But frankly, I don't care.
The Bush Administration's failure to orchestrate a
successful counter-terrorism plan--one topped off with
justice for Osama bin Laden and Ayman al-Zawahiri--has left
me embarrassed of my party and angry. The oft-repeated
explanations of the search being nuanced or covering
difficult terrain should have worn thin long ago.
Unfortunately, even after dangling my vote in front of
Senator John McCain, the nominee from my own party, he only
offered a continuation of the Bush Administration's policy.
In a conversation I had with the Senator on June 13, 2008, he
first attempted to say that our counterterrorism efforts were
working and that remaining on good terms with Pakistan was
imperative to our safety.
``There has been progress in those areas. Pakistan is a
sovereign nation and we have to have the cooperation of
Pakistan in order to have these operations succeed. I don't
have any classified information, but I do know that there are
activities taking place that are intended to counter some of
these activities, so all I want to say to you is that if you
alienate Pakistan and it turns into an anti-American
government, then you will have much greater difficulties.''
Even when the Senator attempted to remind me of the fact
that the United States also gives a great deal of money to
Egypt, who, like Pakistan, could be more helpful in assisting
the U.S. in the War on Terror, I pointed out to him that
these guys aren't hiding in Cairo. The people responsible for
the atrocities of 9/11 are concentrated in an area
northwestern Pakistan, a fact which I repeated to the
Senator. He then pointed out the historic difficulty with the
region.
``I have promised that I will get Osama bin Laden when I am
President of the United States, but . . . you can go on the
internet, and look at that countryside, and there's a reason
why it hasn't been governed since the days of Alexander the
Great. They're ruled by about, it's my understanding,
thirteen tribal entities, and nobody has ever governed them,
not the Pakistani government, not the British--nobody, and so
it's a very, very difficult part of the world.'' He added,
``I agree with you that we should've gotten Osama bin Laden,
but I can't put all of it at the doorstep of the Pakastani
government.''
I have a great deal of respect for the Senator, but I have
a serious disagreement with him over this issue, something
which I let him know would dramatically influence my vote in
November. For the entirety of my interview, I tried to keep
the Senator focused on Pakistan, and though he answered all
of my questions, at the end of the interview, the Senator
tried to insert his message of the day, which was about the
Supreme Court ruling that granted habeas corpus rights to
enemy combatants. When he did, I responded, ``I hear you, and
all I think is that the guys who sent those guys over here
are still on the lamb and we're writing a big check, and I'm
unhappy about it.'' To my disappointment, the Senator said
the following, ``Yes, sir, and I understand that, and if you
let KSM, Khalid Sheikh Mohammad, and others go, they'll join
them over there. Thirty guys, who have been released, have
gone back to the battlefield.'' It wasn't the fact that he
once again dodged my clear dissatisfaction with the Pakistan
issue that left me dismayed--I've become quite used to it at
this point; it was the fact that I clearly heard an aide
mutter the line to him before he delivered it before me and
my captive audience. The campaign clearly had a stock answer
for me, an answer that I've heard before and have clearly
rejected.
Put quite simply, the support for this failed policy is
driving me to the edge of my long Republican career. And
despite never pulling a lever for a Democratic presidential
candidate, I believe the election this November will present
the chance to relieve this country of the conventional wisdom
that President Bush has offered for seven years and Senator
McCain appears resigned to advance: That President Musharraf
was a friend who did what he could to prevent Pakistan from
defaulting towards further extremism; that the hunt for Osama
bin Laden is nuanced and U.S. forces are doing everything
they can to find him; and that the war in Iraq is a necessary
one that hasn't distracted from the fight against those who
perpetrated and planned 9/11.
That wisdom has been proven unequivocally wrong.
The kicker? We, the tax payers, are footing the bill for
this negligence. According to a June 25, 2008 article in The
Philadelphia Inquirer, a GAO report showed that nearly two
billion given in aid to Pakistan was spent improperly. The
article states:
`` `For a large number of claims, Defense did not obtain
sufficient documentation from Pakistan to verify that claimed
costs were incremental, actually incurred or correctly
calculated,' the report concluded. `It seems as though the
Pakistani military went on a spending spree with American
taxpayers' wallets and no one bothered to investigate the
charges,' said Sen. Tom Harkin (D., Iowa), a member of the
Senate Appropriations Committee. `How hard would it have been
to confirm that a road we paid $15 million for was ever
built?' ''
The leaks about our Pakistani misadventures continued. It
was reported in The New York Times on June 30, 2008 that the
Bush Administration had created a secret plan in late 2007 to
settle disagreements between counterterrorism agencies that
were blocking the path of special ops forces into Pakistan.
Months after the plan was developed, however, the special ops
are still waiting, entangled in bureaucratic red tape. As
these highly-trained soldiers, who should be on the prowl for
Osama bin Laden, sit with their hands tied, al Qaeda's
presence has grown. According to the Times:
``After the Sept. 11 attacks, President Bush committed the
nation to a `war on terrorism' and made the destruction of
Mr. bin Laden's network the top priority of his presidency.
But it is increasingly clear that the Bush administration
will leave office with Al Qaeda having successfully relocated
its base from Afghanistan to Pakistan's tribal areas, where
it has rebuilt much of its ability to attack from the region
and broadcast its messages to militants across the world.''
In light of increasingly negative press about Afghanistan,
both the Obama and McCain campaigns addressed the issue in
foreign policy speeches on July 15, 2008. Senator Obama was
first up to bat. Here's some of what he said:
``In the 18 months since the surge began, the situation in
Afghanistan has deteriorated. June was our highest casualty
month of the war. The Taliban has been on the offensive, even
launching a brazen attack on one of our bases. Al Qaeda has a
growing sanctuary in Pakistan. That is a consequence of our
current strategy.''
``In fact--as should have been apparent to President Bush
and Senator McCain--the central front in the war on terror is
not Iraq, and it never was. That's why the second goal of my
new strategy will be taking the fight to al Qaeda in
Afghanistan and Pakistan.
[[Page 20760]]
``It is unacceptable that almost seven years after nearly
3,000 Americans were killed on our soil, the terrorists who
attacked us on 9/11 are still at large. Osama bin Laden and
Ayman al-Zawahari are recording messages to their followers
and plotting more terror. The Taliban controls parts of
Afghanistan. Al Qaeda has an expanding base in Pakistan that
is probably no farther from their old Afghan sanctuary than a
train ride from Washington to Philadelphia. If another attack
on our homeland comes, it will likely come from the same
region where 9/11 was planned. And yet today, we have five
times more troops in Iraq than Afghanistan.''
``The greatest threat to that security lies in the tribal
regions of Pakistan, where terrorists train and insurgents
strike into Afghanistan. We cannot tolerate a terrorist
sanctuary, and as President, I won't. We need a stronger and
sustained partnership between Afghanistan, Pakistan and NATO
to secure the border, to take out terrorist camps, and to
crack down on cross-border insurgents. We need more troops,
more helicopters, more satellites, more Predator drones in
the Afghan border region. And we must make it clear that if
Pakistan cannot or will not act, we will take out high-level
terrorist targets like bin Laden if we have them in our
sights.''
``Make no mistake: we can't succeed in Afghanistan or
secure our homeland unless we change our Pakistan policy. We
must expect more of the Pakistani government, but we must
offer more than a blank check to a General who has lost the
confidence of his people. It's time to strengthen stability
by standing up for the aspirations of the Pakistani people.
That's why I'm cosponsoring a bill with Joe Biden and Richard
Lugar to triple non-military aid to the Pakistani people and
to sustain it for a decade, while ensuring that the military
assistance we do provide is used to take the fight to the
Taliban and al Qaeda. We must move beyond a purely military
alliance built on convenience, or face mounting popular
opposition in a nuclear-armed nation at the nexus of terror
and radical Islam.''
``Only a strong Pakistani democracy can help us move toward
my third goal--securing all nuclear weapons and materials
from terrorists and rogue states. One of the terrible ironies
of the Iraq War is that President Bush used the threat of
nuclear terrorism to invade a country that had no active
nuclear program. But the fact that the President misled us
into a misguided war doesn't diminish the threat of a
terrorist with a weapon of mass destruction--in fact, it has
only increased it.''
Senator McCain offered a different view:
``A special focus of our regional strategy must be
Pakistan, where terrorists today enjoy sanctuary. This must
end. We must strengthen local tribes in the border areas who
are willing to fight the foreign terrorists there--the
strategy used successfully in Anbar and elsewhere in Iraq. We
must convince Pakistanis that this is their war as much as it
is ours. And we must empower the new civilian government of
Pakistan to defeat radicalism with greater support for
development, health, and education. Senator Obama has spoken
in public about taking unilateral military action in
Pakistan. In trying to sound tough, he has made it harder for
the people whose support we most need to provide it. I will
not bluster, and I will not make idle threats. But understand
this: when I am commander-in-chief, there will be nowhere the
terrorists can run, and nowhere they can hide.''
My ranting and raving on this issue seems to have caught
the attention of the national campaigns. In June 2008, the
Obama campaign used my praise of the candidate to supplement
their fact check section of the website on the Senator's
quest to catch bin Laden.
It became apparent that the Obama campaign wasn't the only
one to take notice; the interview I had done with Senator
McCain in June 2008, and general ire with the Republican
establishment on this issue, had obviously raised some red
flags over at the campaign. On July 24, 2008, former Mayor
Rudy Giuliani appeared on the program at his own request.
Though I was thrilled to have Rudy back to the show, as he
was my first choice out of the Republican presidential
candidates, it was clear that he was sent as a surrogate of
the McCain camp. Realizing this, I told Rudy exactly what was
keeping me from enthusiastically supporting McCain.
Specifically, I referenced a story that had run in The New
York Times that morning, describing the Bush Administration's
plan to divert $230 billion dollars in aid to Pakistan, which
was intended to be used for a variety of military purposes.
According to the Times, the money would be used for
everything, ``from counterterrorism programs to upgrading
that country's aging F-16 attack planes, which Pakistan
prizes more for their contribution to its military rivalry
with India than for fighting insurgents along its Afghan
border.'' In my opinion, it looked like we were continuing to
fund a country that had already grossly mismanaged the effort
to find bin Laden, and doing so while knowing that the funds
would be used to embolden the Pakistani army with regard to
the age-old conflict with India. When I asked the former
Mayor how he, the leader most defined by the 9/11 attacks,
could tolerate this sort of negligence, I ended my question
by telling him that I thought we were getting ``rolled.'' He
agreed with my analysis at story's face value, but qualified
his comments, ``I don't know what the background of this one
is. On the face of it, it makes no sense. Pakistan does not
face an imminent threat from India. India is becoming a
closer and closer ally. I think one of the good things the
Bush Administration has done is really turned it to a very
positive one, particularly with this deal regarding the use
of fuel that can be used for nuclear reactors, but the only
was this would make sense, is if it's part of an overall deal
to get them to allow us the leeway [to get bin Laden] we were
just talking about.''
I agreed with his analysis of this one instance, but after
a long train of abuses involving Pakistan, it's difficult to
keep an open mind. No campaign will ever be able to convince
me that we haven't dropped the ball in Pakistan, and have
disgraced the memories of the 9/11 victims in doing so.
While candidates talk, the dismaying story continues. A
recent report from The New York Times in July 2008 suggested
that the C.I.A. might not even be receiving proper
intelligence on the al Qaeda problem in Pakistan: ``The
C.I.A. has depended heavily on the ISI for information about
militants in Pakistan, despite longstanding concerns about
divided loyalties within the Pakistani spy service, which had
close relations with the Taliban in Afghanistan before the
Sept. 11 attacks. That ISI officers have maintained important
ties to anti-American militants has been the subject of
previous reports in The New York Times. But the C.I.A. and
the Bush administration have generally sought to avoid
criticism of Pakistan, which they regard as a crucial ally in
the fight against terrorism.'' It was reported two days later
that officers from this same intelligence service played a
role in the bombing of the Indian embassy in Kabul,
Afghanistan on July 7, 2008, which left fifty-four people
dead.
Still not convinced that Pakistan is knowingly harboring
the people working full-time to attack us? On August 12,
2008, Abu Saeed al-Masri, a senior al Qaeda commander was
killed in an American air strike. Where? The border between
Afghanistan and Pakistan, of course.
When President Musharaff resigned in August 2008 due to
political pressure from lingering doubts as to his legitimacy
from the previous election, President Bush offered undue
praise for the former President. A statement said,
``President Bush appreciates President Musharraf's efforts in
the democratic transition of Pakistan as well as his
commitment to fighting al Qaeda and extremist groups.''
Commitment? What a farce.
I say that because the weeks following Musharraf's
resignation have already brought incremental changes in
policy and faint reasons for optimism. The Pakistani military
spent most of August launching airstrikes against the Taliban
militants attacking American forces from the fence straddling
the Afghan-Pakistan border--an effort that resulted in more
than 400 Taliban casualties and a shallow retreat by the
terrorists. It's ``shallow'' because the Pakistani government
followed up those airstrikes by declaring a ceasefire to
coincide with the Muslim holy month of Ramadan. Legislators
from the tribal areas promised political support for the top
candidate in Pakistan's presidential election in exchange for
the truce, which was announced in the days leading up to the
country's vote.
Less than a week later, though, American forces finally
showed signs of taking the matter of the central front of the
war on terror into their own hands. A New York Times report
indicated that U.S. special ops forces attacked al-Qaeda
militants gathered in a Pakistani village called Jalal Khel.
U.S. officials said the move might represent the early stages
of a more dedicated and aggressive American presence in
Pakistan in the wake of General Musharraf's resignation.
Don't get me wrong, a more sustained United States assault
against the terrorists squatting in Pakistan is welcome news,
and it signifies a more urgent effort to hunt down and snuff
out the greatest threat to Americans' safety on our own
shores.
But it's about 2,555 days late and $11 billion short. Seven
years after 9/11, the country is stoking what was supposed to
be a complete and consuming ``war on terror'' with faint
signs of a sustained operation in the country where the bad
guys have been hiding for years.
How appalling. I doubt the families of the 3,000 innocents
murdered on 9/11--and the 4,000 that followed them in Iraq--
are content with it. After all, it's seven years, thousands
of troops and billions of dollars later, and our country has
failed to deliver on what we really owe them: Justice.
Nor have we answered the most important question pertaining
to our nation's future: Can we really win this war with
Islamic extremism? Because if we don't have the fire in our
belly to defend the American troops stonewalled by the
Afghan-Pakistani border; to hunt down and destroy the Taliban
and al-Qaeda militants camping out on the other side of that
border; and do everything we possibly can to capture and kill
Osama bin Laden and Ayman al-Zawahiri, I fear we'll be
[[Page 20761]]
left to deal with another fire--one raging in another
building, burning a hole in another American city.
____________________
RENEWABLE ENERGY AND JOB CREATION ACT
Mr. WHITEHOUSE. Madam President, I rise to applaud the Senate's
passage yesterday, as part of the so-called tax extenders legislation,
of important tax provisions that will move our Nation toward a green
economy. But I also would like to reiterate my support for our budget
pay-as-you-go rule and to express my disappointment that a nonoffset
version of the so-called alternative minimum tax, AMT, patch was part
of the tax package the Senate passed.
With our national debt level at a record high, and growing by the
day, responsible governing requires that we balance new spending and
revenue reductions with decreased spending or revenue increases. I am
proud to have supported Senator Conrad's amendment to the tax extenders
package that would have provided for the extension of the AMT patch and
other tax extenders on a fully offset basis. I also supported Senator
Conrad's effort to raise a point of order under the Senate rules
against the extenders amendment which was not fully offset.
Although I strongly prefer Senator Conrad's approach of abiding by
our budget rules, I decided to support final passage of the partially
offset tax package because of the many critical energy tax provisions
in the bill. I have been a strong proponent of growing our green
economy, which will both help us combat global climate change and
encourage investment in new technologies that will create jobs and
strengthen our position in the world economy. This tax extenders
package includes extensions of incentives for renewable energy, such as
wind, solar, and geothermal, and the extension of the research and
development tax credit on which businesses in Rhode Island and across
the Nation have come to depend. In addition, the legislation that we
passed yesterday includes a mental health parity law long championed by
Congressman Patrick Kennedy of my State of Rhode Island and his father,
Senator Edward Kennedy. This landmark provision will ensure that health
insurers provide mental health patients with quality coverage and will
go down as one of the signature accomplishments of this Congress. I
want to take this opportunity to congratulate Congressman Kennedy and
the other architects of this important tax legislation.
____________________
HONORING OUR ARMED FORCES
Captain Bruce E. Hays
Mr. BARRASSO. Madam President, I rise today to pay tribute and
express our Nation's sincere gratitude to a remarkable young soldier
and his family. I was saddened to receive word that on September 17,
2008, Army CPT Bruce E. Hays of Cheyenne, WY, was killed in the line of
duty while serving our country in the war on terrorism. Captain Hays
died from injuries he sustained while supporting Operation Enduring
Freedom when an improvised explosive device detonated near his vehicle
in Gerdia Seria, Afghanistan.
Captain Hays first enlisted in the Army in 1984, and joined the
Wyoming National Guard in 2000. He received his commission and became
an officer later that year. He was a versatile soldier, commanding
units ranging from field artillery to information technology. Captain
Hays is remembered by his fellow Wyoming soldiers as an outstanding
officer, commander and leader who was both loved and respected by his
troops.
It is because of Bruce Hays and the blanket of freedom that he fought
to provide that we sleep safely in our beds at night. The brave men and
women of this Nation who answer the call to service and wear the
uniform of the Armed Forces deserve respect and recognition for the
enormous burden that they willingly bear. They put their very lives on
the line every day for their fellow countrymen. And because of them and
their families, our Nation remains safe and free in the face of danger
and those who seek to harm us.
Captain Hays represents the epitome of this selfless service to a
cause greater than one's self. He was deployed as chief of an Embedded
Training Team, charged with mentoring the Afghan police forces to
defend the people of Afghanistan against terrorism. Laying aside his
own self interest, Captain Hays gave his life in a far off land helping
a fledgling democracy and a newly freed people to live the dreams that
freedom and liberty bring.
In the book of John, Jesus said that, ``Greater love has no man than
this, that he lay his life down for his friend.'' CPT Bruce Hays gave
his life, that last full measure of devotion, for you, me, and every
single American. He gave his life defending his country and its people,
and we honor him for this selfless sacrifice. And there are no words to
express the profound gratitude that our Nation owes this brave solder
and his family.
Captain Hays is survived by a loving family including his wife Marie
and their children, Bethany, Eleanor, John, Alfonso, and Genevieve, and
his parents Barbara and Leonard. He is also survived by his brothers
and sisters in arms of the Wyoming National Guard and the U.S. Army. We
say goodbye to a devoted family man and an American citizen soldier.
Our Nation pays its deepest respect to CPT Bruce E. Hays for his
courage, his love of country and his sacrifice, so that we may remain
free. He was a hero in life and will remain so in death. All of
Wyoming, and indeed the entire Nation, is proud of him. May God bless
him and his family, and greet him with open arms.
Staff Sergeant Nathan M. Cox.
Mr. GRASSLEY. Madam President, I rise today to honor SSgt Nathan M.
Cox who was killed on September 20, 2008 in Korengal Valley,
Afghanistan. Staff Sergeant Cox was serving with B Company, 1st
Battalion, 26th Infantry Regiment, 1st Infantry Division, out of Fort
Hood, TX, and died following the injuries that he sustained after his
vehicle encountered an improvised exploding device by the roadside. I
would like to express my condolences to Nathan's friends and family, in
particular Nathan's parents Jane and Leslie, wife Annie, and 5-year-old
daughter Sophia. They are in my thoughts and prayers.
Staff Sergeant Cox was deployed to Afghanistan in July of this year,
having spent a year in Iraq prior to his arrival in Afghanistan. He had
attended Davenport Central High School in Davenport, IA, and enlisted
in the Army straight after leaving high school. Nathan spent 3 years in
Bosnia during the mid 1990s. Then, in 2005, at age 29, he re-entered
the Army to make it his career. Nathan made the ultimate sacrifice
defending the country and the people that he loved, so that those of us
back home can enjoy safety and freedom. His bravery and the bravery of
all of his comrades will never be forgotten by a grateful nation.
Jane Cox, Nathan's mother, said that Nathan was very interested in
foreign affairs and hence chose the Army to utilize his talents. She
added that Nathan had finally come to terms with his ``gift of being a
leader.'' People who knew him describe a man with a great sense of
humor who always looked on the bright side of everything. It is during
these times of uncertainty abroad and at home that we look to the
examples set by people like Staff Sergeant Cox, who carry out their
duty in a way that is both courageous and honorable. I know that Nathan
did not die in vain, but his tremendous sacrifice has helped to secure
peace and freedom for the United States and our allies around the
world.
____________________
U.S. MARSHALS SERVICE ANNIVERSARY
Mr. MARTINEZ. Madam President, for 219 years, the U.S. Marshals
Service has helped to bring some of America's worst criminals to
justice, and our Nation is a safer place because of their service. On
their anniversary, I would like to offer my many thanks for their
commitment to upholding the rule of law and their willingness to
protect and serve Americans.
During their 219 years of service, the marshals have executed
warrants, distributed Presidential proclamations,
[[Page 20762]]
registered enemy aliens in a time of war, and helped conduct the
national census. They have also ensured the safe conduct of judicial
proceedings and protected Federal judges and jurors and other members
of the Federal judiciary.
They lead the Witness Security Program; serving nearly 18,000
Government witnesses and their family members whose lives are in danger
as a result of the witnesses' testimony against gangs, drug
traffickers, terrorists, organized crime members, and other criminals.
Recently, the State of Florida enlisted the marshals' services to
help combat rising instances of violent crime. During the 3-month
effort, known as Operation Orange Crush, the Marshals' Regional
Fugitive Task Force was responsible for arresting more than 2,400
violent criminal fugitives in Florida. The operation was an
overwhelming success, and Florida is grateful for the men and women of
the U.S. Marshals Service for helping to make it possible. I would like
to offer my special thanks to a few of the officials who made Operation
Orange Crush so successful: U.S. Marshal Service Director John F.
Clark; U.S. Marshal for the Northern District of Florida, Dennis A.
Williamson; U.S. Marshal for the Middle District of Florida Thomas D.
Hurlburt, Jr.; and U.S. Marshal for the Southern District of Florida
Christina Pharo.
As Americans, we are fortunate to have such a highly specialized law
enforcement agency dedicated to protecting our personal freedoms and
keeping criminals behind bars. I offer my heartiest congratulations to
the U.S. Marshals Service on 219 good years and wish for many more to
come.
____________________
TRIBUTE TO ASHLEY BROST
Mr. THUNE. Madam President, today I rise to recognize Ashley Brost,
an intern in my Washington, DC, office, for all of the hard work she
has done for me, my staff, and the State of South Dakota over the past
several months.
Ashley is a graduate of Lincoln High School in Sioux Falls, SD, and
of Augustana College, where she majored in sociology. Currently, she is
attending the University of South Dakota. She is a hard worker who has
been dedicated to getting the most out of her internship experience.
I would like to extend my sincere thanks and appreciation to Ashley
for all of the fine work she has done and wish her continued success in
the years to come.
____________________
TRIBUTE TO JENNIFER FIERRO
Mr. THUNE. Madam President, today I rise to recognize Jennifer
Fierro, an intern in my Washington, DC, office, for all of the hard
work she has done for me, my staff, and the State of South Dakota over
the past several months.
Jennifer was home schooled in Santa Ana, CA, and graduated from the
University of South Dakota, where she majored in Spanish. She is a hard
worker who has been dedicated to getting the most out of her internship
experience.
I would like to extend my sincere thanks and appreciation to Jennifer
for all of the fine work she has done and wish her continued success in
the years to come.
____________________
TRIBUTE TO JESSIE MILSTEAD
Mr. THUNE. Madam President, today I rise to recognize Jessie
Milstead, an intern in my Washington, DC office, for all of the hard
work she has done for me, my staff, and the State of South Dakota over
the past several months.
Jessie is a graduate of West Central High School in Hartford, SD, and
in the spring, she will attend Northwestern College in Minnesota. She
is a hard worker who has been dedicated to getting the most out of her
internship experience.
I would like to extend my sincere thanks and appreciation to Jessie
for all of the fine work she has done and wish her continued success in
the years to come.
____________________
IDAHOANS SPEAK OUT ON HIGH ENERGY PRICES
Mr. CRAPO. Madam President, in mid-June, I asked Idahoans to share
with me how high energy prices are affecting their lives, and they
responded by the hundreds. The stories, numbering well over 1,000, are
heartbreaking and touching. To respect their efforts, I am submitting
every e-mail sent to me through an address set up specifically for this
purpose to the Congressional Record. This is not an issue that will be
easily resolved, but it is one that deserves immediate and serious
attention, and Idahoans deserve to be heard. Their stories not only
detail their struggles to meet everyday expenses, but also have
suggestions and recommendations as to what Congress can do now to
tackle this problem and find solutions that last beyond today. I ask
unanimous consent to have today's letters printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
It is a relief to finally see someone in our legislation
coming to the people for their input! I am currently serving
in the USAF, stationed at Mountain Home AFB. I work in Flying
Ops. I put about 35 miles a day on my vehicle, just coming to
and going home from work. The base itself is ten miles away
from town; my house, about 15 miles away from the base. The
average price for a gallon of unleaded here is about $4.09.
The base has up until now been able to keep its gas prices
under $4, but finally hit it this past Monday. I drive a 4-
cylinder VW Jetta, with a 14-gallon tank and it costs me $46
to fill it up. I find myself only driving to and from work,
as I do not feel like I can afford to drive anywhere else,
which is a bummer as Mountain Home's resources are low and if
I need something that I cannot find at Wal-Mart (like clothes
and shoes for my infant daughter), I have to drive to Boise
to get those, or home improvement material, or clothing for
myself. I also find my grocery bill skyrocketing. I used to
be able to spend $150 and get food for two weeks. I now find
that $150 lasts me about a week, which is unacceptable. I am
putting so much money towards the necessities that I hardly
do any of the niceties anymore. My husband has parked his
truck in favor of driving his motorcycle to work everyday to
save us money, and we are selling our boat as it just costs
way too much to fill it up, and the truck to tow the boat to
any lake. So, in the end, energy costs have driven me to only
drive to and from work, sell my boat, park my truck, and
spend a ridiculous amount of money on food. Thanks for your
time.
Jessica, Mountain Home.
____
Thank you for this opportunity to express my concerns
regarding the escalating price of living in Idaho due in
large part to the ever increasing cost of energy.
I work for Alaska Airlines in Boise, Idaho. My gas bill to
cover my commute has gone from $100 to $300 per month. Our
industry has been heavily affected by the obscene rise in the
cost of aviation fuel. Alaska Air is a profitable business.
They've worked very hard at putting a lot of cash in the
bank. They never just spent their way into bankruptcy, then
emerged a few years later with all of their debts relieved.
Today, in order to stay alive, in addition to raising air
fares and reducing routes, they have to charge seemingly
ridiculous charges for the ordinary services associated with
travel. And still the cost of fuel rises. Just today we
received the ``second'' corporate letter, advising us that
Alaska Airlines is doing all it possibly can to reduce costs,
that each of us needs to be conscious of everything we do and
be as profitable as we can with each service we provide. I
work in a call center. Are those the voices of [foreign] call
center agents I hear at Alaska Airline's front door? Not only
are some of the finest American customer service agents in
danger of losing our jobs, but the least respected of all
call center personnel will smudge the here-to-fore finest
airline service in the world.
I have read that you have worked on alternative fuel
development. This is a fine aspiration, but with what result?
At present, alternative fuels cannot even begin to touch the
huge volume it would take to replace gas and oil energy. And,
as a result of corn-based fuels, corn-based commodities
around the world have also escalated in price. Cereal,
tortillas, breads, dog food, chicken and beef feed, the list
goes on, are all affected by increased prices I pay every
day. And in Third World countries, where such commodities are
staples, people are facing shortages and starvation. When the
farmer cannot afford to cultivate his crops, the trucker
cannot afford to pick up the crops and bring them to market,
and the market has to raise the prices of staples, how far
behind are we from becoming a society of haves and have-nots?
For far too long now, we have let the environmental
movement intimidate our energy policy in this country. It
started with a little bit of this and that. We stopped
drilling
[[Page 20763]]
for oil and gas off our scenic coasts and large inland tracts
of land deemed environmentally sensitive. We stopped
approving refineries and thereby reduced our domestic
supplies of fuel, relying instead on ever-increasing foreign
sources. One of the biggest environmental accidents happened
near Valdez, Alaska. Environmentalists blamed big oil.
Ironically, the oil spilled was imported from the Middle
East. Accompanying all this was the slow rise in the price
consumers pay to run their cars and heat their homes.
Our government has played both side of the aisle with CAFE
standards that have not improved gas mileage so much as to
drive the price of cars to the same price as a good house in
the 1960s. Regulations have driven refineries to further
increase the price of fuel required to manufacture multiple
blends. All of these products are heavily taxed by our
government. If the oil companies are accused of making
obscene profits, then can we not say the same about the
never-mentioned windfall profits that our federal government
collects?
What would I do? I would ask you to start plans to find and
develop our best sources of domestic oil and natural gas
resources. I would ask you to find places in this country
that would just love to refine petroleum and encourage their
communities to do so with plenty of tax incentives. Just
getting the plans on the board would burst this bubble of
inflationary speculation. (These suggestions, if started
today would take at least ten years to get up and running).
I would also ask that we start plans to build safe and
efficient nuclear power plants. France and Germany possess
marvelous examples we can emulate and exceed. And standardize
the plan designs. Multiple designs in the past really bloated
the cost of construction. And further, we need to fend off
the environmentalist's incessant legal maneuvering that have
historically subverted and inflated the price of energy
development.
Well, this is more than two paragraphs. But it contains in
my opinion, the elements we need to address today and with
haste.
Robert, Boise.
____
I am writing to you in response to your newsletter about
high energy prices and how that affects the people of Idaho.
You have requested me to share my story about how high energy
prices are affecting me personally.
I am more than happy to share with you my sufferings as an
Idahoan in light of the increased speculative energy prices
that we, as a nation, are facing. It has not been easy, as I
am sure can be difficult for some people who make far more
money and have more influence to understand. Month after
month we Americans have been struggling to make ends meet in
this day and time where our nation has been faced by higher
energy costs based off of speculative markets, and foreign
energy needs. Never in our recent past has our government set
us up for failure as a nation to be more independent on the
energy needs of our country. Now we are paying the price for
turning a blind eye to a growing energy problem and possibly
inappropriate relationships and deals with companies and
foreign nations. Never before in American history does it
make better sense for us to look at new energy supplies,
increase energy efficiency, and break our dependence on
foreign oil. There are many different renewable resources to
concentrate on, many of which (with government backing and
subsidies) would allow us as individuals to incorporate our
own energy needs with energy supplies that we can create on
an individual basis. I am talking about solar power, wind
power, hydro electricity (on a very small scale of course).
Not only by allowing individual Americans cheaper more
realistic options for creating our own energy would we really
grasp the amount of independent energy we could create. This
has yet to happen, as time and time again, [partisan
politicians] shoot down solar energy bills, renewable
resources options, and energy tax benefit programs. I base
this solely off of the ignorance of the [party-line
politics], especially considering I have written to [my
congressional representatives and] all of my other government
officials pleading for you to break from [partisanship] to
help alleviate our dependence on foreign energy suppliers.
To make matters worse for me and fellow Idahoans, you and
Larry Craig are now working hard to make our state available
to nuclear power. This is not help, in my honest opinion. You
call it a renewable energy resource; I call it ignorant
energy band aid that carry very long term affects. We
Idahoans do not and never did want our state to become the
nation's nuclear dumping ground. Yet, you officials continue
to make our lands available for the spent nuclear energy of
other states, and now other nations. Also, you are opening
the doors to corporate entities that want to take advantage
of our weak state policies so that they can create nuclear
facilities in Idaho that will not even be supplying Idahoans
with such said energy.
So, again, you ask me how the today's energy crisis is
affecting the people that put you in office. I tell you it is
affecting me in the pocket book, in my personal values and
beliefs of renewable energy options, and now you are allowing
it to affect the land that I love so much--the good state of
Idaho.
If you really want to help, then I suggest that you stand
up for the people [who] voted for you. [I would ask that you
find ways to] build our options away from foreign energy
dependence, and give us more renewable energy options. I
implore you to stand up for our state, and help us protect
ourselves from corporate greed and nuclear mistakes by
protecting the lands we love, and keep them from having half-
life pollution dumped on them.
Andrew.
____
I am a LT in the U.S. Navy stationed in Cape Canaveral, FL.
I have been in the Navy for 18 years and claim Nampa as my
home of record. My parents still live in Nampa and are
retired. The ever-rising fuel costs over the last few years
have not only produced a dramatic impact on my day-to-day
living activities, but those of my parents' and other family
members as well who live in Idaho.
I have been driving the same vehicle over eight years and
am currently spending approximately $500/month in fuel for my
vehicle alone. My wife spends almost $350/month in her
vehicle. These costs are almost exclusively utilized for
commuting to and from work. We go to the grocery store once
every two weeks, and hardly ever go out anymore. I estimate
from one year ago a rise of at least $250/month, and probably
$400/month from two years ago in gasoline spending. To put
this into perspective, that is an estimated $3,000 annually.
It does not take a brain surgeon to figure out that my cost
of living increase of about $100/month does not even come
close to making up the difference. Not to mention the
dramatic rise in food costs we have experienced over the last
year (and we even have the privilege of shopping at the
commissary). Add to that the drastic loss of equity in my
home (almost $100k in two years) because of the housing
market here in central Florida, and you begin to get a good
feeling of how the little guy feels.
Now, I have proudly served my country for almost two
decades, have contributed significantly to bettering our
world and saving money at the same time. (I recently
developed and implemented a continuous improvement project
here at the Navy Port in Cape Canaveral that saves the
taxpayers approximately $300,000 annually!). My question to
you, ladies and gentlemen, is what are you doing to help me
out in this time of crisis!! Thank you for your attention.
Josh, Nampa.
____
We are happy to hear that President Bush has opened our
water borders for oil drilling. Now we need the rest of those
places that have oil to be opened to drilling! It is late to
be doing such but totally necessary. For the protection of
our country, we need to have energy to survive! Many around
use are using bicycles to get around or walking. My health is
not good enough to do that although I am going to work in
that direction. We also need trails where battery golf carts,
etc., can maneuver around for the sake of the older
generation. Our family has to travel to work so they still
have to drive. Please encourage President Bush and the
Congress to open all areas with oil for drilling and also
point the nation toward many other possibilities for other
energy fuels.
Art and Lynn, Nampa.
____
Actually, I do not agree with your stance on this, at all.
The cost of not protecting the environment will far outweigh
the costs of increased gas/oil prices. I do not know about
you, but I would actually like our children to have a world
to live in, even if that means I pay for that right now. I
would rather see our government invest in new energy
technology, cleaner sources of fuels, mass transit, bicycle
lanes to encourage safe bike commuting, etc rather than drill
in ANWR and keep taxes on gas down.
I have yet to understand the conservative view of
supporting oil drilling at the expense of supporting other
industries. There is a fortune to be made in developing
technologies designed to clean the environment rather than
foul it. The U.S. is losing jobs and revenues every year to
other countries in old industries. Our strength as a nation
has long been in developing brand-new industries. Why not
encourage that now? Why not invest in a new biofuel
technology like algae farms? Why not invest in companies
developing ways to clean smokestack exhaust? Why not invest
in river clean-up processes? Whether we want to admit it or
not, these are the types of technologies that will be
America's future. We should be embracing them, not
suffocating them by limiting research dollars.
Unfortunately, as fledgling industries, they do not have
the voice that large, highly profitable industries like oil
and gas, do and thus they do not hold as much political
influence. It is truly a shame that our country has devolved
to such a base motivation as this.
I respect and admire your concern for the economic impact
rising gas prices are having on individual families in Idaho.
And I understand that if you do not work to protect you
constituents they will elect someone who will. But there
comes a point at which our elected officials need to act in
our long term
[[Page 20764]]
best interests even if it means short term sacrifices by the
people. If doing so costs a politician their seat in the next
election, they'll still be able to take much pride in having
done the right thing, for the right reasons.
When do you reach that point? What issue gets you there?
Chris.
____
This is not about how energy prices affect my standard of
living, but how it affects the standard of living of
everyone. We are about to lose many jobs because of high
energy prices. The high price of natural gas is going to
close down many industries that use large quantities. The
impact on Americans lives will be lot worse than $4 gasoline.
We are on the edge of a depression if we lose as many jobs as
I think we might.
Congress needs to immediately lease offshore tracts off
Florida, and the east coast. Open up offshore California. Get
the Alaska pipeline going. That alone can provide 10% of our
nation's natural gas needs. Reinvent the nuclear industry.
Financially sponsor a reference nuclear generating plant so
that future developers will know the costs. The costs are so
uncertain that everyone is afraid of the risk. We need to
produce electricity with coal and nuclear not natural gas.
Remember, in the 1970s, it was unlawful to construct new
natural gas fired power plants because Congress deemed it a
waste of the resource.
Once we have a stable supply of natural gas encourage it is
use as a transportation fuel. Honda makes a Compressed
Natural Gas Civic, and I saw one at the Honda dealer in
California last week. It is a great car for certain people.
We do not have one public CNG filing station in Idaho.
By developing our own resources natural gas, oil shale,
coal, and nuclear, we can quit sending billions of dollars to
the Middle East and create good jobs for Americans.
Forget alternative energy sources for the time being. It is
a distraction from the emergency we are now facing. Focus on
the immediate need to save jobs. If Congress does not quickly
declare a National Emergency and allow more energy
development by cutting through the regulatory processes for
permits and opening up more areas for drilling we face
economic collapse.
Please try to get Congress to quit grandstanding and work
on real solutions. Having oil companies CEOs testify about
their compensation packages when the details are already in
the public record is pure grandstanding, a disgrace and does
nothing to help Americans.
Read The Bottomless Well by Peter Huber and Mark Mills.
Tyler.
____________________
ADDITIONAL STATEMENTS
______
RECOGNIZING THE BENJAMIN ROSE INSTITUTE
Mr. BROWN. Madam President, I congratulate the Benjamin Rose
Institute on its 100th anniversary, an exciting milestone for this
Northeast Ohio organization.
Established in 1908 with money donated by Cleveland industrialist
Benjamin Rose, the institute has worked to advance the health,
independence, and dignity of older adults by raising the standards of
elder care.
Over its 100-year history, the institute has provided counseling and
home care to those older Americans suffering from mental and physical
illnesses; offered companionship, housing, and social workers to
seniors in need; pursued research on applied gerontology; and advocated
for the elderly at the local, state, and national levels of government.
In the days before Social Security, the Benjamin Rose Institute
provided pensions to older adults who needed help staying in their
homes and keeping food on their tables. And starting in the 1940s, the
Benjamin Rose Institute began running group homes and, later, nursing
homes, for seniors unable to live independently.
Over the years, tens of thousands of Ohioans living in the Cleveland
area have been touched by the institute's work and have come to realize
the critical role the institute plays in their community.
I commend the Benjamin Rose Institute for a century of charitable
work on behalf of older Ohioans.
____________________
REMEMBERING MARY JANE FISHER
Mr. CARDIN. Madam President, I wish to commemorate the
wonderful life of my friend, Mary Jane Fisher, a greatly admired
journalist and publicist who passed away last Sunday, September 14, in
Washington, DC, at the age of 90.
Mary Jane was a dear friend whose life experiences were as varied as
the people who knew and loved her. From 1976 to 2001, Mary Jane worked
as the Washington correspondent for the National Underwriter, a
publisher of insurance and financial services trade publications. Mrs.
Fisher, who reported and wrote weekly columns for the company's
property and casualty and health and life editions, was a well-known
figure on Capitol Hill reporting on insurance activities. She was a
frequent presence at hearings in the Ways and Means Committee, where I
served for many of those years, and interviewed me often on health care
and insurance matters.
A former National Underwriter editor once referred to Mary Jane as
the ``Helen Thomas'' of the insurance trade press. Mrs. Fisher had seen
Presidents, Senators, Representatives, lobbyists, and reporters come
and go during her more than three decades of covering insurance issues
in Washington. If a congressional committee debated legislation
involving pensions, retirement issues or health insurance, you could
count on seeing her at the press table.
During one particularly memorable Ways and Means hearing on Medicare
prescription drug coverage, I watched from the dais as she beamed with
pride. Sitting next to her on one side was her daughter, Susan, who has
been my communications director for 22 years, and on the other sat her
granddaughter Jennifer, who interned in the Ways and Means Democratic
press office that summer.
Her storied career, however, began on the west coast. Born Mary Jane
Johnson in Berkeley, CA, on December 31, 1917, she was raised in
Seattle, WA. Mrs. Fisher graduated from Franklin High School in 1935
and attended the University of Washington, where she earned a
bachelor's degree in journalism in 1939. After college, she worked as a
reporter and editor for the Seattle Times, the Seattle Post-
Intelligencer, and the Coos Bay World. In addition to reporting and
editing in Coos Bay, in her spare time, Mrs. Fisher also served as
forest fire spotter, looking for fires started by Japanese incendiary
devices that had been carried across the Pacific via weather balloons.
Mary Jane, as a lieutenant in the Waves in World War II from December
1942 until January 1946, served as a public information officer at the
Sand Point Naval Air Station in Seattle. In 1946, she was assigned to
the staff handling publicity at the very first meeting of the United
Nations in San Francisco.
In 1946, after a whirlwind courtship of several weeks, she married
Joel H. Fisher, a Washington attorney, who was then an assistant
solicitor in the Commerce Department. They were married in Des Moines,
IA, and Commerce Secretary Henry Wallace served as the best man. When
her husband became the European counsel for the American Joint
Distribution Committee, Mrs. Fisher moved to Paris, where she
befriended Alice B. Toklas, a fellow Seattle native.
In 1950, pregnant with twins, Mrs. Fisher returned to the U.S. and
settled in Washington, DC. After the birth of her children, Susan and
John, she worked on Capitol Hill for 3 years as a staffer for
Representative Don Magnuson of Washington State. Later, as a free-lance
publicist, she represented the National Ballet, the Institute of
Contemporary Arts, and the National Symphony Orchestra, NSO, among many
other organizations, and served as the NSO's public relations director.
From 1962 until 1968, she worked as a speechwriter in the Commerce
Department and in the summer of 1968, she served as press secretary to
India Edwards, the special assistant to DNC Chairman John Bailey, and
helped handle press for the Democratic National Convention in Chicago.
In the late 1960s, as a free-lance journalist, she saw several of her
articles published in The Washington Star.
A long-time resident of Washington's Cleveland Park neighborhood,
Mrs. Fisher was member of the National Press Club, the Women's National
Press Club, the American Newspaper
[[Page 20765]]
Women's Club, Mortar Board, and Theta Sigma Phi, a journalism and
communications professional organization.
From Washington State to Washington, DC, from Paris to Chicago to the
Halls of Congress and the National Press Club, Mary Jane Fisher was an
admired and respected journalist. She approached every assignment with
enthusiasm and determination to get the story right. I will miss my
conversations with her, and I am certain that sentiment is echoed by
hundreds across the Nation this week as we remember her, and offer our
heartfelt condolences to her daughter Susan, her son John, son-in-law
Brian, and granddaughters Jennifer and Karen.
____________________
125TH ANNIVERSARY OF SHEYENNE, NORTH DAKOTA
Mr. CONRAD. Madam President, I am pleased to honor a community
in North Dakota that recently celebrated its 125th anniversary. From
July 4 to July 6, the residents of Sheyenne gathered to celebrate their
community and its historic founding.
Sheyenne is located in Eddy County. The name is said to have come
from the Cheyenne Indian Tribe; however, it was misspelled by the
area's first explorers and hasn't been changed since. The town was
inhabited in 1885 by Clarence E. Bennett and then formally platted in
1892 under the jurisdiction of J.W. Richter. The Richter family built
the first store and elevator on what is now Main Street. Sheyenne began
as a large wheat growing community and slowly evolved into a small
business community with the expansion of the railroad and increased
numbers of settlers. The nearby Sheyenne River served as a constant
source of food and other goods throughout its development.
As my colleagues know, the Great Depression left no community in the
Midwest unaffected. Sheyenne suffered greatly as an agriculture
community, but--- as they had done during World War I and the influenza
epidemic--- citizens helped one another and fought through all of the
hardships
Today, Sheyenne is home to Hendrickson Park, the Log Cabin Museum,
and the Warsing Dam. Volumes of the ``Shining Star'' Sheyenne Newspaper
dating back to 1897 can be found at the Log Cabin Museum. Outdoorsmen
can catch anything from a largemouth bass to yellow perch along the
banks of the Warsing Dam. Camping, hiking, and biking are also popular
activities in this area.
The celebration of 125 years as a community was nothing short of
spectacular. Sheyenne had an all-school reunion, a parade, a BBQ
dinner, a Bull-a-Rama, and memorable fireworks to top it off. The
community also honored the newly remodeled and expanded Equity Elevator
that has been in operation since 1910. This was truly a celebration
unlike any other.
Madam President, I ask the Senate to join me in congratulating
Sheyenne, ND, and its residents on their 125th anniversary and in
wishing them well for the future. By honoring Sheyenne and all other
small historic towns of North Dakota, we keep the pioneering, frontier
spirit alive for future generations. It is places such as Sheyenne that
have helped to shape this country into what it is today, which is why
this fine community is deserving of our recognition.
Sheyenne has a proud past and a bright future.
____________________
125TH ANNIVERSARY OF DAZEY, NORTH DAKOTA
Mr. CONRAD. Madam President, I am pleased to honor a community
in North Dakota that recently celebrated its 125th anniversary. From
July 18 to July 20, the residents of Dazey gathered to celebrate their
community and its historic founding.
Dazey is located in Barnes County. It is proudly named after the
famous playwright C.T. Dazey. Classic plays such as ``In Old Kentucky''
and ``Abie's Irish Rose'' were written by C.T. and performed on
Broadway during the turn of the 20th century. C.T. Dazey purchased land
from the Mack Brothers and donated half of it to the Northern Pacific
Railroad to build a new town with the agreement that it would be named
after him.
World War I sparked life in Dazey giving this ``boom town'' energy to
build houses, hotels, banks, churches, a newspaper company, and a post
office. The first baseball team in Dazey was put in motion in 1888; it
played its first game against the neighboring township of Getchell.
Dazey was a thriving community until the Depression. Despite hard
times, Dazey hung on and began to grow again. Today, homes are being
built and community members have restored the great atmosphere in
charming Dazey.
The city's 125th anniversary celebration kicked off with an all-
school alumni banquet and karaoke dance. The celebration continued into
the weekend and included a parade, a play, a tractor pull, a buffalo
feed, and a North Dakota mysteries and oddities museum. There was the
popular ``mud run'' as well as a play at the Dazey theatre titled
``Stop the Villain.'' It was an event that will be remembered by these
residents and visitors for years to come.
Madam President, I ask the Senate to join me in congratulating Dazey,
ND, and its residents on their 125th anniversary and in wishing them
well for the future. By honoring Dazey and all other small historic
towns of North Dakota, we keep the pioneering, frontier spirit alive
for future generations. It is places such as Dazey that have helped to
shape this country into what it is today, which is why this fine
community is deserving of our recognition.
Dazey has a proud past and a bright future.
____________________
125TH ANNIVERSARY OF CHRISTINE, NORTH DAKOTA
Mr. CONRAD. Madam President, I am pleased to honor a community
in North Dakota that recently celebrated itsy 125th anniversary. On
July 26, the residents of Christine gathered to celebrate their
community's history and founding.
Christine is a small town located in Richland County in southeastern
North Dakota between the Red River and Wild Rice River. The post office
was established November 17, 1884, in the general stored owned by John
Munger. Settled by Scandinavians, Christine was named for the Swedish
operatic soprano, Christine Nilsson. The Chicago, Milwaukee and St.
Paul Railroad built a depot at Christine in 1886.
Today, Christine remains a proud community that has a prosperous
economy consisting of farming. The Christine community center is a
valuable asset that provides a place for the citizens to gather.
Residents of Christine are known for their honesty, strong work ethic,
and living off the land.
The community had a wonderful weekend celebration to commemorate its
125th anniversary. Residents began the celebration with a breakfast
served by Christine Church at the community center. There was also a
parade, a carnival, a presentation of Christine's history, and a
dedication of the community center. The evening ended with a city meal
and dance with music from the Plow Boys.
Madam President, I ask the Senate to join me in congratulating
Christine, ND, and its residents on their 125th anniversary and in
wishing them well in the future. By honoring Christine and all the
other historic towns of North Dakota, we keep the pioneering frontier
spirit alive for future generations. It is places such as Christine
that have helped shape this country into what it is today, which is why
this community is deserving of our recognition.
Christine has a proud past and a bright future.
____________________
TRIBUTE TO STEWART PORTELA
Mr. CRAPO. Madam President, it is an honor for me to recognize
a man who has made it his life's work to recognize the contributions of
Idaho veterans and educate the next generation of Idahoans about the
sacrifices made by those who have fought for our great Nation. Stewart
Portela, a teacher at Firth High School, is the author of three books
on Idaho veterans. He has arranged no fewer than eight student
[[Page 20766]]
tours back here to Washington, DC, and to area Civil War battlefields
himself, in order to make the trip more affordable for his students. He
accompanies his students on these educational tours. He has held
graduation ceremonies in conjunction with the Firth High School
graduation ceremonies to graduate local veterans who enlisted in the
military prior to graduating from high school. Named ``Operation
Veteran,'' this idea has spread to at least 10 neighboring high
schools.
Stewart is responsible for the display of photos of all the local
veterans in the high school hallways, complete with unit designation,
years, branch, and wars. There are over 200 veterans whose photos are
displayed at Firth High School. He conducts the Veterans Day program at
the high school every year. In 2007, 87 veterans and 600 people from
the local community attended the ceremony.
As a teacher, Stewart brings history to life. With close to 40
students in his military history class every year, Stewart is proud to
be able to share experiences firsthand with them, like earlier this
year when an 87-year-old veteran who served aboard the USS Pennsylvania
at Pearl Harbor on December 7, 1941, told his story to Stewart's class.
In fact, Stewart's extraordinary efforts were recently rewarded when he
was honored as one of three Idaho recipients of the Veterans of Foreign
Wars Idaho Teacher of the Year for 2007-2008.
Stewart has been the featured speaker at more than 40 veterans,
civic, or church groups, talking about veterans and their influence on
our Nation. He has devoted many years, much energy, and great passion
to remind us, young and old, that freedom is not free and that those
who have made tremendous sacrifices for our freedom are a heartfelt
thank-you away.
I am glad to recognize and thank Stewart for his ongoing
contributions to inspire patriotism, recognize veterans, and promote
the civic education of our children.
____________________
ADEL-DESOTO-MINBURN COMMUNITY EDUCATION
Mr. HARKIN. Madam President, in Iowa and across the United
States, a new school year has begun. As you know, Iowa public schools
have an excellent reputation nationwide, and Iowa students' test scores
are among the highest in the Nation.
I would like to take just a few minutes, today, to salute the
dedicated teachers, administrators, and school board members in the
Adel-DeSoto-Minburn Community School District, and to report on their
participation in a unique Federal partnership to repair and modernize
school facilities.
This fall marks the 10th year of the Iowa Demonstration Construction
Grant Program. That is its formal name, but it is better known among
educators in Iowa as the program of Harkin grants for Iowa public
schools. Since 1998, I have been fortunate to secure a total of $121
million for the State government in Iowa, which selects worthy school
districts to receive these grants for a range of renovation and repair
efforts between everything from updating fire safety systems to
building new schools or renovating existing facilities. In many cases,
this Federal funding is used to leverage public and/or private local
funding, so it often has a tremendous multiplier effect in a local
school district.
The Adel-DeSoto-Minburn Community School District received a 2003
Harkin grant totaling $454,290 which it used to help build an addition
to Adel Primary School and to renovate classrooms in the building. This
school is a modern, state-of-the-art facility that befits the
educational ambitions and excellence of this school district. Indeed,
it is the kind of school facility that every child in America deserves.
The district also received a 1999 fire safety grant for $75,000 to make
fire system, exit lighting and electrical improvements in the district.
Excellent schools do not just pop up like mushrooms after a rain.
They are the product of vision, leadership, persistence, and a
tremendous amount of collaboration among local officials and concerned
citizens. I salute the entire staff, administration, and governance in
the Adel-DeSoto-Minburn Community School District. In particular, I
would like to recognize the leadership of the board of education--
president Tim Canney, vice president Kim Roby, Sally Bird, Jen Heins
and Steve Meyer and former board members Pat Steele, Darrell Weems and
Paula James. I would also like to recognize superintendent Greg Dufoe
and former superintendent Timothy Hoffman.
As we mark the 10th anniversary of the Harkin school grant program in
Iowa, I am obliged to point out that many thousands of school buildings
and facilities across the United States are in dire need of renovation
or replacement. In my State of Iowa alone, according to a recent study,
some 79 percent of public schools need to be upgraded or repaired. The
harsh reality is that the average age of school buildings in the United
States is nearly 50 years.
Too often, our children visit ultramodern shopping malls and gleaming
sports arenas on weekends, but during the week go to school in rundown
or antiquated facilities. This sends exactly the wrong message to our
young people about our priorities. We have to do better.
That is why I am deeply grateful to the professionals and parents in
the Adel-DeSoto-Minburn Community School District. There is no question
that a quality public education for every child is a top priority in
that community. I salute them, and wish them a very successful new
school year.
____________________
CENTER POINT-URBANA COMMUNITY EDUCATION
Mr. HARKIN. Madam President, in Iowa and across the United
States, a new school year has begun. As you know, Iowa public schools
have an excellent reputation nationwide, and Iowa students' test scores
are among the highest in the Nation.
I would like to take just a few minutes, today, to salute the
dedicated teachers, administrators, and school board members in the
Center Point-Urbana Community School District, and to report on their
participation in a unique Federal partnership to repair and modernize
school facilities.
This fall marks the 10th year of the Iowa Demonstration Construction
Grant Program. That is its formal name, but it is better known among
educators in Iowa as the program of Harkin grants for Iowa public
schools. Since 1998, I have been fortunate to secure a total of $121
million for the State government in Iowa, which selects worthy school
districts to receive these grants for a range of renovation and repair
efforts--everything from updating fire safety systems to building new
schools or renovating existing facilities. In many cases, this Federal
funding is used to leverage public and/or private local funding, so it
often has a tremendous multiplier effect in a local school district.
The Center Point-Urbana Community School District received a 2002
Harkin grant totaling $125,500 which it used to help build a new health
and fitness center addition which is used not only by the school, but
by the community as a whole. The district also received two fire safety
grants totaling $42,152 which it used to replace emergency systems
throughout the district.
Excellent schools do not just pop up like mushrooms after a rain.
They are the product of vision, leadership, persistence, and a
tremendous amount of collaboration among local officials and concerned
citizens. I salute the entire staff, administration, and governance in
the Center Point-Urbana Community School District. In particular, I
would like to recognize the leadership of the board of education--
president Carol Engelken, Mark Boies, Tammy Carolan, Scott Millikin and
Dan Jones as well as former president Connie Elgin and former members
Kelly Bonar and Todd Ramsey. I would also like to recognize
superintendent Alan Marshall, former superintendent Richard Whitehead,
athletic director Dan Rosendahl and board secretary Kathy Thomas.
As we mark the 10th anniversary of the Harkin school grant program in
[[Page 20767]]
Iowa, I am obliged to point out that many thousands of school buildings
and facilities across the United States are in dire need of renovation
or replacement. In my State of Iowa alone, according to a recent study,
some 79 percent of public schools need to be upgraded or repaired. The
harsh reality is that the average age of school buildings in the United
States is nearly 50 years.
Too often, our children visit ultramodern shopping malls and gleaming
sports arenas on weekends, but during the week go to school in rundown
or antiquated facilities. This sends exactly the wrong message to our
young people about our priorities. We have to do better.
That is why I am deeply grateful to the professionals and parents in
the Center Point-Urbana Community School District. There is no question
that a quality public education for every child is a top priority in
that community. I salute them, and wish them a very successful new
school year.
____________________
CORNING COMMUNITY EDUCATION
Mr. HARKIN. Madam President, in Iowa and across the United
States, a new school year has begun. As you know, Iowa public schools
have an excellent reputation nationwide, and Iowa students' test scores
are among the highest in the Nation.
I would like to take just a few minutes, today, to salute the
dedicated teachers, administrators, and school board members in the
Corning Community School District, and to report on their participation
in a unique Federal partnership to repair and modernize school
facilities.
This fall marks the 10th year of the Iowa Demonstration Construction
Grant Program. That is its formal name, but it is better known among
educators in Iowa as the program of Harkin grants for Iowa public
schools. Since 1998, I have been fortunate to secure a total of $121
million for the State government in Iowa, which selects worthy school
districts to receive these grants for a range of renovation and repair
efforts--everything from updating fire safety systems to building new
schools or renovating existing facilities. In many cases, this Federal
funding is used to leverage public and/or private local funding, so it
often has a tremendous multiplier effect in a local school district.
The Corning Community School District received several Harkin fire
safety grants totaling $193,244 which have been vital to the district's
ability to maintain and keep buildings open. The high school was built
in 1928 and had been cited by the State Fire Marshall for severe
deficiencies. As a result of this funding, Corning Community School
District was able to install an automatic door, a state of the art fire
detection system, replace all the doors in the high school with
automatic closures, and they are beginning the process of adding an
elevator for students and others who use wheelchairs. The Federal
grants have made it possible for the district to provide quality and
safe schools for their students.
Excellent schools do not just pop up like mushrooms after a rain.
They are the product of vision, leadership, persistence, and a
tremendous amount of collaboration among local officials and concerned
citizens. I salute superintendent Mike Wells, the entire staff,
administration, and governance in the Corning Community School
District. In particular, I would like to recognize the leadership of
the board of education--president Gary Goldsmith, Ralph Morales, Lori
Harvey, Dr. Anna Leonard, and Shelly Barton and former members Nancy
Turner, Pastor Andy Rubenking, and Reldon Ramsey, along with former
superintendent, Gregg Fuerstenau. Gary Goldsmith insisted that the
necessary improvements be made and that the school provide a safe
learning environment for all children.
In addition, I applaud the efforts of Gary Swartz with the Iowa
Department of Education who provided guidance with the grant writing
procedure and high school principal Kent Jorgensen who assisted with
the grant application and who demonstrated an unwavering dedication to
the students. Others who assisted the district with the Harkin grants
are: Don Kenworthy, retired teacher/electrician who did much of the
work and shared his expertise throughout the process; Dale Rohe from
Feld Equipment for assisting the district in prioritizing needs and
installing the fire detection system; mayor Guy Brace for his local
support and guidance; and Chris Boswell, maintenance director who
provided the labor force for the work and assisted with the repairs.
As we mark the 10th anniversary of the Harkin school grant program in
Iowa, I am obliged to point out that many thousands of school buildings
and facilities across the United States are in dire need of renovation
or replacement. In my State of Iowa alone, according to a recent study,
some 79 percent of public schools need to be upgraded or repaired. The
harsh reality is that the average age of school buildings in the United
States is nearly 50 years.
Too often, our children visit ultramodern shopping malls and gleaming
sports arenas on weekends, but during the week go to school in rundown
or antiquated facilities. This sends exactly the wrong message to our
young people about our priorities. We have to do better.
That is why I am deeply grateful to the professionals and parents in
the Corning Community School District. There is no question that a
quality public education for every child is a top priority in that
community. I salute them, and wish them a very successful new school
year.
____________________
HAMPTON-DUMONT COMMUNITY EDUCATION
Mr. HARKIN. Madam President, in Iowa and across the United
States, a new school year has begun. As you know, Iowa public schools
have an excellent reputation nationwide, and Iowa students' test scores
are among the highest in the Nation.
I would like to take just a few minutes, today, to salute the
dedicated teachers, administrators, and school board members in the
Hampton-Dumont Community School District, and to report on their
participation in a unique Federal partnership to repair and modernize
school facilities.
This fall marks the 10th year of the Iowa Demonstration Construction
Grant Program. That is its formal name, but it is better known among
educators in Iowa as the program of Harkin grants for Iowa public
schools. Since 1998, I have been fortunate to secure a total of $121
million for the State government in Iowa, which selects worthy school
districts to receive these grants for a range of renovation and repair
efforts--everything from updating fire safety systems to building new
schools or renovating existing facilities. In many cases, this Federal
funding is used to leverage public and/or private local funding, so it
often has a tremendous multiplier effect in a local school district.
The Hampton-Dumont Community School District received a 2002 Harkin
grant totaling $1 million which it used to help build an addition and
make renovations to Southside Elementary. This school is a modern,
state-of-the-art facility that befits the educational ambitions and
excellence of this school district. Indeed, it is the kind of school
facility that every child in America deserves. The district also
received two fire safety grants totaling $152,000 to upgrade the fire
alarms systems and make other repairs at schools in the district.
Excellent schools do not just pop up like mushrooms after a rain.
They are the product of vision, leadership, persistence, and a
tremendous amount of collaboration among local officials and concerned
citizens. I salute the entire staff, administration, and governance in
the Hampton-Dumont Community School District. In particular, I would
like to recognize the leadership of the board of education--president
John Showalter, Kristi Wragge, Verla Pecha, Ryan Winters, Ron Raney,
Scott Sackville and Stacy Miller and former board members Teresa
Peterson, David Hannah and Harry Birdsell. I would also like to
recognize superintendent
[[Page 20768]]
Todd Lettow, former superintendent Leland Morrison, director of
maintenance Vern Wirtjes, elementary principal Dick Nervig and board
secretary Lisa Lewis.
As we mark the 10th anniversary of the Harkin school grant program in
Iowa, I am obliged to point out that many thousands of school buildings
and facilities across the United States are in dire need of renovation
or replacement. In my State of Iowa alone, according to a recent study,
some 79 percent of public schools need to be upgraded or repaired. The
harsh reality is that the average age of school buildings in the United
States is nearly 50 years.
Too often, our children visit ultramodern shopping malls and gleaming
sports arenas on weekends, but during the week go to school in rundown
or antiquated facilities. This sends exactly the wrong message to our
young people about our priorities. We have to do better.
That is why I am deeply grateful to the professionals and parents in
the Hampton-Dumont Community School District. There is no question that
a quality public education for every child is a top priority in that
community. I salute them, and wish them a very successful new school
year.
____________________
HIGHLAND COMMUNITY EDUCATION
Mr. HARKIN. Madam President, in Iowa and across the United
States, a new school year has begun. As you know, Iowa public schools
have an excellent reputation nationwide, and Iowa students' test scores
are among the highest in the Nation.
I would like to take just a few minutes, today, to salute the
dedicated teachers, administrators, and school board members in the
Highland Community School District, and to report on their
participation in a unique Federal partnership to repair and modernize
school facilities.
This fall marks the 10th year of the Iowa Demonstration Construction
Grant Program. That is its formal name, but it is better known among
educators in Iowa as the program of Harkin grants for Iowa public
schools. Since 1998, I have been fortunate to secure a total of $121
million for the State government in Iowa, which selects worthy school
districts to receive these grants for a range of renovation and repair
efforts--everything from updating fire safety systems to building new
schools or renovating existing facilities. In many cases, this Federal
funding is used to leverage public and/or private local funding, so it
often has a tremendous multiplier effect in a local school district.
The Highland Community School District received a 2000 Harkin grant
totaling $500,000 which was used to help build an addition to the
middle school. This addition is a modern, state-of-the-art facility
that befits the educational ambitions and excellence of this school
district. The district also has received two fire safety grants
totaling $46,400 to install heat detectors, emergency lighting and make
other repairs throughout the district. The Federal grants have made it
possible for the district to provide quality and safe schools for their
students.
Excellent schools do not just pop up like mushrooms after a rain.
They are the product of vision, leadership, persistence, and a
tremendous amount of collaboration among local officials and concerned
citizens. I salute the entire staff, administration, and governance in
the Highland Community School District. In particular, I'd like to
recognize the leadership of the board of education--Mike Roberts, Cindy
Michel, Robert Schneider, Ed Ossman, Kevin Engel, Bruce Temple and
Becky Hanson and former board members Teresa Greiner, Sandra Duwa,
Denny Klein, Vaughn Davisson, Craig Slay and Rodney Cole. I would also
like to recognize superintendent Chris Armstrong and former
superintendent Carol Montz.
As we mark the 10th anniversary of the Harkin school grant program in
Iowa, I am obliged to point out that many thousands of school buildings
and facilities across the United States are in dire need of renovation
or replacement. In my State of Iowa alone, according to a recent study,
some 79 percent of public schools need to be upgraded or repaired. The
harsh reality is that the average age of school buildings in the United
States is nearly 50 years.
Too often, our children visit ultramodern shopping malls and gleaming
sports arenas on weekends, but during the week go to school in rundown
or antiquated facilities. This sends exactly the wrong message to our
young people about our priorities. We have to do better.
That is why I am deeply grateful to the professionals and parents in
the Highland Community School District. There is no question that a
quality public education for every child is a top priority in that
community. I salute them, and wish them a very successful new school
year.
____________________
WASHINGTON COMMUNITY EDUCATION
Mr. HARKIN. Madam President, in Iowa and across the United
States, a new school year has begun. As you know, Iowa public schools
have an excellent reputation nationwide, and Iowa students' test scores
are among the highest in the Nation.
I would like to take just a few minutes, today, to salute the
dedicated teachers, administrators, and schoolboard members in the
Washington Community School District, and to report on their
participation in a unique Federal partnership to repair and modernize
school facilities.
This fall marks the 10th year of the Iowa Demonstration Construction
Grant Program. That is its formal name, but it is better known among
educators in Iowa as the program of Harkin grants for Iowa public
schools. Since 1998, I have been fortunate to secure a total of $121
million for the State government in Iowa, which selects worthy school
districts to receive these grants for a range of renovation and repair
efforts--everything from updating fire safety systems to building new
schools or renovating existing facilities. In many cases, this Federal
funding is used to leverage public and/or private local funding, so it
often has a tremendous multiplier effect in a local school district.
The Washington Community School District received a 2005 Harkin grant
totaling $500,000 which was used to upgrade all the facilities in the
district including an addition to Stewart Elementary School. The
district also received $200,000 in fire safety grants since 2003 for a
fire alarm system at the high school and repairs at Lincoln, Stewart
and Washington schools. The Federal grants have made it possible for
the district to provide quality and safe schools for their students.
Excellent schools do not just pop up like mushrooms after a rain.
They are the product of vision, leadership, persistence, and a
tremendous amount of collaboration among local officials and concerned
citizens. I salute the entire staff, administration, and governance in
the Washington Community School District. In particular, I would like
to recognize the leadership of the board of education--Tim Orris, Patty
Roe, Heidi Vittetoe, Deb Stanton, Eric Turner, Ron Goodwin, and Cathy
Rich and former board members Jim Gorham and Vickie Reighard. I would
also like to recognize superintendent Dave Schmitt.
As we mark the 10th anniversary of the Harkin School Grant Program in
Iowa, I am obliged to point out that many thousands of school buildings
and facilities across the United States are in dire need of renovation
or replacement. In my State of Iowa alone, according to a recent study,
some 79 percent of public schools need to be upgraded or repaired. The
harsh reality is that the average age of school buildings in the United
States is nearly 50 years.
Too often, our children visit ultramodern shopping malls and gleaming
sports arenas on weekends, but during the week go to school in rundown
or antiquated facilities. This sends exactly the wrong message to our
young people about our priorities. We have to do better.
[[Page 20769]]
That is why I am deeply grateful to the professionals and parents in
the Washington Community School District. There is no question that a
quality public education for every child is a top priority in that
community. I salute them, and wish them a very successful new school
year.
____________________
RECOGNIZING AMERICAN LEGION POST 75
Mr. KOHL. Madam President, on July 19, 2008, American Legion
Post 75 in Fond du Lac, WI, named its building in honor of James
Megellas. James Megellas is one of Fond du Lac's favorite sons and this
is indeed a fitting honor. I congratulate Post 75 and want to take a
moment to honor James Megellas' service to our country.
Mr. Megellas was a student at Ripon College in Ripon, WI, when Pearl
Harbor was attacked. Upon his graduation in 1942, he accepted an ROTC
commission as a second lieutenant in the infantry and shortly
thereafter faced combat in the mountains near Venafro, Italy. In 1943
he took part in Operation Shingle. In early 1944 he was part of an
amphibious assault at Anzio. Heavy losses prevented his unit from
taking part in D-day in Normandy. Instead, they parachuted into Holland
under Operation Market Garden, the airborne invasion of the
Netherlands. Under heavy gunfire, memorialized in the film ``A Bridge
Too Far'', he took part in the famous crossing of the Waal River.
In December of 1944, his unit was rushed into the Battle of the
Bulge. In January 1945, as his platoon advanced toward Herresbach,
Belgium, against heavy snow and freezing cold, they surprised some 200
German troops who were advancing out of town. Megellas's platoon dealt
them a serious blow. In an act of incredible bravery, Megellas ran
toward a German Mark V tank as it was taking aim toward his platoon. He
disabled the tank with a single grenade then, climbing atop, dropped
another into the tank saving many of his men.
In 1946 he led his company down 5th Avenue in New York in the Victory
Parade. His awards have appropriately been many, including Silver
Stars, Bronze Stars, Purple Hearts and the Distinguished Service Cross.
He has been honored by the Government of Holland with the Military
Order of Willhelm Orange Lanyard.
This son of Fond du Lac served his country with honor and bravery. I
commend him and congratulate American Legion Post 75 for bestowing this
honor on one of Wisconsin's finest.
____________________
SPENCER, WEST VIRGINIA, CELEBRATION
Mr. ROCKEFELLER. Madam President, today I honor the town of
Spencer, WV, which is celebrating its 150th anniversary. Spencer is a
town with a long, rich history that is proudly considered by some as
West Virginia's largest small city. It is located centrally in West
Virginia and is filled with lots of character and many wonderful
people. And I am proud stand here today to brag about this town's fine
citizens and share their story.
Even from the earliest days, the people of Spencer have been tough,
resourceful, and committed to making good lives for their families. The
history of the great town of Spencer began in 1812 when the first
settlers, Samuel Tanner and Jonathan Wolfe, sought shelter for their
families in a large cave. The area was so beautiful that others decided
to make it their home as well. As more settlers gathered, the town
evolved. The town's name was changed from Tanner's Cross Road to
Cassville and then to New California when a settler stopped by on his
way to California.
In 1858, the town was officially chartered by the Virginia General
Assembly and renamed Spencer, reportedly in honor of Judge Spencer
Roane. Today we celebrate that official charter and recognize all those
who made Spencer what it is today, and those who will help fulfill its
future promise.
Spencer currently has a population of nearly 2,300. These residents
have really made their home a warm, special place to live and visit.
And they're proud of the events and activities that help define their
beloved town and honor its history. Presently, Spencer hosts a variety
of outdoor events that draw hundreds of people each year. The Black
Walnut Festival is filled with exciting attractions--from baking
contests and car shows, to grand parades and golf tournaments. The Tour
de Lake brings mountain bike racers from all over the State to compete
at the scenic Charles Fork Lake. These events, coupled only with the
warmth of its people, make Spencer a place people want to visit time
and again.
Spencer is an extraordinary town that embodies the greatness and
uniqueness of rural America. Its long history and diverse attractions
and its terrific, one-of-a-kind people represent the very best of our
Mountain State. I hope I have given my colleagues and the rest of our
nation just a glimpse of our little town of Spencer--which is big and
great in so many ways.
____________________
HONORING WILBUR YACHTS
Ms. SNOWE. Madam President, growing and maintaining a
successful small business is often challenging, but in the end, many
find that the rewards are beyond measure. Even more difficult can be
forming a successful and environmentally conscientious business, but
with the extra trials come even greater benefits. I wish to honor a
small business from my home State of Maine that has risen to the top
and has been recognized for its unsurpassed efforts in sustaining an
environmentally friendly business. For 35 years, Wilbur Yachts of
Southwest Harbor has helped to set the standard in the field of custom
motorboat construction, and for the last several years, the firm has
become an unparalleled leader in helping to challenge Maine's marine
industry to protect the State's pristine environment.
In 1973, Lee Wilbur left the field of education to become a boat
builder. Over the next 28 years, because of Mr. Wilbur's stalwart
resolve and unrelenting desire to effect positive change, he
transformed Wilbur Yachts into a company that is widely respected both
in Maine and nationwide for its high-quality boats and commitment to
environmental excellence. For years, Mr. Wilbur collaborated with other
boat makers, building vessels for a diverse array of clients ranging
from the Smithsonian Institution to pop singer Billy Joel. In 2001, Mr.
Wilbur and his wife Heidi sold the business to their daughter Ingrid
and her husband John Kachmar, who have embraced the longstanding
tradition of providing unrivaled products while remaining globally
aware. Under their leadership, the company has soared to even newer
heights.
This year, Wilbur Yachts celebrated its 35th anniversary, hosting
owners of boats which the firm has built for a traditional Marine
lobster bake. Coming from every corner of the globe, the owners of this
impressive international fleet are a testament to the exceptional
nature of Wilbur's yachts. Over the years, the firm's remarkable crafts
have been lauded by the likes of Power Cruising, Power & Motoryacht,
and Motorboating magazines.
Just as impressive as the company's proud history and enduring
commitment to excellence is Wilbur Yachts' dedication to protecting the
environment in which it works. The State of Maine recently awarded
Wilbur Yachts the gold certification in its Maine Clean Boatyards and
Marinas Program. The program identifies and highlights companies that
meet or exceed Federal and State environmental standards in five
specific areas of evaluation, including waste disposal and storage, and
boat sewage and pump-outs. This honor is truly unparalleled, as to date
no other boatyard has been acknowledged with this designation, the
program's highest level of recognition. While Wilbur Yachts had
previously held the silver certification, the most recent evaluation by
an independent panel gave the company perfect ratings in all five
groups.
Second-generation owners Ingrid and John Kachmar have led Wilbur
Yachts to improve safety and reduce environmental impact while
simultaneously
[[Page 20770]]
cultivating a company where, according to its motto, ``Maine Tradition
Meets Modern Technology.'' I applaud both the company's owners and its
employees for all of their efforts in producing yachts in an
environmentally responsible manner and wish them the best of luck for
the future.
____________________
TRIBUTE TO CANYON LAKE ALL-STAR LITTLE LEAGUE TEAM
Mr. THUNE. Madam President, today I honor the Canyon Lake All-
Star Little League team on becoming the first team from South Dakota to
qualify and play in the Little League World Series in Williamsport, PA.
The Canyon Lake All-Star Little League team's journey to the World
Series was one filled with great excitement and execution. After a
turbulent first three innings in the qualifying game, Canyon Lake
scored three runs in the bottom of the fourth capturing the lead. They
continued their rally into the fifth inning where they scored another
four runs defeating the Coon Rapids Little League team with a final
score of 7-1.
Canyon Lake was led by manager Doug Simons and assistant managers
Jeff Minnick and Steve Nolan. Of course, this historic season would be
impossible without the players themselves. The athletes of the 2007-
2008 Canyon Lake All-Star Little League team, in alphabetical order,
are as follows: Logan Anderson, Cale Fierro, Tanner Hagen, Jonah
Hanson, Bill Hendricks, Matt Minnick, TJ Nolan, Mark Petereit, Jesse
Riddle, Tanner Simons, Carter Wevik, Matt Wilson, and Alec Winter.
As a father of two student athletes, I know firsthand how much time
and effort is needed from parents and families in order for our
children to succeed. It is because of their support that these young
people were able to reach this outstanding accomplishment. All of these
families should be commended for the dedication they put forth to
support their children.
All of these players should be commended for their efforts. These
athletes should be very proud of all their remarkable achievements. On
behalf of the State of South Dakota, I am please to say congratulations
Canyon Lake All-Stars on this impressive accomplishment and keep up the
good work.
____________________
TRIBUTE TO COLONEL GREGG BLANCHARD
Mr. THUNE. Madam President, today I rise to pay tribute to COL
Gregg Blanchard, U.S. Army, on the occasion of his retirement after
over 21 years of dedicated service. He is a true patriot and
exceptional military leader--a living example of what is good about
America.
Colonel Blanchard and his wife, Barb, both hail from Rapid City, SD.
``Doc,'' as he is known to his friends, is a proud graduate of Rapid
City Central High School and the University of South Dakota. Barb
graduated from Rapid City Stevens High School, and from National
College in Rapid City.
Colonel Blanchard served successfully in every echelon of the Army,
from the platoon to the theater army. He commanded troops at the
company and battalion level and served a combat tour in Iraq as the
Deputy G4, V Corps. As a logistics officer, Colonel Blanchard's entire
career has been devoted to the care and support of his fellow soldiers
and their families. Over 9 of his 21 years were served overseas, where
he tirelessly focused on supporting our warriors and their families.
He commanded the 701st Main Support Battalion of the famous 1st
Infantry Division--the Big Red One. In this assignment, he supervised
the training and welfare of over 1,100 soldiers and their families. His
superb leadership and organizational ability were critical to the
smooth redeployment of the division from Germany to the United States
during the drawdown of forces in Europe. Colonel Blanchard's superb
leadership and positive attitude were contagious and inspired everyone
around him to give their best effort.
As the Deputy G4, V Corps and Deputy C-4, Multi-National Corps--Iraq,
Colonel Blanchard supervised logistical support to all forces operating
in the Iraq Theater of Operations. His superior skills as a leader,
planner and communicator led to several notable assignments in the
Pentagon with tours on the Army Staff, the Office of the Chairman of
the Joint Chiefs of Staff, and the Office of the Secretary of Defense.
The Army recognized the unique abilities of Colonel Blanchard and
selected him as one of four Active Army officers to serve as a
Congressional Fellow in 2003. In that capacity he served this body for
a year in the office of Senator Mark Dayton from Minnesota. This
assignment led to other legislative liaison assignments in the Army and
the Joint Staff.
When the first U.S. congressional delegation to Libya in 35 years
occurred, then-Lieutenant Colonel Blanchard was selected to escort and
coordinate the logistical challenges and country schedules for the
trip. He was also instrumental in improving the Army's process for
congressional notification of our fallen soldiers, and for improving
the Army's responsiveness to the tens of thousands of inquiries it
receives annually from Members of Congress.
In his current assignment as the Deputy Legislative Assistant to the
Chairman of the Joint Chiefs of Staff, Colonel Blanchard provides
critical assistance to the Senate Foreign Relations Committee and to
the Senate Select Committee on Intelligence. His advice and counsel is
regularly sought by senior defense leaders in the Army, the Joint
Community and by Members of Congress and their staffs.
For over 21 years, Colonel Blanchard served this great country from
locations all across the world. Whether mentoring and training young
troops as a commander, providing for soldiers in combat, developing and
affecting policy in the Pentagon, or working with Congress, he served
with honor and distinction. He will indeed be remembered as an
exceptional officer, a true patriot, a courageous warrior and a
dedicated leader with the highest integrity and compassion for all who
had the distinct honor of serving with him.
Barb and their children, Brittany and Alex, have demonstrated
unwavering support throughout Colonel Blanchard's distinguished career.
This Nation is also grateful for their sacrifices that enabled Colonel
Blanchard to serve with such distinction. Wherever he served, COL Gregg
Blanchard set the highest standards of service, professionalism and
leadership.
____________________
TRIBUTE TO ART DAWSON
Mr. THUNE. Madam President, today I honor Art Dawson of Rapid
City, SD, for receiving the President's Volunteer Service Award for
volunteering 4,000 hours to his community and to the Nation over the
course of his lifetime.
Art Dawson's outstanding service for others began in 1950 when he
joined the U.S. Army. After 30 dedicated years in the military, Art
retired as a lieutenant colonel in medical administration, but his
desire to serve others continued. Following his retirement Art worked
in the veteran's administration in California and volunteered for 7
years with the Red Cross. Art moved to Rapid City, SD, in 1996 and
immediately became an active and valuable member of the Rapid City
Community. Since Art moved to the Rapid City area, he has volunteered
himself to countless organizations including the Humane Society, the
Pennington County Sheriff's Department, CASA, and the Meals Program.
His selfless devotion and faithful service to others and to his
community is truly commendable.
It gives me great pleasure to congratulate Art Dawson for receiving
this honorable award, and thank him for all his years of service to
South Dakota and our Nation.
____________________
TRIBUTE TO KRISTIE FIEGEN
Mr. THUNE. Madam President, today I recognize the
accomplishments of Junior Achievement of South Dakota. In particular, I
would like to congratulate the organization's President, Kristie
Fiegen, for winning JA Worldwide's 2008 Charles R. Hook Award. This
award is bestowed on one
[[Page 20771]]
Junior Achievement executive annually, and is the top honor for JA
Presidents who demonstrate superior results in promoting the growth and
development of Junior Achievement in their area.
Junior Achievement is the world's largest organization dedicated to
teaching students in Kindergarten through 12th grade about the
importance of economics, entrepreneurism, and financial literacy. The
organization reaches over 9 million students around the world each
year, with over 130 local offices in the United States and operations
in over 110 countries worldwide. One of the things that makes JA so
unique is its use of adult volunteers to bring business to life for
students. In the U.S. alone, young people in more than 188,000
classrooms benefit annually from these positive role models.
Kristie is clearly deserving of receiving this year's Hook Award. She
has served as President of Junior Achievement of South Dakota since
1994. During this period, she has increased the organization's reach
from 2 percent to more than 28 percent of all South Dakota students.
The organization now reaches over 37,000 South Dakota students,
impacting over 1,700 classrooms. The organization's programs are
provided at no cost to schools and are funded entirely through the
private sector.
Especially in the current economic climate, teaching students the
importance of economics and financial literacy is of the utmost
importance, and I congratulate Kristie Fiegen and Junior Achievement of
South Dakota for their efforts in South Dakota.
____________________
TRIBUTE TO ROSS A. MURPHEY
Mr. THUNE. Madam President, today I honor Ross A. Murphey, a
great patriot and first Sergeant in the South Dakota National Guard.
Ross was the longest serving enlisted personnel in the history of the
South Dakota National Guard.
Ross Murphey began his outstanding service in the South Dakota
National Guard on March 13, 1966. As a senior in high school, Ross
served in Headquarters and Headquarters Company in the 109th Battalion.
Ross remained with the 109th until January 4, 1968, when the 842nd
Engineer Company was formed in Northern Black Hills Region. He spent
the next 37 years with the 842nd and eventually was transferred to Camp
Rapid in Rapid City, SD. He served with Camp Rapid from September 14,
2005, until his retirement on August 13, 2008. Ross' leadership and
commitment to the National Guard have been recognized numerous times,
including meritorious service medals, state awards and the Bronze
DeFleury award.
With hard work and dedication, Ross obtained a senior grade rank of
First Sergeant. He served multiple times with the 842nd, including time
served in Operation Enduring Freedom/Operation Iraqi Freedom at Baghdad
International Airport.
Ross' devoted service to country and longevity are an inspiration to
us all. Ross Murphey served the South Dakota National Guard with
commitment and honor. I commend him for his 42 years of service to
South Dakota and to our country.
____________________
MESSAGES FROM THE HOUSE
At 9:30 a.m., a message from the House of Representatives, delivered
by Ms. Niland, one of its reading clerks, announced that the House has
passed the following bills, in which it requests the concurrence of the
Senate:
H.R. 6894. An act to extend and reauthorize the Defense
Production Act of 1950, and for other purposes.
H.R. 6965. An act to extend the authorization of the
national flood insurance program, and for other purposes.
The message also announced that the House agrees to the amendments of
the Senate to the bill (H.R. 5834) to amend the North Korean Human
Rights Act of 2004 to promote respect for the fundamental human rights
of the people of North Korea, and for other purposes.
____
At 3:26 p.m., a message from the House of Representatives, delivered
by Mrs. Cole, one of its reading clerks, announced that the House has
passed the following bills, in which it requests the concurrence of the
Senate:
H.R. 642. An act to establish the Honorable Stephanie Tubbs
Jones Fire Suppression Demonstration Incentive Program within
the Department of Education to promote installation of fire
sprinkler systems, or other fire suppression or prevention
technologies, in qualified student housing and dormitories,
and for other purposes.
H.R. 5244. An act to amend the Truth in Lending Act to
establish fair and transparent practices relating to the
extension of credit under an open end consumer credit plan,
and for other purposes.
H.R. 5352. An act to protect seniors in the United States
from elder abuse by establishing specialized elder abuse
prosecution and research programs and activities to aid
victims of elder abuse, to provide training to prosecutors
and other law enforcement related to elder abuse prevention
and protection, to establish programs that provide for
emergency crisis response teams to combat elder abuse, and
for other purposes.
H.R. 5443. An act to improve defense cooperation between
the Republic of Korea and the United States.
H.R. 6646. An act to require the Secretary of State, in
consultation with the Secretary of Defense, to provide
detailed briefings to Congress on any recent discussions
conducted between United States Government and the Government
of Taiwan and any potential transfer of defense articles or
defense services to the Government of Taiwan.
The message further announced that the House has passed the following
bills, without amendment:
S. 1760. An act to amend the Public Health Service Act with
respect to the Healthy Start Initiative.
S. 3241. An act to designate the facility of the United
States Postal Service located at 1717 Orange Avenue in Fort
Pierce, Florida, as the ``CeeCee Ross Lyles Post Office
Building''.
The message also announced that the House has passed the following
bill, with an amendment, in which it requests the concurrence of the
Senate:
S. 3001. An act to authorize appropriations for fiscal year
2009 for military activities of the Department of Defense,
for military construction, and for defense activities of the
Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes.
The message further announced that the House has agreed to the
following concurrent resolutions, in which it requests the concurrence
of the Senate:
H. Con. Res. 371. Concurrent resolution strongly supporting
an immediate and just restitution of, or compensation for,
property illegally confiscated during the last century by
Nazi and Communist regimes.
H. Con. Res. 374. Concurrent resolution supporting
Christian, Jewish, and Muslim interfaith dialogue that
promotes peace, understanding, unity, and religious freedom.
____________________
ENROLLED BILLS AND JOINT RESOLUTIONS SIGNED
At 5:30 p.m., a message from the House of Representatives, delivered
by Mrs. Cole, one of its reading clerks, announced that the Speaker has
signed the following enrolled bills and joint resolutions:
S. 171. An act to designate the facility of the United
States Postal Service located at 301 Commerce Street in
Commerce, Oklahoma, as the ``Mickey Mantle Post Office
Building''.
S. 2135. An act to prohibit the recruitment or use of child
soldiers, to designate persons who recruit or use child
soldiers as inadmissible aliens, to allow the deportation of
persons who recruit or use child soldiers, and for other
purposes.
S.J. Res. 35. Joint resolution to amend Public Law 108-331
to provide for the construction and related activities in
support of the Very Energetic Radiation Imaging Telescope
Array System (VERITAS) project in Arizona.
S.J. Res. 45. Joint resolution expressing the consent and
approval of Congress to an interstate compact regarding water
resources in the Great Lakes-St. Lawrence River Basin.
H.R. 3986. An act to amend the John F. Kennedy Center Act
to authorize appropriations for the John F. Kennedy Center
for the Performing Arts, and for other purposes.
H.R. 6889. An act to extend the authority of the Secretary
of Education to purchase guaranteed student loans for an
additional year, and for other purposes.
H.R. 6893. An act to amend parts B and E of title IV of the
Social Security Act to connect and support relative
caregivers, improve outcomes for children in foster care,
provide for tribal foster care and adoption access, improve
incentives for adoption, and for other purposes.
The enrolled bills and joint resolutions were subsequently signed by
the President pro tempore (Mr. Byrd).
____
At 7:27 p.m., a message from the House of Representatives, delivered
by
[[Page 20772]]
Ms. Niland, one of its reading clerks, announced that the House has
passed the following bills, in which it requests the concurrence of the
Senate:
H.R. 7005. An act to amend the Internal Revenue Code of
1986 to provide alternative minimum tax relief for
individuals for 2008.
H.R. 7006. An act to amend the Internal Revenue Code of
1986 to provide disaster assistance relief.
____________________
EXECUTIVE AND OTHER COMMUNICATIONS
The following communications were laid before the Senate, together
with accompanying papers, reports, and documents, and were referred as
indicated:
EC-7801. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Boeing Model 747-400, -400D, and
-400F Series Airplanes'' ((RIN2120-AA64)(Docket No. FAA-2007-
28386)) received on August 20, 2008; to the Committee on
Commerce, Science, and Transportation.
EC-7802. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Dassault Model Mystere-Falcon 50
Airplanes'' ((RIN2120-AA64)(Docket No. FAA-2008-0118))
received on August 20, 2008; to the Committee on Commerce,
Science, and Transportation.
EC-7803. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Boeing Model 747-200F, 747-300,
747-400, and 747-400D Series Airplanes'' ((RIN2120-
AA64)(Docket No. FAA-2007-0045)) received on August 20, 2008;
to the Committee on Commerce, Science, and Transportation.
EC-7804. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Boeing Model 737-100, -200, -
200C, -300, -400, and -500 Series Airplanes'' ((RIN2120-
AA64)(Docket No. FAA-2007-28383)) received on August 20,
2008; to the Committee on Commerce, Science, and
Transportation.
EC-7805. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Boeing Model 737-600, -700, -
700C, -800, and -900 Series Airplanes'' ((RIN2120-
AA64)(Docket No. FAA-2007-28384)) received on August 20,
2008; to the Committee on Commerce, Science, and
Transportation.
EC-7806. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Boeing Model 757 Airplanes''
((RIN2120-AA64)(Docket No. FAA-2006-26710)) received on
August 20, 2008; to the Committee on Commerce, Science, and
Transportation.
EC-7807. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Air Tractor, Inc. AT-400, AT-500,
AT-600, and AT-800 Series Airplanes'' ((RIN2120-AA64)(Docket
No. FAA-2007-0258)) received on August 20, 2008; to the
Committee on Commerce, Science, and Transportation.
EC-7808. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Boeing Model 747-100, 747-100B,
747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747SR,
and 747SP Series Airplanes'' ((RIN2120-AA64)(Docket No. FAA-
2007-28385)) received on August 20, 2008; to the Committee on
Commerce, Science, and Transportation.
EC-7809. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; BAE Systems (Operations) Limited
Model BAe 146 and Model Avro 146-RJ Airplanes'' ((RIN2120-
AA64)(Docket No. FAA-2007-0371)) received on August 20, 2008;
to the Committee on Commerce, Science, and Transportation.
EC-7810. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Airbus Model A318, A319, A320,
and A321 Airplanes'' ((RIN2120-AA64)(Docket No. FAA-2008-
0014)) received on August 20, 2008; to the Committee on
Commerce, Science, and Transportation.
EC-7811. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; McDonnell Douglas Model 717-200
Airplanes'' ((RIN2120-AA64)(Docket No. FAA-2007-0214))
received on August 20, 2008; to the Committee on Commerce,
Science, and Transportation.
EC-7812. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; GENERAL AVIA Costruzioni
Aeronatiche Models F22B, F22C, and F22R Airplanes''
((RIN2120-AA64)(Docket No. FAA-2008-0423)) received on August
20, 2008; to the Committee on Commerce, Science, and
Transportation.
EC-7813. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Viking Air Limited Model DHC-2
Series Airplanes'' ((RIN2120-AA64)(Docket No. FAA-2008-0393))
received on August 20, 2008; to the Committee on Commerce,
Science, and Transportation.
EC-7814. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Agusta S.p.A. Model A109E, A109S,
and A119 Helicopters'' ((RIN2120-AA64)(Docket No. FAA-2008-
0630)) received on August 20, 2008; to the Committee on
Commerce, Science, and Transportation.
EC-7815. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Sandel Avionics Incorporated
Model ST3400 Terrain Awareness Warning System/Radio Magnetic
Indicator (TAWS/RMI) Units Approved Under Technical Standard
Order(s) C113, C151a, or C151b; Installed on Various Small
and Transport Category Airplanes'' ((RIN2120-AA64)(Docket No.
FAA-2007-0290)) received on August 20, 2008; to the Committee
on Commerce, Science, and Transportation.
EC-7816. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Airbus Model A310 and A300-600
Series Airplanes'' ((RIN2120-AA64)(Docket No. FAA-2008-0048))
received on August 20, 2008; to the Committee on Commerce,
Science, and Transportation.
EC-7817. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Boeing Model 737-100, -200, and -
200C Series Airplanes'' ((RIN2120-AA64)(Docket No. FAA-2007-
29069)) received on August 20, 2008; to the Committee on
Commerce, Science, and Transportation.
EC-7818. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Boeing Model 767-200, -300, -
300F, and -400ER Series Airplanes'' ((RIN2120-AA64)(Docket
No. FAA-2007-28388)) received on August 20, 2008; to the
Committee on Commerce, Science, and Transportation.
EC-7819. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Lockheed Model L-1011 Series
Airplanes'' ((RIN2120-AA64) (Docket No. FAA-2008-0181))
received on August 20, 2008; to the Committee on Commerce,
Science, and Transportation.
EC-7820. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Rolls-Royce Deutschland Ltd. &
Co. KG. (RRD) TAY 650-15 Turbofan Engines'' ((RIN2120-AA64)
(Docket No. FAA-2007-0037)) received on August 20, 2008; to
the Committee on Commerce, Science, and Transportation.
EC-7821. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Lockheed Model 382, 382B, 382E,
382F, 382G, and 382J Series Airplanes'' ((RIN2120-AA64)
(Docket No. FAA-2008-0740)) received on August 20, 2008; to
the Committee on Commerce, Science, and Transportation.
EC-7822. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Cessna Aircraft Company Model 525
Airplanes'' ((RIN2120-AA64) (Docket No. FAA-2008-0306))
received on August 20, 2008; to the Committee on Commerce,
Science, and Transportation.
EC-7823. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Boeing Model 777 Airplanes''
((RIN2120-AA64) (Docket No. FAA-2007-0393)) received on
August 20, 2008; to the Committee on Commerce, Science, and
Transportation.
[[Page 20773]]
EC-7824. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Bombardier Model CL-600-2B19
(Regional Jet Series 100 & 440) Airplanes'' ((RIN2120-AA64)
(Docket No. FAA-2008-0363)) received on August 20, 2008; to
the Committee on Commerce, Science, and Transportation.
EC-7825. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Boeing Model 737-600, -700, -
700C, -800 and -900 Series Airplanes'' ((RIN2120-AA64)
(Docket No. FAA-2007-27740)) received on August 20, 2008; to
the Committee on Commerce, Science, and Transportation.
EC-7826. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Revision of Legal Descriptions of Multiple Federal Airways
in the Vicinity of Farmington, NM'' ((RIN2120-AA66) (Docket
No. FAA-2008-0186)) received on August 20, 2008; to the
Committee on Commerce, Science, and Transportation.
EC-7827. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; EADS SOCATA Model TBM 700
Airplanes'' ((RIN2120-AA64) (Docket No. FAA-2008-0527))
received on August 20, 2008; to the Committee on Commerce,
Science, and Transportation.
EC-7828. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Sikorsky Aircraft Corporation
Model S-61A, S-61D, S-61E, and S-61V Helicopters'' ((RIN2120-
AA64) (Docket No. FAA-2007-0284)) received on August 20,
2008; to the Committee on Commerce, Science, and
Transportation.
EC-7829. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; BAE Systems (Operations) Limited
(Jetstream) Model 4101 Airplanes'' ((RIN2120-AA64)(Docket No.
FAA-2008-0275)) received on August 20, 2008; to the Committee
on Commerce, Science, and Transportation.
EC-7830. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Boeing Model 747-400, 747-400D,
and 747-400F Series Airplanes'' ((RIN2120-AA64)(Docket No.
FAA-2008-0273)) received on August 20, 2008; to the Committee
on Commerce, Science, and Transportation.
EC-7831. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Pratt & Whitney Canada Corp.
(P&WC) Models PW305A and PW305B Turbofan Engines'' ((RIN2120-
AA64)(Docket No. FAA-2008-0664)) received on August 20, 2008;
to the Committee on Commerce, Science, and Transportation.
EC-7832. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Empresa Brasileira de Aeronautica
S.A. (EMBRAER) Model EMB-135BJ Airplanes'' ((RIN2120-
AA64)(Docket No. FAA-2008-0194)) received on August 20, 2008;
to the Committee on Commerce, Science, and Transportation.
EC-7833. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Bombardier Model DHC-8-400 Series
Airplanes'' ((RIN2120-AA64)(Docket No. FAA-2008-0360))
received on August 20, 2008; to the Committee on Commerce,
Science, and Transportation.
EC-7834. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Cessna Aircraft Company Models
208 and 208B Airplanes'' ((RIN2120-AA64)(Docket No. FAA-2008-
0331)) received on August 20, 2008; to the Committee on
Commerce, Science, and Transportation.
EC-7835. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Viking Air Limited Model DHC-2
Series Airplanes'' ((RIN2120-AA64)(Docket No. FAA-2008-0393))
received on August 20, 2008; to the Committee on Commerce,
Science, and Transportation.
EC-7836. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Lockheed Martin L-1011 Series
Airplanes'' ((RIN2120-AA64)(Docket No. FAA-2008-0637))
received on August 20, 2008; to the Committee on Commerce,
Science, and Transportation.
EC-7837. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Dassault Model Falcon 2000EX
Airplanes and Model Falcon 900EX Airplanes'' ((RIN2120-
AA64)(Docket No. FAA-2008-0364)) received on August 20, 2008;
to the Committee on Commerce, Science, and Transportation.
EC-7838. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; M7 Aerospace LP SA226 and SA227
Series Airplanes'' ((RIN2120-AA64)(Docket No. FAA-2008-0313))
received on August 20, 2008; to the Committee on Commerce,
Science, and Transportation.
EC-7839. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Viking Air Limited Models DHC-2
Mk. I, DHC-2 Mk. II, and DHC-3 Airplanes'' ((RIN2120-AA64)
(Docket No. FAA-2008-0444)) received on August 20, 2008; to
the Committee on Commerce, Science, and Transportation.
EC-7840. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; International Aero Engines (IAE)
V2500 Series Turbofan Engines'' ((RIN2120-AA64) (Docket No.
FAA-2005-23500)) received on August 20, 2008; to the
Committee on Commerce, Science, and Transportation.
EC-7841. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Stemme GmbH & Co. KG Model S10-VT
Gliders'' ((RIN2120-AA64) (Docket No. FAA-2007-28958))
received on August 20, 2008; to the Committee on Commerce,
Science, and Transportation.
EC-7842. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Pilatus Aircraft Ltd. Models PC-
12, PC-12/45, and PC-12/47 Airplanes'' ((RIN2120-AA64)
(Docket No. FAA-2007-29217)) received on August 20, 2008; to
the Committee on Commerce, Science, and Transportation.
EC-7843. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; British Aerospace Regional
Aircraft Model HP.137 Jetstream Mk.1, Jetstream Series 200,
Jetstream Series 3101, and Jetstream Model 3201 Airplanes''
((RIN2120-AA64) (Docket No. FAA-2007-28115)) received on
August 20, 2008; to the Committee on Commerce, Science, and
Transportation.
EC-7844. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; McDonnell Douglas Model DC-8-53,
DC-8-55, DC-8F-54, and DC-8F-55 Airplanes; and Model DC-8-60,
DC-8-60F, DC-8-70, and DC-8-70F Series Airplanes'' ((RIN2120-
AA64) (Docket No. FAA-2007-27777)) received August 20, 2008;
to the Committee on Commerce, Science, and Transportation.
EC-7845. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Boeing Model 737-600, -700, -
700C, -800 and -900 Series Airplanes'' ((RIN2120-AA64)
(Docket No. FAA-2007-27740)) received on August 20, 2008; to
the Committee on Commerce, Science, and Transportation.
EC-7846. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Bombardier Model CL-600-2B19 (Regional Jet Series 100 &
440) Airplanes'' ((RIN2120-AA64) (Docket No. FAA-2007-0047))
received on August 20, 2008; to the Committee on Commerce,
Science, and Transportation.
EC-7847. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Boeing Model 767 Airplanes''
((RIN2120-AA64) (Docket No. FAA-2007-29259)) received on
August 20, 2008; to the Committee on Commerce, Science, and
Transportation.
EC-7848. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; McDonnell Douglas Model 717-200
Airplanes'' ((RIN2120-AA64) (Docket No. FAA-2007-29330))
received on August 20, 2008; to the
[[Page 20774]]
Committee on Commerce, Science, and Transportation.
EC-7849. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Piaggio Aero Industries S.p.A.
Model P-180 Airplanes'' ((RIN2120-AA64) (Docket No. FAA-2007-
27532)) received on August 20, 2008; to the Committee on
Commerce, Science, and Transportation.
EC-7850. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; REIMS AVIATION S.A. Model F406
Airplanes'' ((RIN2120-AA64) (Docket No. FAA-2007-0115))
received on August 20, 2008; to the Committee on Commerce,
Science, and Transportation.
EC-7851. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; General Electric Company (GE)
CF6-80C2B1 Turbofan Engine'' ((RIN2120-AA64) (Docket No. FAA-
2007-0193)) received on August 20, 2008; to the Committee on
Commerce, Science, and Transportation.
EC-7852. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Boeing Model 747-200C and -200F
Series Airplanes'' ((RIN2120-AA64) (Docket No. FAA-2007-
28924)) received on August 20, 2008; to the Committee on
Commerce, Science, and Transportation.
EC-7853. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Airbus Model A300 Series
Airplanes, Model A300-600 Series Airplanes, and Model A310
Series Airplanes'' ((RIN2120-AA64) (Docket No. FAA-2007-
27982)) received on August 20, 2008; to the Committee on
Commerce, Science, and Transportation.
EC-7854. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Honeywell International Inc.
ATF3-6 and ATF3-6A Series Turbofan Engines'' ((RIN2120-AA64)
(Docket No. FAA-2007-29092)) received on August 20, 2008; to
the Committee on Commerce, Science, and Transportation.
EC-7855. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Bombardier Model CL-600-1A11 (CL-
600), CL-600-2A12 (CL-601), CL-600-2B16 (CL-601-3A, CL-601-
3R, & CL-604 (Including CL-605 Marketing Variant)) Airplanes,
and Model CL-600-2B19 (Regional Jet Series 100 & 440)
Airplanes'' ((RIN2120-AA64) (Docket No. FAA-2008-0408))
received on August 20, 2008; to the Committee on Commerce,
Science, and Transportation.
EC-7856. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Engine Bird Ingestion''
((RIN2120-AI73) (Docket No. FAA-2006-25375)) received on
August 20, 2008; to the Committee on Commerce, Science, and
Transportation.
EC-7857. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Hawker Beechcraft Corporation
(Type Certificates No. 3A15, No. 3A16, No. A23CE, and No.
A30CE previously held by Raytheon Aircraft Company) F33
Series and Models G33, V35B, A36, A36TC, B36TC, 95-B55, D55,
E55, A56TC, 58, 58P, 58TC, G58, and 77 Airplanes'' ((RIN2120-
AA64) (Docket No. FAA-2007-28434)) received on August 20,
2008; to the Committee on Commerce, Science, and
Transportation.
EC-7858. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Dornier Model 328-100 Airplanes''
((RIN2120-AA64) (Docket No. FAA-2008-0297)) received on
August 20, 2008; to the Committee on Commerce, Science, and
Transportation.
EC-7859. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Bombardier Model DHC-8-400 Series
Airplanes'' ((RIN2120-AA64) (Docket No. FAA-2008-0178))
received on August 20, 2008; to the Committee on Commerce,
Science, and Transportation.
EC-7860. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Boeing Model 757 Airplanes
Equipped with Rolls Royce RB211-535E Engines'' ((RIN2120-
AA64) (Docket No. FAA-2007-0225)) received on August 20,
2008; to the Committee on Commerce, Science, and
Transportation.
EC-7861. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Boeing Model 767-200, -300, and -
400ER Series Airplanes'' ((RIN2120-AA64) (Docket No. FAA-
2008-0012)) received on August 20, 2008; to the Committee on
Commerce, Science, and Transportation.
EC-7862. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Boeing Model 747-400, 747-400D,
and 747-400F Series Airplanes'' ((RIN2120-AA64) (Docket No.
FAA-2006-26110)) received on August 20, 2008; to the
Committee on Commerce, Science, and Transportation.
EC-7863. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; ATR Model ATR42-200, -300, -320,
-500 Airplanes; and Model ATR72-101, -201, -102, -202, -211,
-212, and -212A Airplanes'' ((RIN2120-AA64) (Docket No. FAA-
2008-0293)) received on August 20, 2008; to the Committee on
Commerce, Science, and Transportation.
EC-7864. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Hartzell Propeller Inc. ()HC-()
(2,3)Y(K,R)-2 Two-and Three-Bladed Compact Series
Propellers'' ((RIN2120-AA64) (Docket No. FAA-2008-0254))
received on August 20, 2008; to the Committee on Commerce,
Science, and Transportation.
EC-7865. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Airbus Model A330 and A340
Airplanes'' ((RIN2120-AA64) (Docket No. FAA-2007-0347))
received on August 20, 2008; to the Committee on Commerce,
Science, and Transportation.
EC-7866. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Boeing Model 777-200, -200LR, -
300, and -300ER Series Airplanes Approved for Extended-Range
Twin-Engine Operational Performance Standards (ETOPS)''
((RIN2120-AA64) (Docket No. FAA-2008-0673)) received on
August 20, 2008; to the Committee on Commerce, Science, and
Transportation.
EC-7867. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Airbus Model A330 Airplanes and
Model A340-200 and -300 Series Airplanes'' ((RIN2120-AA64)
(Docket No. FAA-2007-0266)) received on August 20, 2008; to
the Committee on Commerce, Science, and Transportation.
EC-7868. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Dassault Model Mystere-Falcon 900
and Falcon 900EX Airplanes'' ((RIN2120-AA64) (Docket No. FAA-
2008-0365)) received on August 20, 2008; to the Committee on
Commerce, Science, and Transportation.
EC-7869. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Dassault Model Mystere-Falcon 20-
C5, 20-D5, and 20-E5 Airplanes'' ((RIN2120-AA64) (Docket No.
FAA-2008-0296)) received on August 20, 2008; to the Committee
on Commerce, Science, and Transportation.
EC-7870. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Lindstrand Balloons Ltd. Models
42A, 56A, 60A, 69A, 77A, 90A, 105A, 120A, 150A, 180A, 210A,
240A, 260A, and 310A Balloons'' ((RIN2120-AA64) (Docket No.
FAA-2008-0446)) received on August 20, 2008; to the Committee
on Commerce, Science, and Transportation.
EC-7871. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Establishment of Class E5
Airspace; Prairie Du Sac, WI'' ((RIN2120-AA64) (Docket No.
FAA-2007-28778)) received on August 20, 2008; to the
Committee on Commerce, Science, and Transportation.
EC-7872. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Establishment of Class E5
Airspace; Tarkio, MO'' ((Docket No. FAA-2007-28869) (Airspace
Docket No. 07-ACE-11) received on August
[[Page 20775]]
20, 2008; to the Committee on Commerce, Science, and
Transportation.
EC-7873. A communication from the Director, Office of
Sustainable Fisheries, Department of Commerce, transmitting,
pursuant to law, the report of a rule entitled ``Fisheries of
the Exclusive Economic Zone Off Alaska; Shortraker Rockfish
in the Western Regulatory Area of the Gulf of Alaska''
((RIN0648-XJ64) (Docket No. 071106671-8010-2)) received on
August 26, 2008; to the Committee on Commerce, Science, and
Transportation.
EC-7874. A communication from the Director, Office of
Sustainable Fisheries, Department of Commerce, transmitting,
pursuant to law, the report of a rule entitled ``Fisheries of
the Exclusive Economic Zone Off Alaska; Pelagic Shelf
Rockfish for Catcher Processors Participating in the Rockfish
Limited Access Fishery in the Central Regulatory Area of the
Gulf of Alaska'' ((RIN0648-XJ38) (Docket No. 071106671-8010-
02)) received on August 26, 2008; to the Committee on
Commerce, Science, and Transportation.
EC-7875. A communication from the Acting Director, Office
of Sustainable Fisheries, Department of Commerce,
transmitting, pursuant to law, the report of a rule entitled
``Fisheries of the Exclusive Economic Zone Off Alaska;
Pacific Ocean Perch for Trawl Catcher Vessels Participating
in the Rockfish Entry Level Fishery in the Central Regulatory
Area of the Gulf of Alaska'' ((RIN0648-XJ35) (Docket No.
071106671-8010-02)) received on August 26, 2008; to the
Committee on Commerce, Science, and Transportation.
EC-7876. A communication from the Acting Assistant
Administrator for Fisheries, National Marine Fisheries
Service, Department of Commerce, transmitting, pursuant to
law, the report of a rule entitled ``Atlantic Highly
Migratory Species (HMS); Atlantic Shark Management Measures''
((RIN0648-AU89) (Docket No. 0612242866-8888-03)) received on
August 27, 2008; to the Committee on Commerce, Science, and
Transportation.
EC-7877. A communication from the Acting Director, Office
of Sustainable Fisheries, Department of Commerce,
transmitting, pursuant to law, the report of a rule entitled
``Fisheries of the Northeastern United States; Spiny Dogfish
Fishery; Commercial Period 1 Quota Harvested'' ((RIN0648-
XJ82) (Docket No. 060418103-6181-02)) received on August 29,
2008; to the Committee on Commerce, Science, and
Transportation.
EC-7878. A communication from the Acting Director, Office
Sustainable Fisheries, Department of Commerce, transmitting,
pursuant to law, the report of a rule entitled ``Fisheries of
the Exclusive Economic Zone Off Alaska; Reallocation of Atka
Mackerel in the Bering Sea and Aleutian Islands Management
Area'' ((RIN0648-XJ32)(Docket No. 071106673-8011-02))
received on August 26, 2008; to the Committee on Commerce,
Science, and Transportation.
EC-7879. A communication from the Attorney Advisor of
Regulations and Administrative Law, U.S. Coast Guard,
Department of Homeland Security, transmitting, pursuant to
law, the report of a rule entitled ``Special Local
Regulations for Marine Events; Patapsco River, Inner Harbor,
Baltimore, MD'' ((RIN1625-AA08)(Docket No. USCG-2008-0392))
received on September 2, 2008; to the Committee on Commerce,
Science, and Transportation.
EC-7880. A communication from the Director, Office of
Sustainable Fisheries, Department of Commerce, transmitting,
pursuant to law, the report of a rule entitled ``Fisheries of
the Exclusive Economic Zone Off Alaska; Thornyhead Rockfish
in the Western Regulatory Area of the Gulf of Alaska''
((RIN0648-XJ72)(Docket No. 071106671-8010-02)) received on
September 8, 2008; to the Committee on Commerce, Science, and
Transportation.
____________________
REPORTS OF COMMITTEES
The following reports of committees were submitted:
By Mrs. BOXER, from the Committee on Environment and Public
Works, with an amendment in the nature of a substitute:
S. 24. A bill to amend the Safe Drinking Water Act to
require a health advisory and monitoring of drinking water
for perchlorate (Rept. No. 110-483).
S. 150. A bill to amend the Safe Drinking Water Act to
protect the health of pregnant women, fetuses, infants, and
children by requiring a health advisory and drinking water
standard for perchlorate (Rept. No. 110-484).
By Mrs. BOXER, from the Committee on Environment and Public
Works, without amendment:
S. 642. A bill to codify Executive Order 12898, relating to
environmental justice, to require the Administrator of the
Environmental Protection Agency to fully implement the
recommendations of the Inspector General of the Agency and
the Comptroller General of the United States, and for other
purposes (Rept. No. 110-485).
S. 1911. A bill to amend the Safe Drinking Water Act to
protect the health of susceptible populations, including
pregnant women, infants, and children, by requiring a health
advisory, drinking water standard, and reference
concentration for trichloroethylene vapor intrusion, and for
other purposes (Rept. No. 110-486).
S. 2970. A bill to enhance the ability of drinking water
utilities in the United States to develop and implement
climate change adaptation programs and policies, and for
other purposes (Rept. No. 110-487).
S. 2994. A bill to amend the Federal Water Pollution
Control Act to provide for the remediation of sediment
contamination in areas of concern (Rept. No. 110-488).
S. 3489. A bill to require the Administrator of the
Environmental Protection Agency to conduct a study on black
carbon emissions (Rept. No. 110-489).
S. 3551. An original bill to amend the Public Works and
Economic Development Act of 1965 to reauthorize that Act, and
for other purposes (Rept. No. 110-490).
By Mrs. BOXER, from the Committee on Environment and Public
Works, with an amendment in the nature of a substitute and an
amendment to the title:
S. 1387. A bill to amend the Emergency Planning and
Community Right-to-Know Act of 1986 to provide for greenhouse
gases (Rept. No. 110-491).
By Mrs. BOXER, from the Committee on Environment and Public
Works, with an amendment in the nature of a substitute:
H.R. 1464. A bill to assist in the conservation of rare
felids and rare canids by supporting and providing financial
resources for the conservation programs of nations within the
range of rare felid and rare canid populations and projects
of persons with demonstrated expertise in the conservation of
rare felid and rare canid populations (Rept. No. 110-492).
By Mrs. BOXER, from the Committee on Environment and Public
Works, without amendment:
H.R. 1771. A bill to assist in the conservation of cranes
by supporting and providing, through projects of persons and
organizations with expertise in crane conservation, financial
resources for the conservation programs of countries the
activities of which directly or indirectly affect cranes and
the ecosystems of cranes (Rept. No. 110-493).
By Mrs. BOXER, from the Committee on Environment and Public
Works, with an amendment:
S. 1828. A bill to require the Administrator of the
Environmental Protection Agency to conduct a study of the
feasibility of increasing the consumption in the United
States of certain ethanol-blended gasoline (Rept. No. 110-
494).
By Mrs. BOXER, from the Committee on Environment and Public
Works, without amendment:
H.R. 3224. A bill to amend the National Dam Safety Program
Act to establish a program to provide grant assistance to
States for the rehabilitation and repair of deficient dams
(Rept. No. 110-495).
By Mr. DODD, from the Committee on Foreign Relations,
without amendment:
S. 3563. An original bill to authorize appropriations under
the Arms Export Control Act and the Foreign Assistance Act of
1961 for security assistance for fiscal years 2009 and 2010,
and for other purposes (Rept. No. 110-496).
By Mrs. BOXER, from the Committee on Environment and Public
Works, with an amendment in the nature of a substitute:
S. 2080. A bill to amend the Federal Water Pollution
Control Act to ensure that sewage treatment plants monitor
for and report discharges of raw sewage, and for other
purposes (Rept. No. 110-497).
By Mrs. BOXER, from the Committee on Environment and Public
Works, without amendment:
S. 2549. A bill to require the Administrator of the
Environmental Protection Agency to establish an Interagency
Working Group on Environmental Justice to provide guidance to
Federal agencies on the development of criteria for
identifying disproportionately high and adverse human health
or environmental effects on minority populations and low-
income populations, and for other purposes (Rept. No. 110-
498).
S. 3564. An original bill to restore the value of every
American in environmental decisions, and for other purposes
(Rept. No. 110-499).
S. 3565. An original bill to address the health and
economic development impacts of nonattainment of federally
mandated air quality standards in the San Joaquin Valley,
California, by designating air quality empowerment zones
(Rept. No. 110-500).
H.R. 5001. A bill to authorize the Administrator of General
Services to provide for the redevelopment of the Old Post
Office Building located in the District of Columbia (Rept.
No. 110-501).
By Mr. DORGAN, from the Committee on Indian Affairs, with
an amendment in the nature of a substitute:
S. 3128. A bill to direct the Secretary of the Interior to
provide a loan to the White Mountain Apache Tribe for use in
planning, engineering, and designing a certain water system
project (Rept. No. 110-502).
By Mr. LIEBERMAN, from the Committee on Homeland Security
and Governmental Affairs, with an amendment in the nature of
a substitute:
H.R. 3815. A bill to amend the Homeland Security Act of
2002 to require the Secretary of Homeland Security to make
full and efficient use of open source information to develop
and disseminate open source homeland
[[Page 20776]]
security information products, and for other purposes.
By Mr. LIEBERMAN, from the Committee on Homeland Security
and Governmental Affairs, without amendment:
H.R. 5975. A bill to designate the facility of the United
States Postal Service located at 101 West Main Street in
Waterville, New York, as the ``Cpl. John P. Sigsbee Post
Office''.
H.R. 6073. A bill to provide that Federal employees
receiving their pay by electronic funds transfer shall be
given the option of receiving their pay stubs electronically.
H.R. 6092. A bill to designate the facility of the United
States Postal Service located at 101 Tallapoosa Street in
Bremen, Georgia, as the ``Sergeant Paul Saylor Post Office
Building''.
By Mr. LIEBERMAN, from the Committee on Homeland Security
and Governmental Affairs, with an amendment in the nature of
a substitute:
H.R. 6098. A bill to amend the Homeland Security Act of
2002 to improve the financial assistance provided to State,
local, and tribal governments for information sharing
activities, and for other purposes.
By Mr. LIEBERMAN, from the Committee on Homeland Security
and Governmental Affairs, without amendment:
H.R. 6437. A bill to designate the facility of the United
States Postal Service located at 200 North Texas Avenue in
Odessa, Texas, as the ``Corporal Alfred Mac Wilson Post
Office''.
S. 3309. A bill to designate the facility of the United
States Postal Service located at 2523 7th Avenue East in
North Saint Paul, Minnesota, as the Mayor William ``Bill''
Sandberg Post Office Building.
S. 3317. A bill to designate the facility of the United
States Postal Service located at 101 West Main Street in
Waterville, New York, as the ``Corporal John P. Sigsbee Post
Office''.
S. 3350. A bill to provide that claims of the United States
to certain documents relating to Franklin Delano Roosevelt
shall be treated as waived and relinquished in certain
circumstances.
By Mrs. BOXER, from the Committee on Environment and Public
Works, without amendment:
S. 3550. An original bill to designate a portion of the
Rappahannock River in the Commonwealth of Virginia as the
``John W. Warner Rapids''.
____________________
INTRODUCTION OF BILLS AND JOINT RESOLUTIONS
The following bills and joint resolutions were introduced, read the
first and second times by unanimous consent, and referred as indicated:
By Mrs. BOXER:
S. 3550. An original bill to designate a portion of the
Rappahannock River in the Commonwealth of Virginia as the
``John W. Warner Rapids''; from the Committee on Environment
and Public Works; considered and passed.
By Mrs. BOXER:
S. 3551. An original bill to amend the Public Works and
Economic Development Act of 1965 to reauthorize that Act, and
for other purposes; from the Committee on Environment and
Public Works; placed on the calendar .
By Mr. LIEBERMAN (for himself, Mr. Bond, Mr. Voinovich,
and Mrs. Clinton):
S. 3552. A bill to conserve the United States fish and
aquatic communities through partnerships that foster fish
habitat conservation and improve the quality of life for the
people of the United States and for other purposes; to the
Committee on Environment and Public Works.
By Ms. MURKOWSKI (for herself and Mr. Stevens):
S. 3553. A bill to exempt certain charitable flights from
certain regulations applicable to commercial flights; to the
Committee on Commerce, Science, and Transportation.
By Mr. SMITH (for himself and Mr. Lieberman):
S. 3554. A bill to provide employees of small employers
with access to quality, affordable health insurance coverage;
to the Committee on Finance.
By Mr. LEVIN (for himself and Ms. Stabenow):
S. 3555. A bill to establish a pilot program to provide for
the preservation and rehabilitation of historic lighthouses;
to the Committee on Energy and Natural Resources.
By Mr. WYDEN (for himself and Mr. Barrasso):
S. 3556. A bill to improve the administration of the
Minerals Management Service; to the Committee on Energy and
Natural Resources.
By Mr. SCHUMER:
S. 3557. A bill to encourage savings, promote financial
literacy, and expand opportunities for young adults by
establishing KIDS Accounts; to the Committee on Finance.
By Mr. WICKER (for himself and Mr. Cochran):
S. 3558. A bill to amend the Federal Water Pollution
Control Act to expand and strengthen cooperative efforts to
monitor, restore, and protect the resource productivity,
water quality, and marine ecosystems of the Gulf of Mexico;
to the Committee on Environment and Public Works.
By Mr. COLEMAN:
S. 3559. A bill to amend the Public Health Service Act to
ensure that third party review is available whenever health
insurance coverage in the individual market is terminated; to
the Committee on Health, Education, Labor, and Pensions.
By Mr. BAUCUS (for himself and Mr. Grassley):
S. 3560. A bill to amend title XIX of the Social Security
Act to provide additional funds for the qualifying individual
(QI) program, and for other purposes; to the Committee on
Finance.
By Mrs. CLINTON:
S. 3561. A bill to amend the Internal Revenue Code of 1986
to provide a refundable credit against income tax to assist
individuals with high residential energy costs, and for other
purposes; to the Committee on Finance.
By Mr. WICKER (for himself and Mr. Inhofe):
S. 3562. A bill to amend the Clean Air Act to provide for
the waiver of requirements relating to recertification kits
for the conversion of vehicles into vehicles powered by
natural gas or liquefied petroleum gas; to the Committee on
Environment and Public Works.
By Mr. DODD:
S. 3563. An original bill to authorize appropriations under
the Arms Export Control Act and the Foreign Assistance Act of
1961 for security assistance for fiscal years 2009 and 2010,
and for other purposes; from the Committee on Foreign
Relations; placed on the calendar.
By Mrs. BOXER:
S. 3564. An original bill to restore the value of every
American in environmental decisions, and for other purposes;
from the Committee on Environment and Public Works; placed on
the calendar.
By Mrs. BOXER:
S. 3565. An original bill to address the health and
economic development impacts of nonattainment of federally
mandated air quality standards in the San Joaquin Valley,
California, by designating air quality empowerment zones;
from the Committee on Environment and Public Works; placed on
the calendar.
By Mrs. MURRAY (for herself, Mr. Kennedy, Mr. Obama,
Mr. Brown, and Mr. Menendez):
S. 3566. A bill to prohibit the Secretary of Labor from
issuing, administering, or enforcing any rule, regulation, or
requirement derived from the proposal submitted to the Office
of Management and Budget entitled ``Requirements for DOL
Agencies' Assessment of Occupational Health Risks'' (RIN:
1290-AA23); to the Committee on Health, Education, Labor, and
Pensions.
By Mrs. CLINTON:
S. 3567. A bill to establish a Commission on the conflict
between Russia and Georgia, and for other purposes; to the
Committee on Foreign Relations.
By Mr. CORNYN:
S. 3568. A bill to amend the Controlled Substances Act to
address the use of intrathecal pumps; to the Committee on the
Judiciary.
By Mr. SCHUMER (for himself, Mr. Sessions, and Mr.
Leahy):
S. 3569. A bill to make improvements in the operation and
administration of the Federal courts, and for other purposes;
to the Committee on the Judiciary.
By Mr. MENENDEZ:
S. 3570. A bill to establish a National Public Health
Coordinating Council to assess the impact of Federal health-
related socio-economic and environmental policies across
Federal agencies to improve the public's health; to the
Committee on Health, Education, Labor, and Pensions.
By Mr. MENENDEZ:
S. 3571. A bill to stimulate social policy and community
environments to improve health by encouraging policies and
programs to improve community health by policy and design,
and for other purposes; to the Committee on Health,
Education, Labor, and Pensions.
By Ms. LANDRIEU (for herself and Mr. Vitter):
S. 3572. A bill to provide for disaster assistance for
power transmission and distribution facilities, and for other
purposes; to the Committee on Homeland Security and
Governmental Affairs.
____________________
SUBMISSION OF CONCURRENT AND SENATE RESOLUTIONS
The following concurrent resolutions and Senate resolutions were
read, and referred (or acted upon), as indicated:
By Mr. MARTINEZ (for himself and Mr. Nelson of
Florida):
S. Res. 679. A resolution commemorating the 219th
anniversary of the United States Marshals Service; to the
Committee on the Judiciary.
By Mr. REID (for himself and Mr. McConnell):
S. Res. 680. A resolution to authorize the production of
records by the Permanent Subcommittee on Investigations of
the Committee on Homeland Security and Governmental Affairs;
considered and agreed to.
By Mr. McCONNELL (for himself, Mr. Cornyn, and Mr.
Inhofe):
[[Page 20777]]
S. Res. 681. A resolution to allow the part time, volunteer
practice of medicine in private medical facilities; to the
Committee on Rules and Administration.
By Mr. SALAZAR (for himself, Mr. Menendez, Mr.
Martinez, Mr. Reid, Ms. Stabenow, Mr. Durbin, Mr.
Bingaman, Mr. Obama, Mr. Levin, Mrs. Clinton, Mr.
Lautenberg, Mr. Schumer, Mr. Dodd, Mr. Feingold, Mrs.
Boxer, Mr. Domenici, Mrs. Murray, Mr. Lugar, and Mrs.
Hutchison):
S. Res. 682. A resolution recognizing Hispanic Heritage
Month and celebrating the heritage and culture of Hispanic
Americans and their immense contributions to the Nation;
considered and agreed to.
By Mr. REED (for himself, Ms. Collins, Mr. Whitehouse,
Mr. Bond, Mr. Isakson, Mr. Cardin, Mr. Levin, Mr.
Biden, Mr. Lieberman, Mr. Kerry, Ms. Stabenow, Mr.
Feingold, Mrs. Boxer, Mr. Leahy, Mr. Pryor, and Mr.
Lautenberg):
S. Res. 683. A resolution designating the week of October
19 through October 25, 2008, as ``National Childhood Lead
Poisoning Prevention Week''; considered and agreed to.
By Mr. DURBIN (for himself, Ms. Snowe, Mr. Kerry, Mr.
Feingold, Mr. Lugar, Mr. Brownback, Mr. Schumer, Mr.
Menendez, Mr. Specter, Mr. Biden, Mr. Obama, Mr.
Dodd, Mr. Leahy, Mr. Levin, Mr. Whitehouse, Mrs.
Murray, Mr. Isakson, Mr. Chambliss, Mr. Sununu, Mr.
Sanders, Mrs. Clinton, Mr. Roberts, Mrs. Dole, Mr.
Bingaman, Mrs. Boxer, Mr. Wyden, Mr. Lautenberg, Mrs.
Feinstein, Mr. Coleman, and Mr. Voinovich):
S. Res. 684. A resolution calling for a comprehensive
strategy to address the crisis in Darfur, Sudan; considered
and agreed to.
By Mrs. CLINTON:
S. Con. Res. 102. A concurrent resolution expressing the
sense of Congress that ensuring the availability of adequate
housing is an essential component of an effective strategy
for the prevention and treatment of HIV and the care of
individuals with HIV; to the Committee on Banking, Housing,
and Urban Affairs.
By Mrs. CLINTON:
S. Con. Res. 103. A concurrent resolution recognizing the
10th anniversary of the establishment of the Minority AIDS
Initiative; to the Committee on Health, Education, Labor, and
Pensions.
____________________
ADDITIONAL COSPONSORS
S. 206
At the request of Mrs. Feinstein, the names of the Senator from North
Carolina (Mrs. Dole) and the Senator from Delaware (Mr. Biden) were
added as cosponsors of S. 206, a bill to amend title II of the Social
Security Act to repeal the Government pension offset and windfall
elimination provisions.
S. 334
At the request of Mr. Wyden, the name of the Senator from
Pennsylvania (Mr. Specter) was added as a cosponsor of S. 334, a bill
to provide affordable, guaranteed private health coverage that will
make Americans healthier and can never be taken away.
S. 400
At the request of Mr. Sununu, the name of the Senator from New York
(Mr. Schumer) was added as a cosponsor of S. 400, a bill to amend the
Employee Retirement Income Security Act of 1974 and the Internal
Revenue Code of 1986 to ensure that dependent students who take a
medically necessary leave of absence do not lose health insurance
coverage, and for other purposes.
S. 508
At the request of Mrs. McCaskill, the name of the Senator from
Vermont (Mr. Leahy) was added as a cosponsor of S. 508, a bill to amend
the Congressional Accountability Act of 1995 to apply whistleblower
protections available to certain executive branch employees to
legislative branch employees, and for other purposes.
S. 602
At the request of Mr. Pryor, the name of the Senator from Texas (Mrs.
Hutchison) was added as a cosponsor of S. 602, a bill to develop the
next generation of parental control technology.
S. 960
At the request of Mrs. Clinton, the names of the Senator from Montana
(Mr. Baucus) and the Senator from Pennsylvania (Mr. Casey) were added
as cosponsors of S. 960, a bill to establish the United States Public
Service Academy.
S. 961
At the request of Mr. Nelson of Nebraska, the name of the Senator
from North Carolina (Mrs. Dole) was added as a cosponsor of S. 961, a
bill to amend title 46, United States Code, to provide benefits to
certain individuals who served in the United States merchant marine
(including the Army Transport Service and the Naval Transport Service)
during World War II, and for other purposes.
S. 1007
At the request of Mr. Lugar, the names of the Senator from
Connecticut (Mr. Dodd) and the Senator from Nebraska (Mr. Hagel) were
added as cosponsors of S. 1007, a bill to direct the Secretary of State
to work with the Government of Brazil and other foreign governments to
develop partnerships that will strengthen diplomatic relations and
energy security by accelerating the development of biofuels production,
research, and infrastructure to alleviate poverty, create jobs, and
increase income, while improving energy security and protecting the
environment.
S. 1503
At the request of Mr. Inhofe, the name of the Senator from North
Carolina (Mrs. Dole) was added as a cosponsor of S. 1503, a bill to
improve domestic fuels security.
S. 1693
At the request of Mr. Voinovich, his name was added as a cosponsor of
S. 1693, a bill to enhance the adoption of a nationwide interoperable
health information technology system and to improve the quality and
reduce the costs of health care in the United States.
S. 1738
At the request of Mr. Reid, the name of the Senator from North Dakota
(Mr. Conrad) was added as a cosponsor of S. 1738, a bill to establish a
Special Counsel for Child Exploitation Prevention and Interdiction
within the Office of the Deputy Attorney General, to improve the
Internet Crimes Against Children Task Force, to increase resources for
regional computer forensic labs, and to make other improvements to
increase the ability of law enforcement agencies to investigate and
prosecute predators.
S. 2510
At the request of Ms. Landrieu, the names of the Senator from North
Dakota (Mr. Dorgan) and the Senator from South Carolina (Mr. Graham)
were added as cosponsors of S. 2510, a bill to amend the Public Health
Service Act to provide revised standards for quality assurance in
screening and evaluation of gynecologic cytology preparations, and for
other purposes.
At the request of Mr. Bunning, his name was added as a cosponsor of
S. 2510, supra.
S. 2641
At the request of Mr. Grassley, the name of the Senator from
Washington (Ms. Cantwell) was added as a cosponsor of S. 2641, a bill
to amend title XVIII and XIX of the Social Security Act to improve the
transparency of information on skilled nursing facilities and nursing
facilities and to clarify and improve the targeting of the enforcement
of requirements with respect to such facilities.
S. 2668
At the request of Mr. Kerry, the name of the Senator from Utah (Mr.
Hatch) was added as a cosponsor of S. 2668, a bill to amend the
Internal Revenue Code of 1986 to remove cell phones from listed
property under section 280F.
S. 2770
At the request of Mrs. Feinstein, the name of the Senator from Oregon
(Mr. Wyden) was added as a cosponsor of S. 2770, a bill to amend the
Federal Meat Inspection Act to strengthen the food safety inspection
system by imposing stricter penalties for the slaughter of
nonambulatory livestock.
S. 2794
At the request of Mr. Kohl, the name of the Senator from Missouri
(Mrs. McCaskill) was added as a cosponsor of S. 2794, a bill to protect
older Americans from misleading and fraudulent marketing practices,
with the goal of increasing retirement security.
S. 2937
At the request of Mr. Tester, the name of the Senator from Montana
(Mr. Baucus) was added as a cosponsor of S. 2937, a bill to provide
permanent
[[Page 20778]]
treatment authority for participants in Department of Defense chemical
and biological testing conducted by Deseret Test Center and an expanded
study of the health impact of Project Shipboard Hazard and Defense, and
for other purposes.
S. 3187
At the request of Mr. Hagel, the name of the Senator from California
(Mrs. Boxer) was added as a cosponsor of S. 3187, a bill to establish a
comprehensive interagency response to reduce lung cancer mortality in a
timely manner.
S. 3325
At the request of Mr. Specter, the names of the Senator from Texas
(Mrs. Hutchison) and the Senator from Oregon (Mr. Smith) were added as
cosponsors of S. 3325, a bill to enhance remedies for violations of
intellectual property laws, and for other purposes.
At the request of Mr. Leahy, the names of the Senator from California
(Mrs. Boxer) and the Senator from New York (Mr. Schumer) were added as
cosponsors of S. 3325, supra.
S. 3331
At the request of Mr. Crapo, the name of the Senator from Mississippi
(Mr. Cochran) was added as a cosponsor of S. 3331, a bill to amend the
Internal Revenue Code of 1986 to require that the payment of the
manufacturers' excise tax on recreational equipment be paid quarterly.
S. 3344
At the request of Mr. Coburn, the name of the Senator from Idaho (Mr.
Crapo) was added as a cosponsor of S. 3344, a bill to defend against
child exploitation and child pornography through improved Internet
Crimes Against Children task forces and enhanced tools to block illegal
images, and to eliminate the unwarranted release of convicted sex
offenders.
S. 3364
At the request of Mrs. Lincoln, the names of the Senator from Rhode
Island (Mr. Whitehouse) and the Senator from North Carolina (Mrs. Dole)
were added as cosponsors of S. 3364, a bill to increase the recruitment
and retention of school counselors, school social workers, and school
psychologists by low-income local educational agencies.
S. 3380
At the request of Mrs. Clinton, the name of the Senator from Ohio
(Mr. Brown) was added as a cosponsor of S. 3380, a bill to promote
increased public transportation use, to promote increased use of
alternative fuels in providing public transportation, and for other
purposes.
S. 3416
At the request of Mr. Lautenberg, the name of the Senator from Oregon
(Mr. Smith) was added as a cosponsor of S. 3416, a bill to amend
section 40122(a) of title 49, United States Code, to improve the
dispute resolution process at the Federal Aviation Administration, and
for other purposes.
S. 3429
At the request of Mr. Schumer, the name of the Senator from Kansas
(Mr. Roberts) was added as a cosponsor of S. 3429, a bill to amend the
Internal Revenue Code to provide for an increased mileage rate for
charitable deductions.
S. 3484
At the request of Mr. Specter, the names of the Senator from Michigan
(Ms. Stabenow), the Senator from New York (Mr. Schumer), the Senator
from New York (Mrs. Clinton), the Senator from Vermont (Mr. Sanders)
and the Senator from New Jersey (Mr. Lautenberg) were added as
cosponsors of S. 3484, a bill to provide for a delay in the phase out
of the hospice budget neutrality adjustment factor under title XVIII of
the Social Security Act.
S. 3487
At the request of Mr. Kennedy, the names of the Senator from New
Hampshire (Mr. Gregg) and the Senator from Washington (Mrs. Murray)
were added as cosponsors of S. 3487, a bill to amend the National and
Community Service Act of 1990 to expand and improve opportunities for
service, and for other purposes.
S. 3505
At the request of Mrs. Lincoln, the name of the Senator from Kansas
(Mr. Roberts) was added as a cosponsor of S. 3505, a bill to amend
title XVIII of the Social Security Act to provide for the coverage of
home infusion therapy under the Medicare Program.
S. 3507
At the request of Mr. Reed, the name of the Senator from New York
(Mrs. Clinton) was added as a cosponsor of S. 3507, a bill to provide
for additional emergency unemployment compensation.
S. 3511
At the request of Mrs. Clinton, the name of the Senator from
Massachusetts (Mr. Kennedy) was added as a cosponsor of S. 3511, a bill
to direct the Librarian of Congress and the Secretary of the
Smithsonian Institution to carry out a joint project at the Library of
Congress and the National Museum of African American History and
Culture to collect video and audio recordings of personal histories and
testimonials of individuals who participated in the Civil Rights
movement, and for other purposes.
S. 3538
At the request of Mr. Grassley, the names of the Senator from
Tennessee (Mr. Corker), the Senator from Arkansas (Mrs. Lincoln), the
Senator from Nebraska (Mr. Nelson) and the Senator from Kansas (Mr.
Roberts) were added as cosponsors of S. 3538, a bill to amend the Food,
Conservation, and Energy Act of 2008 to suspend a prohibition on
payments to certain farms with limited base acres for the 2008 and 2009
crop years, to extend the signup for direct payments and counter-
cyclical payments for the 2008 crop year, and for other purposes.
S. 3547
At the request of Mr. Nelson of Florida, the name of the Senator from
Vermont (Mr. Leahy) was added as a cosponsor of S. 3547, a bill to
establish in the Federal Bureau of Investigation the Nationwide
Mortgage Fraud Coordinator to address mortgage fraud in the United
States, and for other purposes.
S. RES. 662
At the request of Mr. Reid, the name of the Senator from Illinois
(Mr. Obama) was added as a cosponsor of S. Res. 662, a resolution
raising the awareness of the need for crime prevention in communities
across the country and designating the week of October 2, 2008, through
October 4, 2008, as ``Celebrate Safe Communities'' week.
S. RES. 664
At the request of Mrs. Dole, the name of the Senator from New
Hampshire (Mr. Gregg) was added as a cosponsor of S. Res. 664, a
resolution celebrating the centennial of Union Station in Washington,
District of Columbia.
S. RES. 665
At the request of Mr. Thune, his name was added as a cosponsor of S.
Res. 665, a resolution designating October 3, 2008, as ``National
Alternative Fuel Vehicle Day''.
At the request of Mr. Byrd, the name of the Senator from Michigan
(Mr. Levin) was added as a cosponsor of S. Res. 665, supra.
____________________
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. LIEBERMAN (for himself, Mr Bond, Mr. Voinovich, and Mrs.
Clinton):
S. 3552. A bill to conserve the United States fish and aquatic
communities through partnerships that foster fish habitat conservation
and improve the quality of life for the people of the United States and
for other purposes; to the Committee on Environment and Public Works.
Mr. LIEBERMAN. Mr. President, I rise to speak about the National Fish
Habitat Conservation Act, which I am introducing today along with my
colleagues Senators Bond and Voinovich. This legislation would
establish the most comprehensive effort ever attempted to treat the
causes of fish habitat decline.
Healthy waterways and robust fish populations are vital to the well-
being of our society. They provide clean water and sustainable
fisheries. They also provide recreational value to those who fish wild
waters or canoe tranquil
[[Page 20779]]
streams. Unfortunately, today 40 percent of our fish populations are in
decline and half of our waters are impaired. Unless we act in an
informed and coordinated fashion, fish habitats will continue to be
lost.
Our Nation's current efforts to address threats to fish species are
often highly fragmented and not comprehensive enough to reverse this
downward trend. Under the National Fish Habitat Conservation Act,
Federal Government agencies, state and local governments, conservation
groups, fishing industry groups, and businesses will work together
collectively for the first time to conserve and protect aquatic
habitats.
This legislation leverages Federal, State and private funds to build
regional partnerships aimed at addressing the nation's biggest
fisheries problems. By directing critical new resources towards the
nation's fish and aquatic communities through these partnerships, we
can foster fish habitat conservation efforts and improve the quality of
life for the American people. Using a bottom-up approach, the goal of
this effort is to foster landscape scale, multi-state aquatic habitat
improvements across the country that perpetuate not only fishery
resources but the tradition of recreational fishing.
The National Fish Habitat Conservation Act authorizes $75 million
annually to be directed toward fish habitat projects that are supported
by regional Fish Habitat Partnerships. Based on the hugely successful
North American Wetlands Conservation Act model, this legislation
establishes a multi-stakeholder National Fish Habitat Board charged
with recommending projects to the Secretary of Interior for funding.
Regional Fish Habitat Partnerships are responsible for implementing
approved on-the-ground projects that are designed to protect, restore
and enhance fish habitats and fish populations.
The National Fish Habitat Conservation Act lays the foundation for a
new paradigm of how fish habitats should be protected and preserved.
This bill will bring together all of the different groups that have a
stake in the health and productivity of our nation's fish habitats and
I look forward to working with my colleagues to pass this important
legislation.
Mr. BOND. Madam President, today, along with my colleagues Senators
Lieberman and Voinovich, I am introducing the National Fish Habitat
Conservation Act. This legislation will enable us to stop the causes of
fish habitat decline throughout the Nation.
Preventing the decline of fish species and their habitat will require
everyone working together. Under the National Fish Habitat Conservation
Act, Federal Government agencies, State and local governments,
conservation groups, fishing industry groups, and businesses will all
work together to preserve our aquatic habitats.
Together, they will improve waterways vital to securing a robust fish
population. The well-being of our water resources is essential not only
for healthy fish but also those who boat through beautiful streams and
fish in wild waters for recreational entertainment. This, however, may
not be an option if we do not take action now. As of today, 40 percent
of the fish population is in decline and half of our waters have become
weakened and polluted.
The National Fish Habitat Conservation Act will authorize $75 million
every year to fund local fish habitat projects supported by regional
Fish Habitat Partnerships. This bill creates a multistakeholder
National Fish Habitat Board that will recommend projects to the
Secretary of the Interior for funding. This idea draws from the already
successful North American Wetlands Conservation Act model, which has
benefited wetlands in America, Canada, and Mexico. The Regional Fish
Partnerships will also be called on to execute approved on-the-ground
projects designed to ensure the improvement of the fish population and
habitat.
By using a bottom-up approach, we will engage those who most directly
impact the health of local waterways and fish populations. These
partnerships are imperative to our efforts in conserving the fish
species and our goal of improving the quality of life for the American
people.
I am thankful to Senator Lieberman for his work on this bipartisan
effort and encourage all of my colleagues to join our efforts to
protect fish and fish habitat.
______
By Mr. SMITH (for himself and Mr. Lieberman):
S. 3554. A bill to provide employees of small employers with access
to quality, affordable health insurance coverage; to the Committee on
Finance.
Mr. SMITH. Mr. President, today I introduce the Affordable Coverage
for Small Employers Act of 2008, with my colleague, Senator Joseph
Lieberman. This legislation would tackle one of the nation's most
pressing domestic challenges, ensuring all Americans have access to
affordable, high quality health care. While the Affordable Coverage for
Small Employers Act may not be the panacea to all of our Nation's
healthcare woes, I believe it is a reasonable first step along the path
of reform and it represents a viable solution to cover the uninsured.
In my view, that solution begins with helping small employers gain
access to affordable, high quality health insurance. Over half of the
Nation's uninsured has a connection to a business that employs fewer
than 100 employees. By extending access to affordable health coverage
to those individuals through their employers, we can make significant
progress in reducing the number of Americans who do not have health
insurance.
Broadly, the Affordable Coverage for Small Employers Act incentivizes
reform of the existing small group market so employers have access to
affordable coverage options to meet their particular needs. It provides
national direction to ensure consistency across the entire system, but
relies upon the existing infrastructure forged by the States and the
private market to ultimately provide new coverage options for small
employers. Additionally, it provides graduated, income-sensitive
subsidies through tax credits to low-income individuals to help offset
the cost of their health coverage. It also provides graduated tax
credits to small employers who contribute at least 50 percent toward
the cost of their employees' premiums to encourage them to purchase
coverage through new, regional purchasing exchanges.
One of the key principles of the proposal is regional cooperation.
The existing system of state-based regulation of the small group market
has resulted in a great deal of inefficiency in the marketing and
selling of health coverage products. One of the key elements of reform
from the Federal perspective should be encouraging regional
cooperation--and consistency of regulation--across State lines. The
Affordable Coverage for Small Employers Act accounts for this by
apportioning States with similar existing insurance regulations into
new ``Health Coverage Exchange Regions.'' Each of these regions will be
charged with developing a common set of rating guidelines so that all
insurance products sold in the health coverage exchange are regulated
by the same set of rules. Over time, such common regulatory policies
will have the effect of stabilizing the small group market, and
generating efficiencies that could lead to longterm stabilization of
premium cost increases.
A stakeholder board will govern each Health Coverage Exchange Region
and must include at a minimum representation from the insurance
commissioners from all member States. That way, States will be the
driving force in determining how to harmonize existing rating
guidelines to improve stability in the small group market. Each
Regional Board will have the flexibility to develop its own common
rating guidelines, in addition to allowing other hard-to-cover groups,
like sole proprietors and individuals, to participate in programs
sponsored by the Health Coverage Exchange Region.
While adoption of the common rating guidelines is voluntary, the
Affordable Coverage for Small Employers Act provides States with
generous incentives to do so. First, small employers in a given State
will be unable to purchase health coverage through its region's Health
Coverage Exchange unless their
[[Page 20780]]
State has adopted the common guidelines. Additionally, small employers
and employees only will have access to the Federal subsidies once the
guidelines are adopted. Change can be difficult, especially in regard
to reform of current regulatory structures. The bill recognizes this
fact by allowing States a strong voice in developing the common rating
guidelines, as well as additional flexibility to implement such
guidelines in special cases where they differ significantly from
existing policy.
Another key issue the Affordable Coverage for Small Employers Act
addresses is that of ensuring small employers, regardless of their
location, has access to a comprehensive health benefit package. We
should not expect our small employers to settle for coverage that is
far less comprehensive than what a majority of Americans have access
to. Congress can and should do better on this front, and the proposal
does. All small employers will have access to a standard benefit
package that mirrors the benefits available to Members of Congress and
other Federal employees. Over time, this benefit package will be
updated to ensure that covered services reflect advances in medical
science and are supported by sound, evidence-based research.
While the Affordable Coverage for Small Employers Act leaves most
responsibility for day-to-day operations of the Health Coverage
Exchange to state-based regional boards, it recognizes the need for
uniformity across the entire system by creating a National Health
Coverage Policy Board comprised of key stakeholders representing the
health care field. This Executive-appointed, independent body will
apportion States into Health Coverage Exchange Regions and set broad
policy guidelines for the overall system. While I firmly believe the
reforms needed to improve access in the small group market should occur
at the State level, there needs to be a national presence in the
overall effort to ensure health care quality, greater regulatory
consistency and maximize administrative efficiencies.
I also would like to comment on the subsidies available in the
legislation. Researchers and policymakers alike are well aware that
there are some working Americans who simply will be unable to afford
the cost of health insurance no matter how inexpensive it might be. The
rhetoric surrounding the issue of the uninsured always includes
reference to making health insurance more affordable and I fully
support that intent. In the work Senator Lieberman and I have done on
this issue, we have found that there are very few politically viable
reform policies that would significantly reduce the cost of health
coverage for small employers. We can implement initiatives to increase
market efficiencies and provide employers with more coverage options,
but those efforts still will not always make health coverage affordable
for all Americans. In our proposal, allocating targeted, advanceable
and refundable tax credits to those who need them is the Federal
Government's primary responsibility.
To further encourage participation in the Exchange and to recognize
the important role employers have in funding health benefits, the
Affordable Coverage for Small Employers Act also includes advanceable,
refundable tax credits for employers. Employers that contribute at
least 50 percent of employees' premiums would be eligible for these tax
credits to help offset the cost of their share of health coverage. I
believe this approach will help employers who may be struggling to make
ends meet and provide their employees the health coverage they need to
stay healthy and productive.
It is essential that Congress act on this issue. We owe it to our
small employers to ensure they have the same health benefit options
available to them as larger employers, whose size and structure allow
them to self-fund insurance coverage for their employees. The small
business community is the backbone of the American economy,
representing over 99 percent of all the Nation's businesses. But we
often fail to recognize the essential role small businesses play in the
economy. Each year, they provide approximately 75 percent of new jobs;
account for over half of private sector output; and provide 40 percent
of private sales. Small businesses represent the realization of the
American dream. However, even with all their successes, there are many
challenges that threaten their continued vitality.
In the unfurling healthcare reform debate, there is no shortage of
innovative ideas. Aggressive proposals have been introduced on both
sides of the aisle just this year. With over 46 million Americans
uninsured and many more struggling with the cost of coverage, the time
has come for Congress to seriously reform our health care system to
ensure all Americans have access to care. Should support exist to
pursue a comprehensive change, there are several proposals that hold a
number of good ideas that combine the best of private and public
section ingenuity. Recognizing that many people like receiving their
health insurance through their employer; Congress may choose to pursue
a more incremental approach--focusing first on fixing the part of the
system that is not working--the small group market. For a reform debate
to be successful, we need to bring all key stakeholders to the
negotiating table, including employers. We share common problems, and
we must work to develop common solutions.
As Congress continues its discussion of healthcare reform; I am
hopeful that the concepts included in this proposal will be given full
consideration as we begin to develop solutions to the difficult, long-
standing problems in the health insurance market. I look forward to
working with my colleagues on both sides of the aisle to craft policies
that significantly expand small employers' access to quality health
insurance coverage. This is the help they deserve, and this is the help
that I know we can give them if we put our ideological differences
aside and begin working together to make real progress on this issue.
Mr. LIEBERMAN. Mr. President, I am pleased to cosponsor Senator
Smith's small business health care bill, the Affordable Coverage for
Small Employers Act of 2008. The health of our Nation's most vulnerable
citizens is too often neglected because they lack the income to access
our languishing health care system. This legislation marshals our
resources in response to the health care challenge. First, it
recognizes that employees, and their families, should not have to forgo
health insurance merely because they work for a small business. Second,
it provides small business owners the assistance they need to obtain
health coverage for their workers. Consequently, this bill offers small
business workers and their families, the security many of us take for
granted, by providing them access to medical care through a free and
independently-regulated market.
The health care problem is nearly ubiquitous. Our fellow citizens who
lack insurance increasingly find access to care insuperable. As they
are denied care they increasingly stress the delivery system by seeking
care from providers of last-resort, such as emergency rooms. Emergency
room visits reached an all-time high in 2006. Americans visited the ER
more than 119 million times that year, and the number of visits to our
hospitals' emergency rooms grew 46 percent in the last 10 years.
Researchers have examined the link between patient access and
utilization of providers of last-resort. Health policy experts have
definitively shown that patients who cannot promptly and consistently
access quality medical care subsequently choose to forgo care and
eventually seek treatment in emergency rooms. Medical care received in
emergency rooms and hospitals as a result of neglected ailments nearly
always cost more than the care forgone. In the end, patients suffer an
increased rate of adverse medical outcomes; outcomes that could have
been prevented and medical expenses that could have been avoided.
More than half of the Nation's 47 million uninsured individuals are
employed by, or have family members who are employed by, a business
with fewer than 100 employees. Smaller businesses are substantially
less likely to offer their employees health coverage than
[[Page 20781]]
larger businesses. The smaller a business is, the less likely it offers
health benefits. The lack of insurance--and thus access to care prior
to safety-net providers--is particularly galling among low-income
workers. Research indicates that small business owners want to offer
their employees health benefits but do not, because either they cannot
afford to or they know their employees lack the income to enroll. In a
recent poll conducted by the Employee Benefit Research Institute, 47
percent of small businesses said they would be somewhat likely to offer
health benefits if they were offered a tax credit and 30 percent said
they were much more likely to offer health benefits.
A bipartisan approach is the only viable solution in dealing with a
problem of this size. I am pleased to introduce this bill along with
Senator Smith. I am also pleased to see several other health care bills
also brought forward with bipartisan support. In prior years, politics
instead of policy limited the practical options for health care reform.
As a result, the Congress did not address the problem in a significant
way. We must look past the assignment of political victors and losers
when we champion health care legislation. In the absence of reform, the
real losers are our fellow citizens suffering from preventable diseases
because they could not go to the doctor or did not receive care in
time. They will not benefit from a merely political victory. However,
while we have the means to provide succor but fail to act, they most
certainly lose.
Any effort to reform health care needs to be deliberate. Our
Government was established to prevent rash policy-making. Perhaps with
the opportunity design health insurance from scratch, we would not rely
on employers to provide coverage as a benefit. Nevertheless, our burden
is to transform the system we have in order to make it work for every
American. We need to assist employers who are nearly, but not quite,
capable of offering insurance coverage and reward employers who have
already made investments in the health of their employees.
The Affordable Coverage for Small Employees Act will help small
businesses and their employees obtain and retain coverage. Moreover, it
provides a framework for expanding coverage across the Nation. First,
this bill offers tax credits to employers and employees of small
businesses in order to abet their purchase of health insurance.
Employers paying for a larger portion of their employee's coverage are
rewarded with a larger credit. Employees who make a lower income
receive more assistance. Without an incentive, it is highly likely that
these individuals will not receive the comprehensive coverage they need
and the security that comes with it.
Financial incentives alone are not enough though. Small businesses
face larger administrative costs then large businesses, and consumers
in the individual market face higher premiums than consumers in group
plans. This bill will create a working and competitive marketplace
through regional health boards. These boards will allow for businesses
and employees to shop for medical coverage from multiple insurers, and
even across State lines. These boards will establish a health-coverage
``exchange'' whose main objectives will be to serve as a central
purchasing site for health coverage, to provide information to
purchasers and consumers about participating health plans, to
facilitate and streamline enrollment, and to ensure health plan
compliance with minimum operating and quality standards.
Third, in order to protect consumers, an independent advisory board,
the National Policy Board, in conjunction with the National Academies
of Sciences' Institute of Medicine, will establish a standard benefit
package in order that employees receive the coverage they need. An
independent body provides the governance needed to regulate this
complex marketplace while retaining insulation from the interested
parties that would seek to benefit themselves at the expense of others.
There already exists evidence that this approach will work. Several
States are experimenting with various forms of tax credits to expand
coverage. In Oklahoma and Arizona employees and employers are being
helped through tax credits to secure insurance. The initial results of
these programs have been encouraging. The Federal Government has been
paralyzed for too long, debating which policy prescriptions will yield
success at an affordable cost. These ``laboratories of democracy'' are
leading the way and this legislation follows in their spirit.
The road to substantial health care reform has been long but the path
in front of us is lit brighter than the path behind us when we
travelled it. Over the preceding years, our knowledge of what works,
what is feasible, and what is improbable has grown immeasurably. With
this knowledge and a kindred spirit, I am certain we can guarantee the
best health care for every American.
______
By Mr. LEVIN (for himself and Ms. Stabenow):
S. 3555. A bill to establish a pilot program to provide for the
preservation and rehabilitation of historic lighthouses; to the
Committee on Energy and Natural Resources.
Mr. LEVIN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3555
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Lighthouse
Stewardship Act of 2008''.
SEC. 2. FUNDING FOR HISTORIC LIGHTHOUSE PRESERVATION.
Title III of the National Historic Preservation Act (16
U.S.C. 470w et seq.) is amended by adding at the end the
following:
``SEC. 310. NATIONAL LIGHTHOUSE STEWARDSHIP PILOT PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means a
State, unit of local government, or nonprofit organization
that--
``(A) provides financial assistance and grants to local
governmental units and nonprofit organizations to preserve
and maintain historic lighthouse structures;
``(B) owns a lighthouse that is listed or eligible for
listing on the National Register; or
``(C) has a right to maintain and rehabilitate a lighthouse
described in subparagraph (B) that is owned by the Federal
Government.
``(2) Fund.--The term `Fund' means the National Lighthouse
Stewardship Fund established by subsection (c)(1).
``(b) Lighthouse Stewardship Pilot Program.--
``(1) In general.--The Secretary shall establish a 3-year
pilot program under which the Secretary shall use amounts
made available under subsection (c)(3) to provide grants to
eligible entities to preserve and rehabilitate historic
lighthouse structures.
``(2) Distribution to eligible entities.--
``(A) Application.--To be eligible for a grant under this
subsection, an eligible entity shall submit to the Secretary
an application at such time, in such form and manner, and
including such information as the Secretary may require.
``(B) Approval or disapproval.--Based on criteria
established by the Secretary, the Secretary shall approve or
disapprove an application submitted under subparagraph (A).
``(C) Availability of grant funds.--
``(i) In general.--On approval of an application under
subparagraph (B), the Secretary shall make the grant funds
available to the eligible entity.
``(ii) Use of existing funds.--To the maximum extent
practicable, the Secretary shall provide funding through
existing lighthouse grant programs administered by State
governments.
``(c) National Lighthouse Stewardship Fund.--
``(1) Establishment.--There is established in the Treasury
of the United States a fund, to be known as the `National
Lighthouse Stewardship Fund', consisting of such amounts as
are appropriated to the Fund under paragraph (2).
``(2) Transfers to fund.--There are appropriated to the
Fund, out of funds of the Treasury not otherwise
appropriated, amounts equivalent to amounts collected as
taxes and received in the Treasury under section 60301 of
title 46, United States Code, but not more than $20,000,000
for any 1 fiscal year.
``(3) Use of fund.--The Secretary of the Treasury shall
transfer amounts deposited in the Fund for each fiscal year
to the Secretary to provide grants to eligible entities in
States based on the ratio that--
``(A) the total number of lighthouses in the State; bears
to
[[Page 20782]]
``(B) the total number of lighthouses in the Inventory of
Historic Light Stations prepared by the Secretary.
``(4) Availability.--Amounts in the Fund shall remain
available until expended, without fiscal year limitation.''.
______
By Mr. WYDEN (for himself and Mr. Barrasso):
S. 3556. A bill to improve the administration of the Minerals
Management Service; to the Committee on Energy and Natural Resources.
Mr. WYDEN. Mr. President, today Senator Barrasso and I are
introducing legislation to reform the Minerals Management Service at
the U.S. Department of Interior. Most Americans have probably never
heard of the Minerals Management Service. At least they hadn't heard of
it until the Inspector General of the Interior Department issued a
report a couple of weeks ago documenting sordid details of MMS
employees accepting gifts and dinners and drugs and sex from employees
of the oil and gas companies they were supposed to be doing business
with on behalf of American taxpayers.
The MMS is responsible for collecting over $10 billion a year in
lease and royalty payments from companies that drill for oil and gas
and mine coal and minerals on our Federal public lands, both onshore
and offshore. MMS is also the agency that actually issues the leases
for drilling to oil and gas companies off our coasts. And when you hear
the call for more oil drilling just remember that it is MMS that's
responsible for issuing those leases and making sure that oil and gas
companies protect the environment and pay their fair share of royalties
to the American people. And that should give everyone pause.
Two years ago, I stood here on the floor and spoke for several hours
to draw the Senate's attention to the mismanagement of our offshore oil
and gas leasing program involving MMS and the royalty relief program.
The problem then was the failure of MMS to include a key clause in
almost 1,000 leases that would have required oil and gas companies to
pay the U.S. Treasury higher royalties if the price of oil and gas
increased.
The law MMS was supposed to be implementing was originally written
back in the mid-1990's when oil prices were low--around $15 a barrel,
to encourage drilling by giving oil companies a break on paying
royalties on new leases in the Gulf of Mexico. The royalties didn't
kick in until the price of oil rose to a certain point where the
companies would make a profit. Oil prices, as we now know, didn't stay
low, but it turns out that ``royalty relief'' didn't phase out the way
it should have. We learned that the MMS had bungled things so badly
that they forgot to include provisions in their leases requiring any
royalties on those particular leases.
At the time, the Government Accountability Office estimated that this
single dereliction of duty--which covered leases issued between 1995
and 2000--would cost American taxpayers as much as $11.5 billion . . .
and that was based on oil prices of between $50 and $70 dollars--half
of what oil prices have been this year. GAO recently updated that
amount to as much as $14.7 billion. We held hearings on this problem in
the Energy Committee but the bottom line is that nothing has been done
to fix this problem.
We have also learned from Inspector General and from agency
whistleblowers that MMS has essentially stopped conducting audits of
the billions of dollars of royalty payments it collects, and it has
allowed oil and gas companies to improperly change the amount they owe
by allowing them to self-report adjustments to their royalties
affecting millions of dollars in payments.
Most recently, the Inspector General for the Department of Interior,
Earl Devaney, has issued a report that details his office's criminal
investigation into the Royalty-in-Kind program at the Minerals
Management Service. Under the Royalty-in-Kind program, oil and gas
companies are allowed to pay their royalties to the Federal Government
not in dollars, but by physically delivering barrels of oil or cubic
feet of gas to MMS. MMS, in turn, is responsible for selling that oil
and gas and turning the proceeds over to the Treasury. The Inspector
General found that instead of putting the American people first,
employees of the RIK program put themselves first. Mr. Devaney's
investigation, in his words, found ``a culture of ethical failure.''
I am not going to go through all of the sordid details of what the IG
found, but I do ask unanimous consent to include his four page summary
following my remarks.
The bottom line is that this is an agency that is broken and needs to
be fixed. The legislation that Sen. Barrasso and I are introducing will
start to fix it.
The legislation has five major components
It requires that the head of the MMS be appointed by the President
and must be confirmed by the Senate. MMS is the only major bureau
within the Interior Department that does not require its director to be
confirmed by the Senate.
It requires MMS to implement a comprehensive audit program, including
on-site financial audits of royalty payments.
It gives the Secretary of the Interior 60 days to implement all of
the Inspector General's recommendations from both the May business
practices report and the more recent September ethics report. If that
deadline is not met, the Royalty-in-Kind (RIK) Program would be
suspended.
It requires the Secretary to annually ``re-certify'' that the RIK
program meets all Federal ethics and procurement laws and regulations.
If that recertification is not completed, the RIK program would be
suspended.
It directs the Inspector General to annually review the MMS program,
including the RIK certification process.
I am pleased that Sen. Barrasso, the ranking Republican member of the
Subcommittee on Public Lands and Forests, which I chair, has agreed to
be an original cosponsor of this bill. While it does not specifically
address every single problem at MMS, it will begin to establish some
basic accountability in an agency that has demonstrated that it has
none.
Mr. President, I ask unanimous consent that the text of the bill and
a letter of support be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
S. 3556
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. MINERALS MANAGEMENT SERVICE.
(a) Definitions.--In this section:
(1) Department.--The term ``Department'' means the
Department of the Interior.
(2) Director.--The term ``Director'' means the Director of
the Service.
(3) Royalty-in-kind program.--The term ``royalty-in-kind
program'' means the program established under--
(A) section 342 of the Energy Policy Act of 2005 (42 U.S.C.
15902);
(B) section 36 of the Mineral Leasing Act (30 U.S.C. 192);
(C) section 27 of the Outer Continental Shelf Lands Act (43
U.S.C. 1353); or
(D) any other similar provision of law.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Service.--The term ``Service'' means the Minerals
Management Service.
(b) Establishment.--The Secretary shall--
(1) establish and maintain within the Department the
Minerals Management Service; and
(2) assign to the Service such functions as the Secretary
considers appropriate.
(c) Director.--The Service shall be headed by a Director
who shall be appointed by the President, by and with the
advice and consent of the Senate.
(d) Audits.--
(1) Royalty audits.--The Director shall ensure that the
Service implements a comprehensive program of financial
audits of royalty payments and adjustments, including
physical on-site audits, on the basis of risk and statistical
samples.
(2) Standards.--Not later than 90 days after the date of
enactment of this Act, the Director shall promulgate
regulations that--
(A) require that all employees of the Service that conduct
audits and compliance reviews meet professional auditor
qualifications that are consistent with the latest revision
of the Government Auditing Standards published by the
Government Accountability Office; and
(B) ensure that all audits conducted by the Service are
performed in accordance with the standards.
[[Page 20783]]
(3) Inspector general.--The Inspector General of the
Department shall--
(A) conduct, annually and as necessary, audits of
activities of the Service, including leasing and royalty
activities; and
(B) report the results of the audits of activities of the
Service (including leasing and royalty activities) and the
certifications required under subsection (e) to--
(i) the Committee on Energy and Natural Resources of the
Senate;
(ii) the Committee on Natural Resources of the House of
Representatives; and
(iii) the Secretary.
(e) Royalties-in-Kind Program.--
(1) Initial certification.--Subject to paragraph (3), not
later than 60 days after the date of enactment of this Act,
the Secretary shall submit to Congress a certification that
all of the recommendations made by the Office of the
Inspector General of the Department as the result of
investigations that culminated in a memorandum dated
September 9, 2008, and a report dated May 2008 (C-EV-MMS-001-
2008), with respect to the royalty-in-kind program have been
implemented.
(2) Annual certifications.--Subject to paragraph (3), not
later than 1 year after the date of enactment of this Act and
each year thereafter, the Secretary shall submit to Congress
a certification that the royalty-in-kind program is in full
compliance with Federal law (including regulations) governing
procurement and ethics.
(3) Suspension.--Notwithstanding any other provision of
law, if the Secretary fails to make a certification required
under paragraph (1) or (2), the authority of the Secretary to
carry out each royalty-in-kind program is suspended during
the period--
(A) beginning on the day after the deadline for the
certification under that paragraph; and
(B) ending on the date the Secretary makes the
certification required under that paragraph.
____
United States Department of the Interior
Memorandum
To: Secretary Kempthorne
From: Earl E. Devaney, Inspector General
Subject: OIG Investigations of MMS Employees
This memorandum conveys the final results of three separate
Office of Inspector General (OIG) investigations into
allegations against more than a dozen current and former
Minerals Management Service (MMS) employees. In the case of
one former employee, Jimmy Mayberry, he has already pled
guilty to a criminal charge. The cases against former
employees, Greg Smith and Lucy Querques Dennet, were referred
to the Public Integrity Section of the Department of Justice
(DOJ). However, that office declined to prosecute. The
remaining current employees await your discretion in imposing
corrective administrative action. Others have escaped
potential administrative action by departing from federal
service, with the usual celebratory send-offs that allegedly
highlighted the impeccable service these individuals had
given to the Federal Government. Our reports belie this
notion.
Collectively, our recent work in MMS has taken well over
two years, involved countless OIG human resources and an
expenditure of nearly $5.3 million of OIG funds. Two hundred
thirty-three witnesses and subjects were interviewed, many of
them multiple times, and roughly 470,000 pages of documents
and e-mails were obtained and reviewed as part of these
investigations.
I know you have shared my frustration with the length of
time these investigations have taken, primarily due to the
criminal nature of some of these allegations, protracted
discussions with DOJ and the ultimate refusal of one major
oil company--Chevron--to cooperate with our investigation.
Since you have already taken assertive steps to replace key
leadership and staff in the affected components of MMS, I am
confident that you will now act quickly to take the
appropriate administrative action to bring this disturbing
chapter of MMS history to a close.
A Culture of Ethical Failure
The single-most serious problem our investigations revealed
is a pervasive culture of exclusivity, exempt from the rules
that govern all other employees of the Federal Government.
In the matter involving Ms. Dennet, Mr. Mayberry and Milton
Dial, the results of this investigation paint a disturbing
picture of three Senior Executives who were good friends, and
who remained calculatedly ignorant of the rules governing
post-employment restrictions, conflicts of interest and
Federal Acquisition Regulations to ensure that two lucrative
MMS contracts would be awarded to the company created by Mr.
Mayberry--Federal Business Solutions--and later joined by Mr.
Dial. Ms. Dennet manipulated the contracting process from the
start. She worked directly with the contracting officer,
personally participated on the evaluation team for both
contracts, asked for an increase to the first contract
amount, and had Mayberry prepare the justification for the
contract increase. Ms. Dennet also appears to have shared
with Mr. Mayberry the Key Qualification criteria upon which
bidders would be judged, two weeks before bid proposals on
the first contract were due.
In the other two cases, the results of our investigation
reveal a program tasked with implementing a ``business
model'' program. As such, Royalty in Kind (RIK) marketers
donned a private sector approach to essentially everything
they did. This included effectively opting themselves out of
the Ethics in Government Act, both in practice, and, at one
point, even explored doing so by policy or regulation.
Not only did those in RIK consider themselves special, they
were treated as special by their management. For reasons that
are not at all clear, the reporting hierarchy of RIK bypassed
the one supervisor whose integrity remained intact
throughout, Debra Gibbs-Tschudy, the Deputy Associate
Director in Denver, where RIK is located. Rather, RIK was
reporting directly to Associate Director Dennet, who was
located some 1500 miles away in Washington, DC, and to whom
the unbridled, unethical conduct of RIK employees was
apparently invisible (although the Associate Director had
been made aware of the plan by RIK to explore more formal
exemption from the ethics rules.)
More specifically, we discovered that between 2002 and
2006, nearly \1/3\ of the entire RIK staff socialized with,
and received a wide array of gifts and gratuities from, oil
and gas companies with whom RIK was conducting official
business. While the dollar amount of gifts and gratuities was
not enormous, these employees accepted gifts with prodigious
frequency. In particular, two RIK marketers received combined
gifts and gratuities on at least 135 occasions from four
major oil and gas companies with whom they were doing
business--a textbook example of improperly receiving gifts
from prohibited sources. When confronted by our
investigators, none of the employees involved displayed
remorse.
We also discovered a culture of substance abuse and
promiscuity in the RIK program--both within the program,
including a supervisor, Greg Smith, who engaged in illegal
drug use and had sexual relations with subordinates, and in
consort with industry. Internally, several staff admitted to
illegal drug use as well as illicit sexual encounters.
Alcohol abuse appears to have been a problem when RIK staff
socialized with industry. For example, two RIK staff accepted
lodging from industry after industry events because they were
too intoxicated to drive home or to their hotel. These same
RIK marketers also engaged in brief sexual relationships with
industry contacts. Sexual relationships with prohibited
sources cannot, by definition, be arms-length.
Finally, we discovered that two of the RIK employees who
accepted gifts also held inappropriate outside employment and
failed to properly report the income they received from this
work on their financial disclosure forms. Smith, in
particular, deliberately secreted the true nature of his
outside employment--he pitched oil and gas companies that did
business with RIK to hire the outside consulting firm--to
prevent revealing what would otherwise, at a minimum, be a
clear conflict of interest.
Conclusion
As you know, I have gone on record to say that I believe
that 99.9 percent of DOI employees are hard-working, ethical
and well-intentioned. Unfortunately, from the cases
highlighted here, the conduct of a few has cast a shadow on
an entire bureau.
In summary, our investigation revealed a relatively small
group of individuals wholly lacking in acceptance of or
adherence to government ethical standards; management that
through passive neglect, at best, or purposeful ignorance, at
worst, was blind to easily discernible misconduct; and a
program that had aggressive goals and admirable ideals, but
was launched without the necessary internal controls in place
to ensure conformity with one of its most important
principles: ``Maintain the highest ethical and professional
standards.'' This must be corrected.
Recommendations
In conclusion, we offer the following Recommendations.
1. Take appropriate administrative corrective action.
Some very serious misconduct is identified in these
reports. While the OIG generally does not take a position
concerning what administrative corrective action might be
appropriate in any given matter, in this instance there may
be significant enough misconduct to warrant removal for some
individuals. Given the unwillingness of some to acknowledge
their conduct as improper, the subjects of our reports should
be carefully considered for a life-time ban from working in
the RIK program.
2. Develop an enhanced ethics program designed specifically
for the RIK program.
Given the RIK culture, an enhanced ethics program must be
designed for RIK, including, but not limited to, (1) an
explicit prohibition against acceptance of any gifts or
gratuities from industry, regardless of value; (2) a robust
training program to include written certification by
employees that they know and understand the ethics
requirements by which they are bound; and (3) an augmented
MMS Ethics Office.
3. Develop a clear, strict Code of Conduct for the RIK
program.
A fundamental Code of Conduct with clear obligations,
prohibitions, and consequences appears to be necessary to
repair the culture
[[Page 20784]]
of misconduct in the RIK program. This code should include a
clear prohibition against outside employment with the oil and
gas industry or consultants to that industry. Given the
considerable financial responsibilities involved, MMS should
also consider implementing a Random Drug Testing program
specifically for RIK.
4. Consider changing the reporting structure of RIK.
The management reporting structure of the RIK program must
be seriously reconsidered. Given the challenges that will be
faced in rebuilding this program, it seems imperative that
RIK have management oversight in immediate proximity, not
some 1,500 miles away in Washington, DC.
If you have any questions, please do not hesitate to
contact me at (202) 208-5745.
______
By Mr. SCHUMER (for himself, Mr. Sessions, and Mr. Leahy):
S. 3569. A bill to make improvements in the operation and
administration of the Federal courts, and for other purposes; to the
Committee on the Judiciary.
Mr. LEAHY. Mr. President, I am pleased to join Senators Schumer and
Sessions in introducing a bipartisan bill that would greatly improve
the administration and efficiency of our Federal court system. The
Judicial Administration and Technical Amendments Act of 2008 is an
attempt to assist the Federal judiciary by replacing antiquated
processes and bureaucratic hurdles with the necessary tools for the
21st century.
I previously introduced a court improvement bill in the 108 Congress.
I hope the bill we introduce today will pass the full Senate with
unanimous support and not be held up by a Republican objection like the
similar measure I introduced 4 years ago. I have also supported past
legislative proposals from the Judicial Conference to improve the
administration of justice in our Federal courts.
In recent years, the job of the Federal judge has changed
considerably. Today, Federal judges at both the trial and appellate
level are hearing more cases with fewer available judicial resources.
We have a responsibility to pass legislation that helps them keep up
with changing times and circumstances.
Our independent judiciary is the envy of the world, and we must take
care to protect it. Just as it is the judiciary's duty to deliver
justice in a neutral and unbiased manner, it is the duty of the
legislative branch to provide the requisite tools for the women and men
who honorably serve on our judiciary to ably fulfill their critical
responsibilities.
The legislation we introduce today contains technical and substantive
proposals carried over from previous Congresses. The legislation also
contains additional proposals that the Federal judiciary believes will
improve its operations and allow it to continue to serve as a bulwark
protecting our individual rights and liberties.
First, the provisions in the bill facilitate and update judicial
operations. For example, the bill would authorize realignments in the
place of holding court in specified district courts. It also would
remove a ``public drawing'' requirement for the selection of names for
jury wheels, which is now a function performed more efficiently by
computers. These provisions would add convenience to the men and
women--who as lawyers, litigants, and jurors--appear before our Federal
courts.
Second, the bill contains provisions that would improve judicial
resource management and strengthen the constitutional protection of
Americans' right to serve on juries. The bill would make a juror
eligible to receive a $10 supplemental fee after 10 days of trial
service instead of 30 days. Juries serve to vindicate the rights of all
Americans, including the poor, the powerless, and the marginalized. I
am glad this bill takes steps to ensure that economic hardship will not
be an obstacle to an individual performing his or her duty to serve on
a jury.
No American should be threatened or intimidated from exercising their
right to serve on a jury. This legislation would strengthen the
penalties for employers who retaliate against employees serving on jury
duty. It would do so by increasing the maximum civil penalty for an
employer who retaliates against an employee serving on jury duty from
$1,000 to $5,000 and add the potential penalty of community service.
The bill also provides district courts with the discretion to bring
into court those individuals who fail to respond to jury summons,
instead of having their appearance mandated by statute. This
improvement would empower Federal judges to decide what action is
appropriate for those who fail to respond to a jury summons.
Third, in the area of criminal justice, provisions in the bill would
also clarify existing law to better fulfill Congress's original intent
or to make technical corrections. The bill makes technical corrections
to a Federal probation and supervised release statute. By correcting
these technical errors, we restore the original intent of Congress,
including that intermittent confinement applies to supervised release
as well as probation. As a former prosecutor, I am well aware that
confinement, even intermittent confinement, is not always the
appropriate response. I am glad that this provision includes the proper
safeguards and limitations to ensure that intermittent confinement will
not be abused.
The legislation would also explicitly authorize the Director of
Administrative Office to provide goods and services to pretrial
defendants and clarifies similar authority recently made available for
post-conviction offenders through the Second Chance Act of 2007. Under
current law, there is no explicit statutory authority to provide for
services on behalf of offenders who do not suffer from substance abuse
problems or psychiatric disorders. This provision would fill in that
gap by providing services to pretrial defendants to ensure their
appearance at trial.
Finally, the bill would ensure sufficient representation by Federal
judges among the members of the Sentencing Commission. In 2003, House
Republicans saddled the bipartisan and non-controversial AMBER Alert
bill with numerous unrelated and ill-conceived provisions, collectively
known as the ``Feeney Amendment,'' that effectively overturned the
basic structure of the carefully crafted sentencing guideline system.
The bill we introduce today contains a provision, similar to the JUDGES
Act that I cosponsored in 2003, that would reverse the provisions in
the Feeney Amendment that limited the number of Federal judges who can
serve on the Sentencing Commission. Our Federal judges are experts on
sentencing policy, indeed they preside over criminal sentencing
proceedings daily; I am glad this restoration has been included.
This important legislation has the support of the Administrative
Office of the Courts, on behalf of the Judicial Conference, and
senators on both sides of the aisle. Our judiciary needs these
improvements to increase its efficiency and administrative operations.
I urge my Senate colleagues to quickly pass this noncontroversial
legislation.
______
By Mr. MENENDEZ:
S. 3570. A bill to establish a National Public Health Coordinating
Council to assess the impact of Federal health-related socio-economic
and environmental policies across Federal agencies to improve the
public's health; to the Committee on Health, Education, Labor, and
Pensions.
Mr. MENENDEZ. Mr. President, I rise to speak on behalf of the
public's health, and I am introducing two pieces of legislation that
will help us assure that healthy people live, work and learn in healthy
buildings and healthy communities, S. 3570 and S. 3571.
Public health is a shared responsibility of both public and private
entities--Federal, State, and local governments, as well as independent
organizations and even individuals in their local communities. We all
have a role to play, and we must all do more if we are to truly improve
the public's health. That is why today I am introducing the Public
Health Coordinating Council Act. This bill will establish a National
Public Health Coordinating Council, to be chaired by the Assistant
Secretary of Health and the Surgeon General. This Council will be a
forum to improve interagency communication, coordination and strategic
collaboration across Federal agencies. We
[[Page 20785]]
should have confidence that policies and programs from one office
support, rather than undermine, the policies and programs in another
office. Unfortunately, I'm not sure that's the case within today's
structure.
For example, if the Department of Health and Human Services is
working to reduce obesity, the 2nd leading cause of preventable death
in the Nation, how well do the policies of the Transportation, Interior
or Agriculture departments support these same goals? Are they working
on programs to encourage public safety, or physical activity and
healthy eating, as they should be?
I look forward to passing this legislation and increasing the Federal
Government's effectiveness in protecting the public's health.
Secondly, another significant issue facing our Nation is escalating
health care costs from chronic diseases--health conditions that can be
reduced if we use our land responsibly and design and manage our local
environments wisely.
Our physical environment is not being designed to protect or promote
health. The built environment--the places where we live, work, shop,
and play--has an enormous impact on health, and can encourage active
living and sound nutritional choices. How we plan and build our
streets, homes, businesses and schools can either improve or compromise
our health, and I am concerned that more often than not, we miss
opportunities to get it right.
Uninformed public policy decisions can contribute to health
inequities, chronic disease, increased sprawl and traffic, decreased
air and water quality, loss of green space and inappropriate siting of
facilities and other unwanted health consequences.
However, with good planning, we can intentionally and predictably
improve health outcomes, improve individual safety, protect the
environment, and lower public costs. For example, when car use was
reduced during the 1966 Atlanta Olympic Games, asthma admissions to
emergency rooms and hospitals also decreased.
Obese and physically inactive workers have higher health care costs,
lower productivity, increased absenteeism and higher workers'
compensation claims. In one state, physical inactivity was estimated to
cost $128 per person per year.
So imagine, if 10 percent of Americans began a regular walking
program, we could save $5.6 billion in heart disease costs. If you
combine concerns over growing health care costs with concerns over
growing waistlines and chronic diseases, it becomes clear very quickly
that designing our environment to encourage walking and physical
activity is a good investment.
We can improve health outcomes by how we design our environments.
People living in the most sprawling counties are likely to weigh on
average six pounds more than people in the most compact counties, and
are more likely to be obese and have high blood pressure.
We can improve public safety outcomes by how we design our
environments. The 10 most sprawling cities had traffic death rates 50
percent higher than the 10 least sprawling.
We can protect our environments by how we design them. Improved land
use, design and engineering practices, and conservation and recycling
substantially reduce contamination of major public water supplies, and
preserve habitats and biodiversity of species.
We can improve social connectedness by how we design our
environments. Building healthy neighborhoods and communities increases
social cohesiveness, improves mental health, reduces crime, and allows
more seniors to ``age in place''. Designing our communities with short
commuting distances increases time for extracurricular activities for
our children, recreation/rejuvenation time after work for adults, and
time for family members to spend together or involved in their
communities.
My bill, the Health Impact Assessment Act, will encourage community
enviroments that improve, or at least do not harm the public's health.
Health Impact Assessments, HIAs, are a relatively new strategy here in
this country, although they have been successfully used for years in
Europe and elsewhere to protect the public's health.
Public health is generally not examined in the Environmental Impact
Statement process in this country. Some innovative researchers and
planners are trying HIAs here, including in Los Angeles and Atlanta.
One recent example was an HIA for proposed oil and gas development in
Alaska's North Slope region. Interestingly, they learned that the local
community was concerned about loss of hunting grounds, increased
contamination of their food supply and water quality, and an increased
trafficking of alcohol and drugs. Their findings included measures to
mitigate these health concerns, such as creating a health advisory
board and increasing public safety officers, setting up a public health
monitoring system and strategies to control spills and contaminants.
My bill requests that the GAO identify what works best for assessing
planning, the impact of land use and building design, and social policy
on community health. It also creates a national clearinghouse and
demonstration program to improve the built environment and promote
health. Additionally, it strengthens CDC's capacity to promote HIA
processes by developing guidance for assessing the potential health
effects of social policy, land use and design, housing, and
transportation policy and plans.
I want to thank the National Association of County & City Health
Officials, Partnership for Prevention, American College of Preventive
Medicine, American Public Health Association, and Trust for America's
Health for their help and support of this legislation.
____________________
SUBMITTED RESOLUTIONS
______
SENATE RESOLUTION 679--COMMEMORATING THE 219TH ANNIVERSARY OF THE
UNITED STATES MARSHALS SERVICE
Mr. MARTINEZ (for himself and Mr. Nelson or Florida) submitted the
following resolution; which was referred to the Committee on the
Judiciary:
S. Res. 679
Whereas the Act entitled ``An Act to establish the Judicial
Court of the United States'', approved September 24, 1789 (1
Stat. 73, chapter 20) (commonly known as the ``Judiciary Act
of 1789''), directed the appointment of United States
Marshals and launched the United States Marshals Service;
Whereas the Judiciary Act of 1789 determined that law
enforcement would be the primary function of the United
States Marshals;
Whereas President George Washington appointed the first 13
United States Marshals soon after signing the Judiciary Act
of 1789 into law;
Whereas, during 219 years of service, United States
Marshals have executed warrants, distributed presidential
proclamations, registered enemy aliens in time of war, and
helped conduct the national census;
Whereas, during 219 years of service, United States
Marshals have protected the President and the Federal courts,
provided for the custody and transportation of Federal
prisoners, and maintained and disposed of seized and
forfeited properties;
Whereas, during 219 years of service, United States
Marshals have ensured the safe conduct of judicial
proceedings and protected Federal judges and jurors and other
members of the Federal judiciary;
Whereas, through the Witness Security Program, United
States Marshals provide for the security, health, and safety
of nearly 18,000 Government witnesses and their family
members whose lives are in danger as a result of the
witnesses' testimony against gangs, drug traffickers,
terrorists, organized crime members, and other criminals;
Whereas the United States Marshals Service directs and
coordinates regional and district fugitive task forces that
combine the efforts of Federal, State, and local law
enforcement agencies to apprehend the most dangerous
fugitives, making the United States safer;
Whereas, during 219 years of service, United States
Marshals have conducted their mission of apprehending
fugitives with skill and valor;
Whereas, during fiscal year 2008, United States Marshals
have arrested more than 100,000 fugitives wanted for
committing felonies and have conducted more than 800
extraditions; and
Whereas United States Marshals carry out complex and life-
threatening missions daily
[[Page 20786]]
to maintain the integrity of the judicial process of the
United States: Now, therefore, be it
Resolved, That the Senate--
(1) congratulates the United States Marshals Service on its
219th anniversary;
(2) commends the United States Marshals Service as one of
the most versatile and effective law enforcement agencies in
the world; and
(3) honors the men and women who have served the United
States Marshals Service and the Nation valiantly with their
dedication to justice, integrity, and service.
____________________
SENATE RESOLUTION 680--TO AUTHORIZE THE PRODUCTION OF RECORDS BY THE
PERMANENT SUBCOMMITTEE ON INVESTIGATIONS OF THE COMMITTEE ON HOMELAND
SECURITY AND GOVERNMENTAL AFFAIRS
Mr. REID (for himself and Mr. McConnell) submitted the following
resolution; which was considered and agreed to:
S. Res. 680
Whereas, the Permanent Subcommittee on Investigations of
the Committee on Homeland Security and Governmental Affairs
conducted an investigation into how financial institutions
have designed, marketed, and implemented transactions
intended to enable foreign taxpayers to avoid taxes on U.S.
stock dividends;
Whereas, the Subcommittee has received requests from law
enforcement and regulatory agencies for access to records of
the Subcommittee's investigation;
Whereas, by the privileges of the Senate of the United
States and Rule XI of the Standing Rules of the Senate, no
evidence under the control or in the possession of the Senate
can, by administrative or judicial process, be taken from
such control or possession but by permission of the Senate;
Whereas, when it appears that evidence under the control or
in the possession of the Senate is needed for the promotion
of justice, the Senate will take such action as will promote
the ends of justice consistent with the privileges of the
Senate: Now, therefore, be it
Resolved, That the Chairman and Ranking Minority Member of
the Permanent Subcommittee on Investigations of the Committee
on Homeland Security and Governmental Affairs, acting
jointly, are authorized to provide to law enforcement
officials, regulatory agencies, and other entities or
individuals duly authorized by federal, state, or foreign
governments, records of the Subcommittee's investigation into
how financial institutions have designed, marketed, and
implemented transactions intended to enable foreign taxpayers
to avoid taxes on U.S. stock dividends.
____________________
SENATE RESOLUTION 681--TO ALLOW THE PART TIME, VOLUNTEER PRACTICE OF
MEDICINE IN PREVIATE MEDICAL FACILITIES
Mr. McCONNELL (for himself, Mr. Cornyn, and Mr. Inhofe) submitted the
following resolution; which was referred to the Committee on Rules and
Administration:
S. Res. 681
Resolved,
SECTION 1. VOLUNTARY PROVISION OF MEDICAL SERVICES.
(a) In General.--Notwithstanding any other provision of the
rules or regulations of the Senate, a Senator may use the
medical facilities of a private entity in order to provide
voluntary and necessary medical care to his patients,
provided that the Senator--
(1) is a licensed physician;
(2) only practices medicine on a part-time basis outside of
regular Senate office hours;
(3) believes in good faith that he must use the medical
facilities of a private entity in order to provide the
necessary and professionally required level of medical care
to his patients;
(4) does not receive any compensation, income, or revenue
as a result of providing such voluntary medical care; and
(5) does not allow the private medical facility to use his
name.
(b) Effective Period.--This resolution shall take effect on
the date of adoption of this resolution.
____________________
SENATE RESOLUTION 682--RECOGNIZING HISPANIC HERITAGE MONTH AND
CELEBRATING THE HERITAGE AND CULTURE OF HISPANIC AMERICANS AND THEIR
IMMENSE CONTRIBUTIONS TO THE NATION
Mr. SALAZAR (for himself, Mr. Menendez, Mr. Martinez, Mr. Reid, Ms.
Stabenow, Mr. Durbin, Mr. Bingaman, Mr. Obama, Mr. Levin, Mrs. Clinton,
Mr. Lautenberg, Mr. Schumer, Mr. Dodd, Mr. Feingold, Mrs. Boxer, Mr.
Domenici, Mrs. Murray, Mr. Lugar, and Mrs. Hutchison) submitted the
following resolution; which was considered and agreed to:
S. Res. 682
Whereas from September 15, 2008, through October 15, 2008,
the country celebrates Hispanic Heritage Month;
Whereas the Census Bureau estimates the Hispanic population
in the United States at 45,500,000 people, making Hispanic
Americans the largest ethnic minority within the United
States;
Whereas 1 in 3 United States public school students is
Hispanic, and the total number of Hispanic students enrolled
in our Nation's public schools is expected to reach
28,000,000 by 2050;
Whereas the purchasing power of Hispanic Americans has
reached $870,000,000,000 by 2008 and there are more than
1,600,000 Hispanic-owned firms in the United States,
supporting 1,536,795 employees nationwide;
Whereas Hispanic Americans serve in all branches of the
Armed Forces, bravely fought in every war in United States
history, and continue to serve with distinction in
Afghanistan and Iraq;
Whereas 140,000 Hispanic soldiers served in the Korean War;
Whereas more than 80,000 Hispanics served in the Vietnam
War, representing 5.5 percent of those who made the ultimate
sacrifice for their country in that conflict although they
comprised only 4.5 percent of the United States population at
the time;
Whereas, as of August 2, 2008, approximately 11 percent of
the more than 4,122 United States military fatalities in Iraq
have been Hispanic;
Whereas there are more than 1,100,000 Hispanic veterans of
the United States Armed Forces;
Whereas 43 Hispanic Americans have received the
Congressional Medal of Honor, the highest award for valor in
action against an enemy force which can be bestowed upon an
individual serving in the United States Armed Forces;
Whereas Hispanic Americans are dedicated public servants,
holding posts at the highest levels of government, including
3 seats in the United States Senate; and
Whereas Hispanic Americans harbor a deep commitment to
family and community, an enduring work ethic, and a
perseverance to succeed and contribute to society: Now,
therefore, be it
Resolved, That the Senate--
(1) recognizes the celebration of Hispanic Heritage Month
from September 15, 2008, through October 15, 2008;
(2) honors the heritage and culture of Hispanic Americans
and their immense contributions to the life of the Nation;
and
(3) urges the people of the United States to observe
Hispanic Heritage Month with appropriate programs and
activities.
____________________
SENATE RESOLUTION 683--DESIGNATING THE WEEK OF OCTOBER 19 THROUGH
OCTOBER 25, 2008, AS ``NATIONAL CHILDHOOD LEAD POISONING PREVENTION
WEEK''
Mr. REED (for himself, Ms. Collins, Mr. Whitehouse, Mr. Bond, Mr.
Isakson, Mr. Cardin, Mr. Levin, Mr. Biden, Mr. Lieberman, Mr. Kerry,
Ms. Stabenow, Mr. Feingold, Mrs. Boxer, Mr. Leahy, Mr. Pryor, and Mr.
Lautenberg) submitted the following resolution; which was considered
and agreed to:
S. Res. 683
Whereas lead poisoning is one of the leading environmental
health hazards facing children in the United States;
Whereas approximately 240,000 children in the United States
under the age of 6 currently have harmful levels of lead in
their blood;
Whereas lead poisoning may cause serious, long-term harm to
children, including reduced intelligence and attention span,
behavior problems, learning disabilities, and impaired
growth;
Whereas children from low-income families are significantly
more likely to be poisoned by lead than are children from
high-income families;
Whereas children may be poisoned by lead in water, soil,
housing, or consumable products;
Whereas children most often are poisoned in their homes
through exposure to lead particles when lead-based paint
deteriorates or is disturbed during home renovation and
repainting; and
Whereas lead poisoning crosses all barriers of race,
income, and geography: Now, therefore, be it
Resolved, That the Senate--
(1) designates the week of October 19 through October 25,
2008, as ``National Childhood Lead Poisoning Prevention
Week''; and
(2) calls upon the people of the United States to observe
National Childhood Lead Poisoning Prevention Week with
appropriate programs and activities.
[[Page 20787]]
____________________
SENATE RESOLUTION 684--CALLING FOR A COMPREHENSIVE STRATEGY TO ADDRESS
THE CRISIS IN DARFUR, SUDAN
Mr. DURBIN (for himself, Ms. Snowe, Mr. Kerry, Mr. Feingold, Mr.
Lugar, Mr. Brownback, Mr. Schumer, Mr. Menendez, Mr. Specter, Mr.
Biden, Mr. Obama, Mr. Dodd, Mr. Leahy, Mr. Levin, Mr. Whitehouse, Mrs.
Murray, Mr. Isakson, Mr. Chambliss, Mr. Sununu, Mr. Sanders, Mrs.
Clinton, Mr. Roberts, Mrs. Dole, Mr. Bingaman, Mrs. Boxer, Mr. Wyden,
Mr. Lautenberg, Mrs. Feinstein, Mr. Coleman, and Mr. Voinovich)
submitted the following resolution; which was considered and agreed to:
S. Res. 684
Whereas more than 300,000 people have died and
approximately 2,500,000 have been displaced in Darfur since
2003, according to estimates by the United Nations;
Whereas Congress unanimously declared on July 22, 2004,
that the atrocities in Darfur were genocide;
Whereas, on September 9, 2004, Secretary of State Colin
Powell and on June 1, 2005, President George W. Bush
described the crisis in Darfur as genocide;
Whereas the United States has led the world in financial
contributions to humanitarian aid and peacekeeping operations
in Darfur;
Whereas, on July 31, 2007, the United Nations Security
Council voted to deploy an historic United Nations-African
Union (UNAMID) peacekeeping force to stem the violence in
Darfur and create conditions for peace talks;
Whereas only approximately 10,000 of the authorized force
of 26,000 peacekeepers and police have deployed to Darfur,
delayed by Sudanese obstruction as well as by a failure of
the international community to commit sufficient resources
and to overcome logistical obstacles; and
Whereas more than four years have passed since Congress
declared the conflict in Darfur to be genocide and conditions
on the ground in Darfur continue to worsen: Now, therefore,
be it
Resolved, That the Senate--
(1) urges the President, the United Nations Secretary-
General, the African Union, and other key members of the
international community to pursue a comprehensive solution to
the Darfur crisis by--
(A) supporting efforts to launch a just and inclusive peace
process;
(B) ensuring the full and effective deployment of the
UNAMID mission;
(C) ensuring the free and unfettered flow of humanitarian
aid;
(D) promoting economic and political development programs;
(E) supporting full implementation of the Comprehensive
Peace Agreement of 2005; and
(F) promoting justice and accountability;
(2) condemns the Government of Sudan for its continued
obstruction of the deployment of United Nations-African Union
peacekeepers and equipment;
(3) condemns the ongoing acts of violence in and
obstruction of aid to Darfur committed by all parties; and
(4) calls upon the Government of Sudan and armed parties in
the region to declare and respect an immediate cessation of
hostilities, abide by the United Nations embargo on the
importation of arms, cease predation and attacks upon
humanitarian organizations, and participate in international
efforts to negotiate a lasting political settlement for the
region.
____________________
SENATE CONCURRENT RESOLUTION 102--EXPRESSING THE SENSE OF CONGRESS THAT
ENSURING THE AVAILABILITY OF ADEQUATE HOUSING IS AN ESSENTIAL COMPONENT
OF AN EFFECTIVE STRATEGY FOR THE PREVENTION AND TREATMENT OF HIV AND
THE CARE OF INDIVIDUALS WITH HIV
Mrs. CLINTON submitted the following concurrent resolution; which was
referred to the Committee on Banking, Housing, and Urban Affairs:
S. Con. Res. 102
Whereas adequate and secure housing is recognized as a
human right in Article 25 of the Universal Declaration of
Human Rights, adopted by the General Assembly of the United
Nations on December 10, 1948;
Whereas strong and consistent research findings show that
the socioeconomic status of individuals and groups is a key
determinant of health;
Whereas the link between poverty and an increased risk of
contracting HIV and other poor health outcomes is well
established;
Whereas research findings demonstrate that there is a
direct relationship between inadequate housing and a greater
risk of HIV infection, poor health outcomes, and early death;
Whereas poor living conditions, including overcrowding and
homelessness, undermine safety, privacy, and efforts to
promote self-respect, human dignity, and responsible sexual
behavior;
Whereas, according to the National AIDS Housing Coalition,
individuals who are homeless or unstably housed are 2 to 6
times more likely to use hard drugs, share needles, or
exchange sex than individuals with stable housing, as the
lack of stable housing directly impacts the ability of
individuals living in poverty to reduce HIV risk behaviors;
Whereas, despite the evidence indicating that adequate
housing has a direct positive effect on the prevention and
treatment of HIV and health outcomes, the lack of resources
dedicated to providing adequate housing has been largely
ignored in policy discussions at the international level; and
Whereas the United Nations, in the 2006 Political
Declaration on HIV/AIDS, embraced the goal of universal
access to comprehensive prevention programs and treatment,
care, and support for individuals with HIV by 2010: Now,
therefore, be it
Resolved by the Senate (the House of Representatives
concurring), That it is the sense of Congress that ensuring
the availability of adequate housing is an essential
component of an effective strategy for the prevention and
treatment of HIV and the care of individuals with HIV.
____________________
SENATE CONCURRENT RESOLUTION 103--RECOGNIZING THE 10TH ANNIVERSARY OF
THE ESTABLISHMENT OF THE MINORITY AIDS INITIATIVE
Mrs. CLINTON submitted the following concurrent resolution; which was
referred to the Committee on Health, Education, Labor, and Pensions:
S. Con. Res. 103
Whereas the Minority AIDS Initiative was established on
October 28, 1998, under the leadership of the Congressional
Black Caucus, during the chairmanship of Representative
Maxine Waters, to target funds for the awareness, prevention,
testing, and treatment of human immunodeficiency virus and
acquired immunodeficiency syndrome (HIV/AIDS) toward racial
and ethnic minority communities and toward community-based
organizations and health care providers serving these
communities;
Whereas HIV/AIDS is a devastating epidemic that continues
to grow in communities throughout the United States;
Whereas there are more than 1,000,000 people living with
HIV/AIDS in the United States today;
Whereas there are more than 14,000 AIDS-related deaths
every year in the United States;
Whereas approximately 1 in 4 of the people living with HIV/
AIDS in the United States do not know they are infected;
Whereas all racial and ethnic minorities are
disproportionately impacted by HIV/AIDS;
Whereas African-Americans account for about \1/2\ of new
AIDS cases, although approximately 13 percent of the
population as a whole is Black, and the Centers for Disease
Control and Prevention (CDC) estimates that African-Americans
accounted for 45 percent of new HIV infections in 2006;
Whereas Hispanic Americans account for 19 percent of new
AIDS cases, although only 15 percent of the population as a
whole is Hispanic, and the CDC estimates that Hispanic-
Americans accounted for 17 percent of new HIV infections in
2006;
Whereas Asian-Americans and Pacific Islanders account for 1
percent of new AIDS cases, and Native Americans and Alaska
Natives account for up to 1 percent of new AIDS cases;
Whereas approximately 70 percent of new AIDS cases are
racial and ethnic minorities;
Whereas, in 2008, the CDC released new estimates of HIV
infection, which indicate that approximately 56,300 new HIV
infections occurred in the United States in 2006;
Whereas these new estimates are approximately 40 percent
higher than the CDC's previous estimates of 40,000 new
infections per year;
Whereas the CDC's data confirms that the most severe impact
of HIV/AIDS continues to be among gay and bisexual men of all
races, and Black men and women;
Whereas the purpose of the Minority AIDS Initiative is to
enable community-based organizations and health care
providers in minority communities to improve their capacity
to deliver culturally and linguistically appropriate HIV/AIDS
care and services;
Whereas the establishment of the Minority AIDS Initiative
was announced on October 28, 1998, during a ``roll-out''
event sponsored by the Congressional Black Caucus, which
featured the participation of President Bill Clinton,
Secretary of Health and Human Services Donna Shalala,
Representative Maxine Waters, members of the Congressional
Black Caucus, and representatives of HIV/AIDS service and
advocacy organizations;
Whereas it was announced at this roll-out that the Minority
AIDS Initiative would receive an initial appropriation of
$156,000,000 in fiscal year 1999;
[[Page 20788]]
Whereas concerned Members of Congress, including members of
the Congressional Black Caucus, the Congressional Hispanic
Caucus, the Congressional Asian Pacific American Caucus, and
the Congressional Hispanic Conference, continue to support
the Minority AIDS Initiative;
Whereas the Minority AIDS Initiative continues to provide
funding to community-based organizations, research
institutions, minority-serving colleges and universities,
health care organizations, State and local health
departments, correctional institutions, and other providers
of health information and services to help such entities
address the HIV/AIDS epidemic within the minority populations
they serve;
Whereas Congress codified the Minority AIDS Initiative
within the most recent reauthorization of the Ryan White CARE
Act;
Whereas the Minority AIDS Initiative fills gaps in HIV/AIDS
outreach, awareness, prevention, treatment, surveillance, and
infrastructure across communities of color; and
Whereas, October 28, 2008, is the 10th anniversary of the
establishment of the Minority AIDS Initiative: Now,
therefore, be it
Resolved by the Senate (the House of Representatives
concurring), That the Senate--
(1) recognizes and commemorates the 10th anniversary of the
establishment of the Minority AIDS Initiative;
(2) commends the efforts of community-based organizations
and health care providers in minority communities to deliver
culturally and linguistically appropriate human
immunodeficiency virus and acquired immunodeficiency syndrome
(HIV/AIDS) care and services within the minority populations
they serve;
(3) encourages racial and ethnic minorities to educate
themselves about the prevention and treatment of HIV/AIDS and
reduce the stigma associated with HIV/AIDS; and
(4) supports the continued funding of the Minority AIDS
Initiative and other Federal programs to stop the spread of
HIV/AIDS and to provide effective, compassionate treatment
and care to individuals affected by HIV/AIDS.
____________________
AMENDMENTS SUBMITTED AND PROPOSED
SA 5642. Mr. DORGAN (for Mr. Kennedy (for himself and Mr.
Hatch)) proposed an amendment to the bill H.R. 1343, to
provide additional authorizations of appropriations for the
health centers program under section 330 of such Act, and for
other purposes.
SA 5643. Mr. WYDEN (for himself and Mr. Barrasso) submitted
an amendment intended to be proposed by him to the bill S.
3268, to amend the Commodity Exchange Act, to prevent
excessive price speculation with respect to energy
commodities, and for other purposes; which was ordered to lie
on the table.
SA 5644. Mr. SALAZAR (for Mrs. McCaskill (for herself, Mr.
Salazar, Ms. Collins, and Mr. Lieberman)) proposed an
amendment to the bill H.R. 928, to amend the Inspector
General Act of 1978 to enhance the independence of the
Inspectors General, to create a Council of the Inspectors
General on Integrity and Efficiency, and for other purposes.
____________________
TEXT OF AMENDMENTS
SA 5642. Mr. DORGAN (for Mr. Kennedy (for himself and Mr. Hatch))
proposed an amendment to the bill H.R. 1343, to provide additional
authorizations of appropriations for the health centers program under
section 330 of such Act, and for other purposes; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care Safety Net Act
of 2008''.
SEC. 2. COMMUNITY HEALTH CENTERS PROGRAM OF THE PUBLIC HEALTH
SERVICE ACT.
(a) Additional Authorizations of Appropriations for the
Health Centers Program of Public Health Service Act.--Section
330(r) of the Public Health Service Act (42 U.S.C. 254b(r))
is amended by amending paragraph (1) to read as follows:
``(1) In general.--For the purpose of carrying out this
section, in addition to the amounts authorized to be
appropriated under subsection (d), there are authorized to be
appropriated--
``(A) $2,065,000,000 for fiscal year 2008;
``(B) $2,313,000,000 for fiscal year 2009;
``(C) $2,602,000,000 for fiscal year 2010;
``(D) $2,940,000,000 for fiscal year 2011; and
``(E) $3,337,000,000 for fiscal year 2012.''.
(b) Studies Relating to Community Health Centers.--
(1) Definitions.--For purposes of this subsection--
(A) the term ``community health center'' means a health
center receiving assistance under section 330 of the Public
Health Service Act (42 U.S.C. 254b); and
(B) the term ``medically underserved population'' has the
meaning given that term in such section 330.
(2) School-based health center study.--
(A) In general.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General of the United
States shall issue a study of the economic costs and benefits
of school-based health centers and the impact on the health
of students of these centers.
(B) Content.--In conducting the study under subparagraph
(A), the Comptroller General of the United States shall
analyze--
(i) the impact that Federal funding could have on the
operation of school-based health centers;
(ii) any cost savings to other Federal programs derived
from providing health services in school-based health
centers;
(iii) the effect on the Federal Budget and the health of
students of providing Federal funds to school-based health
centers and clinics, including the result of providing
disease prevention and nutrition information;
(iv) the impact of access to health care from school-based
health centers in rural or underserved areas; and
(v) other sources of Federal funding for school-based
health centers.
(3) Health care quality study.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Health and Human
Services (referred to in this Act as the ``Secretary''),
acting through the Administrator of the Health Resources and
Services Administration, and in collaboration with the Agency
for Healthcare Research and Quality, shall prepare and submit
to the Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Energy and Commerce of the
House of Representatives a report that describes agency
efforts to expand and accelerate quality improvement
activities in community health centers.
(B) Content.--The report under subparagraph (A) shall focus
on--
(i) Federal efforts, as of the date of enactment of this
Act, regarding health care quality in community health
centers, including quality data collection, analysis, and
reporting requirements;
(ii) identification of effective models for quality
improvement in community health centers, which may include
models that--
(I) incorporate care coordination, disease management, and
other services demonstrated to improve care;
(II) are designed to address multiple, co-occurring
diseases and conditions;
(III) improve access to providers through non-traditional
means, such as the use of remote monitoring equipment;
(IV) target various medically underserved populations,
including uninsured patient populations;
(V) increase access to specialty care, including referrals
and diagnostic testing; and
(VI) enhance the use of electronic health records to
improve quality;
(iii) efforts to determine how effective quality
improvement models may be adapted for implementation by
community health centers that vary by size, budget, staffing,
services offered, populations served, and other
characteristics determined appropriate by the Secretary;
(iv) types of technical assistance and resources provided
to community health centers that may facilitate the
implementation of quality improvement interventions;
(v) proposed or adopted methodologies for community health
center evaluations of quality improvement interventions,
including any development of new measures that are tailored
to safety-net, community-based providers;
(vi) successful strategies for sustaining quality
improvement interventions in the long-term; and
(vii) partnerships with other Federal agencies and private
organizations or networks as appropriate, to enhance health
care quality in community health centers.
(C) Dissemination.--The Administrator of the Health
Resources and Services Administration shall establish a
formal mechanism or mechanisms for the ongoing dissemination
of agency initiatives, best practices, and other information
that may assist health care quality improvement efforts in
community health centers.
(4) GAO study on integrated health systems model for the
delivery of health care services to medically underserved and
uninsured populations.--
(A) Study.--The Comptroller General of the United States
shall conduct a study on integrated health system models of
at least 15 sites for the delivery of health care services to
medically underserved and uninsured populations. The study
shall include an examination of--
(i) health care delivery models sponsored by public or
private non-profit entities that--
(I) integrate primary, specialty, and acute care; and
(II) serve medically underserved and uninsured populations;
and
(ii) such models in rural and urban areas.
(B) Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report on the study
conducted under subparagraph (A). The report shall include--
(i) an evaluation of the models, as described in
subparagraph (A), in--
[[Page 20789]]
(I) expanding access to primary, preventive, and specialty
services for medically underserved and uninsured populations;
and
(II) improving care coordination and health outcomes;
(III) increasing efficiency in the delivery of quality
health care; and
(IV) conducting some combination of the following
services--
(aa) outreach activities;
(bb) case management and patient navigation services;
(cc) chronic care management;
(dd) transportation to health care facilities;
(ee) development of provider networks and other innovative
models to engage local physicians and other providers to
serve the medically underserved within a community;
(ff) recruitment, training, and compensation of necessary
personnel;
(gg) acquisition of technology for the purpose of
coordinating care;
(hh) improvements to provider communication, including
implementation of shared information systems or shared
clinical systems;
(ii) determination of eligibility for Federal, State, and
local programs that provide, or financially support the
provision of, medical, social, housing, educational, or other
related services;
(jj) development of prevention and disease management tools
and processes;
(kk) translation services;
(ll) development and implementation of evaluation measures
and processes to assess patient outcomes;
(mm) integration of primary care and mental health
services; and
(nn) carrying out other activities that may be appropriate
to a community and that would increase access by the
uninsured to health care, such as access initiatives for
which private entities provide non-Federal contributions to
supplement the Federal funds provided through the grants for
the initiatives; and
(ii) an assessment of--
(I) challenges, including barriers to Federal programs,
encountered by such entities in providing care to medically
underserved and uninsured populations; and
(II) advantages and disadvantages of such models compared
to other models of care delivery for medically underserved
and uninsured populations, including--
(aa) quality measurement and quality outcomes;
(bb) administrative efficiencies; and
(cc) geographic distribution of federally-supported clinics
compared to geographic distribution of integrated health
systems.
(5) GAO study on volunteer enhancement.--
(A) In general.--Not later than 6 months after the date of
enactment of this Act, the Comptroller General of the United
States shall conduct a study, and submit a report to
Congress, concerning the implications of extending Federal
Tort Claims Act (chapter 171 of title 28, United States Code)
coverage to health care professionals who volunteer to
furnish care to patients of health centers.
(B) Content.--In conducting the study under subparagraph
(A), the Comptroller General of the United States shall
analyze--
(i) the potential financial implications for the Federal
Government of such an extension, including any increased
funding needed for current health center Federal Tort Claims
Act coverage;
(ii) an estimate of the increase in the number of health
care professionals at health centers, and what types of such
professionals would most likely volunteer given the extension
of Federal Tort Claims Act coverage;
(iii) the increase in services provided by health centers
as a result of such an increase in health care professionals,
and in particular the effect of such action on the ability of
health centers to secure specialty and diagnostic services
needed by their uninsured and other patients;
(iv) the volume of patient workload at health centers and
how volunteer health care professionals may help address the
patient volume;
(v) the most appropriate manner of extending such coverage
to volunteer health care professionals at health centers,
including any potential difference from the mechanism
currently used for health care professional volunteers at
free clinics;
(vi) State laws that have been shown to encourage
physicians and other health care providers to provide charity
care as an agent of the State; and
(vii) other policies, including legislative or regulatory
changes, that have the potential to increase the number of
volunteer health care staff at health centers and the
financial implications of such policies, including the cost
savings associated with the ability to provide more services
in health centers rather than more expensive sites of care.
(c) Recognition of High Poverty.--
(1) In general.--Section 330(c) of the Public Health
Service Act (42 U.S.C. 254b(c)) is amended by adding at the
end the following new paragraph:
``(3) Recognition of high poverty.--
``(A) In general.--In making grants under this subsection,
the Secretary may recognize the unique needs of high poverty
areas.
``(B) High poverty area defined.--For purposes of
subparagraph (A), the term `high poverty area' means a
catchment area which is established in a manner that is
consistent with the factors in subsection (k)(3)(J), and the
poverty rate of which is greater than the national average
poverty rate as determined by the Bureau of the Census.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to grants made on or after January 1, 2009.
SEC. 3. NATIONAL HEALTH SERVICE CORPS.
(a) Funding.--
(1) Reauthorization of national health service corps
program.--Section 338(a) of the Public Health Service Act (42
U.S.C. 254k(a)) is amended by striking ``2002 through 2006''
and inserting ``2008 through 2012''.
(2) Scholarship and loan repayment programs.--Subsection
(a) of section 338H of such Act (42 U.S.C. 254q) is amended
by striking ``appropriated $146,250,000'' and all that
follows through the period and inserting the following:
``appropriated--
``(1) for fiscal year 2008, $131,500,000;
``(2) for fiscal year 2009, $143,335,000;
``(3) for fiscal year 2010, $156,235,150;
``(4) for fiscal year 2011, $170,296,310; and
``(5) for fiscal year 2012, $185,622,980.''.
(b) Elimination of 6-Year Demonstration Requirement.--
Section 332(a)(1) of the Public Health Service Act (42 U.S.C.
254e(a)(1)) is amended by striking ``Not earlier than 6
years'' and all that follows through ``purposes of this
section.''.
(c) Assignment to Shortage Area.--Section 333(a)(1)(D)(ii)
of the Public Health Service Act (42 U.S.C.
254f(a)(1)(D)(ii)) is amended--
(1) in subclause (IV), by striking ``and'';
(2) in subclause (V), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(VI) the entity demonstrates willingness to support or
facilitate mentorship, professional development, and training
opportunities for Corps members.''.
(d) Professional Development and Training.--Subsection (d)
of section 336 of the Public Health Service Act (42 U.S.C.
254h-1) is amended to read as follows:
``(d) Professional Development and Training.--
``(1) In general.--The Secretary shall assist Corps members
in establishing and maintaining professional relationships
and development opportunities, including by--
``(A) establishing appropriate professional relationships
between the Corps member involved and the health professions
community of the geographic area with respect to which the
member is assigned;
``(B) establishing professional development, training, and
mentorship linkages between the Corps member involved and the
larger health professions community, including through
distance learning, direct mentorship, and development and
implementation of training modules designed to meet the
educational needs of offsite Corps members;
``(C) establishing professional networks among Corps
members; or
``(D) engaging in other professional development,
mentorship, and training activities for Corps members, at the
discretion of the Secretary.
``(2) Assistance in establishing professional
relationships.--In providing such assistance under paragraph
(1), the Secretary shall focus on establishing relationships
with hospitals, with academic medical centers and health
professions schools, with area health education centers under
section 751, with health education and training centers under
section 752, and with border health education and training
centers under such section 752. Such assistance shall include
assistance in obtaining faculty appointments at health
professions schools.
``(3) Supplement not supplant.--Such efforts under this
subsection shall supplement, not supplant, non-government
efforts by professional health provider societies to
establish and maintain professional relationships and
development opportunities.''.
(e) Eligibility of the District of Columbia and Territories
for the State Loan Repayment Program.--
(1) In general.--Section 338I(h) of the Public Health
Service Act (42 U.S.C. 254q-1(h)) is amended by striking
``several States'' and inserting ``50 States, the District of
Columbia, the Commonwealth of Puerto Rico, the United States
Virgin Islands, Guam, American Samoa, Palau, the Marshall
Islands, and the Commonwealth of the Northern Mariana
Islands''.
(2) Authorization of appropriations.--Section 338I(i)(1) of
such Act (42 U.S.C. 254q-1(i)(1)) is amended by striking
``2002'' and all that follows through the period and
inserting ``2008, and such sums as may be necessary for each
of fiscal years 2009 through 2012.''.
SEC. 4. REAUTHORIZATION OF RURAL HEALTH CARE PROGRAMS.
Section 330A(j) of the Public Health Service Act (42 U.S.C.
254c(j)) is amended by striking ``$40,000,000'' and all that
follows through the period and inserting ``$45,000,000 for
each of fiscal years 2008 through 2012.''.
SEC. 5. REAUTHORIZATION OF PRIMARY DENTAL HEALTH WORKFORCE
PROGRAMS.
Section 340G(f) of the Public Health Service Act (42 U.S.C.
256g(f)) is amended--
(1) by striking ``$50,000,000'' and inserting
``$25,000,000''; and
[[Page 20790]]
(2) by striking ``2002'' and inserting ``2008''.
SEC. 6. EMERGENCY RESPONSE COORDINATION OF PRIMARY CARE
PROVIDERS.
(a) In General.--Subtitle B of title XXVIII of the Public
Health Service Act (42 U.S.C. 300hh-10 et seq.) is amended by
adding at the end the following:
``SEC. 2815. EMERGENCY RESPONSE COORDINATION OF PRIMARY CARE
PROVIDERS.
``The Secretary, acting through Administrator of the Health
Resources and Services Administration, and in coordination
with the Assistant Secretary for Preparedness and Response,
shall
``(1) provide guidance and technical assistance to health
centers funded under section 330 and to State and local
health departments and emergency managers to integrate health
centers into State and local emergency response plans and to
better meet the primary care needs of populations served by
health centers during public health emergencies; and
``(2) encourage employees at health centers funded under
section 330 to participate in emergency medical response
programs including the National Disaster Medical System
authorized in section 2812, the Volunteer Medical Reserve
Corps authorized in section 2813, and the Emergency System
for Advance Registration of Health Professions Volunteers
authorized in section 319I.''.
(b) Sense of the Congress.--It is the Sense of Congress
that the Secretary of Health and Human Services, to the
extent permitted by law, utilize the existing authority
provided under the Federal Tort Claims Act for health centers
funded under section 330 of the Public Health Service Act (42
U.S.C. 254b) in order to establish expedited procedures under
which such health centers and their health care professionals
that have been deemed eligible for Federal Tort Claims Act
coverage are able to respond promptly in a coordinated manner
and on a temporary basis to public health emergencies outside
their traditional service area and sites, and across State
lines, as necessary and appropriate.
SEC. 7. REVISION OF THE TIMEFRAME FOR THE RECOGNITION OF
CERTAIN DESIGNATIONS IN CERTIFYING RURAL HEALTH
CLINICS UNDER THE MEDICARE PROGRAM.
(a) In General.--The second sentence of section 1861(aa)(2)
of the Social Security Act (42 U.S.C. 1395x(aa)(2)) is
amended by striking ``3-year period'' and inserting ``4-year
period'' in the matter in clause (i) preceding subclause (I).
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act.
______
SA 5643. Mr. WYDEN (for himself and Mr. Barrasso) submitted an
amendment intended to be proposed by him to the bill S. 3268, to amend
the Commodity Exchange Act, to prevent excessive price speculation with
respect to energy commodities, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. MINERALS MANAGEMENT SERVICE.
(a) Definitions.--In this section:
(1) Department.--The term ``Department'' means the
Department of the Interior.
(2) Director.--The term ``Director'' means the Director of
the Service.
(3) Royalty-in-kind program.--The term ``royalty-in-kind
program'' means the program established under--
(A) section 342 of the Energy Policy Act of 2005 (42 U.S.C.
15902);
(B) section 36 of the Mineral Leasing Act (30 U.S.C. 192);
(C) section 27 of the Outer Continental Shelf Lands Act (43
U.S.C. 1353); or
(D) any other similar provision of law.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Service.--The term ``Service'' means the Minerals
Management Service.
(b) Establishment.--The Secretary shall--
(1) establish and maintain within the Department the
Minerals Management Service; and
(2) assign to the Service such functions as the Secretary
considers appropriate.
(c) Director.--The Service shall be headed by a Director
who shall be appointed by the President, by and with the
advice and consent of the Senate.
(d) Audits.--
(1) Royalty audits.--The Director shall ensure that the
Service implements a comprehensive program of financial
audits of royalty payments and adjustments, including
physical on-site audits, on the basis of risk and statistical
samples.
(2) Standards.--Not later than 90 days after the date of
enactment of this Act, the Director shall promulgate
regulations that--
(A) require that all employees of the Service that conduct
audits and compliance reviews meet professional auditor
qualifications that are consistent with the latest revision
of the Government Auditing Standards published by the
Government Accountability Office; and
(B) ensure that all audits conducted by the Service are
performed in accordance with the standards.
(3) Inspector general.--The Inspector General of the
Department shall--
(A) conduct, annually and as necessary, audits of
activities of the Service, including leasing and royalty
activities; and
(B) report the results of the audits of activities of the
Service (including leasing and royalty activities) and the
certifications required under subsection (e) to--
(i) the Committee on Energy and Natural Resources of the
Senate;
(ii) the Committee on Natural Resources of the House of
Representatives; and
(iii) the Secretary.
(e) Royalties-in-Kind Program.--
(1) Initial certification.--Subject to paragraph (3), not
later than 60 days after the date of enactment of this Act,
the Secretary shall submit to Congress a certification that
all of the recommendations made by the Office of the
Inspector General of the Department as the result of
investigations that culminated in a memorandum dated
September 9, 2008, and a report dated May 2008 (C-EV-MMS-001-
2008), with respect to the royalty-in-kind program have been
implemented.
(2) Annual certifications.--Subject to paragraph (3), not
later than 1 year after the date of enactment of this Act and
each year thereafter, the Secretary shall submit to Congress
a certification that the royalty-in-kind program is in full
compliance with Federal law (including regulations) governing
procurement and ethics.
(3) Suspension.--Notwithstanding any other provision of
law, if the Secretary fails to make a certification required
under paragraph (1) or (2), the authority of the Secretary to
carry out each royalty-in-kind program is suspended during
the period--
(A) beginning on the day after the deadline for the
certification under that paragraph; and
(B) ending on the date the Secretary makes the
certification required under that paragraph.
______
SA 5644. Mr. SALAZAR (for Mrs. McCaskill (for herself, Mr. Salazar,
Ms. Collins, and Mr. Lieberman)) proposed an amendment to the bill H.R.
928, to amend the Inspector General Act of 1978 to enhance the
independence of the Inspectors General, to create a Council of the
Inspectors General on Integrity and Efficiency, and for other purposes;
as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Inspector General Reform Act
of 2008''.
SEC. 2. APPOINTMENT AND QUALIFICATIONS OF INSPECTORS GENERAL.
Section 8G(c) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended by adding at the end ``Each Inspector
General shall be appointed without regard to political
affiliation and solely on the basis of integrity and
demonstrated ability in accounting, auditing, financial
analysis, law, management analysis, public administration, or
investigations.''.
SEC. 3. REMOVAL OF INSPECTORS GENERAL.
(a) Establishments.--Section 3(b) of the Inspector General
Act of 1978 (5 U.S.C. App.) is amended by striking the second
sentence and inserting ``If an Inspector General is removed
from office or is transferred to another position or location
within an establishment, the President shall communicate in
writing the reasons for any such removal or transfer to both
Houses of Congress, not later than 30 days before the removal
or transfer. Nothing in this subsection shall prohibit a
personnel action otherwise authorized by law, other than
transfer or removal.''.
(b) Designated Federal Entities.--Section 8G(e) of the
Inspector General Act of 1978 (5 U.S.C. App.) is amended by
striking ``shall promptly communicate in writing the reasons
for any such removal or transfer to both Houses of the
Congress.'' and inserting ``shall communicate in writing the
reasons for any such removal or transfer to both Houses of
Congress, not later than 30 days before the removal or
transfer. Nothing in this subsection shall prohibit a
personnel action otherwise authorized by law, other than
transfer or removal.''.
SEC. 4. PAY OF INSPECTORS GENERAL.
(a) Inspectors General at Level III of Executive
Schedule.--
(1) In general.--Section 3 of the Inspector General Act of
1978 (5 U.S.C. App.), is amended by adding at the end the
following:
``(e) The annual rate of basic pay for an Inspector General
(as defined under section 12(3)) shall be the rate payable
for level III of the Executive Schedule under section 5314 of
title 5, United States Code, plus 3 percent.''.
(2) Technical and conforming amendments.--Section 5315 of
title 5, United States Code, is amended by striking the item
relating to each of the following positions:
(A) Inspector General, Department of Education.
(B) Inspector General, Department of Energy.
(C) Inspector General, Department of Health and Human
Services.
(D) Inspector General, Department of Agriculture.
(E) Inspector General, Department of Housing and Urban
Development.
[[Page 20791]]
(F) Inspector General, Department of Labor.
(G) Inspector General, Department of Transportation.
(H) Inspector General, Department of Veterans Affairs.
(I) Inspector General, Department of Homeland Security.
(J) Inspector General, Department of Defense.
(K) Inspector General, Department of State.
(L) Inspector General, Department of Commerce.
(M) Inspector General, Department of the Interior.
(N) Inspector General, Department of Justice.
(O) Inspector General, Department of the Treasury.
(P) Inspector General, Agency for International
Development.
(Q) Inspector General, Environmental Protection Agency.
(R) Inspector General, Export-Import Bank.
(S) Inspector General, Federal Emergency Management Agency.
(T) Inspector General, General Services Administration.
(U) Inspector General, National Aeronautics and Space
Administration.
(V) Inspector General, Nuclear Regulatory Commission.
(W) Inspector General, Office of Personnel Management.
(X) Inspector General, Railroad Retirement Board.
(Y) Inspector General, Small Business Administration.
(Z) Inspector General, Tennessee Valley Authority.
(AA) Inspector General, Federal Deposit Insurance
Corporation.
(BB) Inspector General, Resolution Trust Corporation.
(CC) Inspector General, Central Intelligence Agency.
(DD) Inspector General, Social Security Administration.
(EE) Inspector General, United States Postal Service.
(3) Applicability to other inspectors general.--
(A) In general.--Notwithstanding any other provision of
law, the annual rate of basic pay of the Inspector General of
the Central Intelligence Agency, the Special Inspector
General for Iraq Reconstruction, and the Special Inspector
General for Afghanistan Reconstruction shall be that of an
Inspector General as defined under section 12(3) of the
Inspector General Act of 1978 (5 U.S.C. App.) (as amended by
section 7(a) of this Act).
(B) Prohibition of cash bonus or awards.--Section 3(f) of
the Inspector General Act of 1978 (5 U.S.C. App.) (as amended
by section 5 of this Act) shall apply to the Inspectors
General described under subparagraph (A).
(4) Additional technical and conforming amendment.--Section
194(b) of the National and Community Service Act of 1990 (42
U.S.C. 12651e(b)) is amended by striking paragraph (3).
(b) Inspectors General of Designated Federal Entities.--
(1) In general.--Notwithstanding any other provision of
law, the Inspector General of each designated Federal entity
(as those terms are defined under section 8G of the Inspector
General Act of 1978 (5 U.S.C. App.)) shall, for pay and all
other purposes, be classified at a grade, level, or rank
designation, as the case may be, at or above those of a
majority of the senior level executives of that designated
Federal entity (such as a General Counsel, Chief Information
Officer, Chief Financial Officer, Chief Human Capital
Officer, or Chief Acquisition Officer). The pay of an
Inspector General of a designated Federal entity (as those
terms are defined under section 8G of the Inspector General
Act of 1978 (5 U.S.C. App.)) shall be not less than the
average total compensation (including bonuses) of the senior
level executives of that designated Federal entity calculated
on an annual basis.
(2) Limitation on adjustment.--
(A) In general.--In the case of an Inspector General of a
designated Federal entity whose pay is adjusted under
paragraph (1), the total increase in pay in any fiscal year
resulting from that adjustment may not exceed 25 percent of
the average total compensation (including bonuses) of the
Inspector General of that entity for the preceding 3 fiscal
years.
(B) Sunset of limitation.--The limitation under
subparagraph (A) shall not apply to any adjustment made in
fiscal year 2013 or each fiscal year thereafter.
(c) Savings Provision for Newly Appointed Inspectors
General.--
(1) In general.--The provisions of section 3392 of title 5,
United States Code, other than the terms ``performance
awards'' and ``awarding of ranks'' in subsection (c)(1) of
such section, shall apply to career appointees of the Senior
Executive Service who are appointed to the position of
Inspector General.
(2) Nonreduction in pay.--Notwithstanding any other
provision of law, career Federal employees serving on an
appointment made pursuant to statutory authority found other
than in section 3392 of title 5, United States Code, shall
not suffer a reduction in pay, not including any bonus or
performance award, as a result of being appointed to the
position of Inspector General.
(d) Savings Provision.--Nothing in this section shall have
the effect of reducing the rate of pay of any individual
serving on the date of enactment of this section as an
Inspector General of--
(1) an establishment as defined under section 12(2) of the
Inspector General Act of 1978 (5 U.S.C. App.) (as amended by
section 7(a) of this Act);
(2) a designated Federal entity as defined under section
8G(2) of the Inspector General Act of 1978 (5 U.S.C. App.);
(3) a legislative agency for which the position of
Inspector General is established by statute; or
(4) any other entity of the Government for which the
position of Inspector General is established by statute.
SEC. 5. PROHIBITION OF CASH BONUS OR AWARDS.
Section 3 of the Inspector General Act of 1978 (5 U.S.C.
App.) (as amended by section 4 of this Act) is further
amended by adding at the end the following:
``(f) An Inspector General (as defined under section
8G(a)(6) or 12(3)) may not receive any cash award or cash
bonus, including any cash award under chapter 45 of title 5,
United States Code.''.
SEC. 6. SEPARATE COUNSEL TO SUPPORT INSPECTORS GENERAL.
(a) Counsels to Inspectors General of Establishment.--
Section 3 of the Inspector General Act of 1978 (5 U.S.C.
App.) (as amended by sections 4 and 5 of this Act) is further
amended by adding at the end the following:
``(g) Each Inspector General shall, in accordance with
applicable laws and regulations governing the civil service,
obtain legal advice from a counsel either reporting directly
to the Inspector General or another Inspector General.''.
(b) Counsels to Inspectors General of Designated Federal
Entities.--Section 8G(g) of the Inspector General Act of 1978
(5 U.S.C. App.) is amended by adding at the end the
following:
``(4) Each Inspector General shall--
``(A) in accordance with applicable laws and regulations
governing appointments within the designated Federal entity,
appoint a Counsel to the Inspector General who shall report
to the Inspector General;
``(B) obtain the services of a counsel appointed by and
directly reporting to another Inspector General on a
reimbursable basis; or
``(C) obtain the services of appropriate staff of the
Council of the Inspectors General on Integrity and Efficiency
on a reimbursable basis.''.
(c) Rule of Construction.--Nothing in the amendments made
by this section shall be construed to alter the duties and
responsibilities of the counsel for any establishment or
designated Federal entity, except for the availability of
counsel as provided under sections 3(g) and 8G(g) of the
Inspector General Act of 1978 (5 U.S.C. App.) (as amended by
this section). The Counsel to the Inspector General shall
perform such functions as the Inspector General may
prescribe.
SEC. 7. ESTABLISHMENT OF COUNCIL OF THE INSPECTORS GENERAL ON
INTEGRITY AND EFFICIENCY.
(a) Establishment.--The Inspector General Act of 1978 (5
U.S.C. App.) is amended by redesignating sections 11 and 12
as sections 12 and 13, respectively, and by inserting after
section 10 the following:
``SEC. 11. ESTABLISHMENT OF THE COUNCIL OF THE INSPECTORS
GENERAL ON INTEGRITY AND EFFICIENCY.
``(a) Establishment and Mission.--
``(1) Establishment.--There is established as an
independent entity within the executive branch the Council of
the Inspectors General on Integrity and Efficiency (in this
section referred to as the `Council').
``(2) Mission.--The mission of the Council shall be to--
``(A) address integrity, economy, and effectiveness issues
that transcend individual Government agencies; and
``(B) increase the professionalism and effectiveness of
personnel by developing policies, standards, and approaches
to aid in the establishment of a well-trained and highly
skilled workforce in the offices of the Inspectors General.
``(b) Membership.--
``(1) In general.--The Council shall consist of the
following members:
``(A) All Inspectors General whose offices are established
under--
``(i) section 2; or
``(ii) section 8G.
``(B) The Inspectors General of the Office of the Director
of National Intelligence and the Central Intelligence Agency.
``(C) The Controller of the Office of Federal Financial
Management.
``(D) A senior level official of the Federal Bureau of
Investigation designated by the Director of the Federal
Bureau of Investigation.
``(E) The Director of the Office of Government Ethics.
``(F) The Special Counsel of the Office of Special Counsel.
``(G) The Deputy Director of the Office of Personnel
Management.
[[Page 20792]]
``(H) The Deputy Director for Management of the Office of
Management and Budget.
``(I) The Inspectors General of the Library of Congress,
Capitol Police, Government Printing Office, Government
Accountability Office, and the Architect of the Capitol.
``(2) Chairperson and executive chairperson.--
``(A) Executive chairperson.--The Deputy Director for
Management of the Office of Management and Budget shall be
the Executive Chairperson of the Council.
``(B) Chairperson.--The Council shall elect 1 of the
Inspectors General referred to in paragraph (1)(A) or (B) to
act as Chairperson of the Council. The term of office of the
Chairperson shall be 2 years.
``(3) Functions of chairperson and executive chairperson.--
``(A) Executive chairperson.--The Executive Chairperson
shall--
``(i) preside over meetings of the Council;
``(ii) provide to the heads of agencies and entities
represented on the Council summary reports of the activities
of the Council; and
``(iii) provide to the Council such information relating to
the agencies and entities represented on the Council as
assists the Council in performing its functions.
``(B) Chairperson.--The Chairperson shall--
``(i) convene meetings of the Council--
``(I) at least 6 times each year;
``(II) monthly to the extent possible; and
``(III) more frequently at the discretion of the
Chairperson;
``(ii) carry out the functions and duties of the Council
under subsection (c);
``(iii) appoint a Vice Chairperson to assist in carrying
out the functions of the Council and act in the absence of
the Chairperson, from a category of Inspectors General
described in subparagraph (A)(i), (A)(ii), or (B) of
paragraph (1), other than the category from which the
Chairperson was elected;
``(iv) make such payments from funds otherwise available to
the Council as may be necessary to carry out the functions of
the Council;
``(v) select, appoint, and employ personnel as needed to
carry out the functions of the Council subject to the
provisions of title 5, United States Code, governing
appointments in the competitive service, and the provisions
of chapter 51 and subchapter III of chapter 53 of such title,
relating to classification and General Schedule pay rates;
``(vi) to the extent and in such amounts as may be provided
in advance by appropriations Acts, made available from the
revolving fund established under subsection (c)(3)(B), or as
otherwise provided by law, enter into contracts and other
arrangements with public agencies and private persons to
carry out the functions and duties of the Council;
``(vii) establish, in consultation with the members of the
Council, such committees as determined by the Chairperson to
be necessary and appropriate for the efficient conduct of
Council functions; and
``(viii) prepare and transmit a report annually on behalf
of the Council to the President on the activities of the
Council.
``(c) Functions and Duties of Council.--
``(1) In general.--The Council shall--
``(A) continually identify, review, and discuss areas of
weakness and vulnerability in Federal programs and operations
with respect to fraud, waste, and abuse;
``(B) develop plans for coordinated, Governmentwide
activities that address these problems and promote economy
and efficiency in Federal programs and operations, including
interagency and interentity audit, investigation, inspection,
and evaluation programs and projects to deal efficiently and
effectively with those problems concerning fraud and waste
that exceed the capability or jurisdiction of an individual
agency or entity;
``(C) develop policies that will aid in the maintenance of
a corps of well-trained and highly skilled Office of
Inspector General personnel;
``(D) maintain an Internet website and other electronic
systems for the benefit of all Inspectors General, as the
Council determines are necessary or desirable;
``(E) maintain 1 or more academies as the Council considers
desirable for the professional training of auditors,
investigators, inspectors, evaluators, and other personnel of
the various offices of Inspector General;
``(F) submit recommendations of individuals to the
appropriate appointing authority for any appointment to an
office of Inspector General described under subsection
(b)(1)(A) or (B);
``(G) make such reports to Congress as the Chairperson
determines are necessary or appropriate; and
``(H) perform other duties within the authority and
jurisdiction of the Council, as appropriate.
``(2) Adherence and participation by members.--To the
extent permitted under law, and to the extent not
inconsistent with standards established by the Comptroller
General of the United States for audits of Federal
establishments, organizations, programs, activities, and
functions, each member of the Council, as appropriate,
shall--
``(A) adhere to professional standards developed by the
Council; and
``(B) participate in the plans, programs, and projects of
the Council, except that in the case of a member described
under subsection (b)(1)(I) , the member shall participate
only to the extent requested by the member and approved by
the Executive Chairperson and Chairperson.
``(3) Additional administrative authorities.--
``(A) Interagency funding.--Notwithstanding section 1532 of
title 31, United States Code, or any other provision of law
prohibiting the interagency funding of activities described
under subclause (I), (II), or (III) of clause (i), in the
performance of the responsibilities, authorities, and duties
of the Council--
``(i) the Executive Chairperson may authorize the use of
interagency funding for--
``(I) Governmentwide training of employees of the Offices
of the Inspectors General;
``(II) the functions of the Integrity Committee of the
Council; and
``(III) any other authorized purpose determined by the
Council; and
``(ii) upon the authorization of the Executive Chairperson,
any department, agency, or entity of the executive branch
which has a member on the Council shall fund or participate
in the funding of such activities.
``(B) Revolving fund.--
``(i) In general.--The Council may--
``(I) establish in the Treasury of the United States a
revolving fund to be called the Inspectors General Council
Fund; or
``(II) enter into an arrangement with a department or
agency to use an existing revolving fund.
``(ii) Amounts in revolving fund.--
``(I) In general.--Amounts transferred to the Council under
this subsection shall be deposited in the revolving fund
described under clause (i)(I) or (II).
``(II) Training.--Any remaining unexpended balances
appropriated for or otherwise available to the Inspectors
General Criminal Investigator Academy and the Inspectors
General Auditor Training Institute shall be transferred to
the revolving fund described under clause (i)(I) or (II).
``(iii) Use of revolving fund.--
``(I) In general.--Except as provided under subclause (II),
amounts in the revolving fund described under clause (i)(I)
or (II) may be used to carry out the functions and duties of
the Council under this subsection.
``(II) Training.--Amounts transferred into the revolving
fund described under clause (i)(I) or (II) may be used for
the purpose of maintaining any training academy as determined
by the Council.
``(iv) Availability of funds.--Amounts in the revolving
fund described under clause (i)(I) or (II) shall remain
available to the Council without fiscal year limitation.
``(C) Superseding provisions.--No provision of law enacted
after the date of enactment of this subsection shall be
construed to limit or supersede any authority under
subparagraph (A) or (B), unless such provision makes specific
reference to the authority in that paragraph.
``(4) Existing authorities and responsibilities.--The
establishment and operation of the Council shall not affect--
``(A) the role of the Department of Justice in law
enforcement and litigation;
``(B) the authority or responsibilities of any Government
agency or entity; and
``(C) the authority or responsibilities of individual
members of the Council.
``(d) Integrity Committee.--
``(1) Establishment.--The Council shall have an Integrity
Committee, which shall receive, review, and refer for
investigation allegations of wrongdoing that are made against
Inspectors General and staff members of the various Offices
of Inspector General described under paragraph (4)(C).
``(2) Membership.--The Integrity Committee shall consist of
the following members:
``(A) The official of the Federal Bureau of Investigation
serving on the Council, who shall serve as Chairperson of the
Integrity Committee, and maintain the records of the
Committee.
``(B) Four Inspectors General described in subparagraph (A)
or (B) of subsection (b)(1) appointed by the Chairperson of
the Council, representing both establishments and designated
Federal entities (as that term is defined in section 8G(a)).
``(C) The Special Counsel of the Office of Special Counsel.
``(D) The Director of the Office of Government Ethics.
``(3) Legal advisor.--The Chief of the Public Integrity
Section of the Criminal Division of the Department of
Justice, or his designee, shall serve as a legal advisor to
the Integrity Committee.
``(4) Referral of allegations.--
``(A) Requirement.--An Inspector General shall refer to the
Integrity Committee any allegation of wrongdoing against a
staff member of the office of that Inspector General, if--
``(i) review of the substance of the allegation cannot be
assigned to an agency of the executive branch with
appropriate jurisdiction over the matter; and
``(ii) the Inspector General determines that--
``(I) an objective internal investigation of the allegation
is not feasible; or
``(II) an internal investigation of the allegation may
appear not to be objective.
[[Page 20793]]
``(B) Definition.--In this paragraph the term `staff
member' means any employee of an Office of Inspector General
who--
``(i) reports directly to an Inspector General; or
``(ii) is designated by an Inspector General under
subparagraph (C).
``(C) Designation of staff members.--Each Inspector General
shall annually submit to the Chairperson of the Integrity
Committee a designation of positions whose holders are staff
members for purposes of subparagraph (B).
``(5) Review of allegations.--The Integrity Committee
shall--
``(A) review all allegations of wrongdoing the Integrity
Committee receives against an Inspector General, or against a
staff member of an Office of Inspector General described
under paragraph (4)(C);
``(B) refer any allegation of wrongdoing to the agency of
the executive branch with appropriate jurisdiction over the
matter; and
``(C) refer to the Chairperson of the Integrity Committee
any allegation of wrongdoing determined by the Integrity
Committee under subparagraph (A) to be potentially
meritorious that cannot be referred to an agency under
subparagraph (B).
``(6) Authority to investigate allegations.--
``(A) Requirement.--The Chairperson of the Integrity
Committee shall cause a thorough and timely investigation of
each allegation referred under paragraph (5)(C) to be
conducted in accordance with this paragraph.
``(B) Resources.--At the request of the Chairperson of the
Integrity Committee, the head of each agency or entity
represented on the Council--
``(i) may provide resources necessary to the Integrity
Committee; and
``(ii) may detail employees from that agency or entity to
the Integrity Committee, subject to the control and direction
of the Chairperson, to conduct an investigation under this
subsection.
``(7) Procedures for investigations.--
``(A) Standards applicable.--Investigations initiated under
this subsection shall be conducted in accordance with the
most current Quality Standards for Investigations issued by
the Council or by its predecessors (the President's Council
on Integrity and Efficiency and the Executive Council on
Integrity and Efficiency).
``(B) Additional policies and procedures.--
``(i) Establishment.--The Integrity Committee, in
conjunction with the Chairperson of the Council, shall
establish additional policies and procedures necessary to
ensure fairness and consistency in--
``(I) determining whether to initiate an investigation;
``(II) conducting investigations;
``(III) reporting the results of an investigation; and
``(IV) providing the person who is the subject of an
investigation with an opportunity to respond to any Integrity
Committee report.
``(ii) Submission to congress.--The Council shall submit a
copy of the policies and procedures established under clause
(i) to the congressional committees of jurisdiction.
``(C) Reports.--
``(i) Potentially meritorious allegations.--For allegations
described under paragraph (5)(C), the Chairperson of the
Integrity Committee shall make a report containing the
results of the investigation of the Chairperson and shall
provide such report to members of the Integrity Committee.
``(ii) Allegations of wrongdoing.--For allegations referred
to an agency under paragraph (5)(B), the head of that agency
shall make a report containing the results of the
investigation and shall provide such report to members of the
Integrity Committee.
``(8) Assessment and final disposition.--
``(A) In general.--With respect to any report received
under paragraph (7)(C), the Integrity Committee shall--
``(i) assess the report;
``(ii) forward the report, with the recommendations of the
Integrity Committee, including those on disciplinary action,
within 30 days (to the maximum extent practicable) after the
completion of the investigation, to the Executive Chairperson
of the Council and to the President (in the case of a report
relating to an Inspector General of an establishment or any
employee of that Inspector General) or the head of a
designated Federal entity (in the case of a report relating
to an Inspector General of such an entity or any employee of
that Inspector General) for resolution; and
``(iii) submit to the Committee on Government Oversight and
Reform of the House of Representatives, the Committee on
Homeland Security and Governmental Affairs of the Senate, and
other congressional committees of jurisdiction an executive
summary of such report and recommendations within 30 days
after the submission of such report to the Executive
Chairperson under clause (ii).
``(B) Disposition.--The Executive Chairperson of the
Council shall report to the Integrity Committee the final
disposition of the matter, including what action was taken by
the President or agency head.
``(9) Annual report.--The Council shall submit to Congress
and the President by December 31 of each year a report on the
activities of the Integrity Committee during the preceding
fiscal year, which shall include the following:
``(A) The number of allegations received.
``(B) The number of allegations referred to other agencies,
including the number of allegations referred for criminal
investigation.
``(C) The number of allegations referred to the Chairperson
of the Integrity Committee for investigation.
``(D) The number of allegations closed without referral.
``(E) The date each allegation was received and the date
each allegation was finally disposed of.
``(F) In the case of allegations referred to the
Chairperson of the Integrity Committee, a summary of the
status of the investigation of the allegations and, in the
case of investigations completed during the preceding fiscal
year, a summary of the findings of the investigations.
``(G) Other matters that the Council considers appropriate.
``(10) Requests for more information.--With respect to
paragraphs (8) and (9), the Council shall provide more
detailed information about specific allegations upon request
from any of the following:
``(A) The chairperson or ranking member of the Committee on
Homeland Security and Governmental Affairs of the Senate.
``(B) The chairperson or ranking member of the Committee on
Oversight and Government Reform of the House of
Representatives.
``(C) The chairperson or ranking member of the
congressional committees of jurisdiction.
``(11) No right or benefit.--This subsection is not
intended to create any right or benefit, substantive or
procedural, enforceable at law by a person against the United
States, its agencies, its officers, or any person.''.
(b) Allegations of Wrongdoing Against Special Counsel or
Deputy Special Counsel.--
(1) Definitions.--In this section--
(A) the term ``Integrity Committee'' means the Integrity
Committee established under section 11(d) of the Inspector
General Act of 1978 (5 U.S.C. App), as amended by this Act;
and
(B) the term ``Special Counsel'' refers to the Special
Counsel appointed under section 1211(b) of title 5, United
States Code.
(2) Authority of integrity committee.--
(A) In general.--An allegation of wrongdoing against the
Special Counsel or the Deputy Special Counsel may be
received, reviewed, and referred for investigation by the
Integrity Committee to the same extent and in the same manner
as in the case of an allegation against an Inspector General
(or a member of the staff of an Office of Inspector General),
subject to the requirement that the Special Counsel recuse
himself or herself from the consideration of any allegation
brought under this paragraph.
(B) Coordination with existing provisions of law.--This
subsection does not eliminate access to the Merit Systems
Protection Board for review under section 7701 of title 5,
United States Code. To the extent that an allegation brought
under this subsection involves section 2302(b)(8) of that
title, a failure to obtain corrective action within 120 days
after the date on which that allegation is received by the
Integrity Committee shall, for purposes of section 1221 of
such title, be considered to satisfy section 1214(a)(3)(B) of
that title.
(3) Regulations.--The Integrity Committee may prescribe any
rules or regulations necessary to carry out this subsection,
subject to such consultation or other requirements as might
otherwise apply.
(c) Effective Date and Existing Executive Orders.--
(1) Council.--Not later than 180 days after the date of the
enactment of this Act, the Council of the Inspectors General
on Integrity and Efficiency established under this section
shall become effective and operational.
(2) Executive orders.--Executive Order No. 12805, dated May
11, 1992, and Executive Order No. 12933, dated March 21, 1996
(as in effect before the date of the enactment of this Act)
shall have no force or effect on and after the earlier of--
(A) the date on which the Council of the Inspectors General
on Integrity and Efficiency becomes effective and operational
as determined by the Executive Chairperson of the Council; or
(B) the last day of the 180-day period beginning on the
date of enactment of this Act.
(d) Technical and Conforming Amendments.--
(1) Inspector general act of 1978.--The Inspector General
Act of 1978 (5 U.S.C. App.) is amended--
(A) in sections 2(1), 4(b)(2), and 8G(a)(1)(A) by striking
``section 11(2)'' each place it appears and inserting
``section 12(2)''; and
(B) in section 8G(a), in the matter preceding paragraph
(1), by striking ``section 11'' and inserting ``section 12''.
(2) Separate appropriations account.--Section 1105(a) of
title 31, United States Code, is amended by striking the
first paragraph (33) and inserting the following:
``(33) a separate appropriation account for appropriations
for the Council of the Inspectors General on Integrity and
Efficiency,
[[Page 20794]]
and, included in that account, a separate statement of the
aggregate amount of appropriations requested for each academy
maintained by the Council of the Inspectors General on
Integrity and Efficiency.''.
SEC. 8. SUBMISSION OF BUDGET REQUESTS TO CONGRESS.
Section 6 of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended by adding at the end the following:
``(f)(1) For each fiscal year, an Inspector General shall
transmit a budget estimate and request to the head of the
establishment or designated Federal entity to which the
Inspector General reports. The budget request shall specify
the aggregate amount of funds requested for such fiscal year
for the operations of that Inspector General and shall
specify the amount requested for all training needs,
including a certification from the Inspector General that the
amount requested satisfies all training requirements for the
Inspector General's office for that fiscal year, and any
resources necessary to support the Council of the Inspectors
General on Integrity and Efficiency. Resources necessary to
support the Council of the Inspectors General on Integrity
and Efficiency shall be specifically identified and justified
in the budget request.
``(2) In transmitting a proposed budget to the President
for approval, the head of each establishment or designated
Federal entity shall include--
``(A) an aggregate request for the Inspector General;
``(B) amounts for Inspector General training;
``(C) amounts for support of the Council of the Inspectors
General on Integrity and Efficiency; and
``(D) any comments of the affected Inspector General with
respect to the proposal.
``(3) The President shall include in each budget of the
United States Government submitted to Congress--
``(A) a separate statement of the budget estimate prepared
in accordance with paragraph (1);
``(B) the amount requested by the President for each
Inspector General;
``(C) the amount requested by the President for training
of Inspectors General;
``(D) the amount requested by the President for support
for the Council of the Inspectors General on Integrity and
Efficiency; and
``(E) any comments of the affected Inspector General with
respect to the proposal if the Inspector General concludes
that the budget submitted by the President would
substantially inhibit the Inspector General from performing
the duties of the office.''.
SEC. 9. SUBPOENA POWER.
Section 6(a)(4) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended--
(1) by inserting ``in any medium (including electronically
stored information, as well as any tangible thing)'' after
``other data''; and
(2) by striking ``subpena'' and inserting ``subpoena''.
SEC. 10. PROGRAM FRAUD CIVIL REMEDIES ACT.
Section 3801(a)(1) of title 31, United States Code, is
amended--
(1) in subparagraph (D), by striking ``and'' after the
semicolon;
(2) in subparagraph (E), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(F) a designated Federal entity (as such term is defined
under section 8G(a)(2) of the Inspector General Act of
1978);''.
SEC. 11. LAW ENFORCEMENT AUTHORITY FOR DESIGNATED FEDERAL
ENTITIES.
Section 6(e) of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended--
(1) in paragraph (1) by striking ``appointed under section
3''; and
(2) by adding at the end the following:
``(9) In this subsection, the term `Inspector General'
means an Inspector General appointed under section 3 or an
Inspector General appointed under section 8G.''.
SEC. 12. APPLICATION OF SEMIANNUAL REPORTING REQUIREMENTS
WITH RESPECT TO INSPECTION REPORTS AND
EVALUATION REPORTS.
Section 5 of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended--
(1) in each of subsections (a)(6), (a)(8), (a)(9), (b)(2),
and (b)(3)--
(A) by inserting ``, inspection reports, and evaluation
reports'' after ``audit reports'' the first place it appears;
and
(B) by striking ``audit'' the second place it appears; and
(2) in subsection (a)(10) by inserting ``, inspection
reports, and evaluation reports'' after ``audit reports''.
SEC. 13. INFORMATION ON WEBSITES OF OFFICES OF INSPECTORS
GENERAL.
(a) In General.--The Inspector General Act of 1978 (5
U.S.C. App.) is amended by inserting after section 8K the
following:
``SEC. 8L. INFORMATION ON WEBSITES OF OFFICES OF INSPECTORS
GENERAL.
``(a) Direct Links to Inspectors General Offices.--
``(1) In general.--Each agency shall establish and maintain
on the homepage of the website of that agency, a direct link
to the website of the Office of the Inspector General of that
agency.
``(2) Accessibility.--The direct link under paragraph (1)
shall be obvious and facilitate accessibility to the website
of the Office of the Inspector General.
``(b) Requirements for Inspectors General Websites.--
``(1) Posting of reports and audits.--The Inspector General
of each agency shall--
``(A) not later than 3 days after any report or audit (or
portion of any report or audit) is made publicly available,
post that report or audit (or portion of that report or
audit) on the website of the Office of Inspector General; and
``(B) ensure that any posted report or audit (or portion of
that report or audit) described under subparagraph (A)--
``(i) is easily accessible from a direct link on the
homepage of the website of the Office of the Inspector
General;
``(ii) includes a summary of the findings of the Inspector
General; and
``(iii) is in a format that--
``(I) is searchable and downloadable; and
``(II) facilitates printing by individuals of the public
accessing the website.
``(2) Reporting of fraud, waste, and abuse.--
``(A) In general.--The Inspector General of each agency
shall establish and maintain a direct link on the homepage of
the website of the Office of the Inspector General for
individuals to report fraud, waste, and abuse. Individuals
reporting fraud, waste, or abuse using the direct link
established under this paragraph shall not be required to
provide personally identifying information relating to that
individual.
``(B) Anonymity.--The Inspector General of each agency
shall not disclose the identity of any individual making a
report under this paragraph without the consent of the
individual unless the Inspector General determines that such
a disclosure is unavoidable during the course of the
investigation.''.
(b) Repeal.--Section 746(b) of the Financial Services and
General Government Appropriations Act, 2008 (5 U.S.C. App.
note; 121 Stat. 2034) is repealed.
(c) Implementation.--Not later than 180 days after the date
of enactment of this Act, the head of each agency and the
Inspector General of each agency shall implement the
amendment made by this section.
SEC. 14. OTHER ADMINISTRATIVE AUTHORITIES.
(a) In General.--Section 6(d) of the Inspector General Act
of 1978 (5 U.S.C. App.) is amended to read as follows:
``(d)(1)(A) For purposes of applying the provisions of law
identified in subparagraph (B)--
``(i) each Office of Inspector General shall be considered
to be a separate agency; and
``(ii) the Inspector General who is the head of an office
referred to in clause (i) shall, with respect to such office,
have the functions, powers, and duties of an agency head or
appointing authority under such provisions.
``(B) This paragraph applies with respect to the following
provisions of title 5, United States Code:
``(i) Subchapter II of chapter 35.
``(ii) Sections 8335(b), 8336, 8344, 8414, 8468, and
8425(b).
``(iii) All provisions relating to the Senior Executive
Service (as determined by the Office of Personnel
Management), subject to paragraph (2).
``(2) For purposes of applying section 4507(b) of title 5,
United States Code, paragraph (1)(A)(ii) shall be applied by
substituting `the Council of the Inspectors General on
Integrity and Efficiency (established by section 11 of the
Inspector General Act) shall' for `the Inspector General who
is the head of an office referred to in clause (i) shall,
with respect to such office,'.''.
(b) Authority of Treasury Inspector General for Tax
Administration To Protect Internal Revenue Service
Employees.--Section 8D(k)(1)(C) of the Inspector General Act
of 1978 (5 U.S.C. App.) is amended by striking ``physical
security'' and inserting ``protection to the Commissioner of
Internal Revenue''.
____________________
AUTHORITY FOR COMMITTEES TO MEET
committee on agriculture, nutrition, and forestry
Mr. REID. Mr. President, I ask unanimous consent that the Committee
on Agriculture, Nutrition, and Forestry be authorized to meet during
the session of the Senate on Wednesday, September 24, 2008, at 9:30
a.m. in room 328A of the Russell Senate Office Building.
The PRESIDING OFFICER. Without objection, it is so ordered.
committee on agriculture, nutrition, and forestry and the ad hoc
subcommittee on disaster recovery
Mr. REID. Mr. President, I ask unanimous consent that the Senate
Committee on Agriculture, Nutrition, and Forestry and the Senate
Committee on Homeland Security and Governmental Affairs, Ad Hoc
Subcommittee on Disaster Recovery be authorized to meet during the
session of the Senate on Wednesday, September 24, 2008, at 10
[[Page 20795]]
a.m. in room 328A of the Russell Senate Office Building.
The PRESIDING OFFICER. Without objection, it is so ordered.
ad hoc subcommittee on state, local, and private sector preparedness
and integration
Mr. REID. Mr. President, I ask unanimous consent that the Ad Hoc
Subcommittee on State, Local, and Private Sector Preparedness and
Integration of the Committee on Homeland Security and Governmental
Affairs be authorized to meet during the session of the Senate on
Wednesday, September 24, 2008, at 2:30 p.m. to conduct a hearing
entitled ``Mission Possible: FEMA's Future Preparedness Planning.''
The PRESIDING OFFICER. Without objection, it is so ordered.
committee on commerce, science, and transportation
Mr. REID. Mr. President, I ask unanimous consent that the Committee
on Commerce, Science, and Transportation be authorized to meet during
the session of the Senate on Wednesday, September 24, 2008, at 10 a.m.
in room 253 of the Russell Senate Office Building.
The PRESIDING OFFICER. Without objection, it is so ordered.
committee on commerce, science, and transportation
Mr. REID. Mr. President, I ask unanimous consent that the Committee
on Commerce, Science, and Transportation be authorized to meet during
the session of the Senate on Wednesday, September 24, 2008, at 2:30
p.m., in room 253 of the Russell Senate Office Building.
The PRESIDING OFFICER. Without objection, it is so ordered.
committee on environment and public works
Mr. REID. Mr. President, I ask unanimous consent that the Committee
on Environment and Public Works be authorized to meet during the
session of the Senate on Wednesday, September 24, 2008 at 2:30 p.m. in
room 406 of the Dirksen Senate Office Building to conduct a hearing
entitled ``Bush Administration Environmental Record at Department of
the Interior and Environmental Protection Agency.''
The PRESIDING OFFICER. Without objection, it is so ordered.
committee on homeland security and governmental affairs
Mr. REID. Mr. President, I ask unanimous consent that the Committee
on Homeland Security and Governmental Affairs be authorized to meet
during the session of the Senate on Wednesday, September 24, 2008, at
10 a.m. to conduct a hearing entitled ``Domestic Partner Benefits for
Federal Employees: Fair Policy and Good Business.''
The PRESIDING OFFICER. Without objection, it is so ordered.
committee on foreign relations
Mr. REID. Mr. President, I ask unanimous consent that the Committee
on Foreign Relations be authorized to meet during the session of the
Senate on Wednesday, September 24, 2008, at 9:30 a.m.
The PRESIDING OFFICER. Without objection, it is so ordered.
committee on foreign relations
Mr. REID. Mr. President, I ask unanimous consent that the Committee
on Foreign Relations be authorized to meet during the session of the
Senate on Wednesday, September 24, 2008, at 2:30 p.m.
The PRESIDING OFFICER. Without objection, it is so ordered.
committee on veterans' affairs
Mr. REID. Mr. President, I ask unanimous consent that the Committee
on Veterans' Affairs be authorized to meet during the session of the
Senate on Wednesday, September 24, 2008. The Committee will meet in
room 418 of the Russell Building beginning at 9:30 a.m.
The PRESIDING OFFICER. Without objection, it is so ordered.
special committee on aging
Mr. REID. Mr. President, I ask unanimous consent that the Special
Committee on Aging be authorized to meet during the session of the
Senate on Wednesday, September 24, 2008, from 10:30 a.m.-12:30 p.m. in
Dirksen 562 for the purpose of conducting a hearing.
The PRESIDING OFFICER. Without objection, it is so ordered.
subcommittee on human rights and the law
Mr. REID. Mr. President, I ask unanimous consent that the Senate
Committee on the Judiciary, Subcommittee on Human Rights and the Law,
be authorized to meet during the session of the Senate, to conduct a
hearing entitled ``Extracting Natural Resources: Corporate
Responsibility and the Rule of Law'' on Wednesday, September 24, 2008,
at 10:45 a.m., in room SH-216 of the Hart Senate Office Building.
The PRESIDING OFFICER. Without objection, it is so ordered.
subcommittee on terrorism, technology, and homeland security
Mr. REID. Mr. President, I ask unanimous consent that the Senate
Committee on the Judiciary, Subcommittee on Terrorism, Technology, and
Homeland Security, be authorized to meet during the session of the
Senate, to conduct a hearing entitled ``The Visa Waiver Program:
Mitigating the program risks to ensure the safety of all Americans'' on
Wednesday, September 24, 2008, at 2:30 p.m., in room SH-216 of the Hart
Senate Office Building.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
PRIVILEGES OF THE FLOOR
Mr. SALAZAR. Mr. President, I ask unanimous consent that Elaine
Ulrich, a legislative fellow in my office, be granted floor privileges
for the reminder of the session.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
MILITARY PERSONNEL CITIZENSHIP PROCESSING ACT
Mr. SALAZAR. Madam President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 936, S. 2840.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 2840) to establish a liaison with the Federal
Bureau of Investigation in the United States Citizenship and
Immigration Services to expedite naturalization applications
filed by members of the Armed Forces and to establish a
deadline for processing such applications.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on the Judiciary with an
amendment to strike all after the enacting clause and insert in lieu
thereof the following:
S. 2840
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Personnel
Citizenship Processing Act''.
SEC. 2. OFFICE OF THE FBI LIAISON.
(a) Establishment.--Section 451 of the Homeland Security
Act of 2002 (6 U.S.C. 271) is amended by adding at the end
the following:
``(g) Office of the FBI Liaison.--
``(1) In general.--There shall be an Office of the FBI
Liaison in the Department of Homeland Security.
``(2) Functions.--The Office of the FBI Liaison shall
monitor the progress of the functions of the Federal Bureau
of Investigation in the naturalization process to assist in
the expeditious completion of all such functions pertaining
to naturalization applications filed by, or on behalf of--
``(A) current or former members of the Armed Forces under
section 328 or 329 of the Immigration and Nationality Act (8
U.S.C. 1439 and 1440);
``(B) current spouses of United States citizens who are
currently serving on active duty in the Armed Forces, who
qualify for naturalization under section 319(b) of the
Immigration and Nationality Act (8 U.S.C. 1430(b)), and
surviving spouses and children who qualify for naturalization
under section 319(d) of such Act; or
``(C) a deceased individual who is eligible for posthumous
citizenship under section 329A of the Immigration and
Nationality Act (8 U.S.C. 1440-1).
``(3) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be necessary
to carry out this subsection.''.
(b) Rulemaking.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland
Security, in consultation with the Attorney General, shall
promulgate rules to carry out the amendment made by
subsection (a).
SEC. 3. DEADLINE FOR PROCESSING AND ADJUDICATING
NATURALIZATION APPLICATIONS FILED BY CURRENT OR
FORMER MEMBERS OF THE ARMED FORCES AND THEIR
SPOUSES AND CHILDREN.
(a) In General.--Section 328 of the Immigration and
Nationality Act (8 U.S.C. 1439) is amended by adding at the
end the following:
[[Page 20796]]
``(g) Not later than 6 months after receiving an
application for naturalization filed by a current member of
the Armed Forces under subsection (a), section 329(a), or
section 329A, by the spouse of such member under section
319(b), or by a surviving spouse or child under section
319(d), United States Citizenship and Immigration Services
shall--
``(1) process and adjudicate the application, including
completing all required background checks to the satisfaction
of the Secretary of Homeland Security; or
``(2) provide the applicant with--
``(A) an explanation for its inability to meet the
processing and adjudication deadline under this subsection;
and
``(B) an estimate of the date by which the application will
be processed and adjudicated.
``(h) The Director of United States Citizenship and
Immigration Services shall submit an annual report to the
Subcommittee on Immigration, Border Security, and Refugees
and the Subcommittee on Homeland Security of the Senate and
the Subcommittee on Immigration, Citizenship, Refugees,
Border Security, and International Law and the Subcommittee
on Homeland Security of the House of Representatives that
identifies every application filed under subsection (a),
subsection (b) or (d) of section 319, section 329(a), or
section 329A that is not processed and adjudicated within 1
year after it was filed due to delays in conducting required
background checks.''.
(b) GAO Report.--Not later than 180 days after the date of
the enactment of this Act, the Comptroller General shall
submit a report to Congress that contains the results of a
study regarding the average length of time taken by United
States Citizenship and Immigration Services to process and
adjudicate applications for naturalization filed by members
of the Armed Forces, deceased members of the Armed Forces,
and their spouses and children.
SEC. 4. SUNSET PROVISION.
This Act and the amendments made by this Act are repealed
on the date that is 5 years after the date of the enactment
of this Act.
Mr. SALAZAR. I ask unanimous consent that the committee substitute be
agreed to, the bill, as amended, be read a third time and passed, the
motions to reconsider be laid upon the table, with no intervening
action or debate, and any statements be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee amendment in the nature of a substitute was agreed to.
The bill (S. 2840), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed.
____________________
OREGON SURPLUS FEDERAL LAND ACT OF 2008
Mr. SALAZAR. Madam President, I ask unanimous consent that the Senate
proceed to the immediate consideration of H.R. 6370, which was received
from the House.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (H.R. 6370) to transfer excess Federal property
administered by the Coast Guard to the Confederated Tribes of
the Coos, Lower Umpqua, and Siuslaw Indians.
There being no objection, the Senate proceeded to consider the bill.
Mr. SALAZAR. I ask unanimous consent that the bill be read a third
time and passed, the motion to reconsider be laid upon the table, and
any statements relating to the bill be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (H.R. 6370) was ordered to be read a third time, was read
the third time, and passed.
____________________
DESIGNATING THE JOHN W. WARNER RAPIDS
Mr. SALAZAR. Madam President, I ask unanimous consent that the Senate
now proceed to the immediate consideration of Calendar No. 1053, S.
3550.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 3550) to designate a portion of the Rappahannock
River in the Commonwealth of Virginia as the ``John W. Warner
Rapids.''
There being no objection, the Senate proceeded to consider the bill.
Mr. SALAZAR. I ask unanimous consent that the bill be read a third
time and passed, the motion to reconsider be laid upon the table, with
no intervening action or debate, and any statements be printed in the
Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (S. 3550) was ordered to be engrossed for a third reading,
was read the third time and passed, as follows:
S. 3550
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. JOHN W. WARNER RAPIDS, FREDERICKSBURG, VIRGINIA.
(a) Designation.--The portion of the Rappahannock River
comprised of the manmade rapids located at the site of the
former Embrey Dam in Fredericksburg, Virginia, and centered
at the coordinates of N. 38.3225 latitude, W. 077.4900
longitude, shall be known and designated as the ``John W.
Warner Rapids''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
portion of the Rappahannock River referred to in subsection
(a) shall be deemed to be a reference to the John W. Warner
Rapids.
____________________
IMPROVING GOVERNMENT ACCOUNTABILITY ACT
Mr. SALAZAR. Madam President, I ask unanimous consent the Homeland
Security and Governmental Affairs Committee be discharged from further
consideration of H.R. 928, and the Senate proceed to its immediate
consideration.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (H.R. 928) to amend the Inspector General Act of
1978 to enhance the independence of the Inspectors General,
to create a Council of the Inspectors General on Integrity
and Efficiency, and for other purposes.
There being no objection, the Senate proceeded to consider the bill.
Mr. SALAZAR. Madam President, I ask unanimous consent that a
McCaskill substitute amendment which is at the desk be agreed to, the
bill, as amended, be read a third time and passed, the motions to
reconsider be laid upon the table, with no intervening action or
debate, and that any statements relating thereto be printed in the
Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 5644) was agreed to.
(The amendment is printed in today's Record under ``Text of
Amendments.'')
The amendment was ordered to be engrossed and the bill to be read a
third time.
The bill (H.R. 928), as amended, was read the third time and passed.
____________________
AUTHORIZING DOCUMENT PRODUCTION
Mr. SALAZAR. Madam President, I ask unanimous consent that the Senate
proceed to the immediate consideration of S. Res. 680, which was
submitted earlier today.
The PRESIDING OFFICER. The clerk will report the resolution by title.
The legislative clerk read as follows:
A resolution (S. Res. 680) to authorize the production of
records by the Permanent Subcommittee on Investigations of
the Committee on Homeland Security and Governmental Affairs.
There being no objection, the Senate proceeded to consider the
resolution.
Mr. REID. Madam President, the Permanent Subcommittee on
Investigations of the Committee on Homeland Security and Governmental
Affairs has received requests from various law enforcement and
regulatory agencies, seeking access to records that the Subcommittee
obtained during its recent investigation into how financial
institutions have designed, marketed, and implemented transactions
intended to enable foreign taxpayers to avoid taxes on U.S. stock
dividends.
This resolution would authorize the chairman and ranking minority
member of the Permanent Subcommittee on Investigations, acting jointly,
to provide records, obtained by the Subcommittee in the course of its
investigation, in response to these requests and any similar requests
from government entities and officials with a legitimate need for the
records.
Mr. SALAZAR. I ask unanimous consent that the resolution be agreed to
and the motion to reconsider be laid upon the table; that any
statements be printed in the Record as if read.
The PRESIDING OFFICER. Without objection, it is so ordered.
[[Page 20797]]
The resolution (S. Res. 680) was agreed to.
The preamble was agreed to.
The resolution, with its preamble, read as follows:
S. Res. 680
Whereas, the Permanent Subcommittee on Investigations of
the Committee on Homeland Security and Governmental Affairs
conducted an investigation into how financial institutions
have designed, marketed, and implemented transactions
intended to enable foreign taxpayers to avoid taxes, on U.S.
stock dividends;
Whereas, the Subcommittee has received requests from law
enforcement and regulatory agencies for access to records of
the Subcommittee's investigation;
Whereas, by the privileges of the Senate of the United
States and Rule XI of the Standing Rules of the Senate, no
evidence under the control or in the possession of the Senate
can, by administrative or judicial process, be taken from
such control or possession but by permission of the Senate;
Whereas, when it appears that evidence under the control or
in the possession of the Senate is needed for the promotion
of justice, the Senate will take such action as will promote
the ends of justice consistent with the privileges of the
Senate: Now, therefore, be it
Resolved, That the Chairman and Ranking Minority Member of
the Permanent Subcommittee on Investigations of the Committee
on Homeland Security and Governmental Affairs, acting
jointly, are authorized to provide to law enforcement
officials, regulatory agencies, and other entities or
individuals duly authorized by federal, state, or foreign
governments, records of the Subcommittee's investigation into
how financial institutions have designed, marketed, and
implemented transactions intended to enable foreign taxpayers
to avoid taxes on U.S. stock dividends.
____________________
HISPANIC HERITAGE MONTH
Mr. SALAZAR. I ask unanimous consent that the Senate now proceed to
the immediate consideration of S. Res. 682, submitted earlier today by
this Senator from Colorado.
The PRESIDING OFFICER. The clerk will report the resolution by title.
The legislative clerk read as follows:
A resolution (S. Res. 682) recognizing Hispanic Heritage
Month and celebrating the heritage and culture of Hispanic
Americans and their immense contribution to the Nation.
There being no objection, the Senate proceeded to consider the
resolution.
Mr. SALAZAR. I ask unanimous consent that the resolution be agreed
to, the preamble be agreed to, the motions to reconsider be laid upon
the table, with no intervening action or debate, and any statements be
printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The resolution (S. Res. 682) was agreed to.
The preamble was agreed to.
The resolution, with its preamble, reads as follows:
S. Res. 682
Whereas from September 15, 2008, through October 15, 2008,
the country celebrates Hispanic Heritage Month;
Whereas the Census Bureau estimates the Hispanic population
in the United States at 45,500,000 people, making Hispanic
Americans the largest ethnic minority within the United
States;
Whereas 1 in 3 United States public school students is
Hispanic, and the total number of Hispanic students enrolled
in our Nation's public schools is expected to reach
28,000,000 by 2050;
Whereas the purchasing power of Hispanic Americans has
reached $870,000,000,000 by 2008 and there are more than
1,600,000 Hispanic-owned firms in the United States,
supporting 1,536,795 employees nationwide;
Whereas Hispanic Americans serve in all branches of the
Armed Forces, bravely fought in every war in United States
history, and continue to serve with distinction in
Afghanistan and Iraq;
Whereas 140,000 Hispanic soldiers served in the Korean War;
Whereas more than 80,000 Hispanics served in the Vietnam
War, representing 5.5 percent of those who made the ultimate
sacrifice for their country in that conflict although they
comprised only 4.5 percent of the United States population at
the time;
Whereas, as of August 2, 2008, approximately 11 percent of
the more than 4,122 United States military fatalities in Iraq
have been Hispanic;
Whereas there are more than 1,100,000 Hispanic veterans of
the United States Armed Forces;
Whereas 43 Hispanic Americans have received the
Congressional Medal of Honor, the highest award for valor in
action against an enemy force which can be bestowed upon an
individual serving in the United States Armed Forces;
Whereas Hispanic Americans are dedicated public servants,
holding posts at the highest levels of government, including
3 seats in the United States Senate; and
Whereas Hispanic Americans harbor a deep commitment to
family and community, an enduring work ethic, and a
perseverance to succeed and contribute to society: Now,
therefore, be it
Resolved, That the Senate--
(1) recognizes the celebration of Hispanic Heritage Month
from September 15, 2008, through October 15, 2008;
(2) honors the heritage and culture of Hispanic Americans
and their immense contributions to the life of the Nation;
and
(3) urges the people of the United States to observe
Hispanic Heritage Month with appropriate programs and
activities.
____________________
NATIONAL CHILDHOOD LEAD POISONING PREVENTION WEEK
Mr. SALAZAR. Madam President, I ask unanimous consent that the Senate
proceed to the immediate consideration of S. Res. 683, submitted
earlier today by Senator Reed of Rhode Island.
The PRESIDING OFFICER. The clerk will report the resolution by title.
The legislative clerk read as follows:
A resolution (S. Res. 683) designating the week of October
19 through October 25, 2008, as ``National Childhood Lead
Poisoning Prevention Week.''
There being no objection, the Senate proceeded to consider the
resolution.
Mr. SALAZAR. I ask unanimous consent that the resolution be agreed
to; the preamble be agreed to; the motions to reconsider be laid upon
the table, with no intervening action or debate; and any statements
related to the resolution be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The resolution (S. Res. 683) was agreed to.
The preamble was agreed to.
The resolution, with its preamble, reads as follows:
S. Res. 683
Whereas lead poisoning is one of the leading environmental
health hazards facing children in the United States;
Whereas approximately 240,000 children in the United States
under the age of 6 currently have harmful levels of lead in
their blood;
Whereas lead poisoning may cause serious, long-term harm to
children, including reduced intelligence and attention span,
behavior problems, learning disabilities, and impaired
growth;
Whereas children from low-income families are significantly
more likely to be poisoned by lead than are children from
high-income families;
Whereas children may be poisoned by lead in water, soil,
housing, or consumable products;
Whereas children most often are poisoned in their homes
through exposure to lead particles when lead-based paint
deteriorates or is disturbed during home renovation and
repainting; and
Whereas lead poisoning crosses all barriers of race,
income, and geography: Now, therefore, be it
Resolved, That the Senate--
(1) designates the week of October 19 through October 25,
2008, as ``National Childhood Lead Poisoning Prevention
Week''; and
(2) calls upon the people of the United States to observe
National Childhood Lead Poisoning Prevention Week with
appropriate programs and activities.
____________________
STRATEGY TO ADDRESS CRISIS IN DARFUR, SUDAN
Mr. SALAZAR. Madam President, I ask unanimous consent that the Senate
proceed to the immediate consideration of S. Res. 684, introduced
earlier today by Senator Durbin.
The PRESIDING OFFICER. The clerk will report the resolution by title.
The legislative clerk read as follows:
A resolution (S. Res. 684) calling for a comprehensive
strategy to address the crisis in Darfur, Sudan.
There being no objection, the Senate proceeded to consider the
resolution.
Mr. DURBIN. Madam President, as we wrap up the work of the 110th
Congress and look ahead to a new administration, let us take a moment
to consider a part of the world that desperately needs our continued
attention. I am talking about the tragic situation in Darfur.
[[Page 20798]]
The United Nations estimates that more than 300,000 people have died
in Darfur since 2003. In that time, another 2.5 million people have
been displaced.
Just over 4 years ago the House unanimously passed a resolution
calling the situation in Darfur genocide. The resolution urged the
President to consider multilateral--even unilateral--intervention to
address this crisis.
The legislation spoke of Congress's hope that the United States would
not allow what happened in Rwanda to happen again.
Not on our watch.
Since then we have passed legislation increasing economic pressure on
Sudan. The U.N. Security Council has passed resolutions and implemented
arms embargos. Members of Congress have met with Ambassadors and U.N.
Secretary General Ban Ki-moon.
And yet we have failed to bring an end to this nightmare--a nightmare
that is now entering its sixth year.
In May, Senator Snowe and 27 other Senators joined me in a letter to
President Bush saying that it was time for definitive U.S. leadership
to bring a long-term resolution to the crisis in Sudan. This bipartisan
letter from almost a third of the Senate said:
Fourteen years ago the world watched as genocide unfolded
in Rwanda. Despite dire warnings and pleas for help, 800,000
people were brutally killed in less than one hundred days.
Today the world looks back in painful regret at its failure
to take action. Yet, we are likely to face a similarly harsh
historical judgment if we do not once and for all take action
against the genocide in Darfur.
A rogue regime guilty of killing hundreds of thousands of its own
people--guilty of rape, torture, and the creation of millions of
refugees--must not be allowed to thumb its nose any further at the
international community.
Yet the Sudanese regime continues to stall the deployment of a
historic peacekeeping force--a force that is still only one-third
deployed more than 1 year after it was approved by the U.N. Security
Council.
I and others repeatedly have raised directly with President Bush and
with Secretary Rice the need for decisive Presidential leadership.
Senator Biden has held hearings in the Senate Foreign Relations
Committee to ask why the administration cannot do more to help with the
desperately needed deployment of peacekeepers.
President Bush himself said during a visit this year to Kigali
Memorial Center, where 250,000 Rwandans are buried in mass graves, that
he hoped the world would ``once and for all'' work to halt the genocide
in Darfur.
Today's tragedy in Darfur is of historic proportion. It is our duty
to step in and show the world we really care. But it takes Presidential
leadership--not in 6 months, not in a year, but now.
The United States is not the only country that needs to act. A recent
BBC investigation showed that Chinese military equipment is still being
used by the Government of Sudan in Darfur, despite a U.N. arms embargo.
The arms embargo--which my colleague, Senator Bill Nelson, has been
arguing should be strengthened--requires foreign nations to ensure that
they are not in any way providing military assistance for the conflict
in Darfur. Yet, over the years, Amnesty International and now the BBC
have documented Chinese and Russian military equipment in Darfur.
China and Russia are members of the U.N. Security Council and have a
responsibility to ensure their equipment is not adding to the human
suffering in Sudan.
If China wants the world to see it as a modern and responsible global
leader, it is time to show real leadership on such issues as Darfur,
Burma, and Zimbabwe. It should no longer use its Security Council veto
to protect brutal dictatorships. It must be diligent in its weapons
sales to conflict zones.
My friend and colleague, Senator Chuck Hagel, said it perfectly in a
recent speech. He said:
Powerful nations must be the adults in world affairs.
Anything less will result in disastrous, useless, preventable
global conflict.
I couldn't agree more.
I call on China to stop propping up the Sudanese regime with oil
purchases. Ensure that Chinese weapons are not fueling the conflict.
Use your full diplomatic leverage to ensure full U.N. peacekeeper
deployment, and work with the global community to help forge a long-
term political settlement in Sudan.
This week Senators Snowe, Kerry, Feingold, Lugar, Brownback, Schumer,
Menendez, Dodd, Specter, Leahy, Levin, Obama, Biden and others have
joined me in introducing a final resolution of this 110th Congress on
Darfur.
It urges the President, the United Nations, the African Union, and
other key members of the international community to pursue a
comprehensive strategy to address the ongoing crisis in Darfur. It also
condemns the Government of Sudan for its continued violence and
obstruction of the international community. A similar resolution is
being introduced in the House.
Quite simply, the situation in Darfur has reached a tragic juncture.
This administration and Congress will either act soon or, sadly, this
genocide will have occurred on our watch.
A few years ago, President Clinton faced the reality of the failure
to halt the genocide in Rwanda. He called it ``my great, great regret
in international affairs.''
That was a brave and honorable reflection.
We cannot allow ourselves to have to look back years from now to say
the same thing happened in Darfur. The United States and the global
community, particularly those on the U.N. Security Council and Sudan's
neighbors, have a moral responsibility to speak out and act to save the
people of Darfur.
Mr. SALAZAR. I ask unanimous consent that the resolution be agreed
to; the preamble be agreed to; the motion to reconsider be laid upon
the table, with no intervening action or debate; and any statements
relating to this measure be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The resolution (S. Res. 684) was agreed to.
The preamble was agreed to.
The resolution, with its preamble, reads as follows:
S. Res. 684
Whereas more than 300,000 people have died and
approximately 2,500,000 have been displaced in Darfur since
2003, according to estimates by the United Nations;
Whereas Congress unanimously declared on July 22, 2004,
that the atrocities in Darfur were genocide;
Whereas, on September 9, 2004, Secretary of State Colin
Powell and on June 1, 2005, President George W. Bush
described the crisis in Darfur as genocide;
Whereas the United States has led the world in financial
contributions to humanitarian aid and peacekeeping operations
in Darfur;
Whereas, on July 31, 2007, the United Nations Security
Council voted to deploy an historic United Nations-African
Union (UNAMID) peacekeeping force to stem the violence in
Darfur and create conditions for peace talks;
Whereas only approximately 10,000 of the authorized force
of 26,000 peacekeepers and police have deployed to Darfur,
delayed by Sudanese obstruction as well as by a failure of
the international community to commit sufficient resources
and to overcome logistical obstacles; and
Whereas more than four years have passed since Congress
declared the conflict in Darfur to be genocide and conditions
on the ground in Darfur continue to worsen: Now, therefore,
be it
Resolved, That the Senate--
(1) urges the President, the United Nations Secretary-
General, the African Union, and other key members of the
international community to pursue a comprehensive solution to
the Darfur crisis by--
(A) supporting efforts to launch a just and inclusive peace
process;
(B) ensuring the full and effective deployment of the
UNAMID mission;
(C) ensuring the free and unfettered flow of humanitarian
aid;
(D) promoting economic and political development programs;
(E) supporting full implementation of the Comprehensive
Peace Agreement of 2005; and
(F) promoting justice and accountability;
(2) condemns the Government of Sudan for its continued
obstruction of the deployment of United Nations-African Union
peacekeepers and equipment;
(3) condemns the ongoing acts of violence in and
obstruction of aid to Darfur committed by all parties; and
(4) calls upon the Government of Sudan and armed parties in
the region to declare
[[Page 20799]]
and respect an immediate cessation of hostilities, abide by
the United Nations embargo on the importation of arms, cease
predation and attacks upon humanitarian organizations, and
participate in international efforts to negotiate a lasting
political settlement for the region.
____________________
STATE-BASED ALCOHOL REGULATION
Mr. SALAZAR. Madam President, I ask unanimous consent that the
Judiciary Committee be discharged from further consideration of S. Res.
551 and the Senate proceed to its immediate consideration.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report the resolution by title.
The legislative clerk read as follows:
A resolution (S. Res. 551) celebrating 75 years of
successful State-based alcohol regulation.
There being no objection, the Senate proceeded to consider the
resolution.
Mr. SALAZAR. I ask unanimous consent that the resolution be agreed
to; the preamble be agreed to; the motions to reconsider be laid upon
the table, with no intervening action or debate; and that any
statements related to the resolution be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The resolution (S. Res. 551) was agreed to.
The preamble was agreed to.
The resolution, with its preamble, reads as follows:
S. Res. 551
Whereas, throughout the history of the United States,
alcohol has been consumed by the people of the United States
and has been regulated by government;
Whereas, before the passage of the 18th amendment to the
Constitution of the United States (commonly known as
``National Prohibition''), abuses and insufficient regulation
resulted in irresponsible overconsumption of alcohol;
Whereas the passage of the 18th amendment, which prohibited
``the manufacture, sale, or transportation of intoxicating
liquors'' in the United States, resulted in a dramatic
increase in illegal activity, including unsafe black market
alcohol production, a growth in organized crime, and
increasing noncompliance with alcohol laws;
Whereas the platforms of the 2 major political parties in
the 1932 presidential campaign advocated ending National
Prohibition by repealing the 18th amendment;
Whereas, on February 20, 1933, the second session of the
72nd Congress submitted to conventions of the States the
question of repealing the 18th amendment and adding new
language to the Constitution requiring the transportation or
importation of alcoholic beverages for delivery or use in any
State to be carried out in compliance with the laws of that
State;
Whereas, on December 5, 1933, Utah became the 36th State to
approve what became the 21st amendment to the Constitution of
the United States, making the ratification of the 21st
amendment the fastest ratification of a constitutional
amendment in the history of the United States and the only
ratification of a constitutional amendment ever decided by
State conventions pursuant to Article V of the Constitution;
Whereas alcohol is the only product in commerce in the
United States that has been the subject of 2 constitutional
amendments;
Whereas Congress's reenactment in 1935 of the Act entitled
``An Act divesting intoxicating liquors of their interstate
character in certain cases'', approved March 1, 1913
(commonly known as the Webb-Kenyon Act) (27 U.S.C. 122), and
the enactment of the Federal Alcohol Administration Act (27
U.S.C. 201 et seq.), section 2004 of Aimee's Law (27 U.S.C.
122a) (relating to 21st amendment enforcement), the Sober
Truth on Preventing Underage Drinking Act (Public Law 109-
422; 120 Stat. 2890), and annual appropriations to support
State enforcement of underage drinking laws demonstrate a
longstanding and continuing intent on the part of Congress
that States should exercise their primary authority to
achieve temperance, the creation and maintenance of orderly
and stable markets with respect to alcoholic beverages, and
the facilitation of the efficient collection of taxes;
Whereas the legislatures and alcoholic beverage control
agencies of the 50 States have worked diligently to implement
the powers granted by the 21st amendment for 75 years and to
ensure the creation and maintenance of State-based regulatory
systems for alcohol distribution made up of producers,
importers, wholesale distributors, and retailers;
Whereas the development of a transparent and accountable
system for the distribution and sale of alcoholic beverages,
an orderly market, temperance in consumption and sales
practices, the efficient collection of taxes, and other
essential policies have been successfully guided by the
collective experience and cooperation of government agencies
and licensed industry members throughout the geographically
and culturally diverse Nation;
Whereas regulated commerce in alcoholic beverages annually
contributes billions of dollars in Federal and State tax
revenues and additional billions to the United States economy
and supports the employment of millions of people in the
United States in more than 2,500 breweries, distilleries,
wineries, and import companies, more than 2,700 wholesale
distributor facilities, more than 530,000 retail outlets, and
numerous agricultural, packaging, and transportation
businesses;
Whereas the United States system of State-based alcohol
regulation has resulted in a marketplace with unprecedented
choice, variety, and selection for consumers;
Whereas members of the licensed alcoholic beverage industry
have been constant partners with Federal and State
governments in balancing the conduct of competitive
businesses with the need to control alcohol in order to
provide consumers in the United States with a safe and
regulated supply of alcoholic beverages; and
Whereas members of the licensed alcoholic beverage industry
have created and supported a wide range of national, State,
and community programs to address problems associated with
alcohol abuse, including drunk driving and underage drinking:
Now, therefore, be it
Resolved, That the Senate--
(1) celebrates 75 years of effective State-based alcohol
regulation since the passage of the 21st amendment to the
Constitution of the United States;
(2) commends State lawmakers, regulators, law enforcement
officers, the public health community, and industry members
for successful collaboration in achieving a workable, legal,
and successful system for the distribution and sale of
alcoholic beverages; and
(3) reaffirms the continued support of the Senate for
policies that allow States to effectively regulate alcohol.
____________________
NATIONAL ALTERNATIVE FUEL VEHICLE DAY
Mr. SALAZAR. Madam President, I ask unanimous consent that the
Judiciary Committee be discharged from further consideration of S. Res.
665, and the Senate proceed to its immediate consideration.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report the resolution by title.
The legislative clerk read as follows:
A resolution (S. Res. 665) designating October 3, 2008, as
``National Alternative Fuel Vehicle Day.''
There being no objection, the Senate proceeded to consider the
resolution.
Mr. SALAZAR. Madam President, I ask unanimous consent that the
resolution be agreed to, the preamble be agreed to, the motions to
reconsider be laid upon the table, with no intervening action or
debate, and any statements related to the resolution be printed in the
Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The resolution (S. Res. 665) was agreed to.
The preamble was agreed to.
The resolution, with its preamble, reads as follows:
S. Res. 665
Whereas the United States should reduce the dependence of
the Nation on foreign oil and enhance the energy security of
the Nation by creating a transportation sector that is less
dependent on oil;
Whereas the United States should improve the air quality of
the Nation by reducing emissions from the millions of motor
vehicles that operate in the United States;
Whereas the United States should foster national expertise
and technological advancement in cleaner, more energy-
efficient alternative fuel and advanced technology vehicles;
Whereas a robust domestic industry for alternative fuels
and alternative fuel and advanced technology vehicles will
create jobs and increase the competitiveness of the United
States in the international community;
Whereas the people of the United States need more options
for clean and energy-efficient transportation;
Whereas the mainstream adoption of alternative fuel and
advanced technology vehicles will produce benefits at the
local, national, and international levels;
Whereas consumers and businesses require a better
understanding of the benefits of alternative fuel and
advanced technology vehicles;
Whereas first responders require proper and comprehensive
training to become fully prepared for any precautionary
measures that they may need to take during incidents and
extrications that involve alternative fuel and advanced
technology vehicles;
[[Page 20800]]
Whereas the Federal Government can lead the way toward a
cleaner and more efficient transportation sector by choosing
alternative fuel and advanced technology vehicles for the
fleets of the Federal Government; and
Whereas Federal support for the adoption of alternative
fuel and advanced technology vehicles can accelerate greater
energy independence for the United States, improve the
environmental security of the Nation, and address global
climate change: Now, therefore, be it
Resolved, That the Senate--
(1) designates October 3, 2008, as ``National Alternative
Fuel Vehicle Day'';
(2) proclaims National Alternative Fuel Vehicle Day as a
day to promote programs and activities that will lead to the
greater use of cleaner, more efficient transportation that
uses new sources of energy; and
(3) urges Americans--
(A) to increase the personal and commercial use of cleaner
and energy-efficient alternative fuel and advanced technology
vehicles;
(B) to promote public sector adoption of cleaner and
energy-efficient alternative fuel and advanced technology
vehicles; and
(C) to encourage the enactment of Federal policies to
reduce the dependence of the United States on foreign oil
through the advancement and adoption of alternative,
advanced, and emerging vehicle and fuel technologies.
____________________
ORDERS FOR THURSDAY, SEPTEMBER 25, 2008
Mr. SALAZAR. Madam President, I ask unanimous consent that when the
Senate completes its business today, it stand in recess until 9:30
a.m., tomorrow, Thursday, September 25; that following the prayer and
pledge, the Journal of proceedings be approved to date, the time for
the two leaders be reserved for their use later in the day, and the
Senate proceed to a period of morning business, with Senators permitted
to speak for up to 10 minutes each.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
PROGRAM
Mr. SALAZAR. Madam President, we expect to receive the consolidated
appropriations bill from the House tomorrow morning. It is the majority
leader's intention to turn to its consideration upon its arrival.
____________________
RECESS UNTIL 9:30 A.M. TOMORROW
Mr. SALAZAR. Madam President, if there is no further business to come
before the Senate, I ask unanimous consent that it stand in recess
under the previous order.
There being no objection, the Senate, at 8:56 p.m., recessed until
Thursday, September 25, 2008, at 9:30 a.m.
[[Page 20801]]
HOUSE OF REPRESENTATIVES--Wednesday, September 24, 2008
The House met at 10 a.m. and was called to order by the Speaker pro
tempore (Mr. Pastor).
____________________
DESIGNATION OF THE SPEAKER PRO TEMPORE
The SPEAKER pro tempore laid before the House the following
communication from the Speaker:
Washington, DC,
September 24, 2008.
I hereby appoint the Honorable Ed Pastor to act as Speaker
pro tempore on this day.
Nancy Pelosi,
Speaker of the House of Representatives.
____________________
PRAYER
The Chaplain, the Reverend Daniel P. Coughlin, offered the following
prayer:
Lord God, because You are the Almighty, You move and act ceaselessly
without hesitation. Congress and the Nation stand before You in need.
Make of us what You will. Move and act within us for the common good of
the Nation and all its citizens.
Relying on Your revelation throughout history, knowing the power of
Your Word and Your saving grace, we stand in freedom and desirous of a
greater union.
We lift the broken pieces of our covenant, knowing Your power to
admonish and heal. We proclaim once again to all who would hear and
understand, as we pray, ``In God We Trust.'' Amen.
____________________
THE JOURNAL
The SPEAKER pro tempore. The Chair has examined the Journal of the
last day's proceedings and announces to the House his approval thereof.
Pursuant to clause 1, rule I, the Journal stands approved.
____________________
PLEDGE OF ALLEGIANCE
The SPEAKER pro tempore. The Pledge of Allegiance will be led by the
gentleman from Washington (Mr. Larsen).
Mr. LARSEN of Washington led the Pledge of Allegiance as follows:
I pledge allegiance to the Flag of the United States of
America, and to the Republic for which it stands, one nation
under God, indivisible, with liberty and justice for all.
____________________
MESSAGE FROM THE SENATE
A message from the Senate by Ms. Curtis, one of its clerks, announced
that the Senate has passed without amendments bills of the House of the
following titles:
H.R. 3068. An act to prohibit the award of contracts to
provide guard services under the contract security guard
program of the Federal Protective Service to a business
concern that is owned, controlled, or operated by an
individual who has been convicted of a felony.
H.R. 6984. An act to amend title 49, United States Code, to
extend authorizations for the airport improvement program, to
amend the Internal Revenue Code of 1986 to extend the funding
and expenditure authority of the Airport and Airway Trust
Fund, and for other purposes.
The message also announced that the Senate has passed with an
amendment in which the concurrence of the House is requested, a bill of
the House of the following title:
H.R. 4120. An act to amend title 18, United States Code, to
provide for more effective prosecution of cases involving
child pornography, and for other purposes.
The message also announced that the Senate has passed bills and
agreed to a concurrent resolution of the following titles in which the
concurrence of the House is requested:
S. 1255. An Act to protect Indian arts and crafts through
the improvement of applicable criminal proceedings, and for
other purposes.
S. 1382. An Act to amend the Public Health Service Act to
provide for the establishment of an Amyotrophic Lateral
Sclerosis Registry.
S. 1810. An Act to amend the Public Health Service Act to
increase the provision of scientifically sound information
and support services to patients receiving a positive test
diagnosis for Down syndrome or other prenatally and
postnatally diagnosed conditions.
S. 2816. An Act to provide for the appointment of the Chief
Human Capital Officer of the Department of Homeland Security
by the Secretary of Homeland Security.
S. 2932. An Act to amend the Public Health Service Act to
reauthorize the poison center national toll-free number,
national media campaign, and grant program to provide
assistance for poison prevention, sustain the funding of
poison centers, and enhance the public health of people of
the United States.
S. 3328. An Act to amend the Homeland Security Act of 2002
to provide for a one-year extension of other transaction
authority.
S. Con Res. 101. Concurrent resolution honoring the
University of Nebraska at Omaha for its 100 years of
commitment to higher education.
____________________
ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE
The SPEAKER pro tempore. The Chair will entertain up to 15 requests
for 1-minute speeches on each side of the aisle.
____________________
CELEBRATING 40TH ANNIVERSARY OF THE NORTH CASCADES NATIONAL PARK
(Mr. LARSEN of Washington asked and was given permission to address
the House for 1 minute.)
Mr. LARSEN of Washington. Mr. Speaker, I rise to celebrate the 40th
anniversary of the North Cascades National Park.
On October 2, 1968, President Johnson signed the North Cascades Act
and 680,000 acres of peaks, glaciers, old growth forest and salmon-
bearing streams were protected. North Cascades National Park became a
reality thanks to the tireless efforts of local activists and
bipartisan support from elected officials, including former Senator
Henry Scoop Jackson, Representative Lloyd Meeds and Governor Daniel
Evans.
The North Cascades are home to numerous species, including the Bald
Eagle, Spotted Owl and grizzly bear. The park is also home to world-
class recreation areas. Families can hunt, fish and boat in and around
scenic mountain lakes.
During the last four decades, millions of Americans have experienced
the beauty of the North Cascades. I want to thank all of the men and
women who have worked so hard to create the North Cascades National
Park, and I invite all Americans to come visit this national treasure.
____________________
FINANCIAL GUN TO THE HEAD OF AMERICA
(Mr. POE asked and was given permission to address the House for 1
minute.)
Mr. POE. Mr. Speaker, because Wall Street has made bad judgment
calls, the American taxpayer has been forced to bail them out at $700
billion. Seven hundred billion, what does that mean? That means every
man, woman, child and illegal in the United States will have to fork
over $2,000 apiece to bail out the money grabber barons on Wall Street.
And that's just wrong.
Why is it, Mr. Speaker, the bigger the business, the more the Federal
Government thinks it should swoop in and save these incompetent
business people? Small businesses, mom and pop stores, don't get this
break. When they make bad financial decisions, they go out of business.
But the rich and famous Wall Street New York City fat cats expect ``Joe
Six-Pack'' to buck it up and pay for all this nonsense.
Reward people for being irresponsible and expect responsible people
to pay
[[Page 20802]]
for the sins of the financial industry? I don't think so.
Putting a financial gun to the head of America is not the answer. The
government has no authority to force Americans to ante up a $700
billion ransom to save the hides of the rich robber barons on Wall
Street.
And that's just the way it is.
____________________
STATEMENT ON HURRICANE IKE
(Mr. GENE GREEN of Texas asked and was given permission to address
the House for 1 minute and to revise and extend his remarks.)
Mr. GENE GREEN of Texas. Mr. Speaker and Members, I want to use my 1
minute today to talk about the disaster from Hurricane Ike in the
district I represent.
These two pictures behind me are two separate homes that were hit by
the wave action, the storm surge. You can see, this house is totally
destroyed, and in this home, literally the waves went right through the
home, knocked down the brick and everything else.
That is not counting the thousands of homes and businesses and even
industry that the power is out. Certain zip codes are more than 50
percent out of power, and when you have a Houston September, which is
really summertime, I have folks living outside their homes literally
for the last 10 days.
Mr. Speaker, the supplemental today for the CR is something that is
so important to my area and all of Southeast Texas. I want to thank
both the Speaker and Chairman Obey and my colleagues for helping work
on funding for that for the initial disaster assistance, $22 billion
for disaster relief activities, including $6.5 billion for CDBG funding
and $8 billion for FEMA assistance, which is just the down payment.
You have the fourth largest city in the country. Southeast Texas is
devastated. To get that community back up, we need the assistance. Just
like we helped California with the fires and the earthquakes, the
floods in the Midwest and everywhere else, our community needs that
help too, and I want to thank the leadership for doing it.
These two homes are in Baytown, Texas, in East Harris County, that I
share with Congressman Ted Poe. This is actually in our district that I
saw Monday morning with the mayor, Steve DonCarlos, and a city council
member.
You can see what just the storm surge did. Just think about what
hurricane force winds did to people's homes. We are a Pine trees area,
so we have a lot of those trees that have fallen on houses and
powerlines.
____________________
NO BUFFETT DEAL FOR TAXPAYERS
(Mr. STEARNS asked and was given permission to address the House for
1 minute and to revise and extend his remarks.)
Mr. STEARNS. Mr. Speaker, there is a double standard that is
occurring in the wake of the largest government bailout in history.
Warren Buffett yesterday announced he will invest $5 billion in Goldman
Sachs, the investment bank at which the Secretary of Treasury Paulson
used to be the CEO. The struggling investment bank is attempting to
raise capital and has wooed Buffett into his plan by offering his
company preferred shares in return's for Buffett's bailout investment.
And herein lies the double standard. The Treasury Secretary, who
happens to have close ties with Goldman Sachs, wants authority to use
taxpayer dollars to bail out private financial companies, including his
own firm, while taxpayers will get nothing at all in return but bad
debt.
If taxpayers are going to get stuck bailing out bad debt, shouldn't
they get some kind of Buffett deal as well? Clearly this government
bailout is fraught with nothing but double standards and conflicts of
interest.
____________________
TAKE TIME TO DEVELOP RESPONSIBLE WALL STREET ASSISTANCE PLAN
(Mr. MORAN of Virginia asked and was given permission to address the
House for 1 minute and to revise and extend his remarks.)
Mr. MORAN of Virginia. Mr. Speaker, greed is the accelerator that
drives a capitalist economy. But unless you are willing to tap on the
regulatory brakes once in awhile, you are going to crash. We learned
that 75 years ago, and now we are learning it again. But now the
average American household is being asked to cough up about $5,000 to
bail out Wall Street. That is not fair. Nor will the plan that we are
being given prove to be effective.
What we need to do is to deal with the underlying mortgages, to
restructure those mortgages, rather than force the taxpayer to be
buying securities that they wouldn't buy in their own good judgment.
The taxpayer cannot be held holding the bag.
What we need to do is stay in session until we can get it right,
until we can prove to our constituents that what we have done is
responsible and fair. We cannot vote this week on a $700 billion
package, when we really don't know what is responsible and fair.
____________________
ENERGY BILL AND OUR ECONOMY
(Mr. SMITH of Nebraska asked and was given permission to address the
House for 1 minute and to revise and extend his remarks.)
Mr. SMITH of Nebraska. Mr. Speaker, one needs to look no further than
the headlines in our Nation's newspapers to see the consequences of
doing nothing with regard to the energy crisis facing our Nation.
We have stood idly by while skyrocketing fuel and energy prices
undercut consumer confidence and are partially responsible for our
current economic straits. But instead of passing a comprehensive energy
bill in which all forms of energy were on the table, last week we took
up legislation which will not only prove ineffective, but I believe
counterproductive.
It was a bill written behind closed doors, with no input from
Republicans, and even many Democrats wishing to participate. It
bypassed the Natural Resources Committee and was brought to the floor
under a closed rule, freezing out members of both parties, all after a
promise of the most open Congress in history.
Mr. Speaker, let's not make the same mistake this week. We still have
time. Bring the American Energy Act to the floor for a vote before we
adjourn, and we can help address the crisis facing our Nation.
____________________
TAXPAYERS SHOULD NOT BAIL OUT THE BARONS OF WALL STREET
(Mr. DeFAZIO asked and was given permission to address the House for
1 minute.)
Mr. DeFAZIO. Mr. Speaker, the American taxpayers should not be asked
to bail out the barons of Wall Street, Henry Paulson's best friends.
Plain and simple, Wall Street should pay for itself. There is ample
precedent. This country assessed a securities transfer fee in the Civil
War, Spanish-American War, and from 1914 until 1966. A modest fee, one-
quarter of one percent, the same fee assessed on the London Exchange,
would raise $150 billion a year from stock trades and commodity trades
on Wall Street, which could more than pay for the bailout. That is,
Wall Street can pay for its own excess and can pay to bail itself out.
Main Street should not get stuck with the bill for the huge party
that was thrown on Wall Street.
____________________
TIME MAGAZINE SHOWS BIAS
(Mr. SMITH of Texas asked and was given permission to address the
House for 1 minute and to revise and extend his remarks.)
Mr. SMITH of Texas. Mr. Speaker, in a shocking turn of events,
Senator Obama is not the focus of Time magazine's cover story this
week. Since the beginning of the Presidential campaign, Senator Obama
has been featured on the cover of Time eight times, compared to only
three times for Senator McCain.
This week's magazine cover has a small photo of Senator Obama with
the caption that reads ``Anger Management: Why Obama is Keeping Cool.''
[[Page 20803]]
Also in this week's Time is a story titled ``The Lying Game,'' which
accuses Senator McCain of negative campaign ads. Of course, the
nonpartisan Wisconsin Advertising Project found that 77 percent of
Senator Obama's recent ads have been negative, far more than Senator
McCain's. But Time magazine omitted that crucial fact.
Time's cover stories and inside articles explain why Americans by a
5-1 margin believe the media are trying to help Senator Obama win the
presidency. Clearly voters recognize biased reporting, and I hope will
not be persuaded to support the media's favorite candidate.
____________________
REPUBLICAN ECONOMIC PHILOSOPHY PRODUCED OUR NATION'S ECONOMIC CRISIS
(Mr. HARE asked and was given permission to address the House for 1
minute and to revise and extend his remarks.)
Mr. HARE. Mr. Speaker, the Bush administration is asking this
Congress to approve a $700 billion blank check for Wall Street in the
hopes that they can begin to fix the economic crisis that this
administration helped create.
For 8 years now, President Bush, Senator McCain and this Republican
Congress implemented the GOP philosophy of economics: First, shower the
wealthy with the tax breaks in hopes that it trickles down to the
middle- class; and second, eliminate all regulations so there are no
longer any referees watching the barons of Wall Street.
Both these policies have failed miserably. Tax cuts for the wealthy
are not trickling down to the middle class. In fact, over the last 8
years, real wages have fallen by $300 and the Republicans' lack of
government regulation allowed Wall Street to game the system. Today,
our entire economy is suffering because Washington Republicans refused
to institute the proper oversight that is necessary to keep Wall Street
in check.
Mr. Speaker, if the Bush administration wants to bail out Wall
Street, it is important that this Congress look out for Main Street and
get some assurances that this will never happen again.
____________________
{time} 1015
MOVE FORWARD ON THE ECONOMIC AND ENERGY CRISES
(Mr. GOODLATTE asked and was given permission to address the House
for 1 minute and to revise and extend his remarks.)
Mr. GOODLATTE. Mr. Speaker, last night the Democratic leadership
announced under considerable pressure that the continuing resolution to
keep our government operating will not include an extension of the
moratorium on drilling on the Outer Continental Shelf, the moratorium
on drilling in Alaska, the moratorium on extracting oil from the oil
shale in the Rocky Mountain States. That's good news. That's a step in
the right direction, but it's only the first step.
The American people at this time, as the Congress addresses concerns
about the financial crisis facing the country, need to know that the
Congress is also going to stop the hemorrhage of money out of this
country, at the rate of $700 billion a year, buying foreign oil. We
need to have the American Energy Act that the Republican leadership and
the vast majority of Republican Members have offered, the all-of-the-
above energy act, energy that will increase drilling on our Outer
Continental Shelf in Alaska and in the Rocky Mountain States, increase
natural gas production, clean-burning coal, nuclear power, and
alternative forms of energy like solar, wind, hydrogen, geothermal, and
biomass.
We need all of the above, and we need it now before we go home.
____________________
JERSEY CITY FIRE DEPARTMENT
(Mr. SIRES asked and was given permission to address the House for 1
minute.)
Mr. SIRES. Mr. Speaker, I rise today to honor the Jersey City Fire
Department. On September 19, the department received a 2008 Secretary
of Defense Employer Support Freedom Award, right here in Washington,
D.C., for supporting our Guard and Reserve.
For deployments of 12 months, the fire department continues all
benefits for servicemembers and their families, as well as full pay for
deployments of up to 6 months. They have also shown a tremendous
personal generosity by collecting $6,000 in phone cards to send to
their coworkers and units serving in Iraq and Afghanistan. They also
collect gifts during the holidays for the children of servicemembers
and help families that are falling on tough times during the
deployment.
I am so proud of the Jersey City Fire Department's dedication to
their coworkers, our community, our Guard and Reserve, and our country.
They are very deserving of this high honor.
____________________
OUR FINANCIAL MARKETS ARE IN TURMOIL
(Mr. PENCE asked and was given permission to address the House for 1
minute and to revise and extend his remarks.)
Mr. PENCE. Mr. Speaker, our financial markets are in turmoil. The
administration was right to call for decisive action to prevent further
harm to our economy, but nationalizing every bad mortgage in America is
not the answer.
This administration's request of this Congress amounts to the largest
corporate bailout in American history. I believe Congress should act,
but we should act in a way that protects the integrity of our free
market and protects the American taxpayer from more debt and higher
taxes.
The strength of America resides in our faith in God and our faith in
freedom, including our economic freedom. To have the freedom to
succeed, we must also have the freedom to fail, and any solution to the
present crisis must preserve that essential economic liberty.
The next Congress should also consider all available options to put
our Nation's economy back on its feet. There are no easy answers, but
there are alternatives that this Congress can consider. Indexing
capital gains to inflation, passing a real energy bill, even regulating
the credit default market, as the chief of the SEC requested yesterday,
these and other alternatives to a massive Federal bailout must be fully
considered and debated before Congress acts.
We must address this crisis with forethought and creativity rather
than massive Federal resources.
____________________
WE NEED COMPREHENSIVE IMMIGRATION REFORM
(Mr. BACA asked and was given permission to address the House for 1
minute.)
Mr. BACA. Mr. Speaker, I speak on behalf of the 12 to 14 million
immigrants who otherwise would not have a voice.
America was founded by the sweat and tears of immigrants and
hardworking families. The strong work ethic of immigrants has always
been the cornerstone of this country. Today there are many immigrant
families that continue to live by and reinforce America's tradition of
hard work.
These immigrant families day after day sacrifice to make ends meet.
At a time of skyrocketing gas and food prices, we must recognize these
sacrifices.
These are the same sacrifices made by many other families in America.
History is full of examples of how immigrant groups unjustly were seen
as popular targets. Why are we repeating these same cruel mistakes?
What about love thy neighbor?
We cannot let anti-immigration rhetoric rule our actions. I urge my
colleagues to join me in comprehensive immigration reform for the
immigrant families who love America and continue to sacrifice.
____________________
IF THIS TRULY IS A FINANCIAL CRISIS, PRESIDENT BUSH NEEDS TO ADDRESS
THE NATION
(Mr. YARMUTH asked and was given permission to address the House for
1 minute.)
[[Page 20804]]
Mr. YARMUTH. Mr. Speaker, where is President Bush? Last Friday he
held a short press conference demanding Congress pass a bailout plan
that was still being written, otherwise the economic fallout would be
dire.
But the President has not been heard from since. If this really is a
catastrophic economic collapse, shouldn't the President address the
American people and the Congress in a prime-time nationally televised
speech?
The President needs to explain to the people exactly what is
happening in the financial markets and how this plan will help turn
things around. This is extremely complicated. With potentially a $700
billion price tag, every American has a stake in what happens with this
legislation.
If this truly is a crisis on Wall Street, President Bush needs to
begin treating it that way. He can't sit on the sidelines any longer.
If President Bush is serious about getting this legislation passed, he
needs to sell this plan to the American people.
If the future of our Nation's economy is, indeed, at stake, President
Bush needs to raise the stakes and explain his plan to the American
people.
____________________
NO BLANK CHECK
(Ms. SHEA-PORTER asked and was given permission to address the House
for 1 minute.)
Ms. SHEA-PORTER. Mr. Speaker, as Wall Street was struggling last
week, the Bush administration reached out to Congress and asked for
help. But over the weekend, the Treasury Department sent just a 3-page
bill to Capitol Hill that was nothing more than a blank check for
Secretary Paulson, $700 billion that the Secretary could use at his
discretion.
That is simply not acceptable. We are not going to hand over a $700
billion check so the administration can do what they wish.
Over the next couple of days, we will work in a bipartisan fashion to
develop legislation that includes independent oversight so that we can
see exactly what the Treasury Department is doing with this money. We
also want to ensure that CEOs are not rewarded with golden parachutes
for the mess that they created.
A blank check is not acceptable. Congress will work to protect the
American taxpayer.
____________________
McCAIN DEREGULATION AGENDA WOULD BE DISASTROUS FOR MIDDLE CLASS
AMERICANS
(Mr. PALLONE asked and was given permission to address the House for
1 minute.)
Mr. PALLONE. Mr. Speaker, the crisis on Wall Street is a direct
result of the Bush administration's refusal to properly regulate the
financial industry. Unfortunately, Senator McCain is a strong supporter
of deregulation.
In March, Senator McCain said, ``I am always for less regulation . .
. I'd like to see a lot of the unnecessary government regulations
eliminated.'' In May he told the Wall Street Journal, ``You are
interviewing the greatest free trader you will ever interview, and the
greatest deregulator you will ever interview.''
Senator McCain even endorses extending the same kind of regulation
that has created chaos in the financial industry to our health care
system. In an opinion piece this month, the Senator writes, ``Opening
up the health insurance market to more vigorous nationwide competition,
as we have done over the last decade in banking, would provide more
choices of innovative products less burdened by the worst excesses of
State-based regulation.''
Mr. Speaker, our Nation can't afford another 4 years of Wall Street
running amok. It's time for change, and that is not Senator McCain.
____________________
ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, the Chair
will postpone further proceedings today on the additional motion to
suspend the rules on which a recorded vote or the yeas and nays are
ordered, or on which the vote is objected to under clause 6 of rule XX.
Any record vote on the postponed question will be taken later.
____________________
DUNCAN HUNTER NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2009
Mr. SKELTON. Mr. Speaker, I move to suspend the rules and pass the
Senate bill (S. 3001) to authorize appropriations for fiscal year 2009
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes, as amended.
The Clerk read the title of the Senate bill.
The text of the Senate bill is as follows:
S. 3001
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDINGS; SENSE OF CONGRESS.
(a) Short Title.--This Act may be cited as the ``Duncan
Hunter National Defense Authorization Act for Fiscal Year
2009''.
(b) Findings.--Congress makes the following findings:
(1) Representative Duncan Hunter was elected to serve
northern and eastern San Diego in 1980 and served in the
House of Representatives until the end of the 110th Congress
in 2009, representing the people of California's 52d
Congressional district.
(2) Previous to his service in Congress, Representative
Hunter served in the Army's 173rd Airborne and 75th Ranger
Regiment from 1969 to 1971.
(3) During the Vietnam conflict, Representative Hunter's
distinguished service was recognized by the award of the
Bronze Star and Air Medal, as well as the National Defense
Service Medal and the Vietnam Service Medal.
(4) Representative Hunter served on the Committee on Armed
Services of the House of Representatives for 28 years,
including service as Chairman of the Subcommittee on Military
Research and Development from 2001 through 2002 and the
Subcommittee on Military Procurement from 1995 through 2000,
the Chairman of the full committee from 2003 through 2006,
and the ranking member of the full committee from 2007
through 2008.
(5) Representative Hunter has persistently advocated for a
more efficient military organization on behalf of the
American people, to ensure maximum war-fighting capability
and troop safety.
(6) Representative Hunter is known by his colleagues to put
the security of the Nation above all else and to provide for
the men and women in uniform who valiantly dedicate and
sacrifice themselves for the protection of the Nation.
(7) Representative Hunter has demonstrated this devotion to
the troops by working to authorize and ensure quick
deployment of add-on vehicle armor and improvised explosive
device jammers, which have been invaluable in protecting the
troops from attack in Iraq.
(8) Representative Hunter worked to increase the size of
the U.S. Armed Forces, which resulted in significant
increases in the size of the Army and Marine Corps.
(9) Representative Hunter has been a leader in ensuring
sufficient force structure and end-strength, including
through the 2006 Committee Defense Review, to meet any
challenges to the Nation. His efforts to increase the size of
the Army and Marine Corps contributed to the enactment by the
Congress and the subsequent implementation by the
Administration of the larger forces.
(10) Representative Hunter is a leading advocate for
securing America's borders.
(11) Representative Hunter led efforts to strengthen the
United States Industrial Base by working to enact legislation
that ensures that the national industrial base will be able
to design and manufacture those products critical to
America's national security.
(c) Sense of Congress.--It is the sense of Congress that
the Honorable Duncan Hunter, Representative from California,
has discharged his official duties with integrity and
distinction, has served the House of Representatives and the
American people selflessly, and deserves the sincere and
humble gratitude of Congress and the Nation.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) Divisions.--This Act is organized into three divisions
as follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; findings; sense of Congress.
[[Page 20805]]
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
Sec. 4. Explanatory statement.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. National Guard and Reserve equipment.
Subtitle B--Army Programs
Sec. 111. Separate procurement line items for Future Combat Systems
program.
Sec. 112. Clarification of status of Future Combat Systems program lead
system integrator.
Sec. 113. Restriction on obligation of funds for Army tactical radio
pending report.
Sec. 114. Restriction on obligation of procurement funds for Armed
Reconnaissance Helicopter program pending certification.
Sec. 115. Stryker Mobile Gun System.
Subtitle C--Navy Programs
Sec. 121. Refueling and complex overhaul of the U.S.S. Theodore
Roosevelt.
Sec. 122. Littoral Combat Ship (LCS) program.
Sec. 123. Report on F/A-18 procurement costs, comparing multiyear to
annual.
Sec. 124. Authority for advanced procurement and construction of
components for the Virginia-class submarine program.
Subtitle D--Air Force Programs
Sec. 131. Maintenance of retired KC-135E aircraft.
Sec. 132. Repeal of multi-year contract authority for procurement of
tanker aircraft.
Sec. 133. Reports on KC-(X) tanker aircraft requirements.
Sec. 134. F-22A fighter aircraft.
Subtitle E--Joint and Multiservice Matters
Sec. 141. Annual long-term plan for the procurement of aircraft for the
Navy and the Air Force.
Sec. 142. Report on body armor acquisition strategy.
Sec. 143. Small arms acquisition strategy and requirements review.
Sec. 144. Requirement for common ground stations and payloads for
manned and unmanned aerial vehicle systems.
Sec. 145. Report on future jet carrier trainer requirements of the
Navy.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for defense science and technology.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Additional determinations to be made as part of Future Combat
Systems milestone review.
Sec. 212. Analysis of Future Combat Systems communications network and
software.
Sec. 213. Future Combat Systems manned ground vehicle Selected
Acquisition Reports.
Sec. 214. Separate procurement and research, development, test, and
evaluation line items and program elements for Sky
Warrior Unmanned Aerial Systems project.
Sec. 215. Restriction on obligation of funds for the Warfighter
Information Network-Tactical program.
Sec. 216. Limitation on source of funds for certain Joint Cargo
Aircraft expenditures.
Sec. 217. Requirement for plan on overhead nonimaging infrared systems.
Sec. 218. Advanced energy storage technology and manufacturing.
Sec. 219. Mechanisms to provide funds for defense laboratories for
research and development of technologies for military
missions.
Sec. 220. Requirements for certain airborne intelligence collection
systems.
Sec. 221. Limitation on obligation of funds for Enhanced AN/TPQ-36
radar system pending submission of report.
Subtitle C--Missile Defense Programs
Sec. 231. Annual Director of Operational Test and Evaluation
characterization of operational effectiveness,
suitability, and survivability of the ballistic missile
defense system.
Sec. 232. Independent study of boost-phase missile defense.
Sec. 233. Limitation on availability of funds for procurement,
construction, and deployment of missile defenses in
Europe.
Sec. 234. Review of the ballistic missile defense policy and strategy
of the United States.
Sec. 235. Airborne Laser System.
Sec. 236. Activation and deployment of AN/TPY-2 forward-based X-band
radar.
Subtitle D--Reports
Sec. 241. Biennial reports on joint and service concept development and
experimentation.
Sec. 242. Report on participation of the historically black colleges
and universities and minority-serving institutions in
research and educational programs and activities of the
Department of Defense.
Sec. 243. Report on Department of Defense response to findings and
recommendations of the Defense Science Board Task Force
on Directed Energy Weapons.
Subtitle E--Other Matters
Sec. 251. Modification of systems subject to survivability testing
oversight by the Director of Operational Test and
evaluation.
Sec. 252. Technology-neutral information technology guidelines and
standards to support fully interoperable electronic
personal health information for the Department of Defense
and Department of Veterans Affairs.
Sec. 253. Assessment of technology transition programs and repeal of
reporting requirement.
Sec. 254. Trusted defense systems.
Sec. 255. Capabilities-based assessment to outline a joint approach for
future development of vertical lift aircraft and
rotorcraft.
Sec. 256. Executive agent for printed circuit board technology.
Sec. 257. Review of conventional prompt global strike technology
applications and concepts.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Subtitle B--Environmental Provisions
Sec. 311. Authorization for Department of Defense participation in
conservation banking programs.
Sec. 312. Reimbursement of Environmental Protection Agency for certain
costs in connection with Moses Lake Wellfield Superfund
Site, Moses Lake, Washington.
Sec. 313. Expand cooperative agreement authority for management of
natural resources to include off-installation mitigation.
Sec. 314. Expedited use of appropriate technology related to unexploded
ordnance detection.
Sec. 315. Closed loop re-refining of used motor vehicle lubricating
oil.
Sec. 316. Comprehensive program for the eradication of the brown tree
snake population from military facilities in Guam.
Subtitle C--Workplace and Depot Issues
Sec. 321. Comprehensive analysis and development of single Government-
wide definition of inherently governmental function and
criteria for critical functions.
Sec. 322. Study on future depot capability.
Sec. 323. Government Accountability Office review of high-performing
organizations.
Sec. 324. Consolidation of Air Force and Air National Guard aircraft
maintenance.
Sec. 325. Report on Air Force civilian personnel consolidation plan.
Sec. 326. Report on reduction in number of firefighters on Air Force
bases.
Sec. 327. Minimum capital investment for certain depots.
Subtitle D--Energy Security
Sec. 331. Annual report on operational energy management and
implementation of operational energy strategy.
Sec. 332. Consideration of fuel logistics support requirements in
planning, requirements development, and acquisition
processes.
Sec. 333. Study on solar and wind energy for use for expeditionary
forces.
Sec. 334. Study on alternative and synthetic fuels.
Sec. 335. Mitigation of power outage risks for Department of Defense
facilities and activities.
Subtitle E--Reports
Sec. 341. Comptroller General report on readiness of Armed Forces.
Sec. 342. Report on plan to enhance combat skills of Navy and Air Force
personnel.
Sec. 343. Comptroller General report on the use of the Army Reserve and
National Guard as an operational reserve.
Sec. 344. Comptroller General report on link between preparation and
use of Army reserve component forces to support ongoing
operations.
[[Page 20806]]
Sec. 345. Comptroller General report on adequacy of funding, staffing,
and organization of Department of Defense Military
Munitions Response Program.
Subtitle F--Other Matters
Sec. 351. Extension of Enterprise Transition Plan reporting
requirement.
Sec. 352. Demilitarization of loaned, given, or exchanged documents,
historical artifacts, and condemned or obsolete combat
materiel.
Sec. 353. Repeal of requirement that Secretary of Air Force provide
training and support to other military departments for A-
10 aircraft.
Sec. 354. Display of annual budget requirements for Air Sovereignty
Alert Mission.
Sec. 355. Revision of certain Air Force regulations required.
Sec. 356. Transfer of C-12 aircraft to California Department of
Forestry and Fire Protection.
Sec. 357. Limitation on treatment of retired B-52 aircraft for Air
Combat Command headquarters.
Sec. 358. Increase of domestic breeding of military working dogs used
by the Department of Defense.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum
levels.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2009 limitation on number of non-dual status
technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on
active duty for operational support.
Sec. 416. Additional waiver authority of limitation on number of
reserve component members authorized to be on active
duty.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy Generally
Sec. 501. Mandatory separation requirements for regular warrant
officers for length of service.
Sec. 502. Requirements for issuance of posthumous commissions and
warrants.
Sec. 503. Authorized number of general officers on active duty in the
Army and Marine Corps, limited exclusion for joint duty
requirements, and increase in number of officers serving
in grades above major general and rear admiral.
Sec. 504. Modification of authority on Staff Judge Advocate to the
Commandant of the Marine Corps.
Sec. 505. Eligibility of reserve officers to serve on boards of inquiry
for separation of regular officers for substandard
performance and other reasons.
Sec. 506. Delayed authority to alter distribution requirements for
commissioned officers on active duty in general officer
and flag officer grades and limitations on authorized
strengths of general and flag officers on active duty.
Subtitle B--Reserve Component Management
Sec. 511. Extension to other reserve components of Army authority for
deferral of mandatory separation of military technicians
(dual status) until age 60.
Sec. 512. Modification of authorized strengths for certain Army
National Guard, Marine Corps Reserve, and Air National
Guard officers and Army National Guard enlisted personnel
serving on full-time reserve component duty.
Sec. 513. Clarification of authority to consider for a vacancy
promotion National Guard officers ordered to active duty
in support of a contingency operation.
Sec. 514. Increase in mandatory retirement age for certain Reserve
officers.
Sec. 515. Age limit for retention of certain Reserve officers on
active-status list as exception to removal for years of
commissioned service.
Sec. 516. Authority to retain Reserve chaplains and officers in medical
and related specialties until age 68.
Sec. 517. Modification of authorities on dual duty status of National
Guard officers.
Sec. 518. Study and report regarding Marine Corps personnel policies
regarding assignments in Individual Ready Reserve.
Sec. 519. Report on collection of information on civilian skills of
members of the reserve components of the Armed Forces.
Subtitle C--Joint Qualified Officers and Requirements
Sec. 521. Joint duty requirements for promotion to general or flag
officer.
Sec. 522. Technical, conforming, and clerical changes to joint
specialty terminology.
Sec. 523. Promotion policy objectives for joint qualified officers.
Sec. 524. Length of joint duty assignments.
Sec. 525. Designation of general and flag officer positions on Joint
Staff as positions to be held only by reserve component
officers.
Sec. 526. Modification of limitations on authorized strengths of
reserve general and flag officers in active status
serving in joint duty assignments.
Sec. 527. Reports on joint education courses available through the
Department of Defense.
Subtitle D--General Service Authorities
Sec. 531. Increase in maximum period of reenlistment of regular members
of the Armed Forces.
Sec. 532. Paternity leave for members of the Armed Forces.
Sec. 533. Pilot programs on career flexibility to enhance retention of
members of the Armed Forces.
Subtitle E--Education and Training
Sec. 540. Authorized strength of military service academies and repeal
of prohibition on phased increase in midshipmen and cadet
strength limit at Naval Academy and Air Force Academy.
Sec. 541. Promotion of foreign and cultural exchange activities at
military service academies.
Sec. 542. Increased authority to enroll defense industry employees in
defense product development program.
Sec. 543. Expanded authority for institutions of professional military
education to award degrees.
Sec. 544. Tuition for attendance of Federal employees at the United
States Air Force Institute of Technology.
Sec. 545. Increase in number of permanent professors at the United
States Air Force Academy.
Sec. 546. Requirement of completion of service under honorable
conditions for purposes of entitlement to educational
assistance for reserve component members supporting
contingency operations.
Sec. 547. Consistent education loan repayment authority for health
professionals in regular components and Selected Reserve.
Sec. 548. Increase in number of units of Junior Reserve Officers'
Training Corps.
Sec. 549. Correction of erroneous Army College Fund benefit amounts.
Sec. 550. Enhancing education partnerships to improve accessibility and
flexibility for members of the Armed Forces.
Subtitle F--Defense Dependents' Education
Sec. 551. Continuation of authority to assist local educational
agencies that benefit dependents of members of the Armed
Forces and Department of Defense civilian employees.
Sec. 552. Impact aid for children with severe disabilities.
Sec. 553. Transition of military dependent students among local
educational agencies.
Sec. 554. Calculation of payments for eligible federally connected
children under Department of Education's Impact Aid
program.
Subtitle G--Military Justice
Sec. 561. Effective period of military protective orders.
Sec. 562. Mandatory notification of issuance of military protective
order to civilian law enforcement.
Sec. 563. Implementation of information database on sexual assault
incidents in the Armed Forces.
Subtitle H--Decorations, Awards, and Honorary Promotions
Sec. 571. Replacement of military decorations.
Sec. 572. Authorization and request for award of Medal of Honor to
Richard L. Etchberger for acts of valor during the
Vietnam War.
Subtitle I--Military Families
Sec. 581. Presentation of burial flag to the surviving spouse and
children of deceased members of the Armed Forces.
[[Page 20807]]
Sec. 582. Education and training opportunities for military spouses.
Sec. 583. Sense of Congress regarding honor guard details for funerals
of veterans.
Subtitle J--Other Matters
Sec. 591. Prohibition on interference in independent legal advice by
the Legal Counsel to the Chairman of the Joint Chiefs of
Staff.
Sec. 592. Interest payments on certain claims arising from correction
of military records.
Sec. 593. Extension of limitation on reductions of personnel of
agencies responsible for review and correction of
military records.
Sec. 594. Modification of matching fund requirements under National
Guard Youth Challenge Program.
Sec. 595. Military salute for the flag during the national anthem by
members of the Armed Forces not in uniform and by
veterans.
Sec. 596. Military Leadership Diversity Commission.
Sec. 597. Demonstration project on service of retired nurse corps
officers as faculty at civilian nursing schools.
Sec. 598. Report on planning for participation and hosting of the
Department of Defense in international sports activities,
competitions, and events.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Fiscal year 2009 increase in military basic pay.
Sec. 602. Permanent extension of prohibition on charges for meals
received at military treatment facilities by members
receiving continuous care.
Sec. 603. Increase in maximum authorized payment or reimbursement
amount for temporary lodging expenses.
Sec. 604. Availability of second family separation allowance for
married couples with dependents.
Sec. 605. Extension of authority for income replacement payments for
reserve component members experiencing extended and
frequent mobilization for active duty service.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. Extension of certain bonus and special pay authorities for
Reserve forces.
Sec. 612. Extension of certain bonus and special pay authorities for
health care professionals.
Sec. 613. Extension of special pay and bonus authorities for nuclear
officers.
Sec. 614. Extension of authorities relating to payment of other title
37 bonuses and special pays.
Sec. 615. Extension of authorities relating to payment of referral
bonuses.
Sec. 616. Increase in maximum bonus and stipend amounts authorized
under Nurse Officer Candidate Accession Program and
health professions stipend program.
Sec. 617. Maximum length of nuclear officer incentive pay agreements
for service.
Sec. 618. Technical changes regarding consolidation of special pay,
incentive pay, and bonus authorities of the uniformed
services.
Sec. 619. Use of new skill incentive pay and proficiency bonus
authorities to encourage training in critical foreign
languages and foreign cultural studies and authorization
of incentive pay for members of precommissioning programs
pursuing foreign language proficiency.
Sec. 620. Accession and retention bonuses for the recruitment and
retention of officers in certain health professions.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Special weight allowance for transportation of professional
books and equipment for spouses.
Sec. 622. Shipment of family pets during evacuation of personnel.
Subtitle D--Retired Pay and Survivor Benefits
Sec. 631. Extension to survivors of certain members who die on active
duty of special survivor indemnity allowance for persons
affected by required Survivor Benefit Plan annuity offset
for dependency and indemnity compensation.
Sec. 632. Correction of unintended reduction in survivor benefit plan
annuities due to phased elimination of two-tier annuity
computation and supplemental annuity.
Subtitle E--Commissary and Nonappropriated Fund Instrumentality
Benefits and Operations
Sec. 641. Use of commissary stores surcharges derived from temporary
commissary initiatives for reserve component and retired
members.
Sec. 642. Enhanced enforcement of prohibition on sale or rental of
sexually explicit material on military installations.
Subtitle F--Other Matters
Sec. 651. Continuation of entitlement to bonuses and similar benefits
for members of the uniformed services who die, are
separated or retired for disability, or meet other
criteria.
TITLE VII--HEALTH CARE AND WOUNDED WARRIOR PROVISIONS
Subtitle A--Improvements to Health Benefits
Sec. 701. One-year extension of prohibition on increases in certain
health care costs for members of the uniformed services.
Sec. 702. Temporary prohibition on increase in copayments under retail
pharmacy system of pharmacy benefits program.
Sec. 703. Chiropractic health care for members on active duty.
Sec. 704. Calculation of monthly premiums for coverage under TRICARE
Reserve Select after 2008.
Sec. 705. Program for health care delivery at military installations
projected to grow.
Sec. 706. Guidelines for combined medical facilities of the Department
of Defense and the Department of Veterans Affairs.
Subtitle B--Preventive Care
Sec. 711. Waiver of copayments for preventive services for certain
TRICARE beneficiaries.
Sec. 712. Military health risk management demonstration project.
Sec. 713. Smoking cessation program under TRICARE.
Sec. 714. Preventive health allowance.
Sec. 715. Additional authority for studies and demonstration projects
relating to delivery of health and medical care.
Subtitle C--Wounded Warrior Matters
Sec. 721. Center of excellence in prevention, diagnosis, mitigation,
treatment, and rehabilitation of hearing loss and
auditory system injuries.
Sec. 722. Clarification to center of excellence relating to military
eye injuries.
Sec. 723. Center of Excellence in the Mitigation, Treatment, and
Rehabilitation of Traumatic Extremity Injuries and
Amputations.
Sec. 724. Additional responsibilities for the wounded warrior resource
center.
Sec. 725. Sense of Congress on research on traumatic brain injury.
Sec. 726. Extension of Senior Oversight Committee with respect to
wounded warrior matters.
Sec. 727. Modification of utilization of veterans' presumption of sound
condition in establishing eligibility of members of the
Armed Forces for retirement for disability.
Subtitle D--Other Matters
Sec. 731. Report on providing the Extended Care Health Option Program
to dependents of military retirees.
Sec. 732. Increase in cap on extended benefits under extended health
care option (ECHO).
Sec. 733. Department of Defense task force on the prevention of suicide
by members of the Armed Forces.
Sec. 734. Transitional health care for certain members of the Armed
Forces who agree to serve in the Selected Reserve of the
Ready Reserve.
Sec. 735. Enhancement of medical and dental readiness of members of the
Armed Forces.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Assessment of urgent operational needs fulfillment.
Sec. 802. Implementation of statutory requirements regarding the
national technology and industrial base.
Sec. 803. Commercial software reuse preference.
Sec. 804. Internal controls for procurements on behalf of the
Department of Defense by certain non-defense agencies.
Subtitle B--Provisions Relating to Major Defense Acquisition Programs
Sec. 811. Inclusion of major subprograms to major defense acquisition
programs under acquisition reporting requirements.
[[Page 20808]]
Sec. 812. Inclusion of certain major information technology investments
in acquisition oversight authorities for major automated
information system programs.
Sec. 813. Transfer of sections of title 10 relating to Milestone A and
Milestone B for clarity.
Sec. 814. Configuration steering boards for cost control under major
defense acquisition programs.
Sec. 815. Preservation of tooling for major defense acquisition
programs.
Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 821. Definition of system for Defense Acquisition Challenge
Program.
Sec. 822. Technical data rights.
Sec. 823. Revision to the application of Cost Accounting Standards.
Sec. 824. Modification and extension of pilot program for transition to
follow-on contracts under authority to carry out certain
prototype projects.
Sec. 825. Clarification of status of Government rights in the designs
of Department of Defense vessels, boats, craft, and
components thereof.
Subtitle D--Provisions Relating to Acquisition Workforce and Inherently
Governmental Functions
Sec. 831. Development of guidance on personal services contracts.
Sec. 832. Sense of Congress on performance by private security
contractors of certain functions in an area of combat
operations.
Sec. 833. Acquisition workforce expedited hiring authority.
Sec. 834. Career path and other requirements for military personnel in
the acquisition field.
Subtitle E--Department of Defense Contractor Matters
Sec. 841. Ethics safeguards related to contractor conflicts of
interest.
Sec. 842. Information for Department of Defense contractor employees on
their whistleblower rights.
Sec. 843. Requirement for Department of Defense to adopt an acquisition
strategy for Defense Base Act insurance.
Sec. 844. Report on use of off-shore subsidiaries by defense
contractors.
Sec. 845. Defense industrial security.
Subtitle F--Matters Relating to Iraq and Afghanistan
Sec. 851. Clarification and modification of authorities relating to the
Commission on Wartime Contracting in Iraq and
Afghanistan.
Sec. 852. Comprehensive audit of spare parts purchases and depot
overhaul and maintenance of equipment for operations in
Iraq and Afghanistan.
Sec. 853. Additional matters required to be reported by contractors
performing security functions in areas of combat
operations.
Sec. 854. Additional contractor requirements and responsibilities
relating to alleged crimes by or against contractor
personnel in Iraq and Afghanistan.
Sec. 855. Suspension of statutes of limitations when Congress
authorizes the use of military force.
Subtitle G--Governmentwide Acquisition Improvements
Sec. 861. Short title.
Sec. 862. Limitation on length of certain noncompetitive contracts.
Sec. 863. Requirements for purchase of property and services pursuant
to multiple award contracts.
Sec. 864. Regulations on the use of cost-reimbursement contracts.
Sec. 865. Preventing abuse of interagency contracts.
Sec. 866. Limitations on tiering of subcontractors.
Sec. 867. Linking of award and incentive fees to acquisition outcomes.
Sec. 868. Minimizing abuse of commercial services item authority.
Sec. 869. Acquisition workforce development strategic plan.
Sec. 870. Contingency Contracting Corps.
Sec. 871. Access of Government Accountability Office to contractor
employees.
Sec. 872. Database for Federal agency contract and grant officers and
suspension and debarment officials.
Sec. 873. Role of Interagency Committee on Debarment and Suspension.
Sec. 874. Improvements to the Federal procurement data system.
Subtitle H--Other Matters
Sec. 881. Expansion of authority to retain fees from licensing of
intellectual property.
Sec. 882. Report on market research.
Sec. 883. Report relating to munitions.
Sec. 884. Motor carrier fuel surcharges.
Sec. 885. Procurement by State and local governments of equipment for
homeland security and emergency response activities
through the Department of Defense.
Sec. 886. Review of impact of covered subsidies on acquisition of KC-45
aircraft.
Sec. 887. Report on the implementation of earned value management at
the Department of Defense.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
Sec. 901. Plan required for personnel management of special operations
forces.
Sec. 902. Director of Operational Energy Plans and Programs.
Sec. 903. Corrosion control and prevention executives for the military
departments.
Sec. 904. Participation of Deputy Chief Management Officer of the
Department of Defense on Defense Business System
Management Committee.
Sec. 905. Modification of status of Assistant to the Secretary of
Defense for Nuclear and Chemical and Biological Defense
Programs.
Sec. 906. Requirement for the Secretary of Defense to prepare a
strategic plan to enhance the role of the National Guard
and Reserves.
Sec. 907. General Counsel to the Inspector General of the Department of
Defense.
Sec. 908. Business transformation initiatives for the military
departments.
Subtitle B--Space Activities
Sec. 911. Extension of authority for pilot program for provision of
space surveillance network services to entities outside
United States Government.
Sec. 912. Investment and acquisition strategy for commercial satellite
capabilities.
Sec. 913. Space posture review.
Subtitle C--Chemical Demilitarization Program
Sec. 921. Responsibilities for Chemical Demilitarization Citizens'
Advisory Commissions in Colorado and Kentucky.
Sec. 922. Cost-benefit analysis of future treatment of hydrolysate at
Pueblo Chemical Depot, Colorado.
Subtitle D--Intelligence-Related Matters
Sec. 931. Technical changes following the redesignation of National
Imagery and Mapping Agency as National Geospatial-
Intelligence Agency.
Sec. 932. Technical amendments to title 10, United States Code, arising
from enactment of the Intelligence Reform and Terrorism
Prevention Act of 2004.
Sec. 933. Technical amendments relating to the Associate Director of
the CIA for Military Affairs.
Subtitle E--Other Matters
Sec. 941. Enhancement of authorities relating to Department of Defense
regional centers for security studies.
Sec. 942. Restriction on obligation of funds for United States Southern
Command development assistance activities.
Sec. 943. Authorization of non-conventional assisted recovery
capabilities.
Sec. 944. Report on homeland defense and civil support issues.
Sec. 945. Report on National Guard resource requirements.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. One-time shift of military retirement payments.
Sec. 1003. Management of purchase cards.
Sec. 1004. Codification of recurring authority on United States
contributions to the North Atlantic Treaty Organization
common-funded budgets.
Sec. 1005. Incorporation of funding decisions into law.
Subtitle B--Policy Relating to Vessels and Shipyards
Sec. 1011. Conveyance, Navy drydock, Aransas Pass, Texas.
Sec. 1012. Report on repair of naval vessel in foreign shipyards.
Sec. 1013. Report on plan for disposal of certain vessels stricken from
the Naval Vessel Register.
Sec. 1014. Reimbursement of expenses for certain Navy mess operations.
Sec. 1015. Policy relating to major combatant vessels of the strike
forces of the United States Navy.
Subtitle C--Counter-Drug Activities
Sec. 1021. Extension of reporting requirement regarding Department of
Defense expenditures to support foreign counter-drug
activities.
[[Page 20809]]
Sec. 1022. Extension of authority for joint task forces to provide
support to law enforcement agencies conducting counter-
terrorism activities.
Sec. 1023. Extension of authority to support unified counter-drug and
counterterrorism campaign in Colombia and continuation of
numerical limitation on assignment of United States
personnel.
Sec. 1024. Expansion and extension of authority to provide additional
support for counter-drug activities of certain foreign
governments.
Sec. 1025. Comprehensive Department of Defense strategy for counter-
narcotics efforts for United States Africa Command.
Sec. 1026. Comprehensive Department of Defense strategy for counter-
narcotics efforts in South and Central Asian regions.
Subtitle D--Miscellaneous Authorities and Limitations
Sec. 1031. Enhancement of the capacity of the United States Government
to conduct complex operations.
Sec. 1032. Crediting of admiralty claim receipts for damage to property
funded from a Department of Defense working capital fund.
Sec. 1033. Minimum annual purchase requirements for charter air
transportation services from carriers participating in
the Civil Reserve Air Fleet.
Sec. 1034. Semi-annual reports on status of Navy Next Generation
Enterprise Networks program.
Sec. 1035. Sense of Congress on nuclear weapons management.
Sec. 1036. Sense of Congress on joint Department of Defense-Federal
Aviation Administration executive committee on conflict
and dispute resolution.
Sec. 1037. Sense of Congress on sale of new outsize cargo, strategic
airlift aircraft for civilian use.
Subtitle E--Studies and Reports
Sec. 1041. Report on corrosion control and prevention.
Sec. 1042. Study on using Modular Airborne Fire Fighting Systems
(MAFFS) in a Federal response to wildfires.
Sec. 1043. Study on rotorcraft survivability.
Sec. 1044. Report on nuclear weapons.
Sec. 1045. Report on compliance by Department of Defense with Guam tax
and licensing laws.
Sec. 1046. Report on detention operations in Iraq.
Sec. 1047. Review of bandwidth capacity requirements of the Department
of Defense and the intelligence community.
Sec. 1048. Review of findings and recommendations applicable to the
Department of Defense regarding electromagnetic pulse
attack.
Subtitle F--Other Matters
Sec. 1051. Additional information under annual submissions of
information regarding information technology capital
assets.
Sec. 1052. Submission to Congress of revision to regulation on enemy
prisoners of war, retained personnel, civilian internees,
and other detainees.
Sec. 1053. Barnegat Inlet to Little Egg Inlet, New Jersey.
Sec. 1054. Standing advisory panel on improving coordination among the
Department of Defense, the Department of State, and the
United States Agency for International Development on
matters of national security.
Sec. 1055. Reports on strategic communication and public diplomacy
activities of the Federal Government.
Sec. 1056. Prohibitions relating to propaganda.
Sec. 1057. Sense of Congress on interrogation of detainees by
contractor personnel.
Sec. 1058. Sense of Congress with respect to videotaping or otherwise
electronically recording strategic intelligence
interrogations of persons in the custody of or under the
effective control of the Department of Defense.
Sec. 1059. Modification of deadlines for standards required for entry
to military installations in the United States.
Sec. 1060. Extension of certain dates for Congressional Commission on
the Strategic Posture of the United States.
Sec. 1061. Technical and clerical amendments.
Sec. 1062. Notification of Committees on Armed Services with respect
to certain nonproliferation and proliferation activities.
Sec. 1063. Assessment of security measures at consolidated center for
North American Aerospace Defense Command and United
States Northern Command.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Authority to waive annual limitation on premium pay and
aggregate limitation on pay for Federal civilian
employees working overseas.
Sec. 1102. Temporary discretionary authority to grant allowances,
benefits, and gratuities to personnel on official duty in
a combat zone.
Sec. 1103. Election of insurance coverage by Federal civilian employees
deployed in support of a contingency operation.
Sec. 1104. Extension of authority to make lump-sum severance payments.
Sec. 1105. Extension of voluntary reduction-in-force authority of
Department of Defense.
Sec. 1106. Enhancement of authorities relating to additional positions
under the national security personnel system.
Sec. 1107. Expedited hiring authority for health care professionals.
Sec. 1108. Direct hire authority at personnel demonstration
laboratories for certain candidates.
Sec. 1109. Status reports relating to laboratory personnel
demonstration projects.
Sec. 1110. Technical amendment relating to definition of professional
accounting position for purposes of certification and
credentialing standards.
Sec. 1111. Exceptions and adjustments to limitations on personnel and
reports on such exceptions and adjustments.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Extension of authority to build the capacity of the Pakistan
Frontier Corps.
Sec. 1202. Availability across fiscal years of funds for military-to-
military contacts and comparable activities.
Sec. 1203. Availability across fiscal years of funds to pay incremental
expenses for participation of developing countries in
combined exercises.
Sec. 1204. Extension of temporary authority to use acquisition and
cross-servicing agreements to lend military equipment for
personnel protection and survivability.
Sec. 1205. Authority for distribution to certain foreign personnel of
education and training materials and information
technology to enhance military interoperability with the
Armed Forces.
Sec. 1206. Modification and extension of authorities relating to
program to build the capacity of foreign military forces.
Sec. 1207. Extension of authority and increased funding for security
and stabilization assistance.
Sec. 1208. Extension and expansion of authority for support of special
operations to combat terrorism.
Sec. 1209. Increase in amount available for costs of education and
training of foreign military forces under Regional
Defense Combating Terrorism Fellowship Program.
Subtitle B--Matters Relating to Iraq and Afghanistan
Sec. 1211. Limitation on availability of funds for certain purposes
relating to Iraq.
Sec. 1212. Report on status of forces agreements between the United
States and Iraq.
Sec. 1213. Strategy for United States-led Provincial Reconstruction
Teams in Iraq.
Sec. 1214. Commanders' Emergency Response Program.
Sec. 1215. Performance monitoring system for United States-led
Provincial Reconstruction Teams in Afghanistan.
Sec. 1216. Report on command and control structure for military forces
operating in Afghanistan.
Sec. 1217. Reports on enhancing security and stability in the region
along the border of Afghanistan and Pakistan.
Sec. 1218. Study and report on Police Transition Teams to train,
assist, and advise units of the Iraqi Police Service.
Subtitle C--Other Matters
Sec. 1231. Payment of personnel expenses for multilateral cooperation
programs.
[[Page 20810]]
Sec. 1232. Participation of the Department of Defense in multinational
military centers of excellence.
Sec. 1233. Review of security risks of participation by defense
contractors in certain space activities of the People's
Republic of China.
Sec. 1234. Report on Iran's capability to produce nuclear weapons.
Sec. 1235. Employment for resettled Iraqis.
Sec. 1236. Extension and modification of updates on report on claims
relating to the bombing of the Labelle Discotheque.
Sec. 1237. Report on utilization of certain global partnership
authorities.
Sec. 1238. Modification and repeal of requirement to submit certain
annual reports to Congress regarding allied contributions
to the common defense.
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. National Defense Sealift Fund.
Sec. 1403. Defense Health Program.
Sec. 1404. Chemical agents and munitions destruction, defense.
Sec. 1405. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1406. Defense Inspector General.
Sec. 1407. National Defense Sealift Fund amendments.
Subtitle B--National Defense Stockpile
Sec. 1411. Authorized uses of National Defense Stockpile funds.
Sec. 1412. Revisions to previously authorized disposals from the
National Defense Stockpile.
Subtitle C--Armed Forces Retirement Home
Sec. 1421. Authorization of appropriations for Armed Forces Retirement
Home.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OPERATION
IRAQI FREEDOM AND OPERATION ENDURING FREEDOM
Sec. 1501. Authorization of additional appropriations for operations in
Afghanistan and Iraq for fiscal year 2009.
Sec. 1502. Requirement for separate display of budgets for Afghanistan
and Iraq.
Sec. 1503. Joint Improvised Explosive Device Defeat Fund.
Sec. 1504. Science and technology investment strategy to defeat or
counter improvised explosive devices.
Sec. 1505. Limitations on Iraq Security Forces Fund.
Sec. 1506. Limitations on Afghanistan Security Forces Fund.
Sec. 1507. Special transfer authority.
Sec. 1508. Prohibition on use of United States funds for certain
facilities projects in Iraq and contributions by the
Government of Iraq to combined operations and other
activities in Iraq.
TITLE XVI--RECONSTRUCTION AND STABILIZATION CIVILIAN MANAGEMENT
Sec. 1601. Short title.
Sec. 1602. Findings.
Sec. 1603. Definitions.
Sec. 1604. Authority to provide assistance for reconstruction and
stabilization crises.
Sec. 1605. Reconstruction and stabilization.
Sec. 1606. Authorities related to personnel.
Sec. 1607. Reconstruction and stabilization strategy.
Sec. 1608. Annual reports to Congress.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2003. Effective date.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year
2008 projects.
Sec. 2106. Modification of authority to carry out certain fiscal year
2007 projects.
Sec. 2107. Extension of authorizations of certain fiscal year 2006
projects.
Sec. 2108. Extension of authorization of certain fiscal year 2005
project.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year
2005 project.
Sec. 2206. Modification of authority to carry out certain fiscal year
2007 projects.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Extension of authorizations of certain fiscal year 2006
projects.
Sec. 2306. Extension of authorizations of certain fiscal year 2005
projects.
TITLE XXIV--DEFENSE AGENCIES
Subtitle A--Defense Agency Authorizations
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Modification of authority to carry out certain fiscal year
2007 project.
Sec. 2405. Modification of authority to carry out certain fiscal year
2005 projects.
Sec. 2406. Extension of authorization of certain fiscal year 2006
project.
Subtitle B--Chemical Demilitarization Authorizations
Sec. 2411. Authorized chemical demilitarization program construction
and land acquisition projects.
Sec. 2412. Authorization of appropriations, chemical demilitarization
construction, defense-wide.
Sec. 2413. Modification of authority to carry out certain fiscal year
1997 project.
Sec. 2414. Modification of authority to carry out certain fiscal year
2000 project.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve
construction and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Modification of authority to carry out certain fiscal year
2008 project.
Sec. 2608. Extension of authorizations of certain fiscal year 2006
projects.
Sec. 2609. Extension of Authorization of certain fiscal year 2005
project.
TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES
Subtitle A--Authorizations
Sec. 2701. Authorization of appropriations for base closure and
realignment activities funded through Department of
Defense Base Closure Account 1990.
Sec. 2702. Authorized base closure and realignment activities funded
through Department of Defense Base Closure Account 2005.
Sec. 2703. Authorization of appropriations for base closure and
realignment activities funded through Department of
Defense Base Closure Account 2005.
Subtitle B--Amendments to Base Closure and Related Laws
Sec. 2711. Modification of annual base closure and realignment
reporting requirements.
Sec. 2712. Technical corrections regarding authorized cost and scope of
work variations for military construction and military
family housing projects related to base closures and
realignments.
Subtitle C--Other Matters
Sec. 2721. Independent design review of National Naval Medical Center
and military hospital at Fort Belvoir.
Sec. 2722. Report on use of BRAC properties as sites for refineries or
nuclear power plants.
[[Page 20811]]
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Incorporation of principles of sustainable design in
documents submitted as part of proposed military
construction projects.
Sec. 2802. Revision of maximum lease amount applicable to certain
domestic Army family housing leases to reflect previously
made annual adjustments in amount.
Sec. 2803. Use of military family housing constructed under build and
lease authority to house members without dependents.
Sec. 2804. Leasing of military family housing to Secretary of Defense.
Sec. 2805. Improved oversight and accountability for military housing
privatization initiative projects.
Sec. 2806. Authority to use operation and maintenance funds for
construction projects inside the United States Central
Command and United States Africa Command areas of
responsibility.
Sec. 2807. Cost-benefit analysis of dissolution of Patrick Family
Housing LLC.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Clarification of congressional reporting requirements for
certain real property transactions.
Sec. 2812. Authority to lease non-excess property of military
departments and Defense Agencies.
Sec. 2813. Modification of utility system conveyance authority.
Sec. 2814. Defense access roads.
Sec. 2815. Report on application of force protection and anti-terrorism
standards to gates and entry points on military
installations.
Subtitle C--Provisions Related to Guam Realignment
Sec. 2821. Sense of Congress regarding military housing and utilities
related to Guam realignment.
Sec. 2822. Federal assistance to Guam.
Sec. 2823. Eligibility of the Commonwealth of the Northern Mariana
Islands for military base reuse studies and community
planning assistance.
Sec. 2824. Support for realignment of military installations and
relocation of military personnel on Guam.
Subtitle D--Energy Security
Sec. 2831. Certification of enhanced use leases for energy-related
projects.
Sec. 2832. Annual report on Department of Defense installations energy
management.
Subtitle E--Land Conveyances
Sec. 2841. Land conveyance, former Naval Air Station, Alameda,
California.
Sec. 2842. Transfer of administrative jurisdiction, decommissioned
Naval Security Group Activity, Skaggs Island, California.
Sec. 2843. Transfer of proceeds from property conveyance, Marine Corps
Logistics Base, Albany, Georgia.
Sec. 2844. Land conveyance, Sergeant First Class M.L. Downs Army
Reserve Center, Springfield, Ohio.
Sec. 2845. Land conveyance, John Sevier Range, Knox County, Tennessee.
Sec. 2846. Land conveyance, Army property, Camp Williams, Utah.
Sec. 2847. Extension of Potomac Heritage National Scenic Trail through
Fort Belvoir, Virginia.
Subtitle F--Other Matters
Sec. 2851. Revised deadline for transfer of Arlington Naval Annex to
Arlington National Cemetery.
Sec. 2852. Acceptance and use of gifts for construction of additional
building at National Museum of the United States Air
Force, Wright-Patterson Air Force Base.
Sec. 2853. Lease involving pier on Ford Island, Pearl Harbor Naval
Base, Hawaii.
Sec. 2854. Use of runway at NASJRB Willow Grove, Pennsylvania.
Sec. 2855. Naming of health facility, Fort Rucker, Alabama.
TITLE XXIX--WAR-RELATED MILITARY CONSTRUCTION AUTHORIZATIONS
Subtitle A--Fiscal Year 2008 Projects
Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Navy construction and land acquisition projects.
Sec. 2903. Authorized Air Force construction and land acquisition
projects.
Sec. 2904. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2905. Termination of authority to carry out fiscal year 2008 Army
projects.
Subtitle B--Fiscal Year 2009 Projects
Sec. 2911. Authorized Army construction and land acquisition projects.
Sec. 2912. Authorized Navy construction and land acquisition projects.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. Energy security and assurance.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Modification of functions of Administrator for Nuclear
Security to include elimination of surplus fissile
materials usable for nuclear weapons.
Sec. 3112. Limitation on Funding for Project 04-D-125 Chemistry and
Metallurgy Research Replacement facility project, Los
Alamos National Laboratory, Los Alamos, New Mexico.
Sec. 3113. Nonproliferation and national security scholarship and
fellowship program.
Sec. 3114. Enhancing nuclear forensics capabilities.
Sec. 3115. Utilization of contributions to International Nuclear
Materials Protection and Cooperation program and Russian
plutonium disposition program.
Sec. 3116. Review of and reports on Global Initiatives for
Proliferation Prevention program.
Sec. 3117. Limitation on availability of funds for Global Nuclear
Energy Partnership.
Subtitle C--Reports
Sec. 3121. Extension of deadline for Comptroller General report on
Department of Energy protective force management.
Sec. 3122. Report on compliance with Design Basis Threat issued by the
Department of Energy in 2005.
Sec. 3123. Modification of submittal of reports on inadvertent releases
of restricted data.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV--MARITIME ADMINISTRATION
Sec. 3501. Authorization of appropriations for fiscal year 2009.
Sec. 3502. Limitation on export of vessels owned by the Government of
the United States for the purpose of dismantling,
recycling, or scrapping.
Sec. 3503. Student incentive payment agreements.
Sec. 3504. Riding gang member requirements.
Sec. 3505. Maintenance and Repair Reimbursement Program for the
Maritime Security Fleet.
Sec. 3506. Temporary program authorizing contracts with adjunct
professors at the United States Merchant Marine Academy
and for other purposes.
Sec. 3507. Actions to address sexual harassment and violence at the
United States Merchant Marine Academy.
Sec. 3508. Assistance for small shipyards and maritime communities.
Sec. 3509. Marine war risk insurance.
Sec. 3510. MarAd consultation on Jones Act Waivers.
Sec. 3511. Transportation in American vessels of government personnel
and certain cargoes.
Sec. 3512. Port of Guam Improvement Enterprise Program.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
For purposes of this Act, the term ``congressional defense
committees'' has the meaning given that term in section
101(a)(16) of title 10, United States Code.
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding S. 3001, the National
Defense Authorization Act for Fiscal Year 2009, as amended by
the House of Representatives, printed in the House section of
the Congressional Record on or about September 30, 2008, by
the Chairman of the Committee on Armed Services of the House,
shall have the same effect with respect to the implementation
of this Act as if it were a joint explanatory statement of a
committee of conference.
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
[[Page 20812]]
Sec. 105. National Guard and Reserve equipment.
Subtitle B--Army Programs
Sec. 111. Separate procurement line items for Future Combat Systems
program.
Sec. 112. Clarification of status of Future Combat Systems program lead
system integrator.
Sec. 113. Restriction on obligation of funds for Army tactical radio
pending report.
Sec. 114. Restriction on obligation of procurement funds for Armed
Reconnaissance Helicopter program pending certification.
Sec. 115. Stryker Mobile Gun System.
Subtitle C--Navy Programs
Sec. 121. Refueling and complex overhaul of the U.S.S. Theodore
Roosevelt.
Sec. 122. Littoral Combat Ship (LCS) program.
Sec. 123. Report on F/A-18 procurement costs, comparing multiyear to
annual.
Sec. 124. Authority for advanced procurement and construction of
components for the Virginia-class submarine program.
Subtitle D--Air Force Programs
Sec. 131. Maintenance of retired KC-135E aircraft.
Sec. 132. Repeal of multi-year contract authority for procurement of
tanker aircraft.
Sec. 133. Reports on KC-(X) tanker aircraft requirements.
Sec. 134. F-22A fighter aircraft.
Subtitle E--Joint and Multiservice Matters
Sec. 141. Annual long-term plan for the procurement of aircraft for the
Navy and the Air Force.
Sec. 142. Report on body armor acquisition strategy.
Sec. 143. Small arms acquisition strategy and requirements review.
Sec. 144. Requirement for common ground stations and payloads for
manned and unmanned aerial vehicle systems.
Sec. 145. Report on future jet carrier trainer requirements of the
Navy.
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal
year 2009 for procurement for the Army as follows:
(1) For aircraft, $4,848,835,000.
(2) For missiles, $2,207,460,000.
(3) For weapons and tracked combat vehicles,
$3,516,398,000.
(4) For ammunition, $2,280,791,000.
(5) For other procurement, $11,143,076,000.
(6) For the Joint Improvised Explosive Device Defeat Fund,
$200,000,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated
for fiscal year 2009 for procurement for the Navy as follows:
(1) For aircraft, $14,557,874,000.
(2) For weapons, including missiles and torpedoes,
$3,553,282,000.
(3) For shipbuilding and conversion, $14,057,022,000.
(4) For other procurement, $5,463,565,000.
(b) Marine Corps.--Funds are hereby authorized to be
appropriated for fiscal year 2009 for procurement for the
Marine Corps in the amount of $1,486,189,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby
authorized to be appropriated for fiscal year 2009 for
procurement of ammunition for the Navy and the Marine Corps
in the amount of $1,110,012,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal
year 2009 for procurement for the Air Force as follows:
(1) For aircraft, $12,826,858,000.
(2) For ammunition, $894,478,000.
(3) For missiles, $5,553,528,000.
(4) For other procurement, $16,087,887,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal
year 2009 for Defense-wide procurement in the amount of
$3,382,628,000.
SEC. 105. NATIONAL GUARD AND RESERVE EQUIPMENT.
Funds are hereby authorized to be appropriated for fiscal
year 2009 for the procurement of aircraft, missiles, wheeled
and tracked combat vehicles, tactical wheeled vehicles,
ammunition, other weapons, and other procurement for the
reserve components of the Armed Forces in the amount of
$800,000,000.
Subtitle B--Army Programs
SEC. 111. SEPARATE PROCUREMENT LINE ITEMS FOR FUTURE COMBAT
SYSTEMS PROGRAM.
Effective for the budget of the President submitted to
Congress under section 1105(a) of title 31, United States
Code, for fiscal year 2011 and for each fiscal year
thereafter, the Secretary of Defense shall ensure that a
separate, dedicated procurement line item is designated for
each of the following elements of the Future Combat Systems
program (in this section referred to as ``FCS''), to the
extent the budget includes funding for such elements:
(1) FCS Manned Ground Vehicles.
(2) FCS Unmanned Ground Vehicles.
(3) FCS Unmanned Aerial Systems.
(4) FCS Unattended Ground Systems.
(5) Other FCS elements.
SEC. 112. CLARIFICATION OF STATUS OF FUTURE COMBAT SYSTEMS
PROGRAM LEAD SYSTEM INTEGRATOR.
Section 802 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 206; 10
U.S.C. 2410p note) is amended by adding at the end the
following new subsection:
``(e) Status of Future Combat Systems Program Lead System
Integrator.--
``(1) Lead systems integrator.--In the case of the Future
Combat Systems program, the prime contractor of the program
shall be considered to be a lead systems integrator until 45
days after the Secretary of the Army certifies in writing to
the congressional defense committees that such contractor is
no longer serving as the lead systems integrator.
``(2) New contracts.--In applying subsection (a)(1) or
(a)(2), any modification to the existing contract for the
Future Combat Systems program, for the purpose of entering
into full-rate production of major systems or subsystems,
shall be considered a new contract.''.
SEC. 113. RESTRICTION ON OBLIGATION OF FUNDS FOR ARMY
TACTICAL RADIO PENDING REPORT.
(a) Report Required.--Not later than March 30, 2009, the
Assistant Secretary of Defense for Networks and Information
Integration shall submit to the congressional defense
committees a report on Army tactical radio fielding plans.
The report shall include the following:
(1) A description of the Army tactical radio fielding
strategy, including a description of the overall combination
of various tactical radio systems and how they integrate to
provide communications and network capability.
(2) A detailed description of the combination of various
tactical radio systems in use or planned for use for Army
infantry brigade combat teams, heavy brigade combat teams,
Stryker brigade combat teams, and Future Combat Systems
brigade combat teams.
(3) A description of the combination of various tactical
radio systems in use or planned for use for Army support
brigades, headquarters elements, and training units.
(4) A description of the plan by the Army to integrate
joint tactical radio systems, including the number of each
type of joint tactical radio the Army plans to procure.
(5) An assessment of the total cost of the tactical radio
fielding strategy of the Army, including procurement of joint
tactical radio systems.
(b) Restriction on Obligation of Funds Pending Report.--Of
the amounts appropriated pursuant to an authorization of
appropriations in this Act or otherwise made available for
fiscal year 2009 for other procurement, Army, for tactical
radio systems, not more than 75 percent may be obligated or
expended until 30 days after the report required by
subsection (a) is received by the congressional defense
committees.
SEC. 114. RESTRICTION ON OBLIGATION OF PROCUREMENT FUNDS FOR
ARMED RECONNAISSANCE HELICOPTER PROGRAM PENDING
CERTIFICATION.
(a) Certification Required.--The Under Secretary of Defense
for Acquisition, Technology, and Logistics shall certify to
the congressional defense committees that the Armed
Reconnaissance Helicopter has--
(1) satisfactorily been certified under section 2433(e)(2)
of title 10, United States Code;
(2) been restructured as an acquisition program by the
Army;
(3) satisfactorily completed a Limited User Test; and
(4) been approved to enter Milestone C.
(b) Restriction on Obligation of Funds Pending
Certification.--Of the amounts appropriated pursuant to an
authorization of appropriations in this Act or otherwise made
available for fiscal year 2009 for aircraft procurement,
Army, for the Armed Reconnaissance Helicopter, not more than
20 percent may be obligated until 30 days after the
certification required by subsection (a) is received by the
congressional defense committees.
SEC. 115. STRYKER MOBILE GUN SYSTEM.
(a) Limitation On Availability Of Funds.--None of the
amounts authorized to be appropriated by this Act for
procurement of weapons and tracked combat vehicles for the
Army may be obligated or expended for purposes of the
procurement of the Stryker Mobile Gun System until the Under
Secretary of Defense for Acquisition, Technology, and
Logistics submits to the congressional defense committees a
written certification that the Under Secretary has approved a
plan for the Army to mitigate all Stryker Mobile Gun System
deficiencies.
(b) Reports Required.--Not later than 60 days after the
date of the enactment of this Act, and every 180 days
thereafter until December 31, 2011, the Secretary of the
Army, in consultation with the Director of Operational Test
and Evaluation, shall submit to the congressional defense
committees a report on the status of actions by the Army to
mitigate all Stryker Mobile Gun System deficiencies. Each
report shall include the following:
(1) An explanation of the plan by the Army to mitigate all
Stryker Mobile Gun System deficiencies.
[[Page 20813]]
(2) The cost estimate for implementing each mitigating
action, and the status of funding for each mitigating action.
(3) An inventory of the Stryker Mobile Gun System vehicle
fleet that specifies which mitigating actions have been
implemented.
(4) An updated production and fielding schedule for Stryker
Mobile Gun System vehicles required by the Army but not yet
fielded as of the date of the report.
(c) Waiver Authority.--The Secretary of Defense may waive
the limitation in subsection (a) if the Secretary--
(1) determines that continued procurement of Stryker Mobile
Gun System vehicles will provide a vital combat capability to
the Armed Forces; and
(2) submits to the congressional defense committees written
notification of the waiver and a discussion of the reasons
for the determination made under paragraph (1).
(d) Stryker Mobile Gun System Deficiencies Defined.--In
this section, the term ``Stryker Mobile Gun System
deficiencies'' means deficiencies of the Stryker Mobile Gun
System specified in the memorandum by the Department of
Defense titled ``Stryker Mobile Gun System (MGS) Acquisition
Decision Memorandum'' and dated August 5, 2008.
Subtitle C--Navy Programs
SEC. 121. REFUELING AND COMPLEX OVERHAUL OF THE U.S.S.
THEODORE ROOSEVELT.
(a) Amount Authorized From SCN Account.--Of the amount
appropriated pursuant to the authorization of appropriations
in section 102 or otherwise made available for shipbuilding,
conversion, and repair, Navy, for fiscal year 2009,
$124,500,000 is available for the commencement of the nuclear
refueling and complex overhaul of the U.S.S. Theodore
Roosevelt (CVN-71) during fiscal year 2009. The amount made
available in the preceding sentence is the first increment in
the three-year funding planned for the nuclear refueling and
complex overhaul of that vessel.
(b) Contract Authority.--The Secretary of the Navy is
authorized to enter into a contract during fiscal year 2009
for the nuclear refueling and overhaul of the U.S.S. Theodore
Roosevelt (CVN-71).
(c) Condition for Out-Year Contract Payments.--A contract
entered into under subsection (b) shall provide that any
obligation of the United States to make a payment under the
contract for a fiscal year after fiscal year 2009 is subject
to the availability of appropriations for that purpose for
that later fiscal year.
SEC. 122. LITTORAL COMBAT SHIP (LCS) PROGRAM.
Section 124 of the National Defense Authorization Act for
fiscal Year 2006 (Public Law 109-163; 119 Stat. 3157), as
amended by section 125 of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 29),
is further amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``post-2007 LCS vessels''
and inserting ``post-2009 LCS vessels''; and
(B) in paragraph (3)--
(i) in the paragraph heading, by striking ``Post-2007 lcs
vessels'' and inserting ``Post-2009 lcs vessels''; and
(ii) by striking `` `post-2007 LCS vessel' '' and inserting
`` `post-2009 LCS vessel' '';
(2) in subsection (b), by striking ``post-2007 LCS
vessels'' and inserting ``post-2009 LCS vessels''; and
(3) in subsection (c), by striking ``post-2007 LCS
vessels'' and inserting ``post-2009 LCS vessels''.
SEC. 123. REPORT ON F/A-18 PROCUREMENT COSTS, COMPARING
MULTIYEAR TO ANNUAL.
(a) In General.--Not later than March 1, 2009, the
Secretary of Defense shall submit to the congressional
defense committees a report on F/A-18 procurement. The report
shall include the following:
(1) The number of F/A-18E/F and EA-18G aircraft programmed
for procurement for fiscal years 2010 through 2015.
(2) The estimated procurement costs for those aircraft, if
procured through annual procurement contracts.
(3) The estimated procurement costs for those aircraft, if
procured through a multiyear procurement contract.
(4) The estimated savings that could be derived from the
procurement of those aircraft through a multiyear procurement
contract, and whether the Secretary considers the amount of
those savings to be substantial.
(5) A discussion comparing the costs and benefits of
obtaining those aircraft through annual procurement contracts
with the costs and benefits of obtaining those aircraft
through a multiyear procurement contract.
(6) The recommendations of the Secretary regarding whether
Congress should authorize a multiyear procurement contract
for those aircraft.
(b) Certifications Required.--If the Secretary recommends
under subsection (a)(6) that Congress authorize a multiyear
procurement contract for the aircraft, the Secretary shall
include in the report under subsection (a) the certifications
required by section 2306b of title 10, United States Code, to
enable the award of a multiyear contract beginning with
fiscal year 2010.
SEC. 124. AUTHORITY FOR ADVANCED PROCUREMENT AND CONSTRUCTION
OF COMPONENTS FOR THE VIRGINIA-CLASS SUBMARINE
PROGRAM.
Section 121 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 26) is
amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Advance Procurement and Construction of Components.--
The Secretary may enter into one or more contracts for
advance procurement and advance construction of those
components for the Virginia-class submarine program for which
authorization to enter into a multiyear procurement contract
is granted under subsection (a) if the Secretary determines
that cost savings or construction efficiencies may be
achieved for Virginia-class submarines through the use of
such contracts.''.
Subtitle D--Air Force Programs
SEC. 131. MAINTENANCE OF RETIRED KC-135E AIRCRAFT.
Section 135(b) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364;
120 Stat. 2114) is amended by striking ``each KC-135E
aircraft that is retired'' and inserting ``at least 74 of the
KC-135E aircraft retired''.
SEC. 132. REPEAL OF MULTI-YEAR CONTRACT AUTHORITY FOR
PROCUREMENT OF TANKER AIRCRAFT.
Section 135 of the National Defense Authorization Act for
Fiscal Year 2004 (10 U.S.C. 2401a note) is repealed.
SEC. 133. REPORTS ON KC-(X) TANKER AIRCRAFT REQUIREMENTS.
(a) Report Required.--Not later than March 1, 2009, the
Secretary of Defense shall submit to the congressional
defense committees a report regarding the competition for the
KC-(X) tanker aircraft that was terminated on September 10,
2008. The report shall include the following:
(1) An examination of original requirements for the KC-(X)
tanker aircraft, including an explanation for the use of the
KC-135R tanker aircraft as the baseline for the KC-(X) tanker
aircraft.
(2) A summary of commercial derivative or commercial off-
the-shelf aircraft available as potential aerial refueling
platforms using aerial refueling capabilities (such as range,
offload at range, and passenger and cargo capacity) in each
of the following ranges:
(A) Maximum gross take-off weight that is less than 300,000
pounds.
(B) Maximum gross take-off weight in the range from 301,000
pounds maximum gross take-off weight to 550,000 pound maximum
gross take-off weight.
(C) Maximum gross take-off weight in the range from 551,000
pounds maximum gross take-off weight to 1,000,000 pound
maximum gross take-off weight.
(D) Maximum gross take-off weight that is greater than
1,000,000 pounds.
(b) Reassessment Required.--The Secretary of Defense shall
reassess the requirements for aerial refueling that were
validated by the Joint Requirements Oversight Council on
December 27, 2006. Not later than 30 days after the
reassessment, the Secretary shall submit to the congressional
defense committees a report containing the complete results
of the reassessment.
SEC. 134. F-22A FIGHTER AIRCRAFT.
(a) Availability of Funds.--Subject to subsection (b), of
the amount authorized to be appropriated for procurement of
aircraft for the Air Force, $523,000,000 shall be available
for advance procurement of F-22A fighter aircraft.
(b) Restriction on Obligation of Funds Pending
Certification.--Of the amounts appropriated pursuant to an
authorization of appropriations in this Act or otherwise made
available for fiscal year 2009 for advance procurement, Air
Force, for the F-22A, not more than $140,000,000 may be
obligated until 15 days after the certification required by
subsection (c) is received by the congressional defense
committees.
(c) Certification.--
(1) In general.--Of the amount referred to in subsection
(a), $383,000,000 shall not be available until the President
certifies to the congressional defense committees that--
(A) the procurement of F-22A fighter aircraft is in the
national interest of the United States; or
(B) the termination of the production line for F-22A
fighter aircraft is in the national interest of the United
States.
(2) Date of submittal.--Any certification submitted under
this subsection may not be submitted before January 21, 2009,
and must be submitted not later than March 1, 2009.
Subtitle E--Joint and Multiservice Matters
SEC. 141. ANNUAL LONG-TERM PLAN FOR THE PROCUREMENT OF
AIRCRAFT FOR THE NAVY AND THE AIR FORCE.
(a) In General.--Chapter 9 of title 10, United States Code,
is amended by inserting after section 231 the following new
section:
``Sec. 231a. Budgeting for procurement of aircraft for the
Navy and Air Force: annual plan and certification
``(a) Annual Aircraft Procurement Plan and Certification.--
The Secretary of Defense shall include with the defense
budget materials for each fiscal year--
``(1) a plan for the procurement of the aircraft specified
in subsection (b) for the Department of the Navy and the
Department of
[[Page 20814]]
the Air Force developed in accordance with this section; and
``(2) a certification by the Secretary that both the budget
for such fiscal year and the future-years defense program
submitted to Congress in relation to such budget under
section 221 of this title provide for funding of the
procurement of aircraft at a level that is sufficient for the
procurement of the aircraft provided for in the plan under
paragraph (1) on the schedule provided in the plan.
``(b) Covered Aircraft.--The aircraft specified in this
subsection are the aircraft as follows:
``(1) Fighter aircraft.
``(2) Attack aircraft.
``(3) Bomber aircraft.
``(4) Strategic lift aircraft.
``(5) Intratheater lift aircraft.
``(6) Intelligence, surveillance, and reconnaissance
aircraft.
``(7) Tanker aircraft.
``(8) Any other major support aircraft designated by the
Secretary of Defense for purposes of this section.
``(c) Annual Aircraft Procurement Plan.--(1) The annual
aircraft procurement plan developed for a fiscal year for
purposes of subsection (a)(1) should be designed so that the
aviation force provided for under the plan is capable of
supporting the national security strategy of the United
States as set forth in the most recent national security
strategy report of the President under section 108 of the
National Security Act of 1947 (50 U.S.C. 404a), except that,
if at the time the plan is submitted with the defense budget
materials for that fiscal year, a national security strategy
report required under such section 108 has not been submitted
to Congress as required by paragraph (2) or paragraph (3), if
applicable, of subsection (a) of such section, then the plan
should be designed so that the aviation force provided for
under the plan is capable of supporting the aviation force
structure recommended in the report of the most recent
Quadrennial Defense Review.
``(2) Each annual aircraft procurement plan shall include
the following:
``(A) A detailed program for the procurement of the
aircraft specified in subsection (b) for each of the
Department of the Navy and the Department of the Air Force
over the next 30 fiscal years.
``(B) A description of the necessary aviation force
structure to meet the requirements of the national security
strategy of the United States or the most recent Quadrennial
Defense Review, whichever is applicable under paragraph (1).
``(C) The estimated levels of annual funding necessary to
carry out the program, together with a discussion of the
procurement strategies on which such estimated levels of
annual funding are based.
``(D) An assessment by the Secretary of Defense of the
extent to which the combined aircraft forces of the
Department of the Navy and the Department of the Air Force
meet the national security requirements of the United States.
``(d) Assessment When Aircraft Procurement Budget Is
Insufficient To Meet Applicable Requirements.--If the budget
for a fiscal year provides for funding of the procurement of
aircraft for either the Department of the Navy or the
Department of the Air Force at a level that is not sufficient
to sustain the aviation force structure specified in the
aircraft procurement plan for such Department for that fiscal
year under subsection (a), the Secretary shall include with
the defense budget materials for that fiscal year an
assessment that describes and discusses the risks associated
with the reduced force structure of aircraft that will result
from funding aircraft procurement at such level. Such
assessment shall be coordinated in advance with the
commanders of the combatant commands.
``(e) Definitions.--In this section:
``(1) The term `budget', with respect to a fiscal year,
means the budget for that fiscal year that is submitted to
Congress by the President under section 1105(a) of title 31.
``(2) The term `defense budget materials', with respect to
a fiscal year, means the materials submitted to Congress by
the Secretary of Defense in support of the budget for that
fiscal year.
``(3) The term `Quadrennial Defense Review' means the
review of the defense programs and policies of the United
States that is carried out every 4 years under section 118 of
this title.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 9 of such title is amended by inserting
after the item relating to section 231 the following new
item:
``231a. Budgeting for procurement of aircraft for the Navy and Air
Force: annual plan and certification.''.
SEC. 142. REPORT ON BODY ARMOR ACQUISITION STRATEGY.
Not later than 120 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report that provides--
(1) a survey and assessment of the capabilities,
capacities, and risks of the domestic industrial base of the
United States, including critical subcontractor suppliers, in
meeting the requirements of the military departments for body
armor during the 20 years following the date of the report;
(2) an assessment of the long-term maintenance requirements
of the body armor industrial base in the United States;
(3) an assessment of body armor and related research,
development, and acquisition objectives, priorities, and
funding profiles for--
(A) advances in the level of protection;
(B) weight reduction; and
(C) manufacturing productivity;
(4) an assessment of the feasibility and advisability of
establishing a separate, dedicated procurement line item for
the acquisition of body armor and associated components for
fiscal year 2011 and for each fiscal year thereafter;
(5) an assessment of the feasibility and advisability of
establishing an executive agent for the acquisition of body
armor and associated components for the military departments
beginning in fiscal year 2011; and
(6) an assessment of existing initiatives used by the
military departments to manage or execute body armor
programs, including the Cross-Service Warfighter Equipment
Board, the Joint Clothing and Textiles Governance Board, and
advanced planning briefings for industry.
SEC. 143. SMALL ARMS ACQUISITION STRATEGY AND REQUIREMENTS
REVIEW.
(a) Secretary of Defense Report.--Not later than 120 days
after the date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense committees
a report on the small arms requirements of the Armed Forces
and the industrial base of the United States. The report
shall include the following:
(1) An assessment of Department of Defense-wide small arms
requirements in terms of capabilities and quantities, based
on an analysis of the small arms capability assessments of
each military department.
(2) An assessment of plans for small arms research,
development, and acquisition programs to meet the
requirements identified under paragraph (1).
(3) An assessment of capabilities, capacities, and risks in
the small arms industrial base of the United States to meet
the requirements of the Department of Defense for pistols,
carbines, rifles, and light, medium, and heavy machine guns
during the 20 years following the date of the report.
(4) An assessment of the costs, benefits, and risks of full
and open competition for the procurement of non-developmental
pistols and carbines that are not technically compatible with
the M9 pistol or M4 carbine to meet the requirements
identified under paragraph (1).
(b) Competition for a New Individual Weapon.--
(1) Competition required.--If the small arms capabilities
based assessments by the Army identifies gaps in small arms
capabilities and the Secretary of the Army determines that a
new individual weapon is required to address such gaps, the
Secretary shall procure the new individual weapon using full
and open competition as described in paragraph (2).
(2) Full and open competition.--The full and open
competition described in this paragraph is competition among
all responsible manufacturers that--
(A) is open to all developmental item solutions and non-
developmental item solutions; and
(B) provides for the award of a contract based on selection
criteria that reflect the key performance parameters and
attributes identified in a service requirements document
approved by the Army.
(c) Small Arms Defined.--In this section, the term ``small
arms''--
(1) means man-portable or vehicle-mounted light weapons,
designed primarily for use by individual military personnel
for anti-personnel use; and
(2) includes pistols, carbines, rifles, and light, medium,
and heavy machine guns.
SEC. 144. REQUIREMENT FOR COMMON GROUND STATIONS AND PAYLOADS
FOR MANNED AND UNMANNED AERIAL VEHICLE SYSTEMS.
(a) Policy and Acquisition Strategy Required.--The
Secretary of Defense, in consultation with the Chairman of
the Joint Chiefs of Staff, shall establish a policy and an
acquisition strategy for intelligence, surveillance, and
reconnaissance payloads and ground stations for manned and
unmanned aerial vehicle systems. The policy and acquisition
strategy shall be applicable throughout the Department of
Defense and shall achieve integrated research, development,
test, and evaluation, and procurement commonality.
(b) Objectives.--The policy and acquisition strategy
required by subsection (a) shall have the following
objectives:
(1) Procurement of common payloads by vehicle class,
including--
(A) signals intelligence;
(B) electro optical;
(C) synthetic aperture radar;
(D) ground moving target indicator;
(E) conventional explosive detection;
(F) foliage penetrating radar;
(G) laser designator;
(H) chemical, biological, radiological, nuclear, explosive
detection; and
(I) national airspace operations avionics or sensors, or
both.
[[Page 20815]]
(2) Commonality of ground system architecture by vehicle
class.
(3) Common management of vehicle and payloads procurement.
(4) Ground station interoperability standardization.
(5) Maximum use of commercial standard hardware and
interfaces.
(6) Open architecture software.
(7) Acquisition of technical data rights in accordance with
section 2320 of title 10, United States Code.
(8) Acquisition of vehicles, payloads, and ground stations
through competitive procurement.
(9) Common standards for exchange of data and metadata.
(c) Affected Systems.--For the purposes of this section,
the Secretary shall establish manned and unmanned aerial
vehicle classes for all intelligence, surveillance, and
reconnaissance programs of record based on factors such as
vehicle weight, payload capacity, and mission.
(d) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees, the Permanent Select
Committee on Intelligence of the House of Representatives,
and the Select Committee on Intelligence of the Senate a
report containing--
(1) the policy required by subsection (a); and
(2) the acquisition strategy required by subsection (a).
SEC. 145. REPORT ON FUTURE JET CARRIER TRAINER REQUIREMENTS
OF THE NAVY.
Not later than 120 days after the date of the enactment of
this Act, the Secretary of the Navy shall submit to the
congressional defense committees a report on future jet
carrier trainer requirements. In addressing such
requirements, the report shall include a plan based on the
following:
(1) Studies conducted by independent organizations
concerning future jet carrier trainer requirements.
(2) The results of a cost-benefit analysis comparing the
creation of a new jet carrier trainer program with the
modification of the current jet carrier trainer program in
order to fulfill future jet carrier trainer requirements.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for defense science and technology.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Additional determinations to be made as part of Future Combat
Systems milestone review.
Sec. 212. Analysis of Future Combat Systems communications network and
software.
Sec. 213. Future Combat Systems manned ground vehicle Selected
Acquisition Reports.
Sec. 214. Separate procurement and research, development, test, and
evaluation line items and program elements for Sky
Warrior Unmanned Aerial Systems project.
Sec. 215. Restriction on obligation of funds for the Warfighter
Information Network-Tactical program.
Sec. 216. Limitation on source of funds for certain Joint Cargo
Aircraft expenditures.
Sec. 217. Requirement for plan on overhead nonimaging infrared systems.
Sec. 218. Advanced energy storage technology and manufacturing.
Sec. 219. Mechanisms to provide funds for defense laboratories for
research and development of technologies for military
missions.
Sec. 220. Requirements for certain airborne intelligence collection
systems.
Sec. 221. Limitation on obligation of funds for Enhanced AN/TPQ-36
radar system pending submission of report.
Subtitle C--Missile Defense Programs
Sec. 231. Annual Director of Operational Test and Evaluation
characterization of operational effectiveness,
suitability, and survivability of the ballistic missile
defense system.
Sec. 232. Independent study of boost-phase missile defense.
Sec. 233. Limitation on availability of funds for procurement,
construction, and deployment of missile defenses in
Europe.
Sec. 234. Review of the ballistic missile defense policy and strategy
of the United States.
Sec. 235. Airborne Laser System.
Sec. 236. Activation and deployment of AN/TPY-2 forward-based X-band
radar.
Subtitle D--Reports
Sec. 241. Biennial reports on joint and service concept development and
experimentation.
Sec. 242. Report on participation of the historically black colleges
and universities and minority-serving institutions in
research and educational programs and activities of the
Department of Defense.
Sec. 243. Report on Department of Defense response to findings and
recommendations of the Defense Science Board Task Force
on Directed Energy Weapons.
Subtitle E--Other Matters
Sec. 251. Modification of systems subject to survivability testing
oversight by the Director of Operational Test and
evaluation.
Sec. 252. Technology-neutral information technology guidelines and
standards to support fully interoperable electronic
personal health information for the Department of Defense
and Department of Veterans Affairs.
Sec. 253. Assessment of technology transition programs and repeal of
reporting requirement.
Sec. 254. Trusted defense systems.
Sec. 255. Capabilities-based assessment to outline a joint approach for
future development of vertical lift aircraft and
rotorcraft.
Sec. 256. Executive agent for printed circuit board technology.
Sec. 257. Review of conventional prompt global strike technology
applications and concepts.
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2009 for the use of the Department of Defense for
research, development, test, and evaluation as follows:
(1) For the Army, $11,045,052,000.
(2) For the Navy, $19,345,603,000.
(3) For the Air Force, $26,289,508,000.
(4) For Defense-wide activities, $21,131,501,000, of which
$188,772,000 is authorized for the Director of Operational
Test and Evaluation.
SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY.
(a) Fiscal Year 2009.--Of the amounts authorized to be
appropriated by section 201, $11,799,660 shall be available
for the Defense Science and Technology Program, including
basic research, applied research, and advanced technology
development projects.
(b) Basic Research, Applied Research, and Advanced
Technology Development Defined.--For purposes of this
section, the term ``basic research, applied research, and
advanced technology development'' means work funded in
programs elements for defense research and development under
Department of Defense budget activity 1, 2, or 3.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. ADDITIONAL DETERMINATIONS TO BE MADE AS PART OF
FUTURE COMBAT SYSTEMS MILESTONE REVIEW.
Section 214(b) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364;
120 Stat. 2123) is amended by striking paragraphs (4) through
(6) and inserting the following new paragraphs:
``(4) Whether actual demonstrations, rather than
simulations, have shown that the software for the program is
on a path to achieve threshold requirements on cost and
schedule.
``(5) Whether the program's planned major communications
network demonstrations are sufficiently complex and realistic
to inform major program decision points.
``(6) The extent to which Future Combat Systems manned
ground vehicle survivability is likely to be reduced in a
degraded Future Combat Systems communications network
environment.
``(7) The level of network degradation at which Future
Combat Systems manned ground vehicle crew survivability is
significantly reduced.
``(8) The extent to which the Future Combat Systems
communications network is capable of withstanding network
attack, jamming, or other interference.
``(9) What the cost estimate for the program is, including
all spin outs, and an assessment of the confidence level for
that estimate.
``(10) What the affordability assessment for the program
is, given projected Army budgets, based on the cost estimate
referred to in paragraph (9).''.
SEC. 212. ANALYSIS OF FUTURE COMBAT SYSTEMS COMMUNICATIONS
NETWORK AND SOFTWARE.
(a) Report Required.--Not later than September 30, 2009,
the Assistant Secretary of Defense for Networks and
Information Integration shall submit to the congressional
defense committees a report on the Future Combat Systems
communications network and software. The report shall include
the following:
(1) An assessment of the vulnerability of the Future Combat
Systems communications network and software to enemy network
attack, in particular the effect of the use of significant
amounts of commercial software in Future Combat Systems
software.
[[Page 20816]]
(2) An assessment of the vulnerability of the Future Combat
Systems communications network to electronic warfare,
jamming, and other potential enemy interference.
(3) An assessment of the vulnerability of the Future Combat
Systems communications network to adverse weather and complex
terrain.
(4) An assessment of the Future Combat Systems
communication network's dependence on satellite
communications support, and an assessment of the network's
performance in the absence of assumed levels of satellite
communications support.
(5) An assessment of the performance of the Future Combat
Systems communications network when operating in a degraded
condition due to the factors analyzed in paragraphs (1), (2),
(3), and (4), and how such a degraded network environment
would affect the performance of Future Combat Systems
brigades and the survivability of Future Combat Systems
manned ground vehicles.
(6) An assessment, developed in coordination with the
Director of Operational Test and Evaluation, of the adequacy
of the Future Combat Systems communications network testing
schedule.
(7) An assessment, developed in coordination with the
Director of Operational Test and Evaluation, of the
synchronization of the funding, schedule, and technology
maturity of the Warfighter Information Network-Tactical and
Joint Tactical Radio System programs in relation to the
Future Combat Systems program, including any planned Future
Combat Systems spin outs.
(b) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 213. FUTURE COMBAT SYSTEMS MANNED GROUND VEHICLE
SELECTED ACQUISITION REPORTS.
(a) Report Required.--Not later than February 15 of each of
the years 2009 through 2015, the Secretary of the Army shall
submit a Selected Acquisition Report under section 2432 of
title 10, United States Code, to Congress for each Future
Combat Systems manned ground vehicle variant.
(b) Required Elements.--Each report required by subsection
(a) shall include the same information required in
comprehensive annual Selected Acquisition Reports under
section 2432(c) of title 10, United States Code.
(c) Definition.--In this section, the term ``manned ground
vehicle variant'' means--
(1) the eight distinct variants of manned ground vehicles
designated on pages seven and eight of the Future Combat
Systems Selected Acquisition Report of the Department of
Defense dated December 31, 2007; and
(2) any additional manned ground vehicle variants
designated in Future Combat Systems Acquisition Reports of
the Department of Defense after the date of the enactment of
this Act.
SEC. 214. SEPARATE PROCUREMENT AND RESEARCH, DEVELOPMENT,
TEST, AND EVALUATION LINE ITEMS AND PROGRAM
ELEMENTS FOR SKY WARRIOR UNMANNED AERIAL
SYSTEMS PROJECT.
Effective for fiscal year 2010 and for each fiscal year
thereafter, the Secretary of Defense shall ensure that, in
the annual budget submission of the Department of Defense to
the President, within both the account for procurement and
the account for research, development, test, and evaluation,
a separate, dedicated line item and program element is
designated for the Sky Warrior Unmanned Aerial Systems
project, to the extent such accounts include funding for such
project.
SEC. 215. RESTRICTION ON OBLIGATION OF FUNDS FOR THE
WARFIGHTER INFORMATION NETWORK-TACTICAL
PROGRAM.
(a) Notification Required.--Not later than five days after
the completion of all actions described in subsection (b),
the Under Secretary of Defense for Acquisition, Technology,
and Logistics shall submit to the congressional defense
committees notice in writing of such completion.
(b) Covered Actions.--An action described in this
subsection is any of the following:
(1) Approval by the Under Secretary of a new acquisition
program baseline for the Warfighter Information Network-
Tactical Increment 3 program (in this section referred to as
the ``WIN-T Increment 3 program'').
(2) Completion of the independent cost estimate for the
WIN-T Increment 3 program by the Cost Analysis Improvement
Group, as required by the June 5, 2007, recertification by
the Under Secretary.
(3) Completion of the technology readiness assessment of
the WIN-T Increment 3 program by the Director, Defense
Research and Engineering, as required by the June 5, 2007,
recertification by the Under Secretary.
(c) Restriction on Obligation of Funds Pending
Notification.--Of the amounts appropriated pursuant to an
authorization of appropriations in this Act or otherwise made
available for research, development, test, and evaluation,
Army, for fiscal year 2009 for the WIN-T Increment 3 program,
not more than 50 percent of those amounts may be obligated or
expended until 15 days after the date on which the
notification required by subsection (a) is received by the
congressional defense committees.
SEC. 216. LIMITATION ON SOURCE OF FUNDS FOR CERTAIN JOINT
CARGO AIRCRAFT EXPENDITURES.
(a) Limitation.--Of the amounts appropriated pursuant to an
authorization of appropriations in this Act or otherwise made
available for fiscal year 2009 or any fiscal year thereafter
for the Army or the Air Force, the Secretary of the Army and
the Secretary of the Air Force may fund relevant expenditures
for the Joint Cargo Aircraft only through amounts made
available for procurement or for research, development, test,
and evaluation.
(b) Relevant Expenditures for the Joint Cargo Aircraft
Defined.--In this section, the term ``relevant expenditures
for the Joint Cargo Aircraft'' means expenditures relating
to--
(1) support equipment;
(2) initial spares;
(3) training simulators;
(4) systems engineering and management; and
(5) post-production modifications.
SEC. 217. REQUIREMENT FOR PLAN ON OVERHEAD NONIMAGING
INFRARED SYSTEMS.
(a) In General.--The Secretary of Defense, in consultation
with the Director of National Intelligence, shall develop a
comprehensive plan to conduct and support research,
development, and demonstration of technologies that could
evolve into the next generation of overhead nonimaging
infrared systems.
(b) Elements.--The plan required by subsection (a) shall
include the following:
(1) The research objectives to be achieved under the plan.
(2) A description of the research, development, and
demonstration activities under the plan.
(3) An estimate of the duration of the research,
development, and demonstration of technologies under the
plan.
(4) The cost and duration of any flight or on-orbit
demonstrations of the technologies being developed.
(5) A plan for implementing any acquisition programs with
respect to technologies determined to be successful under the
plan.
(6) An identification of the date by which a decision must
be made to begin any follow-on programs and a justification
for the date identified.
(7) A schedule for completion of a full analysis of the on-
orbit performance characteristics of the Space-Based Infrared
System and the Space Tracking and Surveillance System, and an
assessment of how the performance characteristics of such
systems will inform the decision to proceed to a next
generation overhead nonimaging infrared system.
(c) Limitation on Obligation and Expenditure of Funds for
Third Generation Infrared Surveillance Program.--Not more
than 50 percent of the amounts authorized to be appropriated
for fiscal year 2009 by section 201(3) for research,
development, test, and evaluation for the Air Force and
available for the Third Generation Infrared Surveillance
program may be obligated or expended until the date that is
30 days after the date on which the Secretary submits to
Congress the plan required by subsection (a).
SEC. 218. ADVANCED ENERGY STORAGE TECHNOLOGY AND
MANUFACTURING.
(a) Roadmap Required.--The Secretary of Defense, acting
through the Director of Defense Research and Engineering, the
Deputy Under Secretary of Defense for Industrial Policy, and
service acquisition executives, shall, in coordination with
the Secretary of Energy, develop a multi-year roadmap to
develop advanced energy storage technologies and sustain
domestic advanced energy storage technology manufacturing
capabilities and an assured supply chain necessary to ensure
that the Department of Defense has assured access to advanced
energy storage technologies to support current military
requirements and emerging military needs.
(b) Elements.--The roadmap required by subsection (a) shall
include, but not be limited to, the following:
(1) An identification of current and future capability
gaps, performance enhancements, cost savings goals, and
assured technology access goals that require advances in
energy storage technology and manufacturing capabilities.
(2) Specific research, technology, and manufacturing goals
and milestones, and timelines and estimates of funding
necessary for achieving such goals and milestones.
(3) A summary of applications for energy storage
technologies by the Department of Defense and, for each type
of application, an assessment of the demand for such
technologies, in terms of quantity and military need.
(4) Specific mechanisms for coordinating the activities of
Federal agencies, State and local governments, coalition
partners, private industry, and academia covered by the
roadmap.
(5) Such other matters as the Secretary of Defense and the
Secretary of Energy consider appropriate for purposes of the
roadmap.
(c) Coordination.--
(1) In general.--The roadmap required by subsection (a)
shall be developed in coordination with the military
departments, appropriate Defense Agencies and other elements
[[Page 20817]]
and organizations of the Department of Defense, other
appropriate Federal, State, and local government
organizations, and appropriate representatives of private
industry and academia.
(2) Department of defense support.--The Secretary of
Defense shall ensure that appropriate elements and
organizations of the Department of Defense provide such
information and other support as is required for the
development of the roadmap.
(d) Submittal to Congress.--The Secretary of Defense shall
submit to the congressional defense committees the roadmap
required by subsection (a) not later than one year after the
date of the enactment of this Act.
(e) Advanced Energy Storage Technology Initiative
Investment Summary.--Not later than 6 months after the date
of enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on
the expenditures for energy storage technologies within the
Department of Defense, Defense Agencies, and military
departments, for fiscal years 2008 and 2009 and the projected
expenditures for such technologies for fiscal year 2010.
SEC. 219. MECHANISMS TO PROVIDE FUNDS FOR DEFENSE
LABORATORIES FOR RESEARCH AND DEVELOPMENT OF
TECHNOLOGIES FOR MILITARY MISSIONS.
(a) Mechanisms to Provide Funds.--
(1) In general.--The Secretary of Defense, in consultation
with the Secretaries of the military departments, shall
establish mechanisms under which the director of a defense
laboratory may use an amount of funds equal to not more than
three percent of all funds available to the defense
laboratory for the following purposes:
(A) To fund innovative basic and applied research that is
conducted at the defense laboratory and supports military
missions.
(B) To fund development programs that support the
transition of technologies developed by the defense
laboratory into operational use.
(C) To fund workforce development activities that improve
the capacity of the defense laboratory to recruit and retain
personnel with needed scientific and engineering expertise.
(2) Consultation required.--The mechanisms established
under paragraph (1) shall provide that funding shall be used
under paragraph (1) at the discretion of the director of a
defense laboratory in consultation with the science and
technology executive of the military department concerned.
(b) Annual Report on Use of Authority.--
(1) In general.--Not later than March 1 of each year, the
Secretary of Defense shall submit to the congressional
defense committees a report on the use of the authority under
subsection (a) during the preceding year.
(2) Elements.--Each report under paragraph (1) shall
include, with respect to the year covered by such report, the
following:
(A) A description of the mechanisms used to provide funding
under subsection (a)(1).
(B) A statement of the amount of funding made available to
each defense laboratory for research described under such
subsection.
(C) A description of the investments made by each defense
laboratory using funds under such subsection.
(D) A description and assessment of any improvements in the
performance of the defense laboratories as a result of
investments under such subsection.
(E) A description and assessment of the contributions to
the development of needed military capabilities provided by
research using funds under such subsection.
(F) A description of any modification to the mechanisms
under subsection (a) that would improve the efficacy of the
authority under such subsection to support military missions.
(c) Sunset.--The authority under subsection (a) shall
expire on October 1, 2013.
SEC. 220. REQUIREMENTS FOR CERTAIN AIRBORNE INTELLIGENCE
COLLECTION SYSTEMS.
(a) In General.--Except as provided pursuant to subsection
(b), effective as of October 1, 2012, each airborne
intelligence collection system of the Department of Defense
that is connected to the Distributed Common Ground/Surface
System shall have the capability to operate with the Network-
Centric Collaborative Targeting System.
(b) Exceptions.--The requirement in subsection (a) with
respect to a particular airborne intelligence collection
system may be waived by the Chairman of the Joint
Requirements Oversight Council under section 181 of title 10,
United States Code. Waivers under this subsection shall be
made on a case-by-case basis.
SEC. 221. LIMITATION ON OBLIGATION OF FUNDS FOR ENHANCED AN/
TPQ-36 RADAR SYSTEM PENDING SUBMISSION OF
REPORT.
Of the amounts appropriated pursuant to section 201(1) of
this Act or otherwise made available for fiscal year 2009 for
research, development, test, and evaluation, Army, for the
Enhanced AN/TPQ-36 radar system, not more than 70 percent of
the amounts remaining unobligated as of the date of the
enactment of this Act may be obligated until the Secretary of
the Army submits to the congressional defense committees a
report describing the plan to transition the Counter-Rockets,
Artillery, and Mortars program to a program of record.
Subtitle C--Missile Defense Programs
SEC. 231. ANNUAL DIRECTOR OF OPERATIONAL TEST AND EVALUATION
CHARACTERIZATION OF OPERATIONAL EFFECTIVENESS,
SUITABILITY, AND SURVIVABILITY OF THE BALLISTIC
MISSILE DEFENSE SYSTEM.
(a) Annual Characterization.--Section 232(h) of the
National Defense Authorization Act for Fiscal Year 2002 (10
U.S.C. 2431 note) is amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The Director of Operational Test and Evaluation shall
also each year characterize the operational effectiveness,
suitability, and survivability of the ballistic missile
defense system, and its elements, that have been fielded or
tested before the end of the preceding fiscal year.''; and
(3) in paragraph (3), as redesignated by paragraph (1) of
this subsection, by inserting ``and the characterization
under paragraph (2)'' after ``the assessment under paragraph
(1)''.
(b) Conforming Amendment.--The heading of such section is
amended to read as follows: ``Annual OT&E Assessment and
Characterization of Certain Ballistic Missile Defense
Matters.--''.
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 2008, and shall apply with
respect to fiscal years beginning on or after that date.
SEC. 232. INDEPENDENT STUDY OF BOOST-PHASE MISSILE DEFENSE.
(a) Study.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall enter
into an agreement with the National Academy of Sciences to
conduct an independent study of concepts and systems for
boost-phase missile defense.
(b) Elements.--
(1) Content.--The study required by subsection (a) shall
address the following:
(A) The extent to which boost-phase missile defense is
technically feasible and practical.
(B) Whether any demonstration efforts by the Department of
Defense of boost-phase missile defense technology existing as
of the date of the study (including the Airborne Laser and
the Kinetic Energy Interceptor) have a high probability of
performing a boost-phase missile defense mission in an
operationally effective, suitable, and survivable manner.
(2) Systems to be examined.--The study required by
subsection (a) shall examine each of the following systems:
(A) The Airborne Laser.
(B) The Kinetic Energy Interceptor (land-based and sea-
based options).
(C) Other existing boost-phase technology demonstration
programs.
(3) Factors to be evaluated.--The study shall evaluate each
system identified in paragraph (2) based on the following
factors:
(A) Technical capability of the system against scenarios
identified in paragraph (4).
(B) Operational issues, including operational
effectiveness.
(C) The results of key milestone tests conducted prior to
preparation of the report under subsection (c).
(D) Survivability.
(E) Suitability.
(F) Concept of operations, including basing considerations.
(G) Operations and maintenance support.
(H) Command and control considerations, including timelines
for detection, decision-making, and engagement.
(I) Shortfall from intercepts.
(J) Force structure requirements.
(K) Effectiveness against countermeasures.
(L) Estimated cost of sustaining the system in the field.
(M) Reliability, availability, and maintainability.
(N) Geographic considerations, including limitations on the
ability to deploy systems within operational range of
potential targets.
(O) Cost and cost-effectiveness, including total lifecycle
cost estimates.
(4) Scenarios to be assessed.--The study shall include an
assessment of each system identified in paragraph (2)
regarding the performance and operational capabilities of the
system--
(A) to counter short-range, medium-range, and intermediate-
range ballistic missile threats from rogue states to the
deployed forces of the United States and its allies; and
(B) to defend the territory of the United States against
limited ballistic missile attack.
(5) Comparison with non-boost systems.--The study shall
include an assessment of the performance and operational
capabilities of non-boost missile defense systems to counter
the scenarios identified in paragraph (4). The results under
this paragraph shall be compared to the results under
paragraph (4). For purposes of this paragraph, non-boost
missile defense systems include--
[[Page 20818]]
(A) the Patriot PAC-3 system and the Medium Extended Air
Defense System follow-on system;
(B) the Aegis Ballistic Missile Defense system, with all
variants of the Standard Missile-3 interceptor;
(C) the Terminal High Altitude Area Defense system; and
(D) the Ground-based Midcourse Defense system.
(c) Report.--
(1) In general.--Upon the completion of the study required
by subsection (a), but not later than October 31, 2010, the
National Academy of Sciences shall submit to the Secretary of
Defense and the congressional defense committees a report on
the study. The report shall include such recommendations
regarding the future direction of the boost-phase ballistic
missile defense programs of the United States as the Academy
considers appropriate.
(2) Form.--The report under paragraph (1) shall be
submitted to the congressional defense committees in
unclassified form, but may include a classified annex.
(d) Funding.--Of the funds appropriated pursuant to the
authorization of appropriations in section 201(4) for
research, development, test, and evaluation, Defense-wide,
and available for the Missile Defense Agency, $3,500,000 may
be available to conduct the study required by subsection (a).
(e) Cooperation From Government.--In carrying out the
study, the National Academy of Sciences shall receive the
full and timely cooperation of the Secretary of Defense and
any other Federal Government official in providing the
Academy with analyses, briefings, and other information
necessary for the fulfillment of its responsibilities.
SEC. 233. LIMITATION ON AVAILABILITY OF FUNDS FOR
PROCUREMENT, CONSTRUCTION, AND DEPLOYMENT OF
MISSILE DEFENSES IN EUROPE.
(a) General Limitation.--No funds authorized to be
appropriated by this Act or otherwise made available for the
Department of Defense for fiscal year 2009 or any fiscal year
thereafter may be obligated or expended for procurement, site
activation, construction, preparation of equipment for, or
deployment of a long-range missile defense system in Europe
until the following conditions have been met:
(1) In the case of the proposed midcourse radar element of
such missile defense system, the host nation has signed and
ratified the missile defense basing agreement and status of
forces agreement that allow for the stationing in such nation
of the radar and personnel to carry out the proposed
deployment.
(2) In the case of the proposed long-range missile defense
interceptor site element of such missile defense system--
(A) the condition in paragraph (1) has been met; and
(B) the host nation has signed and ratified the missile
defense basing agreement and status of forces agreement that
allow for the stationing in such nation of the interceptor
site and personnel to carry out the proposed deployment.
(3) In the case of either element of such missile defense
system described in paragraph (1) or (2), 45 days have
elapsed following the receipt by the congressional defense
committees of the report required by section 226(c)(6) of the
National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 122 Stat. 42).
(b) Additional Limitation.--In addition to the limitation
in subsection (a), no funds authorized to be appropriated by
this Act or otherwise made available for the Department of
Defense for fiscal year 2009 may be obligated or expended for
the acquisition (other than initial long-lead procurement) or
deployment of operational missiles of a long-range missile
defense system in Europe until the Secretary of Defense,
after receiving the views of the Director of Operational Test
and Evaluation, submits to the congressional defense
committees a report certifying that the proposed interceptor
to be deployed as part of such missile defense system has
demonstrated, through successful, operationally realistic
flight testing, a high probability of working in an
operationally effective manner and the ability to accomplish
the mission.
(c) Construction.--Nothing in this section shall be
construed to limit continuing obligation and expenditure of
funds for missile defense, including for research and
development and for other activities not otherwise limited by
subsection (a) or (b), including, but not limited to, site
surveys, studies, analysis, and planning and design for the
proposed missile defense deployment in Europe.
SEC. 234. REVIEW OF THE BALLISTIC MISSILE DEFENSE POLICY AND
STRATEGY OF THE UNITED STATES.
(a) Review Required.--The Secretary of Defense shall
conduct a review of the ballistic missile defense policy and
strategy of the United States.
(b) Elements.--The matters addressed by the review required
by subsection (a) shall include the following:
(1) The ballistic missile defense policy of the United
States in relation to the overall national security policy of
the United States.
(2) The ballistic missile defense strategy and objectives
of the United States in relation to the national security
strategy of the United States and the military strategy of
the United States.
(3) The ballistic missile threat to the United States,
deployed forces of the United States, and friends and allies
of the United States from short, medium, intermediate, and
long-range ballistic missile threats.
(4) The organization, discharge, and oversight of
acquisition for the ballistic missile defense programs of the
United States.
(5) The roles and responsibilities of the Office of the
Secretary of Defense, defense agencies, combatant commands,
the Joint Chiefs of Staff, and the military departments in
such programs.
(6) The process for determining requirements for missile
defense capabilities under such programs, including input
from the joint military requirements process.
(7) The process for determining the force structure and
inventory objectives for such programs.
(8) Standards for the military utility, operational
effectiveness, suitability, and survivability of the
ballistic missile defense systems of the United States.
(9) The method in which resources for the ballistic missile
defense mission are planned, programmed, and budgeted within
the Department of Defense.
(10) The near-term and long-term affordability and cost-
effectiveness of such programs.
(11) The objectives, requirements, and standards for test
and evaluation with respect to such programs.
(12) Accountability, transparency, and oversight with
respect to such programs.
(13) The role of international cooperation on missile
defense in the ballistic missile defense policy and strategy
of the United States.
(14) Any other matters the Secretary determines relevant.
(c) Report.--
(1) In general.--Not later than January 31, 2010, the
Secretary shall submit to Congress a report setting forth the
results of the review required by subsection (a).
(2) Form.--The report required by this subsection shall be
in unclassified form, but may include a classified annex.
SEC. 235. AIRBORNE LASER SYSTEM.
(a) Report on Director of Operational Test and Evaluation
Assessment of Testing.--Not later than January 15, 2010, the
Director of Operational Test and Evaluation shall--
(1) review and evaluate the testing conducted on the first
Airborne Laser System aircraft, including the planned shoot-
down demonstration testing; and
(2) submit to the Secretary of Defense and to Congress an
assessment by the Director of the operational effectiveness,
suitability, and survivability of the Airborne Laser System.
(b) Limitation on Availability of Funds for Later Airborne
Laser System Aircraft.--No funds appropriated pursuant to an
authorization of appropriations or otherwise made available
for the Department of Defense may be obligated or expended
for the procurement of a second or subsequent aircraft for
the Airborne Laser System program until the later of the
following dates:
(1) The date on which the Secretary of Defense, after
receiving the assessment under subsection (a)(2), submits to
Congress a certification that the Airborne Laser System has
demonstrated, through successful testing and operational and
cost analysis, a high probability of being operationally
effective, suitable, survivable, and affordable.
(2) The date that is 60 days after the date on which
Congress receives the independent assessment of boost-phase
missile defense required by section 232.
SEC. 236. ACTIVATION AND DEPLOYMENT OF AN/TPY-2 FORWARD-BASED
X-BAND RADAR.
(a) Availability of Funds.--Subject to subsection (b), of
the amount authorized to be appropriated by section 201(4)
for research, development, test, and evaluation, Defense-wide
activities, up to $89,000,000 may be available for Ballistic
Missile Defense Sensors for the activation and deployment of
the AN/TPY-2 forward-based X-band radar to a classified
location.
(b) Limitation.--
(1) In general.--Funds may not be available under
subsection (a) for the purpose specified in that subsection
until the Secretary of Defense submits to the Committees on
Armed Services of the Senate and the House of Representatives
a report on the deployment of the AN/TPY-2 forward-based X-
band radar as described in that subsection, including:
(A) The location of deployment of the radar.
(B) A description of the operational parameters of the
deployment of the radar, including planning for force
protection.
(C) A description of any recurring and non-recurring
expenses associated with the deployment of the radar.
(D) A description of the cost-sharing arrangements between
the United States and the country in which the radar will be
deployed regarding the expenses described in subparagraph
(C).
(E) A description of the other terms and conditions of the
agreement between the
[[Page 20819]]
United States and such country regarding the deployment of
the radar.
(2) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
Subtitle D--Reports
SEC. 241. BIENNIAL REPORTS ON JOINT AND SERVICE CONCEPT
DEVELOPMENT AND EXPERIMENTATION.
(a) In General.--Section 485 of title 10, United States
Code, is amended to read as follows:
``Sec. 485. Joint and service concept development and
experimentation
``(a) Biennial Reports Required.--Not later than January 1
of each even numbered-year, the Secretary of Defense or the
Secretary's designee shall submit to the congressional
defense committees a report on the conduct and outcomes of
joint and service concept development and experimentation.
``(b) Matters To Be Included.--Each report under subsection
(a) shall include the following:
``(1) A description of any changes since the latest report
submitted under this section to each of the following:
``(A) The organization of the Department of Defense
responsible for executing the mission of joint concept
development and experimentation, or its specific authorities
related to that mission.
``(B) The process for tasking forces (including forces
designated as joint experimentation forces) to participate in
joint concept development and experimentation, and the
specific authority of the organization responsible for
executing the mission of joint concept development and
experimentation over those forces.
``(C) The resources provided for initial implementation of
joint concept development and experimentation, the process
for providing such resources to the organization responsible
for executing the mission of joint concept development and
experimentation, the categories of funding for joint concept
development and experimentation, and the authority of the
organization responsible for executing the mission of joint
concept development and experimentation for budget execution
for such activities.
``(D) The assigned role of the organization responsible for
executing the mission of joint concept development and
experimentation for--
``(i) integrating and testing in joint concept development
and experimentation the systems that emerge from warfighting
experimentation by the armed forces and the Defense Agencies;
``(ii) assessing the effectiveness of organizational
structures, operational concepts, and technologies relating
to joint concept development and experimentation; and
``(iii) assisting the Secretary of Defense and the Chairman
of the Joint Chiefs of Staff in setting priorities for
requirements or acquisition programs in light of joint
concept development and experimentation.
``(2) A description of the conduct of joint concept
development and experimentation activities, and of concept
development and experimentation activities of each of the
military departments, during the two-year period ending on
the date of such report, including--
``(A) the funding involved;
``(B) the number of activities engaged in;
``(C) the forces involved;
``(D) the national and homeland security challenges
addressed;
``(E) the operational concepts assessed;
``(F) the technologies assessed;
``(G) the scenarios and measures of effectiveness utilized;
and
``(H) specific interactions under such activities with the
commanders of the combatant commands and with other
organizations and entities inside and outside the Department.
``(3) A description of the conduct of joint concept
development and experimentation, and of the conduct of
concept development and experimentation by each of the
military departments, during the two-year period ending on
the date of such report with respect to the development of
warfighting concepts for operational scenarios more than 10
years in the future, including--
``(A) the funding involved;
``(B) the number of activities engaged in;
``(C) the forces involved;
``(D) the challenges addressed;
``(E) the operational concepts assessed;
``(F) the technologies assessed;
``(G) the scenarios and measures of effectiveness utilized;
and
``(H) specific interactions with the commanders of the
combatant commands and with other organizations and entities
inside and outside the Department.
``(4) A description of the mechanisms used to coordinate
joint, service, interagency, Coalition, and other appropriate
concept development and experimentation activities.
``(5) An assessment of the return on investment in concept
development and experimentation activities, including a
description of the following:
``(A) Specific outcomes and impacts within the Department
of the results of past joint and service concept development
and experimentation in terms of new doctrine, operational
concepts, organization, training, materiel, leadership,
personnel, or the allocation of resources, or in activities
that terminated support for legacy concepts, programs, or
systems.
``(B) Specific actions taken to implement the
recommendations of the Commander of United States Joint
Forces Command based on joint concept development and
experimentation activities.
``(6) Such recommendations (based primarily on the results
of joint and service concept development and experimentation)
as the Secretary considers appropriate for enhancing the
development of joint warfighting capabilities by modifying
activities throughout the Department relating to--
``(A) the development or acquisition of specific advanced
technologies, systems, or weapons or systems platforms;
``(B) key systems attributes and key performance parameters
for the development or acquisition of advanced technologies
and systems;
``(C) joint or service doctrine, organization, training,
materiel, leadership development, personnel, or facilities;
``(D) the reduction or elimination of redundant equipment
and forces, including the synchronization of the development
and fielding of advanced technologies among the armed forces
to enable the development and execution of joint operational
concepts; and
``(E) the development or modification of initial
capabilities documents, operational requirements, and
relative priorities for acquisition programs to meet joint
requirements.
``(7) With respect to improving the effectiveness of joint
concept development and experimentation capabilities, such
recommendations (based primarily on the results of joint
warfighting experimentation) as the Secretary considers
appropriate regarding--
``(A) the conduct of, adequacy of resources for, or
development of technologies to support such capabilities; and
``(B) changes in support from other elements of the
Department responsible for concept development and
experimentation by joint or service organizations.
``(8) The coordination of the concept development and
experimentation activities of the Commander of the United
States Joint Forces Command with the activities of the
Commander of the North Atlantic Treaty Organization Supreme
Allied Command Transformation.
``(9) Any other matters that the Secretary consider
appropriate.
``(c) Coordination and Support.--The Secretary of Defense
shall ensure that the Secretaries of the military departments
and the heads of other appropriate elements of the Department
of Defense provide such information and support as is
required for the preparation of the reports required by this
section.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 23 of such title is amended by striking
the item relating to section 485 and inserting the following
new item:
``485. Joint and service concept development and experimentation.''.
SEC. 242. REPORT ON PARTICIPATION OF THE HISTORICALLY BLACK
COLLEGES AND UNIVERSITIES AND MINORITY-SERVING
INSTITUTIONS IN RESEARCH AND EDUCATIONAL
PROGRAMS AND ACTIVITIES OF THE DEPARTMENT OF
DEFENSE.
(a) In General.--The Secretary of Defense shall carry out
an independent assessment of the participation of covered
educational institutions in research and educational programs
and activities of the Department of Defense.
(b) Report.--Not later than 12 months after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report on the
assessment required under subsection (a).
(c) Matters Included.--The report required under subsection
(b) shall include the following:
(1) A description of research, training, technical
assistance, infrastructure support, and educational programs
and activities conducted by the Department of Defense in
support of covered educational institutions.
(2) A survey of the level of participation of covered
educational institutions in programs described in paragraph
(1), and lessons learned from the survey.
(3) An assessment of the relevance, including outcomes and
effects, of the programs and activities identified in
paragraph (1) to the research and educational programs,
activities, and missions of the Department of Defense.
(4) An assessment of additional activities by the
Department of Defense that support covered educational
institutions whose primary focus is the training and
educating of minority scientists, engineers, and technicians.
(5) An assessment of barriers to the participation of
covered educational institutions in the research and
educational programs and activities of the Department of
Defense.
(6) Recommendations to increase the capacity of covered
educational institutions to participate in research and
educational programs and activities that are critical to the
[[Page 20820]]
national security functions of the Department of Defense.
(7) Any other matters the Secretary of Defense considers
appropriate.
(d) Cooperation of Defense Organizations.--The Secretary of
Defense shall ensure that the relevant elements of the
Department of Defense provide all information necessary for
the completion of the assessment required under subsection
(a).
(e) Definitions.--In this section:
(1) The term ``covered educational institutions'' means--
(A) a historically Black college or university that is a
part B institution, as defined in section 322(2) of the
Higher Education Act of 1965 (20 U.S.C. 1061(2));
(B) a minority institution, as defined in section 365(3) of
that Act (20 U.S.C. 1067k(3));
(C) a Hispanic-serving institution, as defined in section
502(a)(5) of that Act (20 U.S.C. 1101a(a)(5));
(D) a Tribal College or University, as defined in section
316(b)(3) of that Act (20 U.S.C. 1059c(b)(3)); and
(E) other minority postsecondary institutions.
(2) The term ``research and educational programs and
activities'' includes programs and activities relating to
research, development, test, and evaluation and education.
SEC. 243. REPORT ON DEPARTMENT OF DEFENSE RESPONSE TO
FINDINGS AND RECOMMENDATIONS OF THE DEFENSE
SCIENCE BOARD TASK FORCE ON DIRECTED ENERGY
WEAPONS.
(a) Report Required.--Not later than January 1, 2010, the
Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives a report on the implementation
of the recommendations of the Defense Science Board Task
Force on Directed Energy Weapons.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) An analysis of each of the findings and recommendations
of the Defense Science Board Task Force on Directed Energy
Weapons.
(2) A detailed description of the response of the
Department of Defense to each finding and recommendation of
the Task Force, including--
(A) for each recommendation that is being implemented or
that the Secretary plans to implement--
(i) a summary of actions that have been taken to implement
such recommendation; and
(ii) a schedule, with specific milestones, for completing
the implementation of such recommendation; and
(B) for each recommendation that the Secretary does not
plan to implement--
(i) the reasons for the decision not to implement such
recommendation; and
(ii) a summary of the alternative actions the Secretary
plans to take to address the purposes underlying such
recommendation.
(3) A summary of any additional actions the Secretary plans
to take to address concerns raised by the Task Force.
Subtitle E--Other Matters
SEC. 251. MODIFICATION OF SYSTEMS SUBJECT TO SURVIVABILITY
TESTING OVERSIGHT BY THE DIRECTOR OF
OPERATIONAL TEST AND EVALUATION.
(a) Authority To Designate Additional Systems as Major
Systems and Programs Subject to Testing.--Section 2366(e)(1)
of title 10, United States Code, is amended to read as
follows:
``(1) The term `covered system' means--
``(A) a vehicle, weapon platform, or conventional weapon
system that--
``(i) includes features designed to provide some degree of
protection to users in combat; and
``(ii) is a major system as defined in section 2302(5) of
this title; or
``(B) any other system or program designated by the
Secretary of Defense for purposes of this section.''.
(b) Revision to Report Requirement.--Section 2366(d) of
such title is amended--
(1) by inserting ``(1)'' before ``At the conclusion''; and
(2) by adding at the end the following new paragraph:
``(2) If a decision is made within the Department of
Defense to proceed to operational use of a system, or to make
procurement funds available for a system, before Milestone C
approval of that system, the Secretary of Defense shall
submit to the congressional defense committees, as soon as
practicable after such decision, the following:
``(A) A report describing the status of survivability and
live fire testing of that system.
``(B) The report required under paragraph (1).''.
(c) Force Protection Equipment.--Section 139(b) of such
title is amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraphs (4) through (7) as
paragraphs (3) through (6), respectively.
SEC. 252. TECHNOLOGY-NEUTRAL INFORMATION TECHNOLOGY
GUIDELINES AND STANDARDS TO SUPPORT FULLY
INTEROPERABLE ELECTRONIC PERSONAL HEALTH
INFORMATION FOR THE DEPARTMENT OF DEFENSE AND
DEPARTMENT OF VETERANS AFFAIRS.
Section 1635 of the Wounded Warrior Act (title XVI of
Public Law 110-181; 122 Stat. 460; 10 U.S.C. 1071 note) is
amended--
(1) in subsection (h)(1), by adding at the end the
following new subparagraphs:
``(C) A description and analysis of the level of
interoperability and security of technologies for sharing
healthcare information among the Department of Defense, the
Department of Veterans Affairs, and their transaction
partners.
``(D) A description and analysis of the problems the
Department of Defense and the Department of Veterans Affairs
are having with, and the progress such departments are making
toward, ensuring interoperable and secure healthcare
information systems and electronic healthcare records.''; and
(2) by adding at the end the following new subsection:
``(j) Technology-Neutral Guidelines and Standards.--The
Director, in consultation with industry and appropriate
Federal agencies, shall develop, or shall adopt from
industry, technology-neutral information technology
infrastructure guidelines and standards for use by the
Department of Defense and the Department of Veterans Affairs
to enable those departments to effectively select and utilize
information technologies to meet the requirements of this
section.''.
SEC. 253. ASSESSMENT OF TECHNOLOGY TRANSITION PROGRAMS AND
REPEAL OF REPORTING REQUIREMENT.
(a) Assessment and Report Required.--
(1) In general.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics shall assess the
feasibility of consolidating the various technology
transition programs in the Department of Defense into a
unified effort managed by a senior official of the
Department.
(2) Programs included.--The assessment required by
paragraph (1) shall include--
(A) the technology transition programs managed or overseen
by the Secretary of Defense; and
(B) as the Under Secretary considers appropriate, the
technology transition programs of the military departments.
(3) Report.--Not later than October 1, 2009, the Under
Secretary shall submit to the congressional defense
committees a report on the assessment required by paragraph
(1). The report shall include the following:
(A) A description of each of the technology transition
programs considered as part of the assessment.
(B) An evaluation of the extent to which each technology
transition program fulfills its intended mission and supports
effective and efficient technology transition.
(C) For each technology transition program considered in
the assessment, a summary of the funding available for the
five fiscal years preceding the date on which the report is
submitted.
(D) The conclusion of the Under Secretary as to whether
there are any benefits in consolidating the technology
transition programs into a unified effort managed by a senior
official of the Department of Defense.
(E) Recommendations to add, repeal, or amend statutes or
regulations in order to more effectively enable technology
transition.
(F) Recommendations regarding the appropriate management
structure, fiscal controls, and stakeholder engagement
required to ensure that a unified technology transition
program will cost-effectively and efficiently enable
technology transition.
(b) Reporting Requirement Repealed.--Section 2359a of title
10, United States Code, is amended--
(1) by striking subsection (h); and
(2) by redesignating subsection (i) as subsection (h).
SEC. 254. TRUSTED DEFENSE SYSTEMS.
(a) Vulnerability Assessment Required.--The Secretary of
Defense shall conduct an assessment of selected covered
acquisition programs to identify vulnerabilities in the
supply chain of each program's electronics and information
processing systems that potentially compromise the level of
trust in the systems. Such assessment shall--
(1) identify vulnerabilities at multiple levels of the
electronics and information processing systems of the
selected programs, including microcircuits, software, and
firmware;
(2) prioritize the potential vulnerabilities and effects of
the various elements and stages of the system supply chain to
identify the most effective balance of investments to
minimize the effects of compromise;
(3) provide recommendations regarding ways of managing
supply chain risk for covered acquisition programs; and
(4) identify the appropriate lead person, and supporting
elements, within the Department of Defense for the
development of an integrated strategy for managing risk in
the supply chain for covered acquisition programs.
(b) Assessment of Methods for Verifying the Trust of
Semiconductors Procured From Commercial Sources.--The Under
Secretary of Defense for Acquisition, Technology, and
Logistics, in consultation with appropriate elements of the
Department of Defense, the intelligence community, private
industry, and academia, shall conduct an assessment of
various methods of verifying the
[[Page 20821]]
trust of semiconductors procured by the Department of Defense
from commercial sources for use in mission-critical
components of potentially vulnerable defense systems. The
assessment shall include the following:
(1) An identification of various methods of verifying the
trust of semiconductors, including methods under development
at the Defense Agencies, government laboratories,
institutions of higher education, and in the private sector.
(2) A determination of the methods identified under
paragraph (1) that are most suitable for the Department of
Defense.
(3) An assessment of the additional research and technology
development needed to develop methods of verifying the trust
of semiconductors that meet the needs of the Department of
Defense.
(4) Any other matters that the Under Secretary considers
appropriate.
(c) Strategy Required.--
(1) In general.--The lead person identified under
subsection (a)(4), in cooperation with the supporting
elements also identified under such subsection, shall develop
an integrated strategy--
(A) for managing risk--
(i) in the supply chain of electronics and information
processing systems for covered acquisition programs; and
(ii) in the procurement of semiconductors; and
(B) that ensures dependable, continuous, long-term access
and trust for all mission-critical semiconductors procured
from both foreign and domestic sources.
(2) Requirements.--At a minimum, the strategy shall--
(A) address the vulnerabilities identified by the
assessment under subsection (a);
(B) reflect the priorities identified by such assessment;
(C) provide guidance for the planning, programming,
budgeting, and execution process in order to ensure that
covered acquisition programs have the necessary resources to
implement all appropriate elements of the strategy;
(D) promote the use of verification tools, as appropriate,
for ensuring trust of commercially acquired systems;
(E) increase use of trusted foundry services, as
appropriate; and
(F) ensure sufficient oversight in implementation of the
plan.
(d) Policies and Actions for Assuring Trust in Integrated
Circuits.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall--
(1) develop policy requiring that trust assurance be a high
priority for covered acquisition programs in all phases of
the electronic component supply chain and integrated circuit
development and production process, including design and
design tools, fabrication of the semiconductors, packaging,
final assembly, and test;
(2) develop policy requiring that programs whose
electronics and information systems are determined to be
vital to operational readiness or mission effectiveness are
to employ trusted foundry services to fabricate their custom
designed integrated circuits, unless the Secretary
specifically authorizes otherwise;
(3) incorporate the strategies and policies of the
Department of Defense regarding development and use of
trusted integrated circuits into all relevant Department
directives and instructions related to the acquisition of
integrated circuits and programs that use such circuits; and
(4) take actions to promote the use and development of
tools that verify the trust in all phases of the integrated
circuit development and production process of mission-
critical parts acquired from non-trusted sources.
(e) Submission to Congress.--Not later than 12 months after
the date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense
committees--
(1) the assessments required by subsections (a) and (b);
(2) the strategy required by subsection (c); and
(3) a description of the policies developed and actions
taken under subsection (d).
(f) Definitions.--In this section:
(1) The term ``covered acquisition programs'' means an
acquisition program of the Department of Defense that is a
major system for purposes of section 2302(5) of title 10,
United States Code.
(2) The terms ``trust'' and ``trusted'' refer, with respect
to electronic and information processing systems, to the
ability of the Department of Defense to have confidence that
the systems function as intended and are free of exploitable
vulnerabilities, either intentionally or unintentionally
designed or inserted as part of the system at any time during
its life cycle.
(3) The term ``trusted foundry services'' means the program
of the National Security Agency and the Department of
Defense, or any similar program approved by the Secretary of
Defense, for the development and manufacture of integrated
circuits for critical defense systems in secure industrial
environments.
SEC. 255. CAPABILITIES-BASED ASSESSMENT TO OUTLINE A JOINT
APPROACH FOR FUTURE DEVELOPMENT OF VERTICAL
LIFT AIRCRAFT AND ROTORCRAFT.
(a) Assessment Required.--The Secretary of Defense and the
Chairman of the Joint Chiefs of Staff shall carry out a
capabilities-based assessment that outlines a joint approach
to the future development of vertical lift aircraft and
rotorcraft for all of the Armed Forces. The assessment
shall--
(1) address critical technologies required for future
development, including a technology roadmap;
(2) include the development of a detailed science and
technology investment and implementation plan and an
identification of the resources required to implement such
plan; and
(3) include the development of a strategic plan that--
(A) formalizes the strategic vision of the Department of
Defense for the next generation of vertical lift aircraft and
rotorcraft;
(B) establishes joint requirements for the next generation
of vertical lift aircraft and rotorcraft technology; and
(C) emphasizes the development of common service
requirements.
(b) Report.--The Secretary and the Chairman shall submit to
the congressional defense committees a report on the
assessment under subsection (a). The report shall include--
(1) the technology roadmap referred to in subsection
(a)(1);
(2) the plan and the identification of resources referred
to in subsection (a)(2);
(3) the strategic plan referred to in subsection (a)(3);
and
(4) a detailed plan to establish a Joint Vertical Lift
Aircraft/Rotorcraft Office based on lessons learned from the
Joint Advanced Strike Technology Office.
SEC. 256. EXECUTIVE AGENT FOR PRINTED CIRCUIT BOARD
TECHNOLOGY.
(a) Executive Agent.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
designate a senior official of the Department of Defense to
act as the executive agent for printed circuit board
technology.
(b) Roles, Responsibilities, and Authorities.--
(1) Establishment.--Not later than one year after the date
of the enactment of this Act, and in accordance with
Directive 5101.1, the Secretary of Defense shall prescribe
the roles, responsibilities, and authorities of the executive
agent designated under subsection (a).
(2) Specification.--The roles and responsibilities of the
executive agent designated under subsection (a) shall include
each of the following:
(A) Development and maintenance of a printed circuit board
and interconnect technology roadmap that ensures that the
Department of Defense has access to the manufacturing
capabilities and technical expertise necessary to meet future
military requirements regarding such technology.
(B) Development of recommended funding strategies necessary
to meet the requirements of the roadmap developed under
subparagraph (A).
(C) Assessment of the vulnerabilities, trustworthiness, and
diversity of the printed circuit board supply chain,
including the development of trustworthiness requirements for
printed circuit boards used in defense systems, and to
develop strategies to address matters that are identified as
a result of such assessment.
(D) Such other roles and responsibilities as the Secretary
of Defense considers appropriate.
(c) Support Within Department of Defense.--In accordance
with Directive 5101.1, the Secretary of Defense shall ensure
that the military departments, Defense Agencies, and other
components of the Department of Defense provide the executive
agent designated under subsection (a) with the appropriate
support and resources needed to perform the roles,
responsibilities, and authorities of the executive agent.
(d) Definitions.--In this section:
(1) The term ``Directive 5101.1'' means Department of
Defense Directive 5101.1, or any successor directive relating
to the responsibilities of an executive agent of the
Department of Defense.
(2) The term ``executive agent'' has the meaning given the
term ``DoD Executive Agent'' in Directive 5101.1.
SEC. 257. REVIEW OF CONVENTIONAL PROMPT GLOBAL STRIKE
TECHNOLOGY APPLICATIONS AND CONCEPTS.
(a) Availability of Funds for Prompt Global Strike
Capability Development.--Notwithstanding any other provision
of this Act, funds for conventional prompt global strike
capability development are authorized by this Act only for
those activities expressly delineated in the expenditure plan
for fiscal years 2008 and 2009 that was required by section
243 of the National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181; 122 Stat. 51; 10 U.S.C. 113 note)
and submitted to the congressional defense committees and
dated March 24, 2008, those activities for which funds are
authorized to be appropriated in this Act, or those
activities otherwise expressly authorized by Congress.
[[Page 20822]]
(b) Report on Technology Applications.--Not later than
April 1, 2009, the Secretary of Defense shall submit to the
congressional defense committees a report that contains--
(1) a description of the technology applications developed
pursuant to conventional prompt global strike activities
during fiscal year 2009; and
(2) for each such technology application, the conventional
prompt global strike concept towards which the application
could be applied.
(c) Review of Conventional Prompt Global Strike Concepts.--
The Secretary of Defense shall, in consultation with the
Secretary of State, conduct a review of each nonnuclear
prompt global strike concept with respect to which the
President requests funding in the budget of the President for
fiscal year 2010 (as submitted to Congress pursuant to
section 1105 of title 31, United States Code).
(d) Elements of Review.--The review required by subsection
(c) shall include, for each concept described in that
subsection, the following:
(1) The full cost of demonstrating such concept.
(2) An assessment of any policy, legal, or treaty-related
issues that could arise during the course of, or as a result
of, deployment of each concept and recommendations to address
such issues.
(3) The extent to which the concept could be misconstrued
as a nuclear weapon or delivery system and recommendations to
mitigate the risk of such a misconstrual.
(4) An assessment of the potential basing and deployment
options for the concept.
(5) A description of the types of targets against which the
concept might be used.
(6) An assessment of the adequacy of the intelligence that
would be needed to support an attack involving the concept.
(e) Report on Conventional Prompt Global Strike Concepts.--
Not later than September 1, 2009, the Secretary of Defense
shall submit to the congressional defense committees a report
setting forth the results of the review required by
subsection (c).
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Subtitle B--Environmental Provisions
Sec. 311. Authorization for Department of Defense participation in
conservation banking programs.
Sec. 312. Reimbursement of Environmental Protection Agency for certain
costs in connection with Moses Lake Wellfield Superfund
Site, Moses Lake, Washington.
Sec. 313. Expand cooperative agreement authority for management of
natural resources to include off-installation mitigation.
Sec. 314. Expedited use of appropriate technology related to unexploded
ordnance detection.
Sec. 315. Closed loop re-refining of used motor vehicle lubricating
oil.
Sec. 316. Comprehensive program for the eradication of the brown tree
snake population from military facilities in Guam.
Subtitle C--Workplace and Depot Issues
Sec. 321. Comprehensive analysis and development of single Government-
wide definition of inherently governmental function and
criteria for critical functions.
Sec. 322. Study on future depot capability.
Sec. 323. Government Accountability Office review of high-performing
organizations.
Sec. 324. Consolidation of Air Force and Air National Guard aircraft
maintenance.
Sec. 325. Report on Air Force civilian personnel consolidation plan.
Sec. 326. Report on reduction in number of firefighters on Air Force
bases.
Sec. 327. Minimum capital investment for certain depots.
Subtitle D--Energy Security
Sec. 331. Annual report on operational energy management and
implementation of operational energy strategy.
Sec. 332. Consideration of fuel logistics support requirements in
planning, requirements development, and acquisition
processes.
Sec. 333. Study on solar and wind energy for use for expeditionary
forces.
Sec. 334. Study on alternative and synthetic fuels.
Sec. 335. Mitigation of power outage risks for Department of Defense
facilities and activities.
Subtitle E--Reports
Sec. 341. Comptroller General report on readiness of Armed Forces.
Sec. 342. Report on plan to enhance combat skills of Navy and Air Force
personnel.
Sec. 343. Comptroller General report on the use of the Army Reserve and
National Guard as an operational reserve.
Sec. 344. Comptroller General report on link between preparation and
use of Army reserve component forces to support ongoing
operations.
Sec. 345. Comptroller General report on adequacy of funding, staffing,
and organization of Department of Defense Military
Munitions Response Program.
Subtitle F--Other Matters
Sec. 351. Extension of Enterprise Transition Plan reporting
requirement.
Sec. 352. Demilitarization of loaned, given, or exchanged documents,
historical artifacts, and condemned or obsolete combat
materiel.
Sec. 353. Repeal of requirement that Secretary of Air Force provide
training and support to other military departments for A-
10 aircraft.
Sec. 354. Display of annual budget requirements for Air Sovereignty
Alert Mission.
Sec. 355. Revision of certain Air Force regulations required.
Sec. 356. Transfer of C-12 aircraft to California Department of
Forestry and Fire Protection.
Sec. 357. Limitation on treatment of retired B-52 aircraft for Air
Combat Command headquarters.
Sec. 358. Increase of domestic breeding of military working dogs used
by the Department of Defense.
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal
year 2009 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for operation and
maintenance, in amounts as follows:
(1) For the Army, $31,251,702,000.
(2) For the Navy, $34,850,310,000.
(3) For the Marine Corps, $5,604,254,000.
(4) For the Air Force, $35,454,487,000.
(5) For Defense-wide activities, $25,948,864,000.
(6) For the Army Reserve, $2,642,341,000.
(7) For the Naval Reserve, $1,311,085,000.
(8) For the Marine Corps Reserve, $213,131,000.
(9) For the Air Force Reserve, $3,150,692,000.
(10) For the Army National Guard, $5,893,546,000.
(11) For the Air National Guard, $5,882,326,000.
(12) For the United States Court of Appeals for the Armed
Forces, $13,254,000.
(13) For Environmental Restoration, Army, $447,776,000.
(14) For Environmental Restoration, Navy, $290,819,000.
(15) For Environmental Restoration, Air Force,
$496,277,000.
(16) For Environmental Restoration, Defense-wide,
$13,175,000.
(17) For Environmental Restoration, Formerly Used Defense
Sites, $257,796,000.
(18) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $83,273,000.
(19) For Cooperative Threat Reduction programs,
$434,135,000.
(20) For the Overseas Contingency Operations Transfer Fund,
$9,101,000.
Subtitle B--Environmental Provisions
SEC. 311. AUTHORIZATION FOR DEPARTMENT OF DEFENSE
PARTICIPATION IN CONSERVATION BANKING PROGRAMS.
(a) Participation Authorized.--Chapter 159 of title 10,
United States Code, is amended by inserting after section
2694b the following new section:
``Sec. 2694c. Participation in conservation banking programs
``(a) Authority to Participate.--Subject to the
availability of appropriated funds to carry out this section,
the Secretary concerned, when engaged or proposing to engage
in an activity described in subsection (b) that may or will
result in an adverse impact to one or more species protected
(or pending protection) under any applicable provision of
law, or habitat for such species, may make payments to a
conservation banking program or `in-lieu-fee' mitigation
sponsor approved in accordance with--
``(1) the Federal Guidance for the Establishment, Use and
Operation of Mitigation Banks (60 Fed. Reg. 58605; November
28, 1995);
``(2) the Guidance for the Establishment, Use, and
Operation of Conservation Banks (68 Fed. Reg. 24753; May 2,
2003);
``(3) the Federal Guidance on the Use of In-Lieu-Fee
Arrangements for Compensatory Mitigation Under Section 404 of
the Clean Water Act and Section 10 of the Rivers and Harbors
Act (65 Fed. Reg. 66915; November 7, 2000); or
``(4) any successor or related administrative guidance or
regulation.
``(b) Covered Activities.--Payments to a conservation
banking program or `in-lieu-fee' mitigation sponsor under
subsection (a) may be made only for the purpose of
facilitating one or more of the following activities:
``(1) Military testing, operations, training, or other
military activity.
``(2) Military construction.
``(c) Treatment of Amounts for Conservation Banking.--
Payments made under
[[Page 20823]]
subsection (a) to a conservation banking program or `in-lieu-
fee' mitigation sponsor for the purpose of facilitating
military construction may be treated as eligible costs of the
military construction project.
``(d) Secretary Concerned Defined.--In this section, the
term `Secretary concerned' means--
``(1) the Secretary of a military department; and
``(2) the Secretary of Defense with respect to a Defense
Agency.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2694b the following new item:
``2694c. Participation in conservation banking programs.''.
(c) Effective Date.--Section 2694c of title 10, United
States Code, as added by subsection (a), shall take effect on
October 1, 2008, and only funds appropriated for fiscal years
beginning after September 30, 2008, may be used to carry out
such section.
SEC. 312. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY
FOR CERTAIN COSTS IN CONNECTION WITH MOSES LAKE
WELLFIELD SUPERFUND SITE, MOSES LAKE,
WASHINGTON.
(a) Authority To Reimburse.--
(1) Transfer amount.--Using funds described in subsection
(b) and notwithstanding section 2215 of title 10, United
States Code, the Secretary of Defense may transfer not more
than $64,049.40 during fiscal year 2009 to the Moses Lake
Wellfield Superfund Site 10-6J Special Account.
(2) Purpose of reimbursement.--The payment under paragraph
(1) is to reimburse the Environmental Protection Agency for
its costs incurred in overseeing a remedial investigation/
feasibility study performed by the Department of the Army
under the Defense Environmental Restoration Program at the
former Larson Air Force Base, Moses Lake Superfund Site,
Moses Lake, Washington.
(3) Interagency agreement.--The reimbursement described in
paragraph (2) is provided for in the interagency agreement
entered into by the Department of the Army and the
Environmental Protection Agency for the Moses Lake Wellfield
Superfund Site in March 1999.
(b) Source of Funds.--Any payment under subsection (a)
shall be made using funds authorized to be appropriated by
section 301(17) for operation and maintenance for
Environmental Restoration, Formerly Used Defense Sites.
(c) Use of Funds.--The Environmental Protection Agency
shall use the amount transferred under subsection (a) to pay
costs incurred by the Agency at the Moses Lake Wellfield
Superfund Site.
SEC. 313. EXPAND COOPERATIVE AGREEMENT AUTHORITY FOR
MANAGEMENT OF NATURAL RESOURCES TO INCLUDE OFF-
INSTALLATION MITIGATION.
Section 103a(a) of the Sikes Act (16 U.S.C. 670c-1(a)) is
amended--
(1) by striking ``to provide for the'' and inserting ``to
provide for the following:
``(1) The''; and
(2) by adding at the end the following new paragraph:
``(2) The maintenance and improvement of natural resources
located off of a Department of Defense installation if the
purpose of the cooperative agreement is to relieve or
eliminate current or anticipated challenges that could
restrict, impede, or otherwise interfere with, whether
directly or indirectly, current or anticipated military
activities.''.
SEC. 314. EXPEDITED USE OF APPROPRIATE TECHNOLOGY RELATED TO
UNEXPLODED ORDNANCE DETECTION.
(a) Expedited Use of Appropriate Technologies.--The
Secretary shall expedite the use of appropriate unexploded
ordnance detection instrument technology developed through
research funded by the Department of Defense or developed by
entities other than the Department of Defense.
(b) Report.--Not later than October 1, 2009, the Secretary
shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives a report describing and evaluating the
following:
(1) The amounts allocated for research, development, test,
and evaluation for unexploded ordnance detection
technologies.
(2) The amounts allocated for transition of new unexploded
ordnance detection technologies.
(3) Activities undertaken by the Department to transition
such technologies and train operators on emerging detection
instrument technologies.
(4) Any impediments to the transition of new unexploded
ordnance detection instrument technologies to regular
operation in remediation programs.
(5) The transfer of such technologies to private sector
entities involved in the detection of unexploded ordnance.
(6) Activities undertaken by the Department to raise public
awareness regarding unexploded ordnance.
(c) Unexploded Ordnance Defined.--In this section, the term
``unexploded ordnance'' has the meaning given such term in
section 101(e)(5) of title 10, United States Code.
SEC. 315. CLOSED LOOP RE-REFINING OF USED MOTOR VEHICLE
LUBRICATING OIL.
(a) Study and Evaluation.--Not later than one year after
the date of the enactment of this Act, the Secretary of
Defense shall submit to Congress a report which reviews the
Department of Defense's policies concerning the re-use,
recycling, sale, and disposal of used motor vehicle
lubricating oil, and shall include in the report an
evaluation of the feasibility and desirability of
implementing policies to require re-use or recycling through
closed loop re-refining of used oil as a means of reducing
total indirect energy usage and greenhouse gas emissions.
(b) Definition.--For purposes of this section, the term
``closed loop re-refining'' means the sale of used oil to
entities that re-refine used oil into base oil and vehicle
lubricants that meet Department of Defense and industry
standards, and the purchase of re-refined oil produced
through such re-refining process.
SEC. 316. COMPREHENSIVE PROGRAM FOR THE ERADICATION OF THE
BROWN TREE SNAKE POPULATION FROM MILITARY
FACILITIES IN GUAM.
The Secretary of Defense shall establish a comprehensive
program to control and, to the extent practicable, eradicate
the brown tree snake population from military facilities in
Guam and to ensure that military activities, including the
transport of civilian and military personnel and equipment to
and from Guam, do not contribute to the spread of brown tree
snakes.
Subtitle C--Workplace and Depot Issues
SEC. 321. COMPREHENSIVE ANALYSIS AND DEVELOPMENT OF SINGLE
GOVERNMENT-WIDE DEFINITION OF INHERENTLY
GOVERNMENTAL FUNCTION AND CRITERIA FOR CRITICAL
FUNCTIONS.
(a) Development and Implementation.--The Director of the
Office of Management and Budget, in consultation with
appropriate representatives of the Chief Acquisition Officers
Council under section 16A of the Office of Federal
Procurement Policy Act (41 U.S.C. 414b) and the Chief Human
Capital Officers Council under section 1401 of title 5,
United States Code, shall--
(1) review the definitions of the term ``inherently
governmental function'' described in subsection (b) to
determine whether such definitions are sufficiently focused
to ensure that only officers or employees of the Federal
Government or members of the Armed Forces perform inherently
governmental functions or other critical functions necessary
for the mission of a Federal department or agency;
(2) develop a single consistent definition for such term
that would--
(A) address any deficiencies in the existing definitions,
as determined pursuant to paragraph (1);
(B) reasonably apply to all Federal departments and
agencies; and
(C) ensure that the head of each such department or agency
is able to identify each position within that department or
agency that exercises an inherently governmental function and
should only be performed by officers or employees of the
Federal Government or members of the Armed Forces;
(3) develop criteria to be used by the head of each such
department or agency to--
(A) identify critical functions with respect to the unique
missions and structure of that department or agency; and
(B) identify each position within that department or agency
that, while the position may not exercise an inherently
governmental function, nevertheless should only be performed
by officers or employees of the Federal Government or members
of the Armed Forces to ensure the department or agency
maintains control of its mission and operations;
(4) in addition to the actions described under paragraphs
(1), (2), and (3), provide criteria that would identify
positions within Federal departments and agencies that are to
be performed by officers or employees of the Federal
Government or members of the Armed Forces to ensure that the
head of each Federal department or agency--
(A) develops and maintains sufficient organic expertise and
technical capability;
(B) develops guidance to implement the definition of
inherently governmental as described in paragraph (2) and the
criteria for critical functions as described in paragraph (3)
in a manner that is consistent with agency missions and
operational goals; and
(C) develops guidance to manage internal decisions
regarding staffing in an integrated manner to ensure officers
or employees of the Federal Government or members of the
Armed Forces are filling critical management roles by
identifying--
(i) functions, activities, or positions, or some
combination thereof, or
(ii) additional mechanisms and factors, including the
management or oversight of awarded contracts, statutory
mandates, and international obligations; and
(5) solicit the views of the public regarding the matters
identified in this section.
[[Page 20824]]
(b) Definitions of Inherently Governmental Function.--The
definitions of inherently governmental function described in
this subsection are the definitions of such term that are
contained in--
(1) the Federal Activities Inventory Reform Act of 1998
(Public Law 105-270; 31 U.S.C. 501 note);
(2) section 2383 of title 10, United States Code;
(3) Office of Management and Budget Circular A-76;
(4) the Federal Acquisition Regulation; and
(5) any other relevant Federal law or regulation, as
determined by the Director of the Office of Management and
Budget in consultation with the Chief Acquisition Officers
Council and the Chief Human Capital Officers Council.
(c) Report to Congress.--Not later than one year after the
date of the enactment of this Act, the Director of the Office
of Management and Budget, in consultation with the Chief
Acquisition Officers Council and the Chief Human Capital
Officers Council, shall submit to the Committees on Armed
Services of the Senate and House of Representatives, the
Committee on Homeland Security and Governmental Affairs in
the Senate, and the Committee on Oversight and Government
Reform of the House of Representatives a report on the
actions taken by the Director under this section. Such report
shall contain each of the following:
(1) A description of the actions taken by the Director
under this section to develop a single definition of
inherently governmental function and criteria for critical
functions.
(2) Such legislative recommendations as the Director
determines are necessary to further the purposes of this
section.
(3) A description of such steps as may be necessary--
(A) to ensure that the single definition and criteria
developed under this section are consistently applied through
all Federal regulations, circulars, policy letters, agency
guidance, and other documents;
(B) to repeal any existing Federal regulations, circular,
policy letters, agency guidance and other documents
determined to be superseded by the definition and criteria
developed under this section; and
(C) to develop any necessary implementing guidance under
this section for agency staffing and contracting decisions,
along with appropriate milestones.
(d) Regulations.--Not later than 180 days after submission
of the report required by subsection (c), the Director of the
Office of Management and Budget shall issue regulations to
implement actions taken under this section to develop a
single definition of inherently governmental function and
criteria for critical functions.
SEC. 322. STUDY ON FUTURE DEPOT CAPABILITY.
(a) Study Required.--Not later than 30 days after the date
of the enactment of this Act, the Secretary of Defense shall
enter into a contract with an independent research entity
that is a not-for-profit entity or a federally-funded
research and development center with appropriate expertise in
logistics and logistics analytical capability to carry out a
study on the capability and efficiency of the depots of the
Department of Defense to provide the logistics capabilities
and capacity necessary for national defense.
(b) Contents of Study.--The study carried out under
subsection (a) shall--
(1) be a quantitative analysis of the post-reset Department
of Defense depot capability required to provide life cycle
sustainment of military legacy systems and new systems and
military equipment;
(2) take into consideration direct input from the Secretary
of Defense and the logistics and acquisition leadership of
the military departments, including materiel support and
depot commanders;
(3) take into consideration input from regular and reserve
components of the Armed Forces, both with respect to
requirements for sustainment-level maintenance and the
capability and capacity to perform depot-level maintenance
and repair;
(4) identify and address each type of activity carried out
at depots, installation directorates of logistics, regional
sustainment-level maintenance sites, reserve component
maintenance capability sites, theater equipment support
centers, and Army field support brigade capabilities;
(5) examine relevant guidance provided and regulations
prescribed by the Secretary of Defense and the Secretary of
each of the military departments, including with respect to
programming and budgeting and the annual budget displays
provided to Congress; and
(6) examine any relevant applicable laws, including the
relevant body of work performed by the Government
Accountability Office.
(c) Issues to Be Addressed.--The study required under
subsection (a) shall address each of the following issues
with respect to depots and depot capabilities:
(1) The life cycle sustainment maintenance strategies and
implementation plans of the Department of Defense and the
military departments that cover--
(A) the role of each type of maintenance activity;
(B) business operations;
(C) workload projection;
(D) outcome-based performance management objectives;
(E) the adequacy of information technology systems,
including workload management systems;
(F) the workforce, including skills required and
development;
(G) budget and fiscal planning policies; and
(H) capital investment strategies, including the
implementation of section 2476 of title 10, United States
Code.
(2) Current and future maintenance environments,
including--
(A) performance-based logistics;
(B) supply chain management;
(C) condition-based maintenance;
(D) reliability-based maintenance;
(E) consolidation and centralization, including--
(i) regionalization;
(ii) two-level maintenance; and
(iii) forward-based depot capacity;
(F) public-private partnerships;
(G) private-sector depot capability and capacity; and
(H) the impact of proprietary technical documentation.
(3) The adequate visibility of the maintenance workload of
each military department in reports submitted to Congress,
including--
(A) whether the depot budget lines in current budget
displays accurately reflect depot level workloads;
(B) the accuracy of core and 50/50 calculations;
(C) the usefulness of current reporting requirements to the
oversight function of senior military and congressional
leaders; and
(D) whether current budgetary guidelines provide sufficient
financial flexibility during the year of execution to permit
the heads of the military departments to make best-value
decisions between maintenance activities.
(4) Such other information as determined relevant by the
entity carrying out the study.
(d) Availability of Information.--The Secretary of Defense
and the Secretaries of each of the military departments shall
make available to the entity carrying out the study under
subsection (a) all necessary and relevant information to
allow the entity to conduct the study in a quantitative and
analytical manner.
(e) Reports to Committees on Armed Services.--
(1) Interim report.--The contract that the Secretary enters
into under subsection (a) shall provide that not later than
one year after the commencement of the study conducted under
this section, the chief executive officer of the entity that
carries out the study pursuant to the contract shall submit
to the Committees on Armed Services of the Senate and House
of Representatives an interim report on the study.
(2) Final report.--Such contract shall provide that not
later than 22 months after the date on which the Secretary of
Defense enters into the contract under subsection (a), the
chief executive officer of the entity that carries out the
study pursuant to the contract shall submit to the Committees
on Armed Services of the Senate and House of Representatives
a final report on the study. The report shall include each of
the following:
(A) A description of the depot maintenance environment, as
of the date of the conclusion of the study, and the
anticipated future environment, together with the
quantitative data used in conducting the assessment of such
environments under the study.
(B) Recommendations with respect to what would be required
to maintain, in a post-reset environment, an efficient and
enduring Department of Defense depot capability necessary for
national defense.
(C) Recommendations with respect to any changes to any
applicable law that would be appropriate for a post-reset
depot maintenance environment.
(D) Recommendations with respect to the methodology of the
Department of Defense for determining core logistics
requirements, including an assessment of risk.
(E) Proposed business rules that would provide incentives
for the Secretary of Defense and the Secretaries of the
military departments to keep Department of Defense depots
efficient and cost effective, including the workload level
required for efficiency.
(F) A proposed strategy for enabling, requiring, and
monitoring the ability of the Department of Defense depots to
produce performance-driven outcomes and meet materiel
readiness goals with respect to availability, reliability,
total ownership cost, and repair cycle time.
(G) Comments provided by the Secretary of Defense and the
Secretaries of the military departments on the findings and
recommendations of the study.
(f) Comptroller General Review.--Not later than 90 days
after the date on which the report under subsection (e)(2) is
submitted, the Comptroller General shall review the report
and submit to the Committees on Armed Services of the Senate
and House of Representatives an assessment of the feasibility
of the recommendations and whether the findings are supported
by the data and information examined.
(g) Definitions.--In this section:
(1) The term ``depot-level maintenance and repair'' has the
meaning given that term under section 2460 of title 10,
United States Code.
[[Page 20825]]
(2) The term ``reset'' means actions taken to repair,
enhance, or replace military equipment used in support of
operations underway as of the date of the enactment of this
Act and associated sustainment.
(3) The term ``military equipment'' includes all weapon
systems, weapon platforms, vehicles and munitions of the
Department of Defense, and the components of such items.
SEC. 323. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW OF HIGH-
PERFORMING ORGANIZATIONS.
Not later than 120 days after the date of the enactment of
this Act, the Comptroller General shall submit to the
congressional defense committees a review on the high-
performing organization initiatives of the Department of
Defense. The review shall include each of the following for
each such initiative reviewed:
(1) Any policies or guidance developed to implement the
initiative.
(2) Whether the initiative was undertaken pursuant to the
pilot project under section 337 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136;
10 U.S.C. 113 note) or under Office of Management and Budget
Circular A-76.
(3) The cost of development and implementation of the
initiative.
(4) Any cost savings and overall financial improvements
promised or realized by reason of the initiative and an
analysis of how such savings or improvements were calculated.
(5) Whether criteria were developed to measure the
performance, efficiency, and effectiveness improvements of
the initiative.
(6) The effect of the initiative on the workforce,
including any relocations, change in collective bargaining
status, or reductions in force that may have resulted.
(7) Whether and to what extent employees and their
representatives were consulted in the development and
implementation of the initiative.
SEC. 324. CONSOLIDATION OF AIR FORCE AND AIR NATIONAL GUARD
AIRCRAFT MAINTENANCE.
(a) Restriction on Implementation of Consolidation.--The
Secretary of the Air Force shall not implement the
consolidation of aircraft repair facilities and personnel of
the active Air Force with aircraft repair facilities and
personnel of the Air National Guard or the consolidation of
aircraft repair facilities and personnel of the Air National
Guard with aircraft repair facilities and personnel of the
active Air Force unless and until the Secretary of the Air
Force submits the reports required by (b) and (c), the Chief
of the National Guard Bureau submits the assessment required
by subsection (d), and the Secretary of Defense submits the
certification required by subsection (e).
(b) Report on Criteria.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of the Air
Force shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report stating all the
criteria being used by the Department of the Air Force and
the Rand Corporation to evaluate the feasibility of
consolidating Air Force maintenance functions into
organizations that would integrate active, Guard, and Reserve
components into a total-force approach. The report shall
include the assumptions that were provided to or developed by
the Rand Corporation for their study of the feasibility of
the consolidation proposal.
(c) Report on Feasibility Study.--At least 90 days before
any consolidation of aircraft repair facilities and personnel
of the active Air Force with aircraft repair facilities and
personnel of the Air National Guard, the Secretary of the Air
Force shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report on the findings
of the Rand Corporation feasibility study and the Rand
Corporation's recommendations, the Air Force's assessment of
the findings and recommendations, any plans developed for
implementation of the consolidation, and a delineation of all
infrastructure costs anticipated as a result of
implementation.
(d) Assessment by Chief of the National Guard Bureau.--Not
later than 30 days after the date on which the report
required by subsection (c) is submitted, the Chief of the
National Guard Bureau shall submit to the Committees on Armed
Services of the Senate and House of Representatives a written
assessment of--
(1) the proposed actions to consolidate aircraft repair
facilities and personnel of the active Air Force with
aircraft repair facilities and personnel of the Air National
Guard by the Secretary of the Air Force; and
(2) the information included in the report required by
subsection (c).
(e) Certification by the Secretary of Defense.--After the
Secretary of the Air Force submits the reports required by
subsections (b) and (c), and before any consolidation of
aircraft repair facilities and personnel of the active Air
Force with aircraft repair facilities and personnel of the
Air National Guard by the Secretary of the Air Force, the
Secretary of Defense shall certify that such consolidation is
in the national interest and will not adversely affect
recruitment, retention, or execution of the Air National
Guard mission in the individual States.
SEC. 325. REPORT ON AIR FORCE CIVILIAN PERSONNEL
CONSOLIDATION PLAN.
(a) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of the Air Force
shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report on the Air Force
plan for implementing the direction of the Base Realignment
and Closure Commission for the consolidation of transactional
workloads from the civilian personnel offices within the
service components and defense agencies, retaining sufficient
positions and personnel at the large civilian centers to
perform the personnel management advisory services, including
non-transactional functions, necessary to support the
civilian workforce.
(b) Contents of Report.--At a minimum, the report required
by subsection (a) shall address the steps taken by the Air
Force to ensure that such direction is implemented in a
manner that best meets the future needs of the Air Force, and
shall address each of the following:
(1) The anticipated positive or negative effect on the
productivity and mission accomplishment of the managed
workforces at the different commands.
(2) The potential future efficiencies to be achieved
through an enterprise-wide transformation of civilian
personnel services.
(3) The size and complexity of the civilian workforce.
(4) The extent to which mission accomplishment is dependent
upon the productivity of the civilian workforce.
(5) Input from the commanders of the large civilian centers
regarding the effect of consolidation on workforce
productivity and costs.
(6) The status of ongoing consolidation efforts at the Air
Force Personnel Center at Randolph Air Force Base, Texas, and
the target timelines for delivery of services to the various
installations.
(7) The advantages and disadvantages of retaining certain
personnel management and advisory services functions at the
large civilian centers under local command authority to
include on-site control of staffing of positions filled
through internal or external recruitment processes, employee
management relations, labor force planning and management,
and managing workers compensation programs.
(8) The standards and timeliness for transitioning the
personnel classifications currently performed by large
civilian centers, the transition plan, particularly as it
assures ready access to classifications needed for staffing
and other purposes by the large civilian centers, and the
expected performance and evaluation standards for providing
classification services to the large civilian centers once
the transition is complete.
(c) Updates of Report.--The Secretary of the Air Force
shall submit to the Committees on Armed Services of the
Senate and House of Representatives biannual updates of the
report required under subsection (a) until January 3, 2012.
SEC. 326. REPORT ON REDUCTION IN NUMBER OF FIREFIGHTERS ON
AIR FORCE BASES.
To ensure that the Air Force is meeting the minimum safety
standards for staffing, equipment, and training, as required
by Department of Defense Installation and Environment
Instruction 6055.6, the Secretary of the Air Force shall
submit to Congress, by not later than 90 days after the date
of the enactment of this Act, a report on the effects of the
reduction in the number of fire fighters on Air Force bases
during the three fiscal years preceding the fiscal year in
which the report is submitted. Such report shall include each
of the following:
(1) An evaluation of current fire fighting capability of
the Air Force and whether the reduction in the number of fire
fighters on Air Force bases has increased the risk of harm to
either fire fighters or those they may serve in response to
an emergency.
(2) An evaluation of whether adequate capability exists in
the municipal communities surrounding the Air Force bases
covered by the report to support a base aircraft rescue or to
respond to a fire involving a combat aircraft, cargo
aircraft, or weapon system.
(3) An evaluation of the effects that the reductions in
fire fighting personnel or functions have had on the
certifications of Air Force base fire departments.
(4) If the Secretary determines that reductions in the
number of fire fighting personnel during the fiscal years
covered by the report have negatively affected the ability of
fire fighters on Air Forces bases to perform their missions,
a plan to restore the fire fighting personnel needed to
adequately support such missions.
SEC. 327. MINIMUM CAPITAL INVESTMENT FOR CERTAIN DEPOTS.
(a) Additional Army Depots.--Subsection (e)(1) of section
2476 of title 10, United States Code, is amended by adding at
the end the following new subparagraphs:
``(F) Watervliet Arsenal, New York.
``(G) Rock Island Arsenal, Illinois.
``(H) Pine Bluff Arsenal, Arkansas.''.
(b) Separate Consideration and Reporting of Navy Depots and
Marine Corps Depots.--Such section is further amended--
(1) in subsection (d)(2), by adding at the end the
following new subparagraph:
[[Page 20826]]
``(D) Separate consideration and reporting of Navy Depots
and Marine Corps depots.''; and
(2) in subsection (e)(2)--
(A) by redesignating subparagraphs (A) through (G) as
clauses (i) through (vii), respectively, and indenting the
margins of such clauses, as so redesignated, 6 ems from the
left margin;
(B) by inserting after ``Department of the Navy:'' the
following:
``(A) The following Navy depots:'';
(C) by inserting after clause (vii), as redesignated by
subparagraph (A), the following:
``(B) The following Marine Corps depots:''; and
(D) by redesignating subparagraphs (H) and (I) as clauses
(i) and (ii), respectively, and indenting the margins of such
clauses, as so redesignated, 6 ems from the left margin.
Subtitle D--Energy Security
SEC. 331. ANNUAL REPORT ON OPERATIONAL ENERGY MANAGEMENT AND
IMPLEMENTATION OF OPERATIONAL ENERGY STRATEGY.
(a) Report Required.--Section 2925 of title 10, United
States Code, is amended by striking subsection (b) and
inserting the following new subsection:
``(b) Annual Report Related to Operational Energy.--(1)
Simultaneous with the annual report required by subsection
(a), the Secretary of Defense, acting through the Director of
Operational Energy Plans and Programs, shall submit to the
congressional defense committees a report on operational
energy management and the implementation of the operational
energy strategy established pursuant to section 139b of this
title.
``(2) The annual report under this subsection shall address
and include the following:
``(A) Statistical information on operational energy
demands, in terms of expenditures and consumption, for the
preceding five fiscal years, including funding made available
in regular defense appropriations Acts and any supplemental
appropriation Acts.
``(B) An estimate of operational energy demands for the
current fiscal year and next fiscal year, including funding
requested to meet operational energy demands in the budget
submitted to Congress under section 1105 of title 31 and in
any supplemental requests.
``(C) A description of each initiative related to the
operational energy strategy and a summary of funds
appropriated for each initiative in the previous fiscal year
and current fiscal year and requested for each initiative for
the next five fiscal years.
``(D) An evaluation of progress made by the Department of
Defense--
``(i) in implementing the operational energy strategy,
including the progress of key initiatives and technology
investments related to operational energy demand and
management; and
``(ii) in meeting the operational energy goals set forth in
the strategy.
``(E) Such recommendations as the Director considers
appropriate for additional changes in organization or
authority within the Department of Defense to enable further
implementation of the energy strategy and such other comments
and recommendations as the Director considers appropriate.
``(3) If a report under this subsection is submitted in a
classified form, the Secretary shall concurrently submit to
the congressional defense committees an unclassified version
of the information required by this subsection.
``(4) In this subsection, the term `operational energy'
means the energy required for training, moving, and
sustaining military forces and weapons platforms for military
operations. The term includes energy used by tactical power
systems and generators and weapons platforms.''.
(b) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 2925. Annual Department of Defense energy management
reports''.
(2) Table of sections.--The table of sections at the
beginning of subchapter III of chapter 173 of such title is
amended by striking the item relating to section 2925 and
inserting the following new item:
``2925. Annual Department of Defense energy management reports.''.
SEC. 332. CONSIDERATION OF FUEL LOGISTICS SUPPORT
REQUIREMENTS IN PLANNING, REQUIREMENTS
DEVELOPMENT, AND ACQUISITION PROCESSES.
(a) Planning.--In the case of analyses and force planning
processes that are used to establish capability requirements
and inform acquisition decisions, the Secretary of Defense
shall require that analyses and force planning processes
consider the requirements for, and vulnerability of, fuel
logistics.
(b) Capability Requirements Development Process.--The
Secretary of Defense shall develop and implement a
methodology to enable the implementation of a fuel efficiency
key performance parameter in the requirements development
process for the modification of existing or development of
new fuel consuming systems.
(c) Acquisition Process.--The Secretary of Defense shall
require that the life-cycle cost analysis for new
capabilities include the fully burdened cost of fuel during
analysis of alternatives and evaluation of alternatives and
acquisition program design trades.
(d) Implementation Plan.--The Secretary of Defense shall
prepare a plan for implementing the requirements of this
section. The plan shall be completed not later than 180 days
after the date of the enactment of this Act and provide for
the implementation of the requirements by not later than
three years after the date of the enactment of this Act.
(e) Progress Report.--Not later than two years after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
describing progress made to implement the requirements of
this section, including an assessment of whether the
implementation plan required by section (d) is being carried
out on schedule.
(f) Notification of Compliance.--As soon as practicable
during the three-year period beginning on the date of the
enactment of this Act, the Secretary of Defense shall notify
the congressional defense committees that the Secretary has
complied with the requirements of this section. If the
Secretary is unable to provide the notification, the
Secretary shall submit to the congressional defense
committees at the end of the three-year period a report
containing--
(1) an explanation of the reasons why the requirements, or
portions of the requirements, have not been implemented; and
(2) a revised plan under subsection (d) to complete
implementation or a rationale regarding why portions of the
requirements cannot or should not be implemented.
(g) Fully Burdened Cost of Fuel Defined.--In this section,
the term ``fully burdened cost of fuel'' means the commodity
price for fuel plus the total cost of all personnel and
assets required to move and, when necessary, protect the fuel
from the point at which the fuel is received from the
commercial supplier to the point of use.
SEC. 333. STUDY ON SOLAR AND WIND ENERGY FOR USE FOR
EXPEDITIONARY FORCES.
(a) Study Required.--The Secretary of Defense shall conduct
a study to examine the feasibility of using solar and wind
energy to provide electricity for expeditionary forces.
(b) Matters Examined.--In conducting the study required by
subsection (a), the Secretary shall examine, at a minimum,
each of the following:
(1) The potential for solar and wind energy to reduce the
fuel supply needed to provide electricity for expeditionary
forces and the extent to which such reduction will decrease
the risk of casualties by reducing the number of convoys
needed to supply fuel to forward operating locations.
(2) The cost of using solar and wind energy to provide
electricity.
(3) The potential savings of using solar and wind energy to
provide electricity compared to current methods.
(4) The environmental benefits of using solar and wind
energy to provide electricity instead of the current methods.
(5) The sustainability and operating requirements of solar
and wind energy systems for providing electricity compared to
current methods.
(6) Potential opportunities for experimenting with the use
of deployable solar and wind energy systems in current
training environments, including remote areas of training
ranges.
(c) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the results of
the study required by subsection (a).
SEC. 334. STUDY ON ALTERNATIVE AND SYNTHETIC FUELS.
(a) Study Required.--The Secretary of Defense shall conduct
a study on alternatives to reduce the life cycle emissions of
alternative and synthetic fuels (including coal-to-liquid
fuels).
(b) Matters Examined.--The study shall examine, at a
minimum, the following:
(1) The potential clean energy alternatives for powering
the conversion processes, including nuclear, solar, and wind
energies.
(2) The alternatives for reducing carbon emissions during
the conversion processes.
(3) The military utility of domestically-produced
alternative and synthetic fuels for military operations and
for use by expeditionary forces compared with the military
utility and life cycle emissions of mobile, in-theater
synthetic fuel processes.
(4) The goals and progress of the military departments
related to the research, testing, and certification for use
of alternative or synthetic fuels in military vehicles and
aircraft.
(5) An analysis of trends, levels of investment, and the
development of refining capacity in the alternative or
synthetic fuel industry capable of meeting fuel requirements
for the Department of Defense.
(c) Use of Federally Funded Research and Development
Center.--The Secretary of Defense shall select a federally
funded research and development center to perform the study
required by subsection (a).
(d) Report.--Not later than March 1, 2009, the federally
funded research and development center shall submit to the
congressional defense committees and the Secretary
[[Page 20827]]
of Defense a report on the results of the study required by
subsection (a).
SEC. 335. MITIGATION OF POWER OUTAGE RISKS FOR DEPARTMENT OF
DEFENSE FACILITIES AND ACTIVITIES.
(a) Risk Assessment.--The Secretary of Defense shall
conduct a comprehensive technical and operational risk
assessment of the risks posed to mission critical
installations, facilities, and activities of the Department
of Defense by extended power outages resulting from failure
of the commercial electricity supply or grid and related
infrastructure.
(b) Risk Mitigation Plans.--
(1) In general.--The Secretary of Defense shall develop
integrated prioritized plans to eliminate, reduce, or
mitigate significant risks identified in the risk assessment
under subsection (a).
(2) Additional considerations.--In developing the risk
mitigation plans under paragraph (1), the Secretary of
Defense shall--
(A) prioritize the mission critical installations,
facilities, and activities that are subject to the greatest
and most urgent risks; and
(B) consider the cost effectiveness of risk mitigation
options.
(c) Annual Report.--
(1) In general.--The Secretary of Defense shall submit a
report on the efforts of the Department of Defense to
mitigate the risks described in subsection (a) as part of the
budget justification materials submitted to Congress in
support of the Department of Defense budget for fiscal year
2010 and each fiscal year thereafter (as submitted with the
budget of the President under section 1105(a) of title 31,
United States Code).
(2) Content.--Each report submitted under paragraph (1)
shall describe the integrated prioritized plans developed
under subsection (b) and the progress made toward achieving
the goals established under such subsection.
Subtitle E--Reports
SEC. 341. COMPTROLLER GENERAL REPORT ON READINESS OF ARMED
FORCES.
(a) Report Required.--
(1) In general.--Not later than June 1, 2009, the
Comptroller General shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report
on the readiness of the regular and reserve components of the
Armed Forces. The report shall be unclassified but may
contain a classified annex.
(2) One or more reports.--In complying with the
requirements of this section, the Comptroller General may
submit a single report addressing all the elements specified
in subsection (b) or two or more reports addressing any
combination of such elements.
(b) Elements.--The elements specified in this subsection
are the following:
(1) An analysis of the readiness status, as of the date of
the enactment of this Act, of the regular and reserve
components of the Army and the Marine Corps, including any
significant changes in any trends with respect to such
components since 2001.
(2) An analysis of the readiness status, as of such date,
of the regular and reserve components of the Air Force and
the Navy, including a description of any major factors that
affect the ability of the Navy or Air Force to provide
trained and ready forces for ongoing operations and to meet
overall readiness goals.
(3) An analysis of the efforts of the Secretary of each
military department to address any major factors affecting
the readiness of the regular and reserve components under the
jurisdiction of that Secretary.
SEC. 342. REPORT ON PLAN TO ENHANCE COMBAT SKILLS OF NAVY AND
AIR FORCE PERSONNEL.
(a) Report Required.--At the same time as the budget for
fiscal year 2010 is submitted to Congress under section
1105(a) of title 31, United States Code, the Secretary of
Defense shall submit to the Committees on Armed Services of
the Senate and House of Representatives a report on--
(1) the plans of the Secretary of the Navy to improve the
combat skills of the members of the Navy; and
(2) the plans of the Secretary of the Air Force to improve
the combat skills of the members of the Air Force.
(b) Elements of Report.--The report required under
subsection (a) shall include each of the following:
(1) The criteria that the Secretary of the Air Force and
the Secretary of the Navy use to select permanent sites for
their Common Battlefield Airmen Training and Expeditionary
Combat Skills courses.
(2) An identification of the extent to which the Secretary
of the Navy and Secretary of the Air Force coordinated with
each other and with the Secretary of the Army and the
Commandant of the Marine Corps with respect to their plans to
expand combat skills training for members of the Navy and Air
Force, respectively, together with a complete list of bases
or locations that were considered as possible sites for the
coordinated training.
(3) The estimated implementation and sustainment costs for
the Air Force Common Battlefield Airmen Training and Navy
Expeditionary Combat Skills courses.
(4) The estimated cost savings, if any, which could result
by carrying out such combat skills training at existing
Department of Defense facilities or by using existing ground
combat training resources.
SEC. 343. COMPTROLLER GENERAL REPORT ON THE USE OF THE ARMY
RESERVE AND NATIONAL GUARD AS AN OPERATIONAL
RESERVE.
(a) Report Required.--Not later than June 1, 2009, the
Comptroller General shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report
on the use of the Army Reserve and Army National Guard forces
as an operational reserve.
(b) Elements.--The report required by subsection (a) shall
include a description of current and programmed resources,
force structure, and organizational challenges that the Army
Reserve and Army National Guard forces may face serving as an
operational reserve, including--
(1) force structure;
(2) manning;
(3) equipment availability, maintenance, and logistics
issues;
(4) training constraints limiting access to--
(A) facilities and ranges, including the Combat Training
Centers; and
(B) military schools and skill training; and
(5) any conflicts with requirements under title 32, United
States Code.
SEC. 344. COMPTROLLER GENERAL REPORT ON LINK BETWEEN
PREPARATION AND USE OF ARMY RESERVE COMPONENT
FORCES TO SUPPORT ONGOING OPERATIONS.
(a) Report Required.--Not later than June 1, 2009, the
Comptroller General shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report
on the correlation between the preparation and operational
use of the Army's reserve component forces.
(b) Elements.--The report required by subsection (a) shall
include--
(1) an analysis of the Army's training relative to the
employment of reserve component units--
(A) to execute the wartime or primary missions of the Army
for which the units are designed; and
(B) to execute missions to which such units are assigned,
as of the date of the enactment of this Act, in support of
ongoing operations in Iraq and Afghanistan, including factors
affecting unit or individual preparation, the effect of
notification timelines, and access to training facilities,
including the Combat Training Centers;
(2) an analysis of the effect of mobilization and
deployment laws, regulations, goals, and policies on the
Army's ability to train and employ reserve component units
for the purposes described in paragraph (1); and
(3) any other information that the Comptroller General
determines is relevant.
SEC. 345. COMPTROLLER GENERAL REPORT ON ADEQUACY OF FUNDING,
STAFFING, AND ORGANIZATION OF DEPARTMENT OF
DEFENSE MILITARY MUNITIONS RESPONSE PROGRAM.
(a) Report Required.--Not later than one year after the
date of the enactment of this Act, the Comptroller General
shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report on the adequacy
of the funding, staffing, and organization of the Military
Munitions Response Program of the Department of Defense.
(b) Elements.--The report required by subsection (a) shall
include--
(1) an analysis of the funding, staffing, and organization
of the Military Munitions Response Program; and
(2) an assessment of the Program mechanisms for the
accountability, reporting, and monitoring of the progress of
munitions response projects and methods to reduce the length
of time of such projects.
Subtitle F--Other Matters
SEC. 351. EXTENSION OF ENTERPRISE TRANSITION PLAN REPORTING
REQUIREMENT.
Section 2222(i) of title 10, United States Code, is amended
by striking ``2009'' and inserting ``2013''.
SEC. 352. DEMILITARIZATION OF LOANED, GIVEN, OR EXCHANGED
DOCUMENTS, HISTORICAL ARTIFACTS, AND CONDEMNED
OR OBSOLETE COMBAT MATERIEL.
Section 2572(d) of title 10, United States Code, is
amended--
(1) in paragraph (1), by adding at the end the following
new sentence: ``The Secretary concerned shall ensure that an
item authorized to be donated under this section is
demilitarized in the interest of public safety, as determined
necessary by the Secretary or the Secretary's delegee.''; and
(2) in paragraph (2)(A), by inserting before the period at
the end the following: ``, including any expense associated
with demilitarizing an item under paragraph (1), for which
the recipient of the item shall be responsible''.
SEC. 353. REPEAL OF REQUIREMENT THAT SECRETARY OF AIR FORCE
PROVIDE TRAINING AND SUPPORT TO OTHER MILITARY
DEPARTMENTS FOR A-10 AIRCRAFT.
(a) Repeal.--Chapter 901 of title 10, United States Code,
is amended by striking section 9316.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by striking the item
relating to section 9316.
[[Page 20828]]
SEC. 354. DISPLAY OF ANNUAL BUDGET REQUIREMENTS FOR AIR
SOVEREIGNTY ALERT MISSION.
(a) Submission With Annual Budget Justification
Documents.--For fiscal year 2010 and each subsequent fiscal
year, the Secretary of Defense shall submit to the President,
for consideration by the President for inclusion with the
budget materials submitted to Congress under section 1105(a)
of title 31, United States Code, a consolidated budget
justification display that covers all programs and activities
of the Air Sovereignty Alert mission of the Air Force.
(b) Requirements for Budget Display.--The budget display
under subsection (a) for a fiscal year shall include for such
fiscal year the following:
(1) The funding requirements for the Air Sovereignty Alert
mission, and the associated Command and Control mission,
including such requirements for--
(A) military personnel costs;
(B) flying hours; and
(C) any other associated mission costs.
(2) The amount in the budget for the Air Force for each of
the items referred to in paragraph (1).
(3) The amount in the budget for the Air National Guard for
each such item.
SEC. 355. REVISION OF CERTAIN AIR FORCE REGULATIONS REQUIRED.
(a) Revision Required.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of the Air
Force shall revise the Air Freight Transportation Regulation
Number 5, dated January 15, 1999, to conform with Defense
Transportation Regulations to ensure that freight covered by
Air Freight Transportation Regulation Number 5 is carried in
accordance with commercial best practices that are based upon
a mode-neutral approach.
(b) Mode-Neutral Approach Defined.--For purposes of this
section, the term ``mode-neutral approach'' means a method of
shipment that allows a shipper to choose a carrier with a
time-definite performance standard for delivery without
specifying a particular mode of conveyance and allows the
carrier to select the mode of conveyance using best
commercial practices as long as the mode of conveyance can
reasonably be expected to ensure the time-definite delivery
requested by the shipper.
SEC. 356. TRANSFER OF C-12 AIRCRAFT TO CALIFORNIA DEPARTMENT
OF FORESTRY AND FIRE PROTECTION.
(a) Authority.--The Secretary of the Army may convey to the
California Department of Forestry and Fire Protection
(hereinafter in this section referred to as ``CAL FIRE'') all
right, title, and interest of the United States in three C-12
aircraft that the Secretary has determined are surplus to
need.
(b) Conveyance at No Cost to the United States.--The
conveyance of an aircraft authorized by this section shall be
made at no cost to the United States. Any costs associated
with such conveyance, costs of determining compliance with
terms of the conveyance, and costs of operation and
maintenance of the aircraft conveyed shall be borne by CAL
FIRE.
SEC. 357. LIMITATION ON TREATMENT OF RETIRED B-52 AIRCRAFT
FOR AIR COMBAT COMMAND HEADQUARTERS.
Section 131(a)(4) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364;
120 Stat. 2111), as amended by section 137(a)(2) of the
National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 122 Stat. 32), is further amended by
striking ``may use not more than 2 such aircraft for
maintenance ground training'' and inserting ``may use not
more than 4 such aircraft for maintenance ground training''.
SEC. 358. INCREASE OF DOMESTIC BREEDING OF MILITARY WORKING
DOGS USED BY THE DEPARTMENT OF DEFENSE.
(a) Increased Capacity.--The Secretary of Defense, acting
through the Executive Agent for Military Working Dogs
(hereinafter in this section referred to as the ``Executive
Agent''), shall--
(1) identify the number of military working dogs required
to fulfill the various missions of the Department of Defense
for which such dogs are used, including force protection,
facility and check point security, and explosives and drug
detection;
(2) take such steps as are practicable to ensure an
adequate number of military working dog teams are available
to meet and sustain the mission requirements identified in
paragraph (1);
(3) ensure that the Department's needs and performance
standards with respect to military working dogs are readily
available to dog breeders and trainers; and
(4) coordinate with other Federal, State, or local
agencies, nonprofit organizations, universities, or private
sector entities, as appropriate, to increase the training
capacity for military working dog teams.
(b) Military Working Dog Procurement.--The Secretary,
acting through the Executive Agent shall work to ensure that
military working dogs are procured as efficiently as possible
and at the best value to the Government, while maintaining
the necessary level of quality and encouraging increased
domestic breeding.
(c) Military Working Dog Defined.--For purposes of this
section, the term ``military working dog'' means a dog used
in any official military capacity, as defined by the
Secretary of Defense.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum
levels.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2009 limitation on number of non-dual status
technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on
active duty for operational support.
Sec. 416. Additional waiver authority of limitation on number of
reserve component members authorized to be on active
duty.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty
personnel as of September 30, 2009, as follows:
(1) The Army, 532,400.
(2) The Navy, 326,323.
(3) The Marine Corps, 194,000.
(4) The Air Force, 317,050.
SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH
MINIMUM LEVELS.
Section 691(b) of title 10, United States Code, is amended
by striking paragraphs (1) through (4) and inserting the
following new paragraphs:
``(1) For the Army, 532,400.
``(2) For the Navy, 325,300.
``(3) For the Marine Corps, 194,000.
``(4) For the Air Force, 317,050.''.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as
of September 30, 2009, as follows:
(1) The Army National Guard of the United States, 352,600.
(2) The Army Reserve, 205,000.
(3) The Navy Reserve, 66,700.
(4) The Marine Corps Reserve, 39,600.
(5) The Air National Guard of the United States, 106,756.
(6) The Air Force Reserve, 67,400.
(7) The Coast Guard Reserve, 10,000.
(b) End Strength Reductions.--The end strengths prescribed
by subsection (a) for the Selected Reserve of any reserve
component shall be proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component
which are on active duty (other than for training) at the end
of the fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
(c) End Strength Increases.--Whenever units or individual
members of the Selected Reserve of any reserve component are
released from active duty during any fiscal year, the end
strength prescribed for such fiscal year for the Selected
Reserve of such reserve component shall be increased
proportionately by the total authorized strengths of such
units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN
SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a), the
reserve components of the Armed Forces are authorized, as of
September 30, 2009, the following number of Reserves to be
serving on full-time active duty or full-time duty, in the
case of members of the National Guard, for the purpose of
organizing, administering, recruiting, instructing, or
training the reserve components:
(1) The Army National Guard of the United States, 32,060.
(2) The Army Reserve, 16,170.
(3) The Navy Reserve, 11,099.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 14,360.
(6) The Air Force Reserve, 2,733.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL
STATUS).
The minimum number of military technicians (dual status) as
of the last day of fiscal year 2009 for the reserve
components of the Army and the Air Force (notwithstanding
section 129 of title 10, United States Code) shall be the
following:
(1) For the Army Reserve, 8,395.
(2) For the Army National Guard of the United States,
27,210.
(3) For the Air Force Reserve, 10,003.
(4) For the Air National Guard of the United States,
22,452.
[[Page 20829]]
SEC. 414. FISCAL YEAR 2009 LIMITATION ON NUMBER OF NON-DUAL
STATUS TECHNICIANS.
(a) Limitations.--
(1) National guard.--Within the limitation provided in
section 10217(c)(2) of title 10, United States Code, the
number of non-dual status technicians employed by the
National Guard as of September 30, 2009, may not exceed the
following:
(A) For the Army National Guard of the United States,
1,600.
(B) For the Air National Guard of the United States, 350.
(2) Army reserve.--The number of non-dual status
technicians employed by the Army Reserve as of September 30,
2009, may not exceed 595.
(3) Air force reserve.--The number of non-dual status
technicians employed by the Air Force Reserve as of September
30, 2009, may not exceed 90.
(b) Non-Dual Status Technicians Defined.--In this section,
the term ``non-dual status technician'' has the meaning given
that term in section 10217(a) of title 10, United States
Code.
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO
BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2009, the maximum number of members of
the reserve components of the Armed Forces who may be serving
at any time on full-time operational support duty under
section 115(b) of title 10, United States Code, is the
following:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.
SEC. 416. ADDITIONAL WAIVER AUTHORITY OF LIMITATION ON NUMBER
OF RESERVE COMPONENT MEMBERS AUTHORIZED TO BE
ON ACTIVE DUTY.
(a) Additional Waiver Authority.--Subsection (a) of section
123a of title 10, United States Code, is amended--
(1) by inserting ``(1)'' before ``If at the end''; and
(2) by adding at the end the following new paragraph:
``(2) When a designation of a major disaster or emergency
(as those terms are defined in section 102 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122)) is in effect, the President may waive any
statutory limit that would otherwise apply during the period
of the designation on the number of members of a reserve
component who are authorized to be on active duty under
subparagraph (A) or (B) of section 115(b)(1) of this title,
if the President determines the waiver is necessary to
provide assistance in responding to the major disaster or
emergency.''.
(b) Termination of Waiver.--Subsection (b) of such section
is amended--
(1) by striking the subsection heading and inserting the
following: ``Termination of Waiver.--(1)'';
(2) by striking ``subsection (a)'' and inserting
``subsection (a)(1)''; and
(3) by adding at the end the following new paragraph:
``(2) A waiver granted under subsection (a)(2) shall
terminate not later than 90 days after the date on which the
designation of the major disaster or emergency that was the
basis for the waiver expires.''.
(c) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 123a. Suspension of end-strength and other strength
limitations in time of war or national emergency''.
(2) Table of sections.--The table of sections at the
beginning of chapter 3 of such title is amended by striking
the item relating to section 123a and inserting the following
new item:
``123a. Suspension of end-strength and other strength limitations in
time of war or national emergency.''.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the
Department of Defense for military personnel for fiscal year
2009 a total of $124,791,336,000. The authorization in the
preceding sentence supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for
fiscal year 2009.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy Generally
Sec. 501. Mandatory separation requirements for regular warrant
officers for length of service.
Sec. 502. Requirements for issuance of posthumous commissions and
warrants.
Sec. 503. Authorized number of general officers on active duty in the
Army and Marine Corps, limited exclusion for joint duty
requirements, and increase in number of officers serving
in grades above major general and rear admiral.
Sec. 504. Modification of authority on Staff Judge Advocate to the
Commandant of the Marine Corps.
Sec. 505. Eligibility of reserve officers to serve on boards of inquiry
for separation of regular officers for substandard
performance and other reasons.
Sec. 506. Delayed authority to alter distribution requirements for
commissioned officers on active duty in general officer
and flag officer grades and limitations on authorized
strengths of general and flag officers on active duty.
Subtitle B--Reserve Component Management
Sec. 511. Extension to other reserve components of Army authority for
deferral of mandatory separation of military technicians
(dual status) until age 60.
Sec. 512. Modification of authorized strengths for certain Army
National Guard, Marine Corps Reserve, and Air National
Guard officers and Army National Guard enlisted personnel
serving on full-time reserve component duty.
Sec. 513. Clarification of authority to consider for a vacancy
promotion National Guard officers ordered to active duty
in support of a contingency operation.
Sec. 514. Increase in mandatory retirement age for certain Reserve
officers.
Sec. 515. Age limit for retention of certain Reserve officers on
active-status list as exception to removal for years of
commissioned service.
Sec. 516. Authority to retain Reserve chaplains and officers in medical
and related specialties until age 68.
Sec. 517. Modification of authorities on dual duty status of National
Guard officers.
Sec. 518. Study and report regarding Marine Corps personnel policies
regarding assignments in Individual Ready Reserve.
Sec. 519. Report on collection of information on civilian skills of
members of the reserve components of the Armed Forces.
Subtitle C--Joint Qualified Officers and Requirements
Sec. 521. Joint duty requirements for promotion to general or flag
officer.
Sec. 522. Technical, conforming, and clerical changes to joint
specialty terminology.
Sec. 523. Promotion policy objectives for joint qualified officers.
Sec. 524. Length of joint duty assignments.
Sec. 525. Designation of general and flag officer positions on Joint
Staff as positions to be held only by reserve component
officers.
Sec. 526. Modification of limitations on authorized strengths of
reserve general and flag officers in active status
serving in joint duty assignments.
Sec. 527. Reports on joint education courses available through the
Department of Defense.
Subtitle D--General Service Authorities
Sec. 531. Increase in maximum period of reenlistment of regular members
of the Armed Forces.
Sec. 532. Paternity leave for members of the Armed Forces.
Sec. 533. Pilot programs on career flexibility to enhance retention of
members of the Armed Forces.
Subtitle E--Education and Training
Sec. 540. Authorized strength of military service academies and repeal
of prohibition on phased increase in midshipmen and cadet
strength limit at Naval Academy and Air Force Academy.
Sec. 541. Promotion of foreign and cultural exchange activities at
military service academies.
Sec. 542. Increased authority to enroll defense industry employees in
defense product development program.
Sec. 543. Expanded authority for institutions of professional military
education to award degrees.
Sec. 544. Tuition for attendance of Federal employees at the United
States Air Force Institute of Technology.
Sec. 545. Increase in number of permanent professors at the United
States Air Force Academy.
Sec. 546. Requirement of completion of service under honorable
conditions for purposes of entitlement to educational
assistance for reserve component members supporting
contingency operations.
Sec. 547. Consistent education loan repayment authority for health
professionals in regular components and Selected Reserve.
Sec. 548. Increase in number of units of Junior Reserve Officers'
Training Corps.
[[Page 20830]]
Sec. 549. Correction of erroneous Army College Fund benefit amounts.
Sec. 550. Enhancing education partnerships to improve accessibility and
flexibility for members of the Armed Forces.
Subtitle F--Defense Dependents' Education
Sec. 551. Continuation of authority to assist local educational
agencies that benefit dependents of members of the Armed
Forces and Department of Defense civilian employees.
Sec. 552. Impact aid for children with severe disabilities.
Sec. 553. Transition of military dependent students among local
educational agencies.
Sec. 554. Calculation of payments for eligible federally connected
children under Department of Education's Impact Aid
program.
Subtitle G--Military Justice
Sec. 561. Effective period of military protective orders.
Sec. 562. Mandatory notification of issuance of military protective
order to civilian law enforcement.
Sec. 563. Implementation of information database on sexual assault
incidents in the Armed Forces.
Subtitle H--Decorations, Awards, and Honorary Promotions
Sec. 571. Replacement of military decorations.
Sec. 572. Authorization and request for award of Medal of Honor to
Richard L. Etchberger for acts of valor during the
Vietnam War.
Subtitle I--Military Families
Sec. 581. Presentation of burial flag to the surviving spouse and
children of deceased members of the Armed Forces.
Sec. 582. Education and training opportunities for military spouses.
Sec. 583. Sense of Congress regarding honor guard details for funerals
of veterans.
Subtitle J--Other Matters
Sec. 591. Prohibition on interference in independent legal advice by
the Legal Counsel to the Chairman of the Joint Chiefs of
Staff.
Sec. 592. Interest payments on certain claims arising from correction
of military records.
Sec. 593. Extension of limitation on reductions of personnel of
agencies responsible for review and correction of
military records.
Sec. 594. Modification of matching fund requirements under National
Guard Youth Challenge Program.
Sec. 595. Military salute for the flag during the national anthem by
members of the Armed Forces not in uniform and by
veterans.
Sec. 596. Military Leadership Diversity Commission.
Sec. 597. Demonstration project on service of retired nurse corps
officers as faculty at civilian nursing schools.
Sec. 598. Report on planning for participation and hosting of the
Department of Defense in international sports activities,
competitions, and events.
Subtitle A--Officer Personnel Policy Generally
SEC. 501. MANDATORY SEPARATION REQUIREMENTS FOR REGULAR
WARRANT OFFICERS FOR LENGTH OF SERVICE.
Section 1305(a) of title 10, United States Code, is
amended--
(1) by striking ``A regular warrant officer who has at
least 30 years of active service as a warrant officer that
could be credited to him'' and inserting ``(1) A regular
warrant officer (other than a regular Army warrant officer)
who has at least 30 years of active service that could be
credited to the officer''; and
(2) by adding at the end the following new paragraph:
``(2) In the case of a regular Army warrant officer, the
calculation of years of active service under paragraph (1)
shall include only years of active service as a warrant
officer.''.
SEC. 502. REQUIREMENTS FOR ISSUANCE OF POSTHUMOUS COMMISSIONS
AND WARRANTS.
(a) Posthumous Commissions.--Section 1521 of title 10,
United States Code, is amended--
(1) in subsection (a), by striking ``in line of duty'' each
place it appears; and
(2) by adding at the end the following new subsection:
``(c) A commission issued under subsection (a) in
connection with the promotion of a deceased member to a
higher commissioned grade shall require certification by the
Secretary concerned that, at the time of death of the member,
the member was qualified for appointment to that higher
grade.''.
(b) Posthumous Warrants.--Section 1522 of such title is
amended--
(1) in subsection (a), by striking ``in line of duty''; and
(2) by adding at the end the following new subsection:
``(c) A warrant issued under subsection (a) in connection
with the promotion of a deceased member to a higher grade
shall require a finding by the Secretary concerned that, at
the time of death of the member, the member was qualified for
appointment to that higher grade.''.
SEC. 503. AUTHORIZED NUMBER OF GENERAL OFFICERS ON ACTIVE
DUTY IN THE ARMY AND MARINE CORPS, LIMITED
EXCLUSION FOR JOINT DUTY REQUIREMENTS, AND
INCREASE IN NUMBER OF OFFICERS SERVING IN
GRADES ABOVE MAJOR GENERAL AND REAR ADMIRAL.
(a) Increase in Number of Army General Officers.--Section
526(a)(1) of title 10, United States Code, is amended by
striking ``302'' and inserting ``307''.
(b) Increase in Number of Marine Corps General Officers.--
Section 526(a)(4) of such title is amended by striking ``80''
and inserting ``81''.
(c) Increase in Exclusion for Joint Duty Requirements.--
Section 526(b)(1) of such title is amended by striking ``12''
and inserting ``65''.
(d) Increase in Number of Officers Serving in Grades Above
Major General and Rear Admiral.--Section 525 of such title is
amended--
(1) in the first sentence of subsection (a), by striking
``that armed force'' and inserting ``the Army or Air Force,
or more than 51 percent of the general officers of the Marine
Corps,''; and
(2) in subsection (b)--
(A) in paragraphs (1) and (2)(A), by striking ``16.3
percent'' each place it appears and inserting ``16.4
percent''; and
(B) in paragraph (2)(B), by striking ``17.5 percent'' and
inserting ``19 percent''.
(e) Acquisition and Contracting Billets.--
(1) Reservation of army increase.--The increase in the
number of general officers on active duty in the Army, as
authorized by the amendment made by subsection (a) is
reserved for general officers in the Army who serve in an
acquisition position.
(2) Reservation of portion of increase in joint duty
assignments excluded from limitation.--Of the increase in the
number of general officer and flag officer joint duty
assignments that may be designated for exclusion from the
limitations on the number of general officers and flag
officers on active duty, as authorized by the amendment made
by subsection (c), five of the designated assignments are
reserved for general officers or flag officers who serve in
an acquisition position, including one assignment in the
Defense Contract Management Agency.
SEC. 504. MODIFICATION OF AUTHORITY ON STAFF JUDGE ADVOCATE
TO THE COMMANDANT OF THE MARINE CORPS.
(a) Grade of Staff Judge Advocate to the Commandant of the
Marine Corps.--Section 5046(a) of title 10, United States
Code, is amended by striking the last sentence and inserting
the following new sentence: ``The Staff Judge Advocate to the
Commandant of the Marine Corps, while so serving, has the
grade of major general.''.
(b) Exclusion From General Officer Distribution
Limitations.--Section 525(a) of such title, as amended by
section 503, is further amended--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by adding at the end the following new paragraph:
``(2) An officer while serving in the position of Staff
Judge Advocate to the Commandant of the Marine Corps under
section 5046 of this title is in addition to the number that
would otherwise be permitted for the Marine Corps for
officers in grades above brigadier general under the first
sentence of paragraph (1).''.
SEC. 505. ELIGIBILITY OF RESERVE OFFICERS TO SERVE ON BOARDS
OF INQUIRY FOR SEPARATION OF REGULAR OFFICERS
FOR SUBSTANDARD PERFORMANCE AND OTHER REASONS.
(a) Eligibility.--Section 1187 of title 10, United States
Code, is amended--
(1) in subsection (a)--
(A) by striking paragraph (2); and
(B) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively; and
(2) in subsection (b), by striking ``on active duty'' in
the matter preceding paragraph (1).
(b) Conforming Amendment.--The heading of subsection (a) of
such section is amended by striking ``Active Duty Officers''
and inserting ``In General''.
SEC. 506. DELAYED AUTHORITY TO ALTER DISTRIBUTION
REQUIREMENTS FOR COMMISSIONED OFFICERS ON
ACTIVE DUTY IN GENERAL OFFICER AND FLAG OFFICER
GRADES AND LIMITATIONS ON AUTHORIZED STRENGTHS
OF GENERAL AND FLAG OFFICERS ON ACTIVE DUTY.
(a) Implementation of Special General Officer and Flag
Officer Authority.--
(1) Report on proposed implementation.--The Secretary of
Defense shall submit to the Committees on Armed Forces of the
Senate and House of Representatives a report, reflecting
input from the Armed Forces, containing the following:
(A) A statement of the total number of validated and
required joint duty assignments for general officers and flag
officers
[[Page 20831]]
and the total number of validated assignments for general
officers and flag officers required by the Army, Navy, Air
Force, and Marine Corps to meet internal (non-joint)
requirements.
(B) A description of the process used by the Secretary of
Defense and the Secretary of the military department
concerned to validate joint general officer and flag officer
requirements and authorizations under the authority provided
by this section and how that process will function to make
adjustments (increases and reductions) in the numbers of
general officers and flag officers required for joint duty
assignments and internal requirements of the Armed Force
concerned.
(C) A description of how the Secretary of Defense intends
to minimize the incremental approaches to increases in the
number of general officers and flag officers and the use of
exemptions to effect such increases.
(D) A description of how the Secretaries of the military
departments intend to manage the increase and development of
general officer and flag officer positions under the
authority provided by this section.
(E) An explanation of and rationale for the grade
distribution of the general and flag officers in the joint
pool authorized by subsection (f)(1).
(F) A proposal specifying such legislative changes,
including technical and conforming changes, as may be
necessary to conform sections 525, 526, and 721 of title 10,
United States Code, and such other provisions of such title
relating to the management of general officers and flag
officers to the authorities provided by this section.
(2) Time for implementation.--After the end of the one-year
period beginning on the date on which the Secretary of
Defense submits the report required by paragraph (1), the
Secretary of Defense may implement the authorities provided
by this section regarding the distribution of commissioned
officers on active duty in general officer and flag officer
grades and altering the limitations on authorized strengths
of general and flag officers on active duty.
(3) Effect of implementation.--After the implementation
date specified in paragraph (2), the authorities provided by
this section supersede any requirement of section 525, 526,
or 721 of title 10, United States Code, to the contrary.
(b) Distribution of General and Flag Officers.--After the
implementation date specified in subsection (a)(2), no
appointment of an officer on the active duty list officer may
be made--
(1) in the Army, if that appointment would result in more
than--
(A) 225 officers serving on active duty above the grade of
colonel;
(B) 7 officers in the grade of general;
(C) 45 officers in a grade above the grade of major
general; or
(D) 90 officers in the grade of major general;
(2) in the Air Force, if that appointment would result in
more than--
(A) 208 officers serving on active duty in a grade above
the grade of colonel;
(B) 9 officers in the grade of general;
(C) 43 officers in a grade above the grade of major
general; or
(D) 73 officers in the grade of major general;
(3) in the Navy, if that appointment would result in more
than--
(A) 160 officers serving on active duty in a grade above
the grade of captain;
(B) 6 officers in the grade of admiral;
(C) 32 officers in a grade above the grade of rear admiral;
or
(D) 50 officers in the grade of rear admiral; or
(4) in the Marine Corps, if that appointment would result
in more than--
(A) 60 officers serving on active duty in a grade above the
grade of colonel;
(B) 2 officers in the grade of general;
(C) 15 officers in a grade above the grade of major
general; or
(D) 22 officers in the grade of major general.
(c) Exclusion of Certain Officers From Distribution
Limits.--
(1) Joint assignments.--The limitations contained in
subsection (b) do not apply to officers serving in joint duty
assignments, as designated by the Secretary of Defense under
section 526(b) of title 10, United States Code, or this
section or for officers released from joint duty assignments,
but only during the 60-day period beginning on the date the
officer departs the joint duty assignment. Of the officers
serving in such joint duty assignments--
(A) the number of officers in the grade of general or
admiral may not exceed 20;
(B) the number of officers in a grade above the grade of
major general or rear admiral may not exceed 68; and
(C) the number of officers in the grade of major general or
rear admiral may not exceed 144.
(2) Officers after relief from certain positions.--An
officer continuing to hold the grade of general or admiral
under section 601(b)(4) of title 10 United States Code, after
relief from the position of Chairman of the Joint Chiefs of
Staff, Chief of Staff of the Army, Chief of Naval Operations,
Chief of Staff of the Air Force, or Commandant of the Marine
Corps shall not be counted for purposes of subsection (b).
(3) Attending physician.--An officer while serving as
Attending Physician to the Congress is in addition to the
number that would otherwise be permitted for that officer's
Armed Force for officers serving on active duty in grades
above brigadier general or rear admiral (lower half) under
subsection (b).
(4) Officers pending retirement or after relief and related
circumstances.--The following officers shall not be counted
for purposes of subsection (b):
(A) An officer of an Armed Force in the grade of brigadier
general or above or, in the case of the Navy, in the grade of
rear admiral (lower half) or above, who is on leave pending
the retirement, separation, or release of that officer from
active duty, but only during the 60-day period beginning on
the date of the commencement of such leave of such officer.
(B) An officer of an Armed Force who has been relieved from
a position designated under section 601(a) of title 10,
United States Code, and is under orders to assume another
such position, but only during the 60-day period beginning on
the date on which those orders are published.
(d) Appointments in Excess of Distribution Limits.--
(1) Appointment authority.--Subject to paragraph (3), the
President--
(A) may make appointments in the Army, Air Force, and
Marine Corps in the grade of lieutenant general and in the
Army, Air Force, and Marine Corps in the grade of general in
excess of the applicable numbers determined under subsection
(b) if each such appointment is made in conjunction with an
offsetting reduction under paragraph (2); and
(B) may make appointments in the Navy in the grades of vice
admiral and admiral in excess of the applicable numbers
determined under subsection (b) if each such appointment is
made in conjunction with an offsetting reduction under
paragraph (2).
(2) Offsetting reductions.--For each appointment made under
the authority of paragraph (1) in the Army, Air Force, or
Marine Corps in the grade of lieutenant general or general or
in the Navy in the grade of vice admiral or admiral, the
number of appointments that may be made in the equivalent
grade in one of the other Armed Forces (other than the Coast
Guard) shall be reduced by one. When such an appointment is
made, the President shall specify the Armed Force in which
the reduction required by this paragraph is to be made.
(3) Maximum.--The number of officers that may be serving on
active duty in the grades of lieutenant general and vice
admiral by reason of appointments made under the authority of
paragraph (1) may not exceed 15. The number of officers that
may be serving on active duty in the grades of general and
admiral by reason of appointments made under the authority of
paragraph (1) may not exceed 5.
(4) Duration of reduction.--Upon the termination of the
appointment of an officer in the grade of lieutenant general
or vice admiral or general or admiral that was made in
connection with an increase under paragraph (1) in the number
of officers that may be serving on active duty in that Armed
Force in that grade, the reduction made under paragraph (2)
in the number of appointments permitted in such grade in
another Armed Force by reason of that increase shall no
longer be in effect.
(e) Authorized Strength Limits for General and Flag
Officers on Active Duty.--After the implementation date
specified in subsection (a)(2), the number of general
officers on active duty in the Army, Air Force, and Marine
Corps, and the number of flag officers on active duty in the
Navy, may not exceed the number specified for the Armed Force
concerned as follows:
(1) For the Army, 225.
(2) For the Navy, 160.
(3) For the Air Force, 208.
(4) For the Marine Corps, 60.
(f) Limited Exclusion for Joint Duty Requirements.--
(1) Designation of positions.--The Secretary of Defense may
designate up to 324 general officer and flag officer
positions that are joint duty assignments for the purposes of
chapter 38 of title 10, United States Code, for exclusion
from the limitations in subsection (e). The Secretary of
Defense will allocate these exclusions to the Armed Forces
based on the number of general or flag officers required from
each Armed Force for assignment to these designated
positions.
(2) Minimum number of positions.--Unless the Secretary of
Defense determines that a lower number is in the best
interests of the United States, the minimum number of
officers serving in positions designated under paragraph (1)
for each Armed Force shall be as follows:
(A) For the Army, 85.
(B) For the Navy, 61.
(C) For the Air Force, 76.
(D) For the Marine Corps, 21.
(g) Temporary Exclusion for Assignment to Certain Temporary
Billets.--The limitations in subsection (e) do not apply to a
general or flag officer assigned to a temporary joint duty
assignment billet designated by the Secretary of Defense for
purposes of this section. A general or flag officer
[[Page 20832]]
assigned to a temporary joint duty assignment as described in
this subsection may not be excluded under this subsection
from the limitations in subsection (e) for a period longer
than one year.
(h) Exclusion of Certain Reserve Officers.--
(1) Distribution limits.--The limitations of subsection (b)
do not apply to a reserve component general or flag officer
who is on active duty and serving in billets other than joint
duty assignments under a call or order specifying a period of
not longer than two years.
(2) Authorized strength limits.--The limitations in
subsection (e) do not apply to a reserve component general or
flag officer who is on active duty and serving in a position
that is a joint duty assignment for the purposes of chapter
38 of title 10, United States Code, for a period not to
exceed three years.
(i) Pending or After Joint Duty Assignments.--Upon
determination by the Secretary of Defense that such action is
in the national interest, the Secretary may allow the
Secretary of a military department to exceed the distribution
of general and flag officers established under subsection (b)
and the limitation in subsection (e) for up to one year for
officers pending assignment to or return from joint duty
assignments designated under section 526(b) of title 10,
United States Code, or this section.
Subtitle B--Reserve Component Management
SEC. 511. EXTENSION TO OTHER RESERVE COMPONENTS OF ARMY
AUTHORITY FOR DEFERRAL OF MANDATORY SEPARATION
OF MILITARY TECHNICIANS (DUAL STATUS) UNTIL AGE
60.
Section 10216(f) of title 10, United States Code, is
amended by inserting ``and the Secretary of the Air Force''
after ``Secretary of the Army''.
SEC. 512. MODIFICATION OF AUTHORIZED STRENGTHS FOR CERTAIN
ARMY NATIONAL GUARD, MARINE CORPS RESERVE, AND
AIR NATIONAL GUARD OFFICERS AND ARMY NATIONAL
GUARD ENLISTED PERSONNEL SERVING ON FULL-TIME
RESERVE COMPONENT DUTY.
(a) Army National Guard and Marine Corps Reserve
Officers.--The table in section 12011(a) of title 10, United
States Code, relating to the number of officers of a reserve
component who may be serving in the grades of major,
lieutenant colonel, or colonel given the total number of
members of that reserve component serving on full-time
reserve component duty, is amended by striking the portion of
the table relating to the Army National Guard and the Marine
Corps Reserve and inserting the following:
``Army National Guard:
20,000......................... 1,500 850 325
22,000......................... 1,650 930 350
24,000......................... 1,790 1,010 378
26,000......................... 1,930 1,085 395
28,000......................... 2,070 1,168 420
30,000......................... 2,200 1,245 445
32,000......................... 2,330 1,315 460
34,000......................... 2,450 1,385 470
36,000......................... 2,570 1,455 480
38,000......................... 2,670 1,527 490
40,000......................... 2,770 1,590 500
42,000......................... 2,837 1,655 505
``Marine Corps Reserve:
1,000.......................... 99 63 20
1,200.......................... 103 67 21
1,300.......................... 107 70 22
1,400.......................... 111 73 23
1,500.......................... 114 76 24
1,600.......................... 117 79 25
1,700.......................... 120 82 26
1,800.......................... 123 85 27
1,900.......................... 126 88 28
2,000.......................... 129 91 29
2,100.......................... 132 94 30
2,200.......................... 134 97 31
2,300.......................... 136 100 32
2,400.......................... 138 103 33
2,500.......................... 140 106 34
2,600.......................... 142 109 35''.
(b) Air National Guard Officers.--The table in such section
is further amended by striking the portion of the table
relating to the Air National Guard and inserting the
following:
``Air National Guard:
5,000.......................... 333 335 251
6,000.......................... 403 394 260
7,000.......................... 472 453 269
8,000.......................... 539 512 278
9,000.......................... 606 571 287
10,000......................... 673 665 313
11,000......................... 740 759 339
12,000......................... 807 827 353
13,000......................... 873 886 363
14,000......................... 939 945 374
15,000......................... 1,005 1,001 384
16,000......................... 1,067 1,057 394
17,000......................... 1,126 1,113 404
18,000......................... 1,185 1,169 414
19,000......................... 1,235 1,224 424
20,000......................... 1,283 1,280 428''.
(c) Army National Guard Enlisted Personnel.--The table in
section 12012(a) of such title, relating to the number of
members of a reserve component who may be serving in the
grade of E-8 or E-9 given the total number of members of that
reserve component serving on full-time reserve component
duty, is amended by striking the portion of the table
relating to the Army National Guard and inserting the
following:
[[Page 20833]]
``Army National Guard:
20,000....................................... 1,650 550
22,000....................................... 1,775 615
24,000....................................... 1,950 645
26,000....................................... 2,100 675
28,000....................................... 2,250 715
30,000....................................... 2,400 735
32,000....................................... 2,500 760
34,000....................................... 2,600 780
36,000....................................... 2,700 800
38,000....................................... 2,800 820
40,000....................................... 2,900 830
42,000....................................... 3,000 840''.
SEC. 513. CLARIFICATION OF AUTHORITY TO CONSIDER FOR A
VACANCY PROMOTION NATIONAL GUARD OFFICERS
ORDERED TO ACTIVE DUTY IN SUPPORT OF A
CONTINGENCY OPERATION.
(a) Additional Exception.--Subsection (d) of section 14317
of title 10, United States Code, is amended--
(1) in the first sentence--
(A) by striking ``Except'' and inserting ``(1) Except'';
(B) by striking ``unless the officer is ordered'' and
inserting ``unless the officer--
``(A) is ordered'';
(C) by striking the period at the end and inserting ``;
or''; and
(D) by adding at the end the following new subparagraph:
``(B) has been ordered to or is serving on active duty in
support of a contingency operation.''; and
(2) in the second sentence, by striking ``If'' and
inserting the following:
``(2) If''.
(b) Consideration for Promotion by Examination for Federal
Recognition.--Subsection (e)(1)(B) of such section is amended
by inserting before the period at the end the following: ``,
or by examination for Federal recognition under title 32''.
SEC. 514. INCREASE IN MANDATORY RETIREMENT AGE FOR CERTAIN
RESERVE OFFICERS.
(a) Selective Service and Property and Fiscal Officers.--
Section 12647 of title 10, United States Code, is amended by
striking ``60 years'' and inserting ``62 years''.
(b) Certain Reserve Officers in Grades of Major Through
Brigadier General.--Section 14702(b) of such title is
amended--
(1) in the subsection heading, by striking ``at Age 60''
and inserting ``for Age''; and
(2) by striking ``subsection (a)(1) or (a)(2).'' and all
that follows through the period at the end of the last
sentence and inserting the following: ``paragraph (1) or (2)
of subsection (a). An officer described in paragraph (1) of
such subsection may not be retained under this section after
the last day of the month in which the officer becomes 62
years of age. An officer described in paragraph (2) of such
subsection may not be retained under this section after the
last day of the month in which the officer becomes 60 years
of age.''.
(c) Clerical Amendments.--
(1) Section heading.--The heading of section 14702 of such
title is amended to read as follows:
``Sec. 14702. Retention on reserve active-status list of
certain officers in the grade of major, lieutenant colonel,
colonel, or brigadier general''.
(2) Table of sections.--The table of sections at the
beginning of chapter 1409 of such title is amended by
striking the item relating to section 14702 and inserting the
following new item:
``14702. Retention on reserve active-status list of certain officers in
the grade of major, lieutenant colonel, colonel, or
brigadier general.''.
SEC. 515. AGE LIMIT FOR RETENTION OF CERTAIN RESERVE OFFICERS
ON ACTIVE-STATUS LIST AS EXCEPTION TO REMOVAL
FOR YEARS OF COMMISSIONED SERVICE.
Section 14508 of title 10, United States Code, is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection (g):
``(g) Retention of Lieutenant Generals.--A reserve officer
of the Army or Air Force in the grade of lieutenant general
who would otherwise be removed from an active status under
subsection (c) may, in the discretion of the Secretary of the
Army or the Secretary of the Air Force, as the case may be,
be retained in an active status, but not later than the date
on which the officer becomes 66 years of age.''.
SEC. 516. AUTHORITY TO RETAIN RESERVE CHAPLAINS AND OFFICERS
IN MEDICAL AND RELATED SPECIALTIES UNTIL AGE
68.
(a) Reserve Chaplains and Medical Officers.--Section
14703(b) of title 10, United States Code, is amended by
striking ``67 years'' and inserting ``68 years''.
(b) National Guard Chaplains and Medical Officers.--Section
324 of title 32, United States Code, is amended by adding at
the end the following new subsection:
``(c) Notwithstanding subsection (a)(1), an officer of the
National Guard serving as a chaplain, medical officer, dental
officer, nurse, veterinarian, Medical Service Corps officer,
or biomedical sciences officer may be retained, with the
officer's consent, until the date on which the officer
becomes 68 years of age.''.
SEC. 517. MODIFICATION OF AUTHORITIES ON DUAL DUTY STATUS OF
NATIONAL GUARD OFFICERS.
(a) Dual Duty Status Authorized for Any Officer on Active
Duty.--Subsection (a)(2) of section 325 of title 32, United
States Code, is amended by striking ``in command of a
National Guard unit''.
(b) Advance Authorization and Consent to Dual Duty
Status.--Such section is further amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Advance Authorization and Consent.--The President and
the Governor of a State or Territory, or of the Commonwealth
of Puerto Rico, or the commanding general of the District of
Columbia National Guard, as applicable, may give the
authorization or consent required by subsection (a)(2) with
respect to an officer in advance for the purpose of
establishing the succession of command of a unit.''.
SEC. 518. STUDY AND REPORT REGARDING MARINE CORPS PERSONNEL
POLICIES REGARDING ASSIGNMENTS IN INDIVIDUAL
READY RESERVE.
(a) Study.--The Secretary of the Navy shall conduct a study
to analyze the policies and procedures used by the Marine
Corps Reserve during fiscal years 2001 through 2008 to govern
the assignment of members of the Marine Corps Reserve in the
Individual Ready Reserve.
(b) Elements.--The study shall contain, at a minimum, the
following elements:
(1) A summary of the actual policies and procedures used to
assign members of the Marine Corps Reserve to the Individual
Ready Reserve and to remove members from the Individual Ready
Reserve, to include the grade and authority of the official
responsible for making the decision regarding the assignment.
(2) The number of members of the Marine Corps Reserve
assigned to the Individual Ready Reserve during fiscal years
2001 through 2008.
(3) The number of members of the Marine Corps Reserve who
spent less than 12 months in the Individual Ready Reserve
during fiscal years 2001 through 2008, categorized by the
reason provided for assigning the members to the Individual
Ready Reserve.
(4) The impact of assigning a member of the Marine Corps
Reserve to the Individual Ready Reserve on the eligibility of
the member for health care coverage under TRICARE.
(5) The policies and procedures used to account for members
of the Marine Corps Reserve who are excess to a unit's
authorization document, to include members selected for
promotion or command who have not yet been promoted or
assumed duties as officers in command.
(6) Recommendations for improvements to policies and
procedures used to assign members of the Marine Corps Reserve
to the Individual Ready Reserve and to remove members from
the Individual Ready Reserve.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Navy shall submit
to the Committee on Armed Services of the Senate and House of
Representatives a report containing the results of the study.
SEC. 519. REPORT ON COLLECTION OF INFORMATION ON CIVILIAN
SKILLS OF MEMBERS OF THE RESERVE COMPONENTS OF
THE ARMED FORCES.
Not later than March 1, 2009, the Secretary of Defense
shall submit to the congressional defense committees a report
on the feasibility and advisability, utility, and cost
effectiveness of the following:
(1) The collection by the Department of Defense of
information on the civilian skills,
[[Page 20834]]
qualifications, and professional certifications of members of
the reserve components of the Armed Forces that are relevant
to military manpower requirements.
(2) The establishment by each military department, and by
the Department of Defense generally, of a system that would
match billets and personnel requirements with members of the
reserve components of the Armed Forces who have skills,
qualifications, and certifications relevant to such billets
and requirements.
(3) The establishment by the Department of Defense of one
or more systems accessible by private employers who employ
individuals with skills, qualifications, and certifications
possessed by members of the reserve components of the Armed
Forces to assist such employers in hiring and employing such
members.
(4) Actions to ensure that employment information collected
for and maintained in the Civilian Employment Information
database of the Department of Defense is current and
accurate.
(5) Actions to incorporate any matter determined feasible
and advisable under paragraphs (1) through (4) into the
Defense Integrated Military Human Resources System.
Subtitle C--Joint Qualified Officers and Requirements
SEC. 521. JOINT DUTY REQUIREMENTS FOR PROMOTION TO GENERAL OR
FLAG OFFICER.
(a) In General.--Section 619a of title 10, United States
Code, is amended--
(1) in subsection (a), by striking ``unless--'' and all
that follows through ``the joint specialty'' and inserting
``unless the officer has been designated as a joint qualified
officer'';
(2) in subsection (b)--
(A) by striking ``paragraph (1) or paragraph (2) of
subsection (a), or both paragraphs (1) and (2) of subsection
(a),'' in the matter preceding paragraph (1) and inserting
``subsection (a)''; and
(B) in paragraph (4), by striking ``within that immediate
organization is not less than two years'' and inserting ``is
not less than two years and the officer has successfully
completed a program of education described in subsections (b)
and (c) of section 2155 of this title''; and
(3) by striking subsection (h).
(b) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 619a. Eligibility for consideration for promotion:
designation as joint qualified officer required before
promotion to general or flag grade; exceptions''.
(2) Table of sections.--The table of sections at the
beginning of subchapter II of chapter 36 of such title is
amended by striking the item relating to section 619a and
inserting the following new item:
``619a. Eligibility for consideration for promotion: designation as
joint qualified officer required before promotion to
general or flag grade; exceptions.''.
SEC. 522. TECHNICAL, CONFORMING, AND CLERICAL CHANGES TO
JOINT SPECIALTY TERMINOLOGY.
(a) Reference to Joint Qualified Officer.--
(1) In general.--Subsection (a) of section 661 of title 10,
United States Code, is amended in the second sentence by
striking ``in such manner as the Secretary of Defense
directs'' and inserting ``as a joint qualified officer or in
such other manner as the Secretary of Defense directs''.
(2) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 661. Management policies for joint qualified
officers''.
(3) Table of sections.--The table of sections at the
beginning of chapter 38 of such title is amended by striking
the item related to section 661 and inserting the following
new item:
``661. Management policies for joint qualified officers.''.
(b) Joint Duty Assignments After Completion of Joint
Professional Military Education.--Section 663 of such title
is amended--
(1) in subsection (a)--
(A) in the subsection heading, by striking ``Joint
Specialty'' and inserting ``Joint Qualified''; and
(B) by striking ``with the joint specialty'' and inserting
``designated as a joint qualified officer''; and
(2) in subsection (b)(1), by striking ``do not have the
joint specialty'' and inserting ``are not designated as a
joint qualified officer''.
(c) Procedures for Monitoring Careers of Joint Qualified
Officers.--
(1) In general.--Section 665 of such title is amended--
(A) in subsection (a)(1)(A), by striking ``with the joint
specialty'' and inserting ``designated as a joint qualified
officer''; and
(B) in subsection (b)(1), by striking ``with the joint
specialty'' and inserting ``designated as a joint qualified
officer''.
(2) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 665. Procedures for monitoring careers of joint
qualified officers''.
(3) Table of sections.--The table of sections at the
beginning of chapter 38 of such title is amended by striking
the item related to section 665 and inserting the following
new item:
``665. Procedures for monitoring careers of joint qualified
officers.''.
(d) Joint Specialty Terminology in Annual Report.--Section
667 of such title is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``selected for the
joint specialty'' and inserting ``designated as a joint
qualified officer''; and
(B) in subparagraph (B), by striking ``selection for the
joint specialty'' and inserting ``designation as a joint
qualified officer,'';
(2) in paragraph (2), by striking ``with the joint
specialty'' and inserting ``designated as a joint qualified
officer'';
(3) in paragraph (3), by striking ``selected for the joint
specialty'' each place it appears and inserting ``designated
as a joint qualified officer'';
(4) in paragraph (4)--
(A) in subparagraph (A), by striking ``selected for the
joint specialty'' and inserting ``designated as a joint
qualified officer''; and
(B) by striking subparagraph (B) and inserting the
following new subparagraph:
``(B) a comparison of the number of officers who were
designated as a joint qualified officer who had served in a
Joint Duty Assignment List billet and completed Joint
Professional Military Education Phase II, with the number
designated as a joint qualified officer based on their
aggregated joint experiences and completion of Joint
Professional Military Education Phase II.'';
(5) by striking paragraphs (5) through (10), (13), and
(16), and redesignating paragraphs (11), (12), (14) (15),
(17), and (18) as paragraphs (7), (8), (9), (10), (12), and
(13), respectively;
(6) by inserting after paragraph (4) the following new
paragraphs:
``(5) The promotion rate for officers designated as a joint
qualified officer, compared with the promotion rate for other
officers considered for promotion from within the promotion
zone in the same pay grade and the same competitive category.
A similar comparison will be made for officers both below the
promotion zone and above the promotion zone.
``(6) An analysis of assignments of officers after their
designation as a joint qualified officer.''; and
(7) by inserting after paragraph (10), as redesignated by
paragraph (5) of this subsection, the following new paragraph
(11):
``(11) The number of officers in the grade of captain (or
in the case of the Navy, lieutenant) and above certified at
each level of joint qualification as established in
regulation and policy by the Secretary of Defense with the
advice of the Chairman of the Joint Chiefs of Staff. Such
numbers shall be reported by service and grade of the
officer.''.
SEC. 523. PROMOTION POLICY OBJECTIVES FOR JOINT QUALIFIED
OFFICERS.
Section 662 of title 10, United States Code, is amended--
(1) in subsection (a)(2), by striking ``officers who are
serving or have served in joint duty assignments'' and
inserting ``officers in the grade of major (or in the case of
the Navy, lieutenant commander) or above who have been
designated as a joint qualified officer''; and
(2) in subsection (b), by inserting after ``joint duty
assignments'' the following: ``or on the Joint Staff, and
officers who have been designated as a joint qualified
officer in the grades of major (or in the case of the Navy,
lieutenant commander) through colonel (or in the case of the
Navy, captain)''.
SEC. 524. LENGTH OF JOINT DUTY ASSIGNMENTS.
(a) Service Excluded From Tour Length.--Subsection (d) of
section 664 of title 10, United States Code, is amended--
(1) in paragraph (1), by striking subparagraph (D) and
inserting the following new subparagraph (D):
``(D) a qualifying reassignment from a joint duty
assignment--
``(i) for unusual personal reasons, including extreme
hardship and medical conditions, beyond the control of the
officer or the armed forces; or
``(ii) to another joint duty assignment immediately after--
``(I) the officer was promoted to a higher grade, if the
reassignment was made because no joint duty assignment was
available within the same organization that was commensurate
with the officer's new grade; or
``(II) the officer's position was eliminated in a
reorganization.''; and
(2) by striking paragraph (3) and inserting the following
new paragraph (3):
``(3) Service in a joint duty assignment in a case in which
the officer's tour of duty in that assignment brings the
officer's accrued service for purposes of subsection (f)(3)
to the applicable standard prescribed in subsection (a).''.
(b) Computing Average Length of Joint Duty Assignments.--
Subsection (e) of such section is amended by striking
paragraph (2) and inserting the following new paragraph (2):
``(2) In computing the average length of joint duty
assignments for purposes of paragraph (1), the Secretary may
exclude the following service:
``(A) Service described in subsection (c).
``(B) Service described in subsection (d).
``(C) Service described in subsection (f)(6).''.
[[Page 20835]]
(c) Completion of Tour of Duty.--Subsection (f) of such
section is amended--
(1) in paragraph (3), by striking ``Cumulative service''
and inserting ``Accrued joint experience'';
(2) in paragraph (4), by striking ``(except'' and all that
follows through ``any time)''; and
(3) by striking paragraph (6) and inserting the following
new paragraph (6):
``(6) A second and subsequent joint duty assignment that is
less than the period required under subsection (a), but not
less than two years.''.
(d) Accrued Joint Experience as Full Tour of Duty.--
Subsection (g) of such section is amended to read as follows:
``(g) Accrued Joint Experience.--For the purposes of
subsection (f)(3), the Secretary of Defense may prescribe, by
regulation, certain joint experience, such as temporary duty
in joint assignments, joint individual training, and
participation in joint exercises, that may be aggregated to
equal a full tour of duty. The Secretary shall prescribe the
regulations with the advice of the Chairman of the Joint
Chiefs of Staff.''.
(e) Constructive Credit.--Subsection (h) of such section is
amended--
(1) in paragraph (1), by striking ``subsection (f)(1),
(f)(2), (f)(4), or (g)(2)'' and inserting ``paragraphs (1),
(2), and (4) of subsection (f)''; and
(2) by striking paragraph (3).
(f) Repeal of Joint Duty Credit for Certain Joint Task
Force Assignments.--Such section is further amended by
striking subsection (i).
SEC. 525. DESIGNATION OF GENERAL AND FLAG OFFICER POSITIONS
ON JOINT STAFF AS POSITIONS TO BE HELD ONLY BY
RESERVE COMPONENT OFFICERS.
Section 526(b)(2)(A) of title 10, United States Code, is
amended by striking ``a general and flag officer position''
and inserting ``up to three general and flag officer
positions''.
SEC. 526. MODIFICATION OF LIMITATIONS ON AUTHORIZED STRENGTHS
OF RESERVE GENERAL AND FLAG OFFICERS IN ACTIVE
STATUS SERVING IN JOINT DUTY ASSIGNMENTS.
(a) Exclusion of army and Air Force Officers Serving in
Joint Duty Assignments.--Subsection (b) of section 12004 of
title 10, United States Code, is amended by adding at the end
the following new paragraph;
``(4) Those serving in a joint duty assignment for purposes
of chapter 38 of this title, except that the number of
officers who may be excluded under this paragraph may not
exceed the number equal to 20 percent of the number of
officers authorized for the armed force concerned by
subsection (a).''.
(b) Exclusion of Navy Officers Serving in Joint Duty
Assignments.--Subsection (c) of such section is amended--
(1) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively; and
(2) in paragraph (1), by striking ``(1)'' and all that
follows through ``as follows:'' and inserting the following:
``(1) The following Navy reserve officers shall not be
counted for purposes of this section:
``(A) Those counted under section 526 of this title.
``(B) Those serving in a joint duty assignment for purposes
of chapter 38 of this title, except that the number of
officers who may be excluded under this paragraph may not
exceed the number equal to 20 percent of the number of
officers authorized for the Navy in subsection (a).
``(2) Of the number of Navy reserve officers authorized by
subsection (a), 40 are distributed among the line and staff
corps as follows:''.
(c) Exclusion of Marine Corps Officers Serving in Joint
Duty Assignments.--Subsection (d) of such section is amended
to read as follows:
``(d) The following Marine Corps reserve officers shall not
be counted for purposes of this section:
``(1) Those counted under section 526 of this title.
``(2) Those serving in a joint duty assignment for purposes
of chapter 38 of this title, except that the number of
officers who may be excluded under this paragraph may not
exceed the number equal to 20 percent of the number of
officers authorized for the Marine Corps in subsection
(a).''.
SEC. 527. REPORTS ON JOINT EDUCATION COURSES AVAILABLE
THROUGH THE DEPARTMENT OF DEFENSE.
(a) Reports Required.--Not later than April 1 of each of
2009, 2010, and 2011, the Chairman of the Joint Chiefs of
Staff shall submit to Congress a report setting forth
information on the joint education courses available through
the Department of Defense for purposes of the pursuit of
joint careers by officers in the Armed Forces.
(b) Elements.--Each report under subsection (a) shall
include, for the preceding year covered by the report, the
following:
(1) A list and description of the joint education courses
available during the year covered by the report.
(2) A list and description of the joint education courses
listed under paragraph (1) that are available to, and may be
completed by, officers of the reserve components of the Armed
Forces in other than an in-resident duty status under title
10 or 32, United States Code.
(3) For each joint education course listed under paragraph
(1), the number of officers from each Armed Force who pursued
the course during the year covered by the report, including
the number of officers of the Army National Guard and Air
National Guard who pursued the course.
Subtitle D--General Service Authorities
SEC. 531. INCREASE IN MAXIMUM PERIOD OF REENLISTMENT OF
REGULAR MEMBERS OF THE ARMED FORCES.
(a) Increase to Eight-Year Maximum.--Section 505(d) of
title 10, United States Code, is amended--
(1) in paragraph (2), by striking ``six years'' and
inserting ``eight years''; and
(2) in paragraph (3)(A), by striking ``six years'' and
inserting ``eight years''.
(b) Conforming Amendment Regarding Reenlistment Bonus.--
Section 308(a)(2)(A)(ii) of title 37, United States Code, is
amended by striking ``not to exceed six''.
SEC. 532. PATERNITY LEAVE FOR MEMBERS OF THE ARMED FORCES.
(a) Leave Authorized.--Section 701 of title 10, United
States Code, is amended by adding at the end the following
new subsection:
``(j)(1) Under regulations prescribed by the Secretary
concerned, a married member of the armed forces on active
duty whose wife gives birth to a child shall receive 10 days
of leave to be used in connection with the birth of the
child.
``(2) Leave under paragraph (1) is in addition to other
leave authorized under this section.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act
and applies only with respect to children born on or after
that date.
SEC. 533. PILOT PROGRAMS ON CAREER FLEXIBILITY TO ENHANCE
RETENTION OF MEMBERS OF THE ARMED FORCES.
(a) Pilot Programs Authorized.--
(1) In general.--Each Secretary of a military department
may carry out pilot programs under which officers and
enlisted members of the regular components of the Armed
Forces under the jurisdiction of such Secretary may be
inactivated from active duty in order to meet personal or
professional needs and returned to active duty at the end of
such period of inactivation from active duty.
(2) Purpose.--The purpose of the pilot programs under this
section shall be to evaluate whether permitting inactivation
from active duty and greater flexibility in career paths for
members of the Armed Forces will provide an effective means
to enhance retention of members of the Armed Forces and the
capacity of the Department of Defense to respond to the
personal and professional needs of individual members of the
Armed Forces.
(b) Limitation on Eligible Members.--A member of the Armed
Forces is not eligible to participate in a pilot program
under this section during any period of service required of
the member--
(1) under an agreement upon entry of the member on active
duty; or
(2) due to receipt by the member of a retention bonus as a
member qualified in a critical military skill or assigned to
a high priority unit under section 355 of title 37, United
States Code.
(c) Limitation on Number of Participants.--Not more than 20
officers and 20 enlisted members of each Armed Force may be
selected during each of calendar years 2009 through 2012 to
participate in the pilot programs under this section.
(d) Period of Inactivation From Active Duty; Effect of
Inactivation.--
(1) Limitation.--The period of inactivation from active
duty under a pilot program under this section of a member
participating in the pilot program shall be such period as
the Secretary of the military department concerned shall
specify in the agreement of the member under subsection (e),
except that such period may not exceed three years.
(2) Exclusion from computation of reserve officer's total
years of service.--Any service by a Reserve officer while
participating in a pilot program under this section shall be
excluded from computation of the officer's total years of
service pursuant to section 14706(a) of title 10, United
States Code.
(3) Retirement and related purposes.--Any period of
participation of a member in a pilot program under this
section shall not count toward--
(A) eligibility for retirement or transfer to the Ready
Reserve under either chapter 571 or 1223 of title 10, United
States Code; or
(B) computation of retired or retainer pay under chapter 71
or 1223 of title 10, United States Code.
(e) Agreement.--Each member of the Armed Forces who
participates in a pilot program under this section shall
enter into a written agreement with the Secretary of the
military department concerned under which agreement that
member shall agree as follows:
(1) To accept an appointment or enlist, as applicable, and
serve in the Ready Reserve of the Armed Force concerned
during the period of the member's inactivation from active
duty under the pilot program.
[[Page 20836]]
(2) To undergo during the period of the inactivation of the
member from active duty under the pilot program such inactive
duty training as the Secretary concerned shall require in
order to ensure that the member retains proficiency, at a
level determined by the Secretary concerned to be sufficient,
in the member's military skills, professional qualifications,
and physical readiness during the inactivation of the member
from active duty.
(3) Following completion of the period of the inactivation
of the member from active duty under the pilot program, to
serve two months as a member of the Armed Forces on active
duty for each month of the period of the inactivation of the
member from active duty under the pilot program.
(f) Conditions of Release.--The Secretary of Defense shall
issue regulations specifying the guidelines regarding the
conditions of release that must be considered and addressed
in the agreement required by subsection (e). At a minimum,
the Secretary shall prescribe the procedures and standards to
be used to instruct a member on the obligations to be assumed
by the member under paragraph (2) of such subsection while
the member is released from active duty.
(g) Order to Active Duty.--Under regulations prescribed by
the Secretary of the military department concerned, a member
of the Armed Forces participating in a pilot program under
this section may, in the discretion of such Secretary, be
required to terminate participation in the pilot program and
be ordered to active duty.
(h) Pay and Allowances.--
(1) Basic pay.--During each month of participation in a
pilot program under this section, a member who participates
in the pilot program shall be paid basic pay in an amount
equal to two-thirtieths of the amount of monthly basic pay to
which the member would otherwise be entitled under section
204 of title 37, United States Code, as a member of the
uniformed services on active duty in the grade and years of
service of the member when the member commences participation
in the pilot program.
(2) Prohibition on receipt of special and incentive pays.--
(A) Prohibition on receipt during participation.--A member
who participates in a pilot program shall not, while
participating in the pilot program, be paid any special or
incentive pay or bonus to which the member is otherwise
entitled under an agreement under chapter 5 of title 37,
United States Code, that is in force when the member
commences participation in the pilot program.
(B) Treatment of required service.--The inactivation from
active duty of a member participating in a pilot program
shall not be treated as a failure of the member to perform
any period of service required of the member in connection
with an agreement for a special or incentive pay or bonus
under chapter 5 of title 37, United States Code, that is in
force when the member commences participation in the pilot
program.
(3) Revival of special pays upon return to active duty.--
(A) Revival required.--Subject to subparagraph (B), upon
the return of a member to active duty after completion by the
member of participation in a pilot program--
(i) any agreement entered into by the member under chapter
5 of title 37, United States Code, for the payment of a
special or incentive pay or bonus that was in force when the
member commenced participation in the pilot program shall be
revived, with the term of such agreement after revival being
the period of the agreement remaining to run when the member
commenced participation in the pilot program; and
(ii) any special or incentive pay or bonus shall be payable
to the member in accordance with the terms of the agreement
concerned for the term specified in clause (i).
(B) Limitations.--
(i) Limitation at time of return to active duty.--
Subparagraph (A) shall not apply to any special or incentive
pay or bonus otherwise covered by that subparagraph with
respect to a member if, at the time of the return of the
member to active duty as described in that subparagraph--
(I) such pay or bonus is no longer authorized by law; or
(II) the member does not satisfy eligibility criteria for
such pay or bonus as in effect at the time of the return of
the member to active duty.
(ii) Cessation during later service.--Subparagraph (A)
shall cease to apply to any special or incentive pay or bonus
otherwise covered by that subparagraph with respect to a
member if, during the term of the revived agreement of the
member under subparagraph (A)(i), such pay or bonus ceases
being authorized by law.
(C) Repayment.--A member who is ineligible for payment of a
special or incentive pay or bonus otherwise covered by this
paragraph by reason of subparagraph (B)(i)(II) shall be
subject to the requirements for repayment of such pay or
bonus in accordance with the terms of the applicable
agreement of the member under chapter 5 of title 37, United
States Code.
(D) Construction of required service.--Any service required
of a member under an agreement covered by this paragraph
after the member returns to active duty as described in
subparagraph (A) shall be in addition to any service required
of the member under an agreement under subsection (e).
(4) Certain travel and transportation allowances.--
(A) In general.--Subject to subparagraph (B), a member who
participates in a pilot program is entitled, while
participating in the pilot program, to the travel and
transportation allowances authorized by section 404 of title
37, United States Code, for--
(i) travel performed from the member's residence, at the
time of release from active duty to participate in the pilot
program, to the location in the United States designated by
the member as his residence during the period of
participation in the pilot program; and
(ii) travel performed to the member's residence upon return
to active duty at the end of the member's participation in
the pilot program.
(B) Limitation.--An allowance is payable under this
paragraph only with respect to travel of a member to and from
a single residence.
(i) Promotion.--
(1) Officers.--
(A) Limitation on promotion.--An officer participating in a
pilot program under this section shall not, while
participating in the pilot program, be eligible for
consideration for promotion under chapter 36 or 1405 of title
10, United States Code.
(B) Promotion and rank upon return to active duty.--Upon
the return of an officer to active duty after completion by
the officer of participation in a pilot program--
(i) the Secretary of the military department concerned
shall adjust the officer's date of rank in such manner as the
Secretary of Defense shall prescribe in regulations for
purposes of this section; and
(ii) the officer shall be eligible for consideration for
promotion when officers of the same competitive category,
grade, and seniority are eligible for consideration for
promotion.
(2) Enlisted members.--An enlisted member participating in
a pilot program shall not be eligible for consideration for
promotion during the period that--
(A) begins on the date of the member's inactivation from
active duty under the pilot program; and
(B) ends at such time after the return of the member to
active duty under the pilot program that the member is
treatable as eligible for promotion by reason of time in
grade and such other requirements as the Secretary of the
military department concerned shall prescribe in regulations
for purposes of the pilot program.
(j) Medical and Dental Care.--A member participating in a
pilot program under this section shall, while participating
in the pilot program, be treated as a member of the Armed
Forces on active duty for a period of more than 30 days for
purposes of the entitlement of the member and the member's
dependents to medical and dental care under the provisions of
chapter 55 of title 10, United States Code.
(k) Reports.--
(1) Interim reports.--Not later than June 1, 2011, and June
1, 2013, the Secretary of each military department shall
submit to the congressional defense committees a report on
the implementation and current status of the pilot programs
conducted by such Secretary under this section.
(2) Final report.--Not later than March 1, 2016, the
Secretary of Defense shall submit to the congressional
defense committees a report on the pilot programs conducted
under this section.
(3) Elements of report.--Each interim report and the final
report under this subsection shall include the following:
(A) A description of each pilot program conducted under
this section, including a description of the number of
applicants for such pilot program and the criteria used to
select individuals for participation in such pilot program.
(B) An assessment by the Secretary concerned of the pilot
programs, including an evaluation of whether--
(i) the authorities of the pilot programs provided an
effective means to enhance the retention of members of the
Armed Forces possessing critical skills, talents, and
leadership abilities;
(ii) the career progression in the Armed Forces of
individuals who participate in the pilot program has been or
will be adversely affected; and
(iii) the usefulness of the pilot program in responding to
the personal and professional needs of individual members of
the Armed Forces.
(C) Such recommendations for legislative or administrative
action as the Secretary concerned considers appropriate for
the modification or continuation of the pilot programs.
(l) Duration of Program Authority.--The authority to
conduct a pilot program under this section shall commence on
January 1, 2009. No member of the Armed Forces may be
released from active duty under a pilot program under this
section after December 31, 2012.
[[Page 20837]]
Subtitle E--Education and Training
SEC. 540. AUTHORIZED STRENGTH OF MILITARY SERVICE ACADEMIES
AND REPEAL OF PROHIBITION ON PHASED INCREASE IN
MIDSHIPMEN AND CADET STRENGTH LIMIT AT NAVAL
ACADEMY AND AIR FORCE ACADEMY.
(a) Military Academy.--Section 4342(a) of title 10, United
States Code, is amended by striking ``4,000 or such higher
number'' and inserting ``4,400 or such lower number''.
(b) Naval Academy.--Section 6954 of such title is amended--
(1) in subsection (a), by striking ``4,000 or such higher
number'' and inserting ``4,400 or such lower number''; and
(2) in subsection (h)(1), by striking the last sentence.
(c) Air Force Academy.--Section 9342 of such title is
amended--
(1) in subsection (a), by striking ``4,000 or such higher
number'' and inserting ``4,400 or such lower number''; and
(2) in subsection (j)(1), by striking the last sentence.
(d) Effective Date.--The amendments made by this section
shall apply with respect to academic years at the United
States Military Academy, the United States Naval Academy, and
the Air Force Academy after the 2007-2008 academic year.
SEC. 541. PROMOTION OF FOREIGN AND CULTURAL EXCHANGE
ACTIVITIES AT MILITARY SERVICE ACADEMIES.
(a) United States Military Academy.--
(1) In general.--Chapter 403 of title 10, United States
Code, is amended by inserting after section 4345 the
following new section:
``Sec. 4345a. Foreign and cultural exchange activities
``(a) Attendance Authorized.--The Secretary of the Army may
authorize the Academy to permit students, officers, and other
representatives of a foreign country to attend the Academy
for periods of not more than two weeks if the Secretary
determines that the attendance of such persons contributes
significantly to the development of foreign language, cross
cultural interactions and understanding, and cultural
immersion of cadets.
``(b) Costs and Expenses.--The Secretary may pay the
travel, subsistence, and similar personal expenses of persons
incurred to attend the Academy under subsection (a).
``(c) Effect of Attendance.--Persons attending the Academy
under subsection (a) are not considered to be students
enrolled at the Academy and are in addition to persons
receiving instruction at the Academy under section 4344 or
4345 of this title.
``(d) Source of Funds; Limitation.--(1) The Academy shall
bear the costs of the attendance of persons under subsection
(a) from funds appropriated for the Academy and from such
additional funds as may be available to the Academy from a
source, other than appropriated funds, to support cultural
immersion, regional awareness, or foreign language training
activities in connection with their attendance.
``(2) Expenditures from appropriated funds in support of
activities under this section may not exceed $40,000 during
any fiscal year.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 4345 the following new item:
``4345a. Foreign and cultural exchange activities.''.
(b) Naval Academy.--
(1) In general.--Chapter 603 of title 10, United States
Code, is amended by inserting after section 6957a the
following new section:
``Sec. 6957b. Foreign and cultural exchange activities
``(a) Attendance Authorized.--The Secretary of the Navy may
authorize the Naval Academy to permit students, officers, and
other representatives of a foreign country to attend the
Naval Academy for periods of not more than two weeks if the
Secretary determines that the attendance of such persons
contributes significantly to the development of foreign
language, cross cultural interactions and understanding, and
cultural immersion of midshipmen.
``(b) Costs and Expenses.--The Secretary may pay the
travel, subsistence, and similar personal expenses of persons
incurred to attend the Naval Academy under subsection (a).
``(c) Effect of Attendance.--Persons attending the Naval
Academy under subsection (a) are not considered to be
students enrolled at the Naval Academy and are in addition to
persons receiving instruction at the Naval Academy under
section 6957 or 6957a of this title.
``(d) Source of Funds; Limitation.--(1) The Naval Academy
shall bear the costs of the attendance of persons under
subsection (a) from funds appropriated for the Naval Academy
and from such additional funds as may be available to the
Naval Academy from a source, other than appropriated funds,
to support cultural immersion, regional awareness, or foreign
language training activities in connection with their
attendance.
``(2) Expenditures from appropriated funds in support of
activities under this section may not exceed $40,000 during
any fiscal year.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 6957a the following new item:
``6957b. Foreign and cultural exchange activities.''.
(c) Air Force Academy.--
(1) In general.--Chapter 903 of title 10, United States
Code, is amended by inserting after section 9345 the
following new section:
``Sec. 9345a. Foreign and cultural exchange activities
``(a) Attendance Authorized.--The Secretary of the Air
Force may authorize the Air Force Academy to permit students,
officers, and other representatives of a foreign country to
attend the Air Force Academy for periods of not more than two
weeks if the Secretary determines that the attendance of such
persons contributes significantly to the development of
foreign language, cross cultural interactions and
understanding, and cultural immersion of cadets.
``(b) Costs and Expenses.--The Secretary may pay the
travel, subsistence, and similar personal expenses of persons
incurred to attend the Air Force Academy under subsection
(a).
``(c) Effect of Attendance.--Persons attending the Air
Force Academy under subsection (a) are not considered to be
students enrolled at the Air Force Academy and are in
addition to persons receiving instruction at the Air Force
Academy under section 9344 or 9345 of this title.
``(d) Source of Funds; Limitation.--(1) The Air Force
Academy shall bear the costs of the attendance of persons
under subsection (a) from funds appropriated for the Air
Force Academy and from such additional funds as may be
available to the Air Force Academy from a source, other than
appropriated funds, to support cultural immersion, regional
awareness, or foreign language training activities in
connection with their attendance.
``(2) Expenditures from appropriated funds in support of
activities under this section may not exceed $40,000 during
any fiscal year.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 9345 the following new item:
``9345a. Foreign and cultural exchange activities.''.
SEC. 542. INCREASED AUTHORITY TO ENROLL DEFENSE INDUSTRY
EMPLOYEES IN DEFENSE PRODUCT DEVELOPMENT
PROGRAM.
Section 7049(a) of title 10, United States Code, is amended
by striking ``25'' and inserting ``125''.
SEC. 543. EXPANDED AUTHORITY FOR INSTITUTIONS OF PROFESSIONAL
MILITARY EDUCATION TO AWARD DEGREES.
(a) National Defense Intelligence College.--
(1) In general.--Section 2161 of title 10, United States
Code, is amended to read as follows:
``Sec. 2161. Degree granting authority for National Defense
Intelligence College
``(a) Authority.--Under regulations prescribed by the
Secretary of Defense, the President of the National Defense
Intelligence College may, upon the recommendation of the
faculty of the National Defense Intelligence College, confer
appropriate degrees upon graduates who meet the degree
requirements.
``(b) Limitation.--A degree may not be conferred under this
section unless--
``(1) the Secretary of Education has recommended approval
of the degree in accordance with the Federal Policy Governing
Granting of Academic Degrees by Federal Agencies; and
``(2) the National Defense Intelligence College is
accredited by the appropriate civilian academic accrediting
agency or organization to award the degree, as determined by
the Secretary of Education.
``(c) Congressional Notification Requirements.--(1) When
seeking to establish degree granting authority under this
section, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives--
``(A) a copy of the self assessment questionnaire required
by the Federal Policy Governing Granting of Academic Degrees
by Federal Agencies, at the time the assessment is submitted
to the Department of Education's National Advisory Committee
on Institutional Quality and Integrity; and
``(B) the subsequent recommendations and rationale of the
Secretary of Education regarding the establishment of the
degree granting authority.
``(2) Upon any modification or redesignation of existing
degree granting authority, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a report containing the rationale
for the proposed modification or redesignation and any
subsequent recommendation of the Secretary of Education on
the proposed modification or redesignation.
``(3) The Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report containing an explanation of any
action by the appropriate academic accrediting agency or
organization not to accredit the National Defense
Intelligence College to award any new or existing degree.''.
[[Page 20838]]
(2) Clerical amendment.--The table of sections at the
beginning of chapter 108 of such title is amended by striking
the item relating to section 2161 and inserting the following
new item:
``2161. Degree granting authority for National Defense Intelligence
College.''.
(b) National Defense University.--
(1) In general.--Section 2163 of such title is amended to
read as follows:
``Sec. 2163. Degree granting authority for National Defense
University
``(a) Authority.--Under regulations prescribed by the
Secretary of Defense, the President of the National Defense
University may, upon the recommendation of the faculty of the
National Defense University, confer appropriate degrees upon
graduates who meet the degree requirements.
``(b) Limitation.--A degree may not be conferred under this
section unless--
``(1) the Secretary of Education has recommended approval
of the degree in accordance with the Federal Policy Governing
Granting of Academic Degrees by Federal Agencies; and
``(2) the National Defense University is accredited by the
appropriate civilian academic accrediting agency or
organization to award the degree, as determined by the
Secretary of Education.
``(c) Congressional Notification Requirements.--(1) When
seeking to establish degree granting authority under this
section, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives--
``(A) a copy of the self assessment questionnaire required
by the Federal Policy Governing Granting of Academic Degrees
by Federal Agencies, at the time the assessment is submitted
to the Department of Education's National Advisory Committee
on Institutional Quality and Integrity; and
``(B) the subsequent recommendations and rationale of the
Secretary of Education regarding the establishment of the
degree granting authority.
``(2) Upon any modification or redesignation of existing
degree granting authority, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a report containing the rationale
for the proposed modification or redesignation and any
subsequent recommendation of the Secretary of Education on
the proposed modification or redesignation.
``(3) The Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report containing an explanation of any
action by the appropriate academic accrediting agency or
organization not to accredit the National Defense University
to award any new or existing degree.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 108 of such title is amended by striking
the item relating to section 2163 and inserting the following
new item:
``2163. Degree granting authority for National Defense University.''.
(c) United States Army Command and General Staff College.--
(1) In general.--Section 4314 of such title is amended to
read as follows:
``Sec. 4314. Degree granting authority for United States Army
Command and General Staff College
``(a) Authority.--Under regulations prescribed by the
Secretary of the Army, the Commandant of the United States
Army Command and General Staff College may, upon the
recommendation of the faculty and dean of the college, confer
appropriate degrees upon graduates who meet the degree
requirements.
``(b) Limitation.--A degree may not be conferred under this
section unless--
``(1) the Secretary of Education has recommended approval
of the degree in accordance with the Federal Policy Governing
Granting of Academic Degrees by Federal Agencies; and
``(2) the United States Army Command and General Staff
College is accredited by the appropriate civilian academic
accrediting agency or organization to award the degree, as
determined by the Secretary of Education.
``(c) Congressional Notification Requirements.--(1) When
seeking to establish degree granting authority under this
section, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives--
``(A) a copy of the self assessment questionnaire required
by the Federal Policy Governing Granting of Academic Degrees
by Federal Agencies, at the time the assessment is submitted
to the Department of Education's National Advisory Committee
on Institutional Quality and Integrity; and
``(B) the subsequent recommendations and rationale of the
Secretary of Education regarding the establishment of the
degree granting authority.
``(2) Upon any modification or redesignation of existing
degree granting authority, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a report containing the rationale
for the proposed modification or redesignation and any
subsequent recommendation of the Secretary of Education on
the proposed modification or redesignation.
``(3) The Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report containing an explanation of any
action by the appropriate academic accrediting agency or
organization not to accredit the United States Army Command
and General Staff College to award any new or existing
degree.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 401 of such title is amended by striking
the item relating to section 4314 and inserting the following
new item:
``4314. Degree granting authority for United States Army Command and
General Staff College.''.
(d) United States Army War College.--
(1) In general.--Section 4321 of title 10, United States
Code, is amended to read as follows:
``Sec. 4321. Degree granting authority for United States Army
War College
``(a) Authority.--Under regulations prescribed by the
Secretary of the Army, the Commandant of the United States
Army War College may, upon the recommendation of the faculty
and dean of the college, confer appropriate degrees upon
graduates who meet the degree requirements.
``(b) Limitation.--A degree may not be conferred under this
section unless--
``(1) the Secretary of Education has recommended approval
of the degree in accordance with the Federal Policy Governing
Granting of Academic Degrees by Federal Agencies; and
``(2) the United States Army War College is accredited by
the appropriate civilian academic accrediting agency or
organization to award the degree, as determined by the
Secretary of Education.
``(c) Congressional Notification Requirements.--(1) When
seeking to establish degree granting authority under this
section, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives--
``(A) a copy of the self assessment questionnaire required
by the Federal Policy Governing Granting of Academic Degrees
by Federal Agencies, at the time the assessment is submitted
to the Department of Education's National Advisory Committee
on Institutional Quality and Integrity; and
``(B) the subsequent recommendations and rationale of the
Secretary of Education regarding the establishment of the
degree granting authority.
``(2) Upon any modification or redesignation of existing
degree granting authority, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a report containing the rationale
for the proposed modification or redesignation and any
subsequent recommendation of the Secretary of Education on
the proposed modification or redesignation.
``(3) The Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report containing an explanation of any
action by the appropriate academic accrediting agency or
organization not to accredit the United States Army War
College to award any new or existing degree.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 401 of such title is amended by striking
the item relating to section 4321 and inserting the following
new item:
``4321. Degree granting authority for United States Army War
College.''.
(e) United States Naval Postgraduate School.--
(1) In general.--Section 7048 of such title is amended to
read as follows:
``Sec. 7048. Degree granting authority for United States
Naval Postgraduate School
``(a) Authority.--Under regulations prescribed by the
Secretary of the Navy, the President of the Naval
Postgraduate School may, upon the recommendation of the
faculty of the Naval Postgraduate School, confer appropriate
degrees upon graduates who meet the degree requirements.
``(b) Limitation.--A degree may not be conferred under this
section unless--
``(1) the Secretary of Education has recommended approval
of the degree in accordance with the Federal Policy Governing
Granting of Academic Degrees by Federal Agencies; and
``(2) the Naval Postgraduate School is accredited by the
appropriate civilian academic accrediting agency or
organization to award the degree, as determined by the
Secretary of Education.
``(c) Congressional Notification Requirements.--(1) When
seeking to establish degree granting authority under this
section, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives--
``(A) a copy of the self assessment questionnaire required
by the Federal Policy Governing Granting of Academic Degrees
by Federal Agencies, at the time the assessment is submitted
to the Department of Education's National Advisory Committee
on Institutional Quality and Integrity; and
[[Page 20839]]
``(B) the subsequent recommendations and rationale of the
Secretary of Education regarding the establishment of the
degree granting authority.
``(2) Upon any modification or redesignation of existing
degree granting authority, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a report containing the rationale
for the proposed modification or redesignation and any
subsequent recommendation of the Secretary of Education on
the proposed modification or redesignation.
``(3) The Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report containing an explanation of any
action by the appropriate academic accrediting agency or
organization not to accredit the Naval Postgraduate School to
award any new or existing degree.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 605 of such title is amended by striking
the item relating to section 7048 and inserting the following
new item:
``7048. Degree granting authority for United States Naval Postgraduate
School.''.
(f) Naval War College.--
(1) In general.--Section 7101 of such title is amended to
read as follows:
``Sec. 7101. Degree granting authority for Naval War College
``(a) Authority.--Under regulations prescribed by the
Secretary of the Navy, the President of the Naval War College
may, upon the recommendation of the faculty of the Naval War
College components, confer appropriate degrees upon graduates
who meet the degree requirements.
``(b) Limitation.--A degree may not be conferred under this
section unless--
``(1) the Secretary of Education has recommended approval
of the degree in accordance with the Federal Policy Governing
Granting of Academic Degrees by Federal Agencies; and
``(2) the Naval War College is accredited by the
appropriate civilian academic accrediting agency or
organization to award the degree, as determined by the
Secretary of Education.
``(c) Congressional Notification Requirements.--(1) When
seeking to establish degree granting authority under this
section, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives--
``(A) a copy of the self assessment questionnaire required
by the Federal Policy Governing Granting of Academic Degrees
by Federal Agencies, at the time the assessment is submitted
to the Department of Education's National Advisory Committee
on Institutional Quality and Integrity; and
``(B) the subsequent recommendations and rationale of the
Secretary of Education regarding the establishment of the
degree granting authority.
``(2) Upon any modification or redesignation of existing
degree granting authority, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a report containing the rationale
for the proposed modification or redesignation and any
subsequent recommendation of the Secretary of Education on
the proposed modification or redesignation.
``(3) The Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report containing an explanation of any
action by the appropriate academic accrediting agency or
organization not to accredit the Naval War College to award
any new or existing degree.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 609 of such title is amended by striking
the item relating to section 7101 and inserting the following
new item:
``7101. Degree granting authority for Naval War College.''.
(g) Marine Corps University.--
(1) In general.--Section 7102 of such title is amended to
read as follows:
``Sec. 7102. Degree granting authority for Marine Corps
University
``(a) Authority.--Under regulations prescribed by the
Secretary of the Navy, the President of the Marine Corps
University may, upon the recommendation of the directors and
faculty of the Marine Corps University, confer appropriate
degrees upon graduates who meet the degree requirements.
``(b) Limitation.--A degree may not be conferred under this
section unless--
``(1) the Secretary of Education has recommended approval
of the degree in accordance with the Federal Policy Governing
Granting of Academic Degrees by Federal Agencies; and
``(2) the Marine Corps University is accredited by the
appropriate civilian academic accrediting agency or
organization to award the degree, as determined by the
Secretary of Education.
``(c) Congressional Notification Requirements.--(1) When
seeking to establish degree granting authority under this
section, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives--
``(A) a copy of the self assessment questionnaire required
by the Federal Policy Governing Granting of Academic Degrees
by Federal Agencies, at the time the assessment is submitted
to the Department of Education's National Advisory Committee
on Institutional Quality and Integrity; and
``(B) the subsequent recommendations and rationale of the
Secretary of Education regarding the establishment of the
degree granting authority.
``(2) Upon any modification or redesignation of existing
degree granting authority, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a report containing the rationale
for the proposed modification or redesignation and any
subsequent recommendation of the Secretary of Education on
the proposed modification or redesignation.
``(3) The Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report containing an explanation of any
action by the appropriate academic accrediting agency or
organization not to accredit the Marine Corps University to
award any new or existing degree.
``(d) Board of Advisors.--The Secretary of the Navy shall
establish a board of advisors for the Marine Corps
University. The Secretary shall ensure that the board is
established so as to meet all requirements of the appropriate
regional accrediting association.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 609 of such title is amended by striking
the item relating to section 7102 and inserting the following
new item:
``7102. Degree granting authority for Marine Corps University.''.
(h) United States Air Force Institute of Technology.--
(1) In general.--Section 9314 of such title is amended to
read as follows:
``Sec. 9314. Degree granting authority for United States Air
Force Institute of Technology
``(a) Authority.--Under regulations prescribed by the
Secretary of the Air Force, the commander of the Air
University may, upon the recommendation of the faculty of the
United States Air Force Institute of Technology, confer
appropriate degrees upon graduates of the United States Air
Force Institute of Technology who meet the degree
requirements.
``(b) Limitation.--A degree may not be conferred under this
section unless--
``(1) the Secretary of Education has recommended approval
of the degree in accordance with the Federal Policy Governing
Granting of Academic Degrees by Federal Agencies; and
``(2) the United States Air Force Institute of Technology
is accredited by the appropriate civilian academic
accrediting agency or organization to award the degree, as
determined by the Secretary of Education.
``(c) Congressional Notification Requirements.--(1) When
seeking to establish degree granting authority under this
section, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives--
``(A) a copy of the self assessment questionnaire required
by the Federal Policy Governing Granting of Academic Degrees
by Federal Agencies, at the time the assessment is submitted
to the Department of Education's National Advisory Committee
on Institutional Quality and Integrity; and
``(B) the subsequent recommendations and rationale of the
Secretary of Education regarding the establishment of the
degree granting authority.
``(2) Upon any modification or redesignation of existing
degree granting authority, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a report containing the rationale
for the proposed modification or redesignation and any
subsequent recommendation of the Secretary of Education on
the proposed modification or redesignation.
``(3) The Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report containing an explanation of any
action by the appropriate academic accrediting agency or
organization not to accredit the United States Air Force
Institute of Technology to award any new or existing degree.
``(d) Civilian Faculty.--(1) The Secretary of the Air Force
may employ as many civilian faculty members at the United
States Air Force Institute of Technology as is consistent
with the needs of the Air Force and with Department of
Defense personnel limits.
``(2) The Secretary shall prescribe regulations
determining--
``(A) titles and duties of civilian members of the faculty;
and
``(B) pay of civilian members of the faculty,
notwithstanding chapter 53 of title 5, but subject to the
limitation set out in section 5373 of title 5.
``(e) Reimbursement and Tuition.--(1) The Department of the
Army, the Department of the Navy, and the Department of
Homeland Security shall bear the cost of the instruction at
the Air Force Institute of Technology that is received by
members of the armed forces detailed for that instruction by
the
[[Page 20840]]
Secretaries of the Army, Navy, and Homeland Security,
respectively.
``(2) Members of the Army, Navy, Marine Corps, and Coast
Guard may only be detailed for instruction at the Institute
on a space-available basis.
``(3) In the case of an enlisted member of the Army, Navy,
Marine Corps, and Coast Guard permitted to receive
instruction at the Institute, the Secretary of the Air Force
shall charge that member only for such costs and fees as the
Secretary considers appropriate (taking into consideration
the admission of enlisted members on a space-available
basis).
``(f) Acceptance of Research Grants.--(1) The Secretary of
the Air Force may authorize the Commandant of the United
States Air Force Institute of Technology to accept qualifying
research grants. Any such grant may only be accepted if the
work under the grant is to be carried out by a professor or
instructor of the Institute for a scientific, literary, or
educational purpose.
``(2) A qualifying research grant under this subsection is
a grant that is awarded on a competitive basis by an entity
referred to in paragraph (3) for a research project with a
scientific, literary, or educational purpose.
``(3) A grant may be accepted under this subsection only
from a corporation, fund, foundation, educational
institution, or similar entity that is organized and operated
primarily for scientific, literary, or educational purposes.
``(4) The Secretary shall establish an account for
administering funds received as research grants under this
section. The Commandant of the Institute shall use the funds
in the account in accordance with applicable provisions of
the regulations and the terms and condition of the grants
received.
``(5) Subject to such limitations as may be provided in
appropriations Acts, appropriations available for the
Institute may be used to pay expenses incurred by the
Institute in applying for, and otherwise pursuing, the award
of qualifying research grants.
``(6) The Secretary shall prescribe regulations for the
administration of this subsection.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 901 of such title is amended by striking
the item relating to section 9314 and inserting the following
new item:
``9314. Degree granting authority for United States Air Force Institute
of Technology.''.
(i) Air University.--
(1) In general.--Section 9317 of such title is amended to
read as follows:
``Sec. 9317. Degree granting authority for Air University
``(a) Authority.--Except as provided in sections 9314 and
9315 of this title, under regulations prescribed by the
Secretary of the Air Force, the commander of the Air
University may, upon the recommendation of the faculty of the
Air University components, confer appropriate degrees upon
graduates who meet the degree requirements.
``(b) Limitation.--A degree may not be conferred under this
section unless--
``(1) the Secretary of Education has recommended approval
of the degree in accordance with the Federal Policy Governing
Granting of Academic Degrees by Federal Agencies; and
``(2) the Air University is accredited by the appropriate
civilian academic accrediting agency or organization to award
the degree, as determined by the Secretary of Education.
``(c) Congressional Notification Requirements.--(1) When
seeking to establish degree granting authority under this
section, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives--
``(A) a copy of the self assessment questionnaire required
by the Federal Policy Governing Granting of Academic Degrees
by Federal Agencies, at the time the assessment is submitted
to the Department of Education's National Advisory Committee
on Institutional Quality and Integrity; and
``(B) the subsequent recommendations and rationale of the
Secretary of Education regarding the establishment of the
degree granting authority.
``(2) Upon any modification or redesignation of existing
degree granting authority, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a report containing the rationale
for the proposed modification or redesignation and any
subsequent recommendation of the Secretary of Education on
the proposed modification or redesignation.
``(3) The Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report containing an explanation of any
action by the appropriate academic accrediting agency or
organization not to accredit the Air University to award any
new or existing degree.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 901 of such title is amended by striking
the item relating to section 9317 and inserting the following
new item:
``9317. Degree granting authority for Air University.''.
(j) Effective Date.--The amendments made by this section
shall apply to any degree granting authority established,
modified, or redesignated on or after the date of enactment
of this Act for an institution of professional military
education referred to in such amendments.
SEC. 544. TUITION FOR ATTENDANCE OF FEDERAL EMPLOYEES AT THE
UNITED STATES AIR FORCE INSTITUTE OF
TECHNOLOGY.
Subsection (e) of section 9314 of title 10, United States
Code, as amended by section 543(h), is further amended by
adding at the end the following new paragraphs:
``(4)(A) The Institute shall charge tuition for the cost of
providing instruction at the Institute for any civilian
employee of a military department (other than a civilian
employee of the Department of the Air Force), of another
component of the Department of Defense, or of another Federal
agency who receives instruction at the Institute.
``(B) The cost of any tuition charged an individual under
this paragraph shall be borne by the department, agency, or
component sending the individual for instruction at the
Institute.
``(5) Amounts received by the Institute for the instruction
of students under this subsection shall be retained by the
Institute. Such amounts shall be available to the Institute
to cover the costs of such instruction. The source and
disposition of such amounts shall be specifically identified
in the records of the Institute.''.
SEC. 545. INCREASE IN NUMBER OF PERMANENT PROFESSORS AT THE
UNITED STATES AIR FORCE ACADEMY.
Section 9331(b)(4) of title 10, United States Code, is
amended by striking ``21 permanent professors'' and inserting
``23 permanent professors''.
SEC. 546. REQUIREMENT OF COMPLETION OF SERVICE UNDER
HONORABLE CONDITIONS FOR PURPOSES OF
ENTITLEMENT TO EDUCATIONAL ASSISTANCE FOR
RESERVE COMPONENT MEMBERS SUPPORTING
CONTINGENCY OPERATIONS.
(a) Requirement of Honorable Service.--Section 16164(a)(2)
of title 10, United States Code, is amended by striking
``other than dishonorable conditions'' and inserting
``honorable conditions''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act
and shall apply to a person described in section 16163 of
title 10, United States Code, who--
(1) separates from a reserve component on or after January
28, 2008, the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2008; and
(2) as of the date of the enactment of this Act, has not
used any of the person's entitlement to educational
assistance under chapter 1607 of such title.
SEC. 547. CONSISTENT EDUCATION LOAN REPAYMENT AUTHORITY FOR
HEALTH PROFESSIONALS IN REGULAR COMPONENTS AND
SELECTED RESERVE.
Section 16302(c) of title 10, United States Code, is
amended by striking paragraphs (2) and (3) and inserting the
following new paragraph:
``(2) The annual maximum amount of a loan that may be
repaid under this section shall be the same as the maximum
amount in effect for the same year under subsection (e)(2) of
section 2173 of this title for the education loan repayment
program under such section.''.
SEC. 548. INCREASE IN NUMBER OF UNITS OF JUNIOR RESERVE
OFFICERS' TRAINING CORPS.
(a) Plan for Increase.--The Secretary of Defense, in
consultation with the Secretaries of the military
departments, shall develop and implement a plan to establish
and support, not later than September 30, 2020, not less than
3,700 units of the Junior Reserve Officers' Training Corps.
(b) Exceptions.--The requirement imposed in subsection (a)
shall not apply--
(1) if the Secretary fails to receive an adequate number or
requests for Junior Reserve Officers' Training Corps units by
public and private secondary educational institutions; or
(2) during a time of national emergency when the
Secretaries of the military departments determine that
funding must be allocated elsewhere.
(c) Cooperation.--The Secretary of Defense, as part of the
plan to establish and support additional Junior Reserve
Officers' Training Corps units, shall work with local
educational agencies to increase the employment in Junior
Reserve Officers' Training Corps units of retired members of
the Armed Forces who are retired under chapter 61 of title
10, United States Code, especially members who were wounded
or injured while deployed in a contingency operation.
(d) Report on Plan.--Upon completion of the plan, the
Secretary of Defense shall provide a report to the
congressional defense committees containing, at a minimum,
the following:
(1) A description of how the Secretaries of the military
departments expect to achieve the number of units of the
Junior Reserve Officers' Training Corps specified in
subsection (a), including how many units will be established
per year by each service.
(2) The annual funding necessary to support the increase in
units, including the personnel costs associated.
[[Page 20841]]
(3) The number of qualified private and public schools, if
any, who have requested a Junior Reserve Officers' Training
Corps unit that are on a waiting list.
(4) Efforts to improve the increased distribution of units
geographically across the United States.
(5) Efforts to increase distribution of units in
educationally and economically deprived areas.
(6) Efforts to enhance employment opportunities for
qualified former military members retired for disability,
especially those wounded while deployed in a contingency
operation.
(e) Time for Submission.--The plan required under
subsection (a), along with the report required by subsection
(d), shall be submitted to the congressional defense
committees not later than March 31, 2009. The Secretary of
Defense shall submit an up-dated report annually thereafter
until the minimum number of units of the Junior Reserve
Officers' Training Corps specified in subsection (a) is
achieved.
SEC. 549. CORRECTION OF ERRONEOUS ARMY COLLEGE FUND BENEFIT
AMOUNTS.
(a) Correction and Payment Authority.--
(1) Consideration of requests for correction.--The
Secretary of the Army may consider, through the Army Board
for the Correction of Military Records, a request for the
correction of military records relating to the amount of the
Army College Fund benefit to which a member or former member
of the Armed Forces may be entitled under an Army Incentive
Program contract.
(2) Payment authority.--If the Secretary of the Army
determines that the correction of military records is
appropriate in response to a request received under paragraph
(1), the Secretary may pay such amounts as the Secretary
considers necessary to ensure fairness and equity with regard
to the request.
(b) Exception to Payment Limits.--A payment under
subsection (a)(2) may be made without regard to any limits on
the total combined amounts established for the Army College
Fund and the Montgomery G.I. Bill.
(c) Funding Source.--Payments under subsection (a)(2) shall
be made solely from funds appropriated for military personnel
programs for fiscal year 2009.
(d) Termination Date.--No payment may be made under
subsection (a)(2) after December 31, 2009.
SEC. 550. ENHANCING EDUCATION PARTNERSHIPS TO IMPROVE
ACCESSIBILITY AND FLEXIBILITY FOR MEMBERS OF
THE ARMED FORCES.
(a) Authority.--The Secretary of a military department may
enter into one or more education partnership agreements with
educational institutions in the United States for the purpose
of--
(1) developing plans to improve the accessibility and
flexibility of college courses available to eligible members
of the Armed Forces;
(2) improving the application process for the Armed Forces
tuition assistance programs and raising awareness regarding
educational opportunities available to such members;
(3) developing curriculum, distance education programs, and
career counseling designed to meet the professional,
financial, academic, and social needs of such members; and
(4) assessing how resources may be applied more effectively
to meet the educational needs of such members.
(b) Cost.--Except as provided in this section, execution of
an education partnership agreement with an educational
institution shall be at no cost to the Government.
(c) Educational Institution Defined.--In this section, the
term ``educational institution'' means an accredited college,
university, or technical school in the United States.
Subtitle F--Defense Dependents' Education
SEC. 551. CONTINUATION OF AUTHORITY TO ASSIST LOCAL
EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF
MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF
DEFENSE CIVILIAN EMPLOYEES.
(a) Assistance to Schools With Significant Numbers of
Military Dependent Students.--Of the amount authorized to be
appropriated for fiscal year 2009 pursuant to section 301(5)
for operation and maintenance for Defense-wide activities,
$35,000,000 shall be available only for the purpose of
providing assistance to local educational agencies under
subsection (a) of section 572 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163;
119 Stat. 3271; 20 U.S.C. 7703b).
(b) Assistance to Schools With Enrollment Changes Due to
Base Closures, Force Structure Changes, or Force
Relocations.--Of the amount authorized to be appropriated for
fiscal year 2009 pursuant to section 301(5) for operation and
maintenance for Defense-wide activities, $15,000,000 shall be
available only for the purpose of providing assistance to
local educational agencies under subsection (b) of such
section 572.
(c) Local Educational Agency Defined.--In this section, the
term ``local educational agency'' has the meaning given that
term in section 8013(9) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7713(9)).
SEC. 552. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.
Of the amount authorized to be appropriated for fiscal year
2009 pursuant to section 301(5) for operation and maintenance
for Defense-wide activities, $5,000,000 shall be available
for payments under section 363 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by Public Law 106-398; 114 Stat. 1654A-77;
20 U.S.C. 7703a).
SEC. 553. TRANSITION OF MILITARY DEPENDENT STUDENTS AMONG
LOCAL EDUCATIONAL AGENCIES.
Subsection (d) of section 574 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law
109-364; 120 Stat. 2227; 20 U.S.C. 7703b note) is amended to
read as follows:
``(d) Transition of Military Dependents Among Local
Educational Agencies.--(1) The Secretary of Defense shall
work collaboratively with the Secretary of Education in any
efforts to ease the transitions of military dependent
students from Department of Defense dependent schools to
other schools and among schools of local educational
agencies.
``(2) The Secretary of Defense may use funds of the
Department of Defense Education Activity for the following
purposes:
``(A) To share expertise and experience of the Activity
with local educational agencies as military dependent
students make the transitions described in paragraph (1),
including transitions resulting from the closure or
realignment of military installations under a base closure
law, global rebasing, and force restructuring.
``(B) To provide programs for local educational agencies
with military dependent students undergoing the transitions
described in paragraph (1), including--
``(i) distance learning programs; and
``(ii) training programs to improve the ability of military
dependent students who attend public schools in the United
States and their teachers to meet the educational needs of
such students.
``(3) The authority provided by this subsection expires
September 30, 2013.''.
SEC. 554. CALCULATION OF PAYMENTS FOR ELIGIBLE FEDERALLY
CONNECTED CHILDREN UNDER DEPARTMENT OF
EDUCATION'S IMPACT AID PROGRAM.
In fiscal year 2009, section 8003(a)(2)(C)(i) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7703(a)(2)(C)(i)) shall be applied by substituting ``5,000''
for ``6,500''.
Subtitle G--Military Justice
SEC. 561. EFFECTIVE PERIOD OF MILITARY PROTECTIVE ORDERS.
(a) In General.--Chapter 80 of title 10, United States
Code, is amended by adding at the end the following new
section:
``SEC. 1567. DURATION OF MILITARY PROTECTIVE ORDERS.
``A military protective order issued by a military
commander shall remain in effect until such time as the
military commander terminates the order or issues a
replacement order.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``1567. Duration of military protective orders.''.
SEC. 562. MANDATORY NOTIFICATION OF ISSUANCE OF MILITARY
PROTECTIVE ORDER TO CIVILIAN LAW ENFORCEMENT.
(a) In General.--Chapter 80 of title 10, United States
Code, is amended by inserting after section 1567, as added by
section 561, the following new section:
``SEC. 1567A. MANDATORY NOTIFICATION OF ISSUANCE OF MILITARY
PROTECTIVE ORDER TO CIVILIAN LAW ENFORCEMENT.
``(a) Initial Notification.--In the event a military
protective order is issued against a member of the armed
forces and any individual involved in the order does not
reside on a military installation at any time during the
duration of the military protective order, the commander of
the military installation shall notify the appropriate
civilian authorities of--
``(1) the issuance of the protective order; and
``(2) the individuals involved in the order.
``(b) Notification of Changes or Termination.--The
commander of the military installation also shall notify the
appropriate civilian authorities of--
``(1) any change made in a protective order covered by
subsection (a); and
``(2) the termination of the protective order.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1567 the following new item:
``1567a. Mandatory notification of issuance of military protective
order to civilian law enforcement.''.
SEC. 563. IMPLEMENTATION OF INFORMATION DATABASE ON SEXUAL
ASSAULT INCIDENTS IN THE ARMED FORCES.
(a) Database Required.--The Secretary of Defense shall
implement a centralized, case-level database for the
collection, in a manner consistent with Department of Defense
regulations for restricted reporting, and maintenance of
information regarding sexual
[[Page 20842]]
assaults involving a member of the Armed Forces, including
information, if available, about the nature of the assault,
the victim, the offender, and the outcome of any legal
proceedings in connection with the assault.
(b) Availability of Database.--The database required by
subsection (a) shall be available to personnel of the Sexual
Assault Prevention and Response Office of the Department of
Defense.
(c) Implementation.--
(1) Plan for implementation.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense committees
a plan to provide for the implementation of the database
required by subsection (a).
(2) Relation to defense incident-based reporting system.--
Not later than 180 days after the date of enactment of this
Act, the Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and House of Representatives
a report containing--
(A) a description of the current status of the Defense
Incident-Based Reporting System; and
(B) an explanation of how the Defense Incident-Based
Reporting System will relate to the database required by
subsection (a)
(3) Completion.--Not later than 15 months after the date of
enactment of this Act, the Secretary shall complete
implementation of the database required by subsection (a).
(d) Reports.--The database required by subsection (a) shall
be used to develop and implement congressional reports, as
required by--
(1) section 577(f) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375);
(2) section 596(c) of the National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109-163);
(3) section 532 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364);
and
(4) sections 4361, 6980, and 9361 of title 10, United
States Code.
(e) Terminology.--Section 577(b) of the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005
(Public Law 108-375) is amended by adding at the end the
following new paragraph:
``(12) The Secretary shall implement clear, consistent, and
streamlined sexual assault terminology for use throughout the
Department of Defense.''.
Subtitle H--Decorations, Awards, and Honorary Promotions
SEC. 571. REPLACEMENT OF MILITARY DECORATIONS.
(a) Replacement Required.--Chapter 57 of title 10, United
States Code, is amended by adding at the end the following
new section:
``Sec. 1135. Replacement of military decorations
``(a) Replacement.--In addition to other authorities
available to the Secretary concerned to replace a military
decoration, the Secretary concerned shall replace, on a one-
time basis and without charge, a military decoration upon the
request of the recipient of the military decoration or the
immediate next of kin of a deceased recipient.
``(b) Military Decoration Defined.--In this section, the
term `decoration' means any decoration or award (other than
the medal of honor) that may be presented or awarded by the
President or the Secretary concerned to a member of the armed
forces.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``1135. Replacement of military decorations.''.
SEC. 572. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF
HONOR TO RICHARD L. ETCHBERGER FOR ACTS OF
VALOR DURING THE VIETNAM WAR.
(a) Authorization.--Notwithstanding the time limitations
specified in section 8744 of title 10, United States Code, or
any other time limitation with respect to the awarding of
certain medals to persons who served in the Armed Forces, the
President is authorized and requested to award the Medal of
Honor under section 8741 of such title to former Chief Master
Sergeant Richard L. Etchberger for the acts of valor during
the Vietnam War described in subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to
in subsection (a) are the actions of then Chief Master
Sergeant Richard L. Etchberger as Ground Radar Superintendent
of Detachment 1, 1043rd Radar Evaluation Squadron on March
11, 1968, during the Vietnam War for which he was originally
awarded the Air Force Cross.
Subtitle I--Military Families
SEC. 581. PRESENTATION OF BURIAL FLAG TO THE SURVIVING SPOUSE
AND CHILDREN OF DECEASED MEMBERS OF THE ARMED
FORCES.
(a) Inclusion of Surviving Spouse and Children;
Consolidation of Flag-Related Authorities.--Subsection (e) of
section 1482 of title 10, United States Code, is amended--
(1) by designating the current text as paragraph (2) and
redesignating current paragraphs (1) and (2) as subparagraphs
(A) and (B), respectively;
(2) by inserting before paragraph (2), as so designated,
the following:
``(e) Presentation of Flag of the United States.--(1) In
the case of a decedent covered by section 1481 of this title,
the Secretary concerned may pay the necessary expenses for
the presentation of a flag of the United States to the
following persons:
``(A) The person designated under subsection (c) to direct
disposition of the remains of the decedent.
``(B) The parents or parent of the decedent, if the person
to be presented a flag under subparagraph (A) is other than a
parent of the decedent.
``(C) The surviving spouse of the decedent (including a
surviving spouse who remarries after the decedent's death),
if the person to be presented a flag under subparagraph (A)
is other than the surviving spouse.
``(D) Each child of the decedent, regardless of whether the
person to be presented a flag under subparagraph (A) is a
child of the decedent.''; and
(3) by inserting at the end the following new paragraphs:
``(3) A flag to be presented to a person under subparagraph
(B), (C), or (D) of paragraph (1) shall be of equal size to
the flag presented under subparagraph (A) of such paragraph
to the person designated to direct disposition of the remains
of the decedent.
``(4) This subsection does not apply to a military prisoner
who dies while in the custody of the Secretary concerned and
while under a sentence that includes a discharge.
``(5) In this subsection:
``(A) The term `parent' includes a natural parent, a
stepparent, a parent by adoption, or a person who for a
period of not less than one year before the death of the
decedent stood in loco parentis to the decedent. Preference
under paragraph (1)(B) shall be given to the persons who
exercised a parental relationship at the time of, or most
nearly before, the death of the decedent.
``(B) The term `child' has the meaning prescribed by
section 1477(d) of this title.''.
(b) Repeal of Superseded Provisions.--Subsection (a) of
such section is amended by striking paragraphs (10) and (11).
SEC. 582. EDUCATION AND TRAINING OPPORTUNITIES FOR MILITARY
SPOUSES.
(a) Employment and Portable Career Opportunities for
Spouses.--Subchapter I of chapter 88 of title 10, United
States Code, is amended by inserting after section 1784 the
following new section:
``Sec. 1784a. Education and training opportunities for
military spouses to expand employment and portable career
opportunities
``(a) Programs and Tuition Assistance.--(1) The Secretary
of Defense may establish programs to assist the spouse of a
member of the armed forces described in subsection (b) in
achieving--
``(A) the education and training required for a degree or
credential at an accredited college, university, or technical
school in the United States that expands employment and
portable career opportunities for the spouse; or
``(B) the education prerequisites and professional
licensure or credential required, by a government or
government sanctioned licensing body, for an occupation that
expands employment and portable career opportunities for the
spouse.
``(2) As an alternative to, or in addition to, establishing
a program under this subsection, the Secretary may provide
tuition assistance to an eligible spouse who is pursuing
education, training, or a license or credential to expand the
spouse's employment and portable career opportunities.
``(b) Eligible Spouses.--Assistance under this section is
limited to a spouse of a member of the armed forces who is
serving on active duty.
``(c) Exceptions.--Subsection (b) does not include--
``(1) a person who is married to, but legally separated
from, a member of the armed forces under court order or
statute of any State or territorial possession of the United
States; and
``(2) a spouse of a member of the armed forces who is also
a member of the armed forces.
``(d) Portable Career Opportunities Defined.--In this
section, the term `portable career' includes an occupation
identified by the Secretary of Defense, in consultation with
the Secretary of Labor, as requiring education and training
that results in a credential that is recognized nationwide by
industry or specific businesses.
``(e) Regulations.--The Secretary of Defense shall
prescribe regulations to govern the availability and use of
assistance under this section. The Secretary shall ensure
that programs established under this section do not result in
inequitable treatment for spouses of members of the armed
forces who are also members, since they are excluded from
participation in the programs under subsection (c)(2).''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after
the item relating to section 1784 the following new item:
``1784a. Education and training opportunities for military spouses to
expand employment and portable career opportunities.''.
[[Page 20843]]
SEC. 583. SENSE OF CONGRESS REGARDING HONOR GUARD DETAILS FOR
FUNERALS OF VETERANS.
It is the sense of Congress that the Secretaries of the
military departments should, to the maximum extent
practicable, provide honor guard details for the funerals of
veterans as is required under section 1491 of title 10,
United States Code, as added by section 567(b) of Public Law
105-261 (112 Stat. 2030).
Subtitle J--Other Matters
SEC. 591. PROHIBITION ON INTERFERENCE IN INDEPENDENT LEGAL
ADVICE BY THE LEGAL COUNSEL TO THE CHAIRMAN OF
THE JOINT CHIEFS OF STAFF.
Section 156(d) of title 10, United States Code, is
amended--
(1) by inserting ``(1)'' before ``The Legal Counsel''; and
(2) by adding at the end the following new paragraph:
``(2) No officer or employee of the Department of Defense
may interfere with the ability of the Legal Counsel to give
independent legal advice to the Chairman of the Joint Chiefs
of Staff and to the Joint Chiefs of Staff.''.
SEC. 592. INTEREST PAYMENTS ON CERTAIN CLAIMS ARISING FROM
CORRECTION OF MILITARY RECORDS.
(a) Interest Payable on Claims.--Subsection (c) of section
1552 of title 10, United States Code, is amended by adding at
the end the following new paragraph:
``(4) If the correction of military records under this
section involves setting aside a conviction by court-martial,
the payment of a claim under this subsection in connection
with the correction of the records shall include interest at
a rate to be determined by the Secretary concerned, unless
the Secretary determines that the payment of interest is
inappropriate under the circumstances. If the payment of the
claim is to include interest, the interest shall be
calculated on an annual basis, and compounded, using the
amount of the lost pay, allowances, compensation, emoluments,
or other pecuniary benefits involved, and the amount of any
fine or forfeiture paid, beginning from the date of the
conviction through the date on which the payment is made.''.
(b) Clerical Amendments.--Subsection (c) of such section is
further amended--
(1) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively;
(2) by inserting ``(1)'' after ``(c)'';
(3) by striking ``If the claimant'' and inserting the
following:
``(2) If the claimant''; and
(4) by striking ``A claimant's acceptance'' and inserting
the following:
``(3) A claimant's acceptance''.
(c) Retroactive Effectiveness of Amendments.--The amendment
made by subsection (a) shall apply with respect to any
sentence of a court-martial set aside by a Corrections Board
on or after October 1, 2007, when the Corrections Board
includes an order or recommendation for the payment of a
claim for the loss of pay, allowances, compensation,
emoluments, or other pecuniary benefits, or for the repayment
of a fine or forfeiture, that arose as a result of the
conviction. In this subsection, the term ``Corrections
Board'' has the meaning given that term in section 1557 of
title 10, United States Code.
SEC. 593. EXTENSION OF LIMITATION ON REDUCTIONS OF PERSONNEL
OF AGENCIES RESPONSIBLE FOR REVIEW AND
CORRECTION OF MILITARY RECORDS.
Section 1559(a) of title 10, United States Code, is amended
by striking ``October 1, 2008'' and inserting ``December 31,
2010''.
SEC. 594. MODIFICATION OF MATCHING FUND REQUIREMENTS UNDER
NATIONAL GUARD YOUTH CHALLENGE PROGRAM.
(a) In General.--Subsection (d) of section 509 of title 32,
United States Code, is amended to read as follows:
``(d) Matching Funds Required.--(1) The amount of
assistance provided by the Secretary of Defense to a State
program of the Program for a fiscal year under this section
may not exceed 60 percent of the costs of operating the State
program during that fiscal year.
``(2) The limitation in paragraph (1) may not be construed
as a limitation on the amount of assistance that may be
provided to a State program of the Program for a fiscal year
from sources other than the Department of Defense.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2008, and shall apply with
respect to fiscal years beginning on or after that date.
SEC. 595. MILITARY SALUTE FOR THE FLAG DURING THE NATIONAL
ANTHEM BY MEMBERS OF THE ARMED FORCES NOT IN
UNIFORM AND BY VETERANS.
Section 301(b)(1) of title 36, United States Code, is
amended by striking subparagraphs (A) through (C) and
inserting the following new subparagraphs:
``(A) individuals in uniform should give the military
salute at the first note of the anthem and maintain that
position until the last note;
``(B) members of the Armed Forces and veterans who are
present but not in uniform may render the military salute in
the manner provided for individuals in uniform; and
``(C) all other persons present should face the flag and
stand at attention with their right hand over the heart, and
men not in uniform, if applicable, should remove their
headdress with their right hand and hold it at the left
shoulder, the hand being over the heart; and''.
SEC. 596. MILITARY LEADERSHIP DIVERSITY COMMISSION.
(a) Establishment of Commission.--There is hereby
established a commission to be known as the ``Military
Leadership Diversity Commission'' (in this section referred
to as the ``commission'').
(b) Composition.--
(1) Membership.--The commission shall be composed of the
following members:
(A) The Director of the Defense Manpower Management Center.
(B) The Director of the Defense Equal Opportunity
Management Institute.
(C) A commissioned officer from each of the Army, Navy, Air
Force, and Marine Corps who serves or has served in a
leadership position with either a military department command
or combatant command.
(D) A retired general or flag officer from each of the
Army, Navy, Air Force, and Marine Corps.
(E) A retired noncommissioned officer from each of the
Army, Navy, Air Force, and Marine Corps.
(F) Five retired commissioned officers who served in
leadership positions with either a military department
command or combatant command, of whom no less than three
shall represent the views of minority veterans.
(G) Four individuals with expertise in cultivating diverse
leaders in private or non-profit organizations.
(H) An attorney with appropriate experience and expertise
in constitutional and legal matters related to the duties and
responsibilities of the commission.
(2) Appointment.--The members of the commission referred to
in subparagraphs (C) through (H) of paragraph (1) shall be
appointed by the Secretary of Defense.
(3) Chairman.--The Secretary of Defense shall designate one
member described in paragraphs (1)(F) or (1)(G) as chairman
of the commission.
(4) Period of appointment; vacancies.--Members shall be
appointed for the life of the commission. Any vacancy in the
commission shall be filled in the same manner as the original
appointment.
(5) Deadline for appointment.--All members of the
commission shall be appointed not later than 60 days after
the date of the enactment of this Act.
(6) Quorum.--Fifteen members of the commission shall
constitute a quorum but a lesser number may hold hearings.
(c) Meetings.--
(1) Initial meeting.--The commission shall conduct its
first meeting not later than 30 days after the date on which
a majority of the appointed members of the commission have
been appointed.
(2) Meetings.--The commission shall meet at the call of the
chairman.
(d) Duties.--
(1) Study.--The commission shall conduct a comprehensive
evaluation and assessment of policies that provide
opportunities for the promotion and advancement of minority
members of the Armed Forces, including minority members who
are senior officers.
(2) Scope of study.--In carrying out the study, the
commission shall examine the following:
(A) The efforts to develop and maintain diverse leadership
at all levels of the Armed Forces.
(B) The successes and failures of developing and
maintaining a diverse leadership, particularly at the general
and flag officer positions.
(C) The effect of expanding Department of Defense secondary
educational programs to diverse civilian populations, to
include military service academy preparatory schools.
(D) The ability of current recruitment and retention
practices to attract and maintain a diverse pool of qualified
individuals in sufficient numbers in officer pre-
commissioning programs.
(E) The ability of current activities to increase
continuation rates for ethnic-and gender-specific members of
the Armed Forces.
(F) The benefits of conducting an annual conference
attended by civilian military, active-duty and retired
military, and corporate leaders on diversity, to include a
review of current policy and the annual demographic data from
the Defense Equal Opportunity Management Institute.
(G) The status of prior recommendations made to the
Department of Defense and to Congress concerning diversity
initiatives within the Armed Forces.
(H) The incorporation of private sector practices that have
been successful in cultivating diverse leadership.
(I) The establishment and maintenance of fair promotion and
command opportunities for ethnic- and gender-specific members
of the Armed Forces at the O-5 grade level and above.
[[Page 20844]]
(J) An assessment of pre-command billet assignments of
ethnic-specific members of the Armed Forces.
(K) An assessment of command selection of ethnic-specific
members of the Armed Forces.
(L) The development of a uniform definition, to be used
throughout the Department of Defense, of diversity that is
congruent with the core values and vision of the Department
for the future workforce.
(M) The existing metrics and milestones for evaluating the
diversity plans of the Department (including the plans of the
military departments) and for facilitating future evaluation
and oversight.
(N) The existence and maintenance of fair promotion,
assignment, and command opportunities for ethnic- and gender-
specific members of the Armed Forces at the levels of warrant
officer, chief warrant officer, company and junior grade,
field and mid-grade, and general and flag officer.
(O) The current institutional structure of the Office of
Diversity Management and Equal Opportunity of the Department,
and of similar officers of the military departments, and
their ability to ensure effective and accountable diversity
management across the Department.
(P) The options available for improving the substance or
implementation of current plans and policies of the
Department and the military departments.
(3) Consultation with private parties.--In carrying out the
study under this subsection, the commission may consult with
appropriate private, for profit, and non-profit organizations
and advocacy groups to learn methods for developing,
implementing, and sustaining senior diverse leadership within
the Department of Defense.
(e) Reports.--
(1) In general.--Not later than 12 months after the date on
which the commission first meets, the commission shall submit
to the President and Congress a report on the study. The
report shall include the following:
(A) The findings and conclusions of the commission.
(B) The recommendations of the commission for improving
diversity within the Armed Forces.
(C) Such other information and recommendations as the
commission considers appropriate.
(2) Interim reports.--The commission may submit to the
President and Congress interim reports as the Commission
considers appropriate.
(f) Powers of the Commission.--
(1) Hearings.--The commission may hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence as the commission considers
appropriate.
(2) Information from federal agencies.--Upon request by the
chairman of the commission, any department or agency of the
Federal Government may provide information that the
commission considers necessary to carry out its duties.
(g) Inclusion of Coast Guard.--
(1) Coast guard representation.--In addition to the members
of the commission required by subsection (b), the commission
shall include two additional members, appointed by the
Secretary of Homeland Security, in consultation with the
Commandant of the Coast Guard, as follows:
(A) A retired flag officer of the Coast Guard.
(B) A commissioned officer or noncommissioned officer of
the Coast Guard on active duty.
(2) Armed forces defined.--In this section, the term
``Armed Forces'' means the Army, Navy, Air Force, Marine
Corps, and Coast Guard.
(h) Termination of Commission.--The commission shall
terminate 60 days after the date on which the commission
submits the report under subsection (e)(1).
SEC. 597. DEMONSTRATION PROJECT ON SERVICE OF RETIRED NURSE
CORPS OFFICERS AS FACULTY AT CIVILIAN NURSING
SCHOOLS.
(a) In General.--The Secretary of Defense may conduct a
demonstration project to encourage retired military nurses to
serve as faculty at civilian nursing schools.
(b) Eligibility Requirements.--
(1) Individual.--An individual is eligible to participate
in the demonstration project if the individual--
(A) is a retired nurse corps officer of one of the Armed
Forces;
(B) has had at least 26 years of active Federal
commissioned service before retiring; and
(C) possesses a doctoral or master degree in nursing that
qualifies the officer to become a full faculty member of an
accredited school of nursing.
(2) Institution.--An accredited school of nursing is
eligible to participate in the demonstration project if the
school or its parent institution of higher education--
(A) is a school of nursing that is accredited to award, at
a minimum, a bachelor of science in nursing and provides
educational programs leading to such degree;
(B) has a resident Reserve Officers' Training Corps unit at
the institution of higher education that fulfils the
requirements of sections 2101 and 2102 of title 10, United
States Code;
(C) does not prevent Reserve Officers' Training Corps
access or military recruiting on campus, as defined in
section 983 of title 10, United States Code;
(D) provides any retired nurse corps officer participating
in the demonstration project a salary and other compensation
at the level to which other similarly situated faculty
members of the accredited school of nursing are entitled, as
determined by the Secretary of Defense; and
(E) agrees to comply with subsection (d).
(c) Compensation.--The Secretary of Defense may authorize a
Secretary of a military department to authorize qualified
institutions of higher education to employ as faculty those
eligible individuals (as described in subsection (b)) who are
receiving retired pay, whose qualifications are approved by
the Secretary and the institution of higher education
concerned, and who request such employment, subject to the
following:
(1) A retired nurse corps officer so employed is entitled
to receive the officer's retired pay without reduction by
reason of any additional amount paid to the officer by the
institution of higher education concerned. In the case of
payment of any such additional amount by the institution of
higher education concerned, the Secretary of the military
department concerned may pay to that institution the amount
equal to one-half the amount paid to the retired officer by
the institution for any period, up to a maximum of one-half
of the difference between the officer's retired pay for that
period and the active duty pay and allowances that the
officer would have received for that period if on active
duty. Payments by the Secretary concerned under this
paragraph shall be made from funds specifically appropriated
for that purpose.
(2) Notwithstanding any other provision of law contained in
title 10, title 32, or title 37, United States Code, such a
retired nurse corps officer is not, while so employed,
considered to be on active duty or inactive duty training for
any purpose.
(d) Scholarships for Nurse Officer Candidates.--For
purposes of the eligibility of an institution under
subsection (b)(2)(E), the following requirements apply:
(1) Each accredited school of nursing at which a retired
nurse corps officer serves on the faculty under this section
shall provide full academic scholarships to individuals
undertaking an educational program at such school leading to
a bachelor of science in nursing degree who agree, upon
completion of such program, to accept a commission as an
officer in the nurse corps of one of the Armed Forces.
(2) The total number of scholarships provided by an
accredited school of nursing under paragraph (1) for each
officer serving on the faculty of that school under this
section shall be such number as the Secretary of Defense
shall specify for purposes of this section.
(3) Each accredited school of nursing shall pay to the
Department of Defense an amount equal to the value of the
scholarship for every nurse officer candidate who fails to be
accessed as a nurse corps officer into one of the Armed
Forces within one year of receiving a bachelor of science
degree in nursing from that school.
(4) The Secretary concerned is authorized to discontinue
the demonstration project authorized in this section at any
institution of higher education that fails to fulfill the
requirements of paragraph (3).
(e) Report.--
(1) In general.--Not later than 24 months after the
commencement of any demonstration project under this section,
the Secretary of Defense shall submit to the congressional
defense committees a report on the demonstration project. The
report shall include a description of the project and a
description of plans for the continuation of the project, if
any.
(2) Elements.--The report shall also include, at a minimum,
the following:
(A) The current number of retired nurse corps officers who
have at least 26 years of active Federal commissioned service
who would be eligible to participate in the program.
(B) The number of retired nurse corps officers
participating in the demonstration project.
(C) The number of accredited schools of nursing
participating in the demonstration project.
(D) The number of nurse officer candidates who have
accessed into the military as commissioned nurse corps
officers.
(E) The number of scholarships awarded to nurse officer
candidates.
(F) The number of nurse officer candidates who have failed
to access into the military, if any.
(G) The amount paid to the Department of Defense in the
event any nurse officer candidates awarded scholarships by
the accredited school of nursing fail to access into the
military as commissioned nurse corps officers.
(H) The funds expended in the operation of the
demonstration project.
(I) The recommendation of the Secretary of Defense as to
whether the demonstration project should be extended.
(f) Definitions.--In this section, the terms ``school of
nursing'' and ``accredited'' have
[[Page 20845]]
the meeting given those terms in section 801 of the Public
Health Service Act (42 U.S.C. 296).
(g) Sunset.--The authority in this section shall expire on
June 30, 2014.
SEC. 598. REPORT ON PLANNING FOR PARTICIPATION AND HOSTING OF
THE DEPARTMENT OF DEFENSE IN INTERNATIONAL
SPORTS ACTIVITIES, COMPETITIONS, AND EVENTS.
(a) Report Required.--Not later than October 1, 2009, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report setting forth a comprehensive plan for the following:
(1) The participation by personnel of the Department of
Defense in international sports activities, competitions, and
events (including the Pan American Games, the Olympic Games,
the Paralympic Games, the Military World Games, other
activities of the International Military Sports Council
(CISM), and the Interallied Confederation of Reserve Officers
(CIOR)) through fiscal year 2015.
(2) The hosting by the Department of Defense of military
international sports activities, competitions, and events
through fiscal year 2015.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A discussion of the military international sports
activities, competitions, and events that the Department of
Defense intends to seek to host, an estimate of the costs of
hosting such activities, competitions, and events that the
Department intends to seek to host, and a description of the
sources of funding for such costs.
(2) A discussion of the use and replenishment of funds in
the account in the Treasury for the Support for International
Sporting Competitions for the hosting of such activities,
competitions, and events that the Department intends to seek
to host.
(3) A discussion of the support that may be obtained from
other departments and agencies of the Federal Government,
State and local governments, and private entities in
encouraging participation of members of the Armed Forces in
international sports activities, competitions, and events or
in hosting of military international sports activities,
competitions, and events.
(4) Such recommendations for legislative or administrative
action as the Secretary considers appropriate to implement or
enhance planning for the matters described in subsection (a).
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Fiscal year 2009 increase in military basic pay.
Sec. 602. Permanent extension of prohibition on charges for meals
received at military treatment facilities by members
receiving continuous care.
Sec. 603. Increase in maximum authorized payment or reimbursement
amount for temporary lodging expenses.
Sec. 604. Availability of second family separation allowance for
married couples with dependents.
Sec. 605. Extension of authority for income replacement payments for
reserve component members experiencing extended and
frequent mobilization for active duty service.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. Extension of certain bonus and special pay authorities for
Reserve forces.
Sec. 612. Extension of certain bonus and special pay authorities for
health care professionals.
Sec. 613. Extension of special pay and bonus authorities for nuclear
officers.
Sec. 614. Extension of authorities relating to payment of other title
37 bonuses and special pays.
Sec. 615. Extension of authorities relating to payment of referral
bonuses.
Sec. 616. Increase in maximum bonus and stipend amounts authorized
under Nurse Officer Candidate Accession Program and
health professions stipend program.
Sec. 617. Maximum length of nuclear officer incentive pay agreements
for service.
Sec. 618. Technical changes regarding consolidation of special pay,
incentive pay, and bonus authorities of the uniformed
services.
Sec. 619. Use of new skill incentive pay and proficiency bonus
authorities to encourage training in critical foreign
languages and foreign cultural studies and authorization
of incentive pay for members of precommissioning programs
pursuing foreign language proficiency.
Sec. 620. Accession and retention bonuses for the recruitment and
retention of officers in certain health professions.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Special weight allowance for transportation of professional
books and equipment for spouses.
Sec. 622. Shipment of family pets during evacuation of personnel.
Subtitle D--Retired Pay and Survivor Benefits
Sec. 631. Extension to survivors of certain members who die on active
duty of special survivor indemnity allowance for persons
affected by required Survivor Benefit Plan annuity offset
for dependency and indemnity compensation.
Sec. 632. Correction of unintended reduction in survivor benefit plan
annuities due to phased elimination of two-tier annuity
computation and supplemental annuity.
Subtitle E--Commissary and Nonappropriated Fund Instrumentality
Benefits and Operations
Sec. 641. Use of commissary stores surcharges derived from temporary
commissary initiatives for reserve component and retired
members.
Sec. 642. Enhanced enforcement of prohibition on sale or rental of
sexually explicit material on military installations.
Subtitle F--Other Matters
Sec. 651. Continuation of entitlement to bonuses and similar benefits
for members of the uniformed services who die, are
separated or retired for disability, or meet other
criteria.
Subtitle A--Pay and Allowances
SEC. 601. FISCAL YEAR 2009 INCREASE IN MILITARY BASIC PAY.
(a) Waiver of Section 1009 Adjustment.--The adjustment to
become effective during fiscal year 2009 required by section
1009 of title 37, United States Code, in the rates of monthly
basic pay authorized members of the uniformed services shall
not be made.
(b) Increase in Basic Pay.--Effective on January 1, 2009,
the rates of monthly basic pay for members of the uniformed
services are increased by 3.9 percent.
SEC. 602. PERMANENT EXTENSION OF PROHIBITION ON CHARGES FOR
MEALS RECEIVED AT MILITARY TREATMENT FACILITIES
BY MEMBERS RECEIVING CONTINUOUS CARE.
Section 402(h) of title 37, United States Code, is
amended--
(1) in paragraph (1), by striking ``during any month
covered by paragraph (3)'' and all that follows through
``this section''; and
(2) by striking paragraph (3).
SEC. 603. INCREASE IN MAXIMUM AUTHORIZED PAYMENT OR
REIMBURSEMENT AMOUNT FOR TEMPORARY LODGING
EXPENSES.
Section 404a(e) of title 37, United States Code, is amended
by striking ``$180 a day'' and inserting ``$290 a day''.
SEC. 604. AVAILABILITY OF SECOND FAMILY SEPARATION ALLOWANCE
FOR MARRIED COUPLES WITH DEPENDENTS.
(a) Availability.--Section 427(d) of title 37, United
States Code, is amended--
(1) by inserting ``(1)'' before ``A member'';
(2) by striking ``Section 421'' and inserting the
following:
``(3) Section 421'';
(3) by striking ``However'' and inserting ``Except as
provided in paragraph (2)''; and
(4) by inserting before paragraph (3), as so designated,
the following new paragraph:
``(2) If a married couple, both of whom are members of the
uniformed services, with dependents are simultaneously
assigned to duties described in subparagraph (A), (B), or (C)
of subsection (a)(1) and the members resided together with
their dependents immediately before their assignments, the
Secretary concerned shall pay each of the members the full
amount of the monthly allowance specified in such subsection
until one of the members is no longer assigned to duties
described in such subparagraphs. Upon expiration of the
additional allowance, paragraph (1) shall continue to apply
to the remaining member so long as the member is assigned to
duties described in subparagraph (A), (B), or (C) of such
subsection.''.
(b) Application of Amendment.--Paragraph (2) of subsection
(d) of section 427 of title 37, United States Code, as added
by subsection (a), shall apply with respect to members of the
uniformed services described in such paragraph who perform
service covered by subparagraph (A), (B), or (C) of
subsection (a)(1) such section on or after October 1, 2008.
SEC. 605. EXTENSION OF AUTHORITY FOR INCOME REPLACEMENT
PAYMENTS FOR RESERVE COMPONENT MEMBERS
EXPERIENCING EXTENDED AND FREQUENT MOBILIZATION
FOR ACTIVE DUTY SERVICE.
Section 910(g) of title 37, United States Code, is amended
by striking ``December 31, 2008'' and inserting ``December
31, 2009''.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR RESERVE FORCES.
(a) Selected Reserve Reenlistment Bonus.--Section 308b(g)
of title 37, United
[[Page 20846]]
States Code, is amended by striking ``December 31, 2008'' and
inserting ``December 31, 2009''.
(b) Selected Reserve Affiliation or Enlistment Bonus.--
Section 308c(i) of such title is amended by striking
``December 31, 2008'' and inserting ``December 31, 2009''.
(c) Special Pay for Enlisted Members Assigned to Certain
High Priority Units.--Section 308d(c) of such title is
amended by striking ``December 31, 2008'' and inserting
``December 31, 2009''.
(d) Ready Reserve Enlistment Bonus for Persons Without
Prior Service.--Section 308g(f)(2) of such title is amended
by striking ``December 31, 2008'' and inserting ``December
31, 2009''.
(e) Ready Reserve Enlistment and Reenlistment Bonus for
Persons With Prior Service.--Section 308h(e) of such title is
amended by striking ``December 31, 2008'' and inserting
``December 31, 2009''.
(f) Selected Reserve Enlistment Bonus for Persons With
Prior Service.--Section 308i(f) of such title is amended by
striking ``December 31, 2008'' and inserting ``December 31,
2009''.
SEC. 612. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR HEALTH CARE PROFESSIONALS.
(a) Nurse Officer Candidate Accession Program.--Section
2130a(a)(1) of title 10, United States Code, is amended by
striking ``December 31, 2008'' and inserting ``December 31,
2009''.
(b) Repayment of Education Loans for Certain Health
Professionals Who Serve in the Selected Reserve.--Section
16302(d) of such title is amended--
(1) by striking ``before'' and inserting ``on or before'';
and
(2) by striking ``January 1, 2009'' and inserting
``December 31, 2009''.
(c) Accession Bonus for Registered Nurses.--Section
302d(a)(1) of title 37, United States Code, is amended by
striking ``December 31, 2008'' and inserting ``December 31,
2009''.
(d) Incentive Special Pay for Nurse Anesthetists.--Section
302e(a)(1) of such title is amended by striking ``December
31, 2008'' and inserting ``December 31, 2009''.
(e) Special Pay for Selected Reserve Health Professionals
in Critically Short Wartime Specialties.--Section 302g(e) of
such title is amended by striking ``December 31, 2008'' and
inserting ``December 31, 2009''.
(f) Accession Bonus for Dental Officers.--Section
302h(a)(1) of such title is amended by striking ``December
31, 2008'' and inserting ``December 31, 2009''.
(g) Accession Bonus for Pharmacy Officers.--Section 302j(a)
of such title is amended by striking ``December 31, 2008''
and inserting ``December 31, 2009''.
(h) Accession Bonus for Medical Officers in Critically
Short Wartime Specialties.--Section 302k(f) of such title is
amended by striking ``December 31, 2008'' and inserting
``December 31, 2009''.
(i) Accession Bonus for Dental Specialist Officers in
Critically Short Wartime Specialties.--Section 302l(g) of
such title is amended by striking ``December 31, 2008'' and
inserting ``December 31, 2009''.
SEC. 613. EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR
NUCLEAR OFFICERS.
(a) Special Pay for Nuclear-Qualified Officers Extending
Period of Active Service.--Section 312(f) of title 37, United
States Code, is amended by striking ``December 31, 2008'' and
inserting ``December 31, 2009''.
(b) Nuclear Career Accession Bonus.--Section 312b(c) of
such title is amended by striking ``December 31, 2008'' and
inserting ``December 31, 2009''.
(c) Nuclear Career Annual Incentive Bonus.--Section 312c(d)
of such title is amended by striking ``December 31, 2008''
and inserting ``December 31, 2009''.
SEC. 614. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF
OTHER TITLE 37 BONUSES AND SPECIAL PAYS.
(a) Aviation Officer Retention Bonus.--Section 301b(a) of
title 37, United States Code, is amended by striking
``December 31, 2008'' and inserting ``December 31, 2009''.
(b) Assignment Incentive Pay.--Section 307a(g) of such
title is amended by striking ``December 31, 2008'' and
inserting ``December 31, 2009''.
(c) Reenlistment Bonus for Active Members.--Section 308(g)
of such title is amended by striking ``December 31, 2008''
and inserting ``December 31, 2009''.
(d) Enlistment Bonus.--Section 309(e) of such title is
amended by striking ``December 31, 2008'' and inserting
``December 31, 2009''.
(e) Accession Bonus for New Officers in Critical Skills.--
Section 324(g) of such title is amended by striking
``December 31, 2008'' and inserting ``December 31, 2009''.
(f) Incentive Bonus for Conversion to Military Occupational
Specialty to Ease Personnel Shortage.--Section 326(g) of such
title is amended by striking ``December 31, 2008'' and
inserting ``December 31, 2009''.
(g) Accession Bonus for Officer Candidates.--Section 330(f)
of such title is amended by striking ``December 31, 2008''
and inserting ``December 31, 2009''.
(h) Retention Bonus for Members With Critical Military
Skills or Assigned to High Priority Units.--Section 355(i) of
such title, as redesignated by section 661(c) of the National
Defense Authorization Act for Fiscal Year 2008, is amended by
striking ``December 31, 2008'' and inserting ``December 31,
2009''.
SEC. 615. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF
REFERRAL BONUSES.
(a) Health Professions Referral Bonus.--Subsection (i) of
section 1030 of title 10, United States Code, as added by
section 671(b) of the National Defense Authorization Act for
Fiscal Year 2008, is amended by striking ``December 31,
2008'' and inserting ``December 31, 2009''.
(b) Army Referral Bonus.--Subsection (h) of section 3252 of
title 10, United States Code, as added by section 671(a) of
the National Defense Authorization Act for Fiscal Year 2008,
is amended by striking ``December 31, 2008'' and inserting
``December 31, 2009''.
SEC. 616. INCREASE IN MAXIMUM BONUS AND STIPEND AMOUNTS
AUTHORIZED UNDER NURSE OFFICER CANDIDATE
ACCESSION PROGRAM AND HEALTH PROFESSIONS
STIPEND PROGRAM.
(a) Bonus Under Nurse Officer Candidate Accession
Program.--Section 2130a(a)(1) of title 10, United States
Code, is amended--
(1) by striking ``$10,000'' and inserting ``$20,000''; and
(2) by striking ``$5,000'' and inserting ``$10,000''.
(b) Monthly Stipend Under Nurse Officer Candidate Accession
Program.--Section 2130a(a)(2) of title is amended by striking
``of not more than $1,000'' and inserting ``in an amount not
to exceed the stipend rate in effect under section 2121(d) of
this title''.
(c) Monthly Stipend for Students in Nursing or Other Health
Professions Under Health Professions Stipend Program.--
Section 16201(e)(2)(A) of title is amended by striking
``stipend of $100 per month'' and inserting ``monthly stipend
in an amount not to exceed the stipend rate in effect under
section 2121(d) of this title''.
SEC. 617. MAXIMUM LENGTH OF NUCLEAR OFFICER INCENTIVE PAY
AGREEMENTS FOR SERVICE.
Section 312(a)(3) of title 37, United States Code, is
amended by striking ``three, four, or five years'' and
inserting ``not less than three years''.
SEC. 618. TECHNICAL CHANGES REGARDING CONSOLIDATION OF
SPECIAL PAY, INCENTIVE PAY, AND BONUS
AUTHORITIES OF THE UNIFORMED SERVICES.
(a) Eligibility Requirements for Nuclear Officer Bonus and
Incentive Pay.--Section 333 of title 37, United States Code,
is amended--
(1) in subsection (a)(2), by striking ``and operational'';
and
(2) in subsection (b)(2), by striking ``and operational''.
(b) Relationship of Aviation Incentive Pay to Other Pay and
Allowances.--Section 334(f)(1) of such title is amended by
striking ``section 351'' and inserting ``section 351(a)(2)''.
(c) Health Professions Incentive Pay.--Section
335(e)(1)(D)(i) of such title is amended by striking ``dental
surgeons'' and inserting ``dental officers''.
(d) No Pro-Rated Payment of Certain Hazardous Duty Pays.--
Section 351(c) of such title is amended by striking
``subsection (a)'' and inserting ``paragraph (1) or (3) of
subsection (a)''.
(e) Availability of Hazardous Duty Pay.--Section 351(f) of
such title is amended--
(1) by striking ``in administering subsection (a)'' and
inserting ``in connection with determining whether a
triggering event has occurred for the provision of hazardous
duty pay under subsection (a)(1)''; and
(2) by striking the last sentence.
SEC. 619. USE OF NEW SKILL INCENTIVE PAY AND PROFICIENCY
BONUS AUTHORITIES TO ENCOURAGE TRAINING IN
CRITICAL FOREIGN LANGUAGES AND FOREIGN CULTURAL
STUDIES AND AUTHORIZATION OF INCENTIVE PAY FOR
MEMBERS OF PRECOMMISSIONING PROGRAMS PURSUING
FOREIGN LANGUAGE PROFICIENCY.
(a) Eligibility for Skill Proficiency Bonus.--
(1) Eligibility.--Subsection (b) of section 353 of title
37, United States Code, is amended to read as follows:
``(b) Skill Proficiency Bonus.--
``(1) Availability; eligible persons.--The Secretary
concerned may pay a proficiency bonus to a member of a
regular or reserve component of the uniformed services who--
``(A) is entitled to basic pay under section 204 of this
title or compensation under section 206 of this title or is
enrolled in an officer training program; and
``(B) is determined to have, and maintains, certified
proficiency under subsection (d) in a skill designated as
critical by the Secretary concerned or is in training to
acquire proficiency in a critical foreign language or
expertise in foreign cultural studies or a related skill
designated as critical by the Secretary concerned.
``(2) Inclusion of certain senior rotc members.--A
proficiency bonus may be paid under this subsection to a
student who is enrolled in the Senior Reserve Officers'
Training Corps program even though the student is in the
first year of the four-year course under the program. During
the period covered by the proficiency bonus, the student
[[Page 20847]]
shall also be entitled to a monthly subsistence allowance
under section 209(c) of this title even though the student
has not entered into an agreement under section 2103a of
title 10. However, if the student receives incentive pay
under subsection (g)(2) for the same period, the student may
receive only a single monthly subsistence allowance under
section 209(c) of this title.''.
(2) Availability of incentive pay for participation in
foreign language education or training programs.--Such
section is further amended--
(A) by redesignating subsections (g), (h), and (i) as
subsections (h), (i), and (j), respectively; and
(B) by inserting after subsection (f) the following new
subsection (g):
``(g) Foreign Language Studies in Officer Training
Programs.--
``(1) Availability of incentive pay.--The Secretary
concerned may pay incentive pay to a person enrolled in an
officer training program to also participate in an education
or training program to acquire proficiency in a critical
foreign language or expertise in foreign cultural studies or
a related skill designated as critical by the Secretary
concerned.
``(2) Inclusion of certain senior rotc members.--Incentive
pay may be paid under this subsection to a student who is
enrolled in the Senior Reserve Officers' Training Corps
program even though the student is in the first year of the
four-year course under the program. While the student
receives the incentive pay, the student shall also be
entitled to a monthly subsistence allowance under section
209(c) of this title even though the student has not entered
into an agreement under section 2103a of title 10. However,
if the student receives a proficiency bonus under subsection
(b)(2) covering the same month, the student may receive only
a single monthly subsistence allowance under section 209(c)
of this title.
``(3) Critical foreign language defined.--In this section,
the term `critical foreign language' includes Arabic, Korean,
Japanese, Chinese, Pashto, Persian-Farsi, Serbian-Croatian,
Russian, Portuguese, or other language designated as critical
by the Secretary concerned.''.
(b) Incentive Pay Authorized.--
(1) In general.--Chapter 5 of title 37, United States Code,
is amended by inserting after section 316 the following new
section:
``Sec. 316a. Special pay: incentive pay for members of
precommissioning programs pursuing foreign language
proficiency
``(a) Incentive Pay.--The Secretary of Defense may pay
incentive pay under this section to an individual who--
``(1) is enrolled as a member of the Senior Reserve
Officers' Training Corps or the Marine Corps Platoon Leaders
Class, as determined in accordance with regulations
prescribed by the Secretary of Defense under subsection (e);
and
``(2) participates in a language immersion program approved
for purposes of the Senior Reserve Officers' Training Corps,
or in study abroad, or is enrolled in an academic course that
involves instruction in a foreign language of strategic
interest to the Department of Defense as designated by the
Secretary of Defense for purposes of this section.
``(b) Period of Payment.--Incentive pay is payable under
this section to an individual described in subsection (a) for
the period of the individual's participation in the language
program or study described in paragraph (2) of that
subsection.
``(c) Amount.--The amount of incentive pay payable to an
individual under this section may not exceed $3,000 per year.
``(d) Repayment.--An individual who is paid incentive pay
under this section but who does not satisfactorily complete
participation in the individual's language program or study
as described in subsection (a)(2), or who does not complete
the requirements of the Senior Reserve Officers' Training
Corps or the Marine Corps Platoon Leaders Class, as
applicable, shall be subject to the repayment provisions of
section 303a(e) of this title.
``(e) Regulations.--This section shall be administered
under regulations prescribed by the Secretary of Defense.
``(f) Reports.--Not later than January 1, 2010, and
annually thereafter through 2014, the Secretary of Defense
shall submit to the Director of the Office of Management and
Budget, and to Congress, a report on the payment of incentive
pay under this section during the preceding fiscal year. Each
report shall include, for the fiscal year covered by such
report, the following:
``(1) The number of individuals paid incentive pay under
this section, the number of individuals commencing receipt of
incentive pay under this section, and the number of
individuals ceasing receipt of incentive pay under this
section.
``(2) The amount of incentive pay paid to individuals under
this section.
``(3) The aggregate amount recouped under section 303a(e)
of this title in connection with receipt of incentive pay
under this section.
``(4) The languages for which incentive pay was paid under
this section, including the total amount paid for each such
language.
``(5) The effectiveness of incentive pay under this section
in assisting the Department of Defense in securing
proficiency in foreign languages of strategic interest to the
Department of Defense, including a description of how
recipients of pay under this section are assigned and
utilized following completion of the program of study.
``(g) Termination of Authority.--No incentive pay may be
paid under this section after December 31, 2013.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 5 of such title is amended by inserting
after the item relating to section 316 the following new
item:
``316a. Special pay: incentive pay for members of precommissioning
programs pursuing foreign language proficiency.''.
(c) Pilot Program for Foreign Language Proficiency Training
for Reserve Members.--
(1) Pilot program required.--The Secretary of Defense shall
conduct a pilot program to provide a skill proficiency bonus
under section 353(b) of title 37, United States Code, to a
member of a reserve component of the uniformed services who
is entitled to compensation under section 206 of such title
while the member participates in an education or training
program to acquire proficiency in a critical foreign language
or expertise in foreign cultural studies or a related skill
designated as critical under such section 353.
(2) Duration of pilot program.--The Secretary shall conduct
the pilot program during the period beginning on October 1,
2008, and ending on December 31, 2013. Incentive pay may not
be provided under the pilot program after December 31, 2013.
(3) Reporting requirement.--Not later than March 31, 2012,
the Secretary shall submit to Congress a report containing
the results of the pilot program and the recommendations of
the Secretary regarding whether to continue or expand the
pilot program.
(d) Expedited Implementation.--Notwithstanding section 662
of the National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181; 122 Stat. 180; 37 U.S.C. 301 note),
the Secretary of a military department may immediately
implement the amendments made by subsection (a) in order to
ensure the prompt availability of proficiency bonuses and
incentive pay under section 353 of title 37, United States
Code, as amended by such subsections, for persons enrolled in
officer training programs.
SEC. 620. ACCESSION AND RETENTION BONUSES FOR THE RECRUITMENT
AND RETENTION OF OFFICERS IN CERTAIN HEALTH
PROFESSIONS.
(a) Targeted Bonus Authority to Increase Direct
Accessions.--
(1) Designation of critically short wartime health
specialties.--For purposes of section 335 of title 37, United
States Code, as added by section 661 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181;
122 Stat. 169), the following health professions are
designated as a critically short wartime specialty under
subsection (a)(2) of such section:
(A) Psychologists who have been awarded a diploma as a
Diplomate in Psychology by the American Board of Professional
Psychology and are fully licensed and such other mental
health practitioners as the Secretary concerned determines to
be necessary.
(B) Registered nurses.
(2) Special agreement authority.--Under the authority
provided by this section, the Secretary concerned may enter
into an agreement under subsection (f) of section 335 of
title 37, United States Code, to pay a health professions
bonus under such section to a person who accepts a commission
or appointment as an officer and whose health profession
specialty is specified in paragraph (1) of this subsection.
(3) Secretary concerned defined.--In this subsection, the
term ``Secretary concerned'' has the meaning given that term
in section 101(5) of title 37, United States Code.
(4) Effective period.--The designations made by this
subsection and the authority to enter into an agreement under
paragraph (2) of this subsection expire on September 30,
2010.
(b) Accession and Retention Bonuses for Psychologists.--
(1) In general.--Chapter 5 of title 37, United States Code,
is amended by inserting after section 302c the following new
section:
``Sec. 302c-C1. Special pay: accession and retention bonuses
for psychologists
``(a) Accession Bonus.--
``(1) Accession bonus authorized.--A person described in
paragraph (2) who executes a written agreement described in
subsection (d) to accept a commission as an officer of the
armed forces and remain on active duty for a period of not
less than four consecutive years may, upon acceptance of the
agreement by the Secretary concerned, be paid an accession
bonus in an amount, subject to subsection (c)(1), determined
by the Secretary concerned.
``(2) Eligible persons.--A person described in paragraph
(1) is any person who--
``(A) is a graduate of an accredited school of psychology;
and
``(B) holds a valid State license to practice as a doctoral
level psychologist.
[[Page 20848]]
``(3) Limitation on eligibility.--A person may not be paid
a bonus under this subsection if--
``(A) the person, in exchange for an agreement to accept an
appointment as an officer, received financial assistance from
the Department of Defense to pursue a course of study in
psychology; or
``(B) the Secretary concerned determines that the person is
not qualified to become and remain certified as a
psychologist.
``(b) Multiyear Retention Bonus.--
``(1) Retention bonus authorized.--An officer described in
paragraph (2) who executes a written agreement described in
subsection (d) to remain on active duty for up to four years
after completion of any other active-duty service commitment
may, upon acceptance of the agreement by the Secretary
concerned, be paid a retention bonus as provided in this
section.
``(2) Eligible officers.--An officer described in paragraph
(1) is an officer of the armed forces who--
``(A) is a psychologist of the armed forces;
``(B) is in a pay grade below pay grade O-7;
``(C) has at least eight years of creditable service
(computed as described in section 302b(f) of this title) or
has completed any active-duty service commitment incurred for
psychology education and training;
``(D) has completed initial residency training (or will
complete such training before September 30 of the fiscal year
in which the officer enters into the agreement under this
subsection); and
``(E) holds a valid State license to practice as a doctoral
level psychologist.
``(c) Maximum Amount of Bonus.--
``(1) Accession bonus.--The amount of an accession bonus
under subsection (a) may not exceed $400,000.
``(2) Retention bonus.--The amount of a retention bonus
under subsection (b) may not exceed $25,000 for each year of
the agreement of the officer concerned.
``(d) Agreement.--The agreement referred to in subsections
(a) and (b) shall provide that, consistent with the needs of
the armed force concerned, the person or officer executing
the agreement will be assigned to duty, for the period of
obligated service covered by the agreement, as an officer of
such armed force as a psychologist.
``(e) Repayment.--
``(1) Accession bonus.--A person who, after signing an
agreement under subsection (a), is not commissioned as an
officer of the armed forces, does not become licensed as a
psychologist, or does not complete the period of active duty
specified in the agreement shall be subject to the repayment
provisions of section 303a(e) of this title.
``(2) Retention bonus.--An officer who does not complete
the period of active duty specified in the agreement entered
into under subsection (b) shall be subject to the repayment
provisions of section 303a(e) of this title.
``(f) Termination of Authority.--No agreement under
subsection (a) or (b) may be entered into after December 31,
2009.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 5 of such title is amended by inserting
after the item relating to section 302c the following new
item:
``302c-1. Special pay: accession and retention bonuses for
psychologists.''.
Subtitle C--Travel and Transportation Allowances
SEC. 621. SPECIAL WEIGHT ALLOWANCE FOR TRANSPORTATION OF
PROFESSIONAL BOOKS AND EQUIPMENT FOR SPOUSES.
Section 406(b)(1)(D) of title 37, United States Code, is
amended--
(1) by inserting ``(i)'' after ``(D)'';
(2) in the second sentence of clause (i), as designated by
paragraph (1), by striking ``this subparagraph'' and
inserting ``this clause'';
(3) by designating the last sentence as clause (iii) and
indenting the margin of such clause, as so designated, two
ems from the left margin; and
(4) by inserting after clause (i), as designated by
paragraph (1), the following new clause:
``(ii) In addition to the weight allowance authorized for
such member with dependents under paragraph (C), the
Secretary concerned may authorize up to an additional 500
pounds in weight allowance for shipment of professional books
and equipment belonging to the spouse of such member.''.
SEC. 622. SHIPMENT OF FAMILY PETS DURING EVACUATION OF
PERSONNEL.
Section 406(b)(1) of title 37, United States Code, is
amended by adding at the end the following new subparagraph:
``(H)(i) Except as provided in paragraph (2) and subject to
clause (iii), in connection with an evacuation from a
permanent station located in a foreign area, a member is
entitled to transportation (including shipment and payment of
any quarantine costs) of family household pets.
``(ii) A member entitled to transportation under clause (i)
may be paid reimbursement or, at the member's request, a
monetary allowance in accordance with the provisions of
subparagraph (F) if the member secures by commercial means
shipment and any quarantining of the pets otherwise subject
to transportation under clause (i).
``(iii) The provision of transportation under clause (i)
and the payment of reimbursement under clause (ii) shall be
subject to such regulations as the Secretary of Defense shall
prescribe with respect to members of the armed forces for
purposes of this subparagraph. Such regulations may specify
limitations on the types, size, and number of pets for which
transportation may be provided or reimbursement paid.''.
Subtitle D--Retired Pay and Survivor Benefits
SEC. 631. EXTENSION TO SURVIVORS OF CERTAIN MEMBERS WHO DIE
ON ACTIVE DUTY OF SPECIAL SURVIVOR INDEMNITY
ALLOWANCE FOR PERSONS AFFECTED BY REQUIRED
SURVIVOR BENEFIT PLAN ANNUITY OFFSET FOR
DEPENDENCY AND INDEMNITY COMPENSATION.
(a) Extension.--Subsection (m) of section 1450 of title 10,
United States Code, as added by section 644 of the National
Defense Authorization Act for Fiscal Year 2008, is amended in
paragraph (1)(B) by striking ``section 1448(a)(1) of this
title'' and inserting ``subsection (a)(1) of section 1448 of
this title or by reason of coverage under subsection (d) of
such section''.
(b) Application of Amendment.--The amendment made by
subsection (a) shall apply with respect to the month
beginning on October 1, 2008, and subsequent months as
provided by paragraph (6) of subsection (m) of section 1450
of title 10, United States Code, as added by section 644 of
the National Defense Authorization Act for Fiscal Year 2008.
SEC. 632. CORRECTION OF UNINTENDED REDUCTION IN SURVIVOR
BENEFIT PLAN ANNUITIES DUE TO PHASED
ELIMINATION OF TWO-TIER ANNUITY COMPUTATION AND
SUPPLEMENTAL ANNUITY.
Effective as of October 28, 2004, and as if included
therein as enacted, section 644(c) of the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005
(Public Law 108-375; 118 Stat. 1961; 10 U.S.C. 1450 note) is
amended by adding at the end the following new paragraph:
``(3) Savings provision.--If, as a result of the
recomputation of annuities under section 1450 of title 10,
United States Code, and supplemental survivor annuities under
section 1457 of such title, as required by paragraph (1), the
total amount of both annuities to be paid to an annuitant for
a month would be less (because of the offset required by
section 1450(c) of such title for dependency and indemnity
compensation) than the amount that would be paid to the
annuitant in the absence of recomputation, the Secretary of
Defense shall take such actions as are necessary to adjust
the annuity amounts to eliminate the reduction.''.
Subtitle E--Commissary and Nonappropriated Fund Instrumentality
Benefits and Operations
SEC. 641. USE OF COMMISSARY STORES SURCHARGES DERIVED FROM
TEMPORARY COMMISSARY INITIATIVES FOR RESERVE
COMPONENT AND RETIRED MEMBERS.
Section 2484(h) of title 10, United States Code, is
amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively;
(2) in such paragraph (4), as so redesignated, by striking
``paragraph (1) or (2)'' and inserting ``paragraph (1), (2),
or (3)''; and
(3) by inserting after paragraph (2) the following new
paragraph:
``(3)(A) The Secretary of Defense may use the proceeds
derived from surcharges imposed under subsection (d) in
connection with sales of commissary merchandise through
initiatives described in subparagraph (B) to offset the cost
of such initiatives.
``(B) Subparagraph (A) applies with respect to initiatives,
utilizing temporary and mobile equipment, intended to provide
members of reserve components, retired members, and other
persons eligible for commissary benefits, but without
reasonable access to commissary stores, improved access to
commissary merchandise.''.
SEC. 642. ENHANCED ENFORCEMENT OF PROHIBITION ON SALE OR
RENTAL OF SEXUALLY EXPLICIT MATERIAL ON
MILITARY INSTALLATIONS.
(a) Establishment of Resale Activities Review Board.--
Section 2495b of title 10, United States Code, is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Resale Activities Review Board.--(1) The Secretary of
Defense shall establish a nine-member board to make
recommendations to the Secretary regarding whether material
sold or rented, or proposed for sale or rental, on property
under the jurisdiction of the Department of Defense is barred
from sale or rental by subsection (a).
``(2)(A) The Secretary of Defense shall appoint six members
of the board to broadly represent the interests of the patron
base served by the defense commissary system and the exchange
system. The Secretary shall appoint one of the members to
serve as
[[Page 20849]]
the chairman of the board. At least one member appointed
under this subparagraph shall be a person with experience
managing or advocating for military family programs and who
is also an eligible patron of the defense commissary system
and the exchange system.
``(B) The Secretary of each of the military departments
shall appoint one member of the board.
``(C) A vacancy on the board shall be filled in the same
manner as the original appointment.
``(3) The Secretary of Defense may detail persons to serve
as staff for the board. At a minimum, the Secretary shall
ensure that the board is assisted at meetings by military
resale and legal advisors.
``(4) The recommendations made by the board under paragraph
(1) shall be made available to the public. The Secretary of
Defense shall publicize the availability of such
recommendations by such means as the Secretary considers
appropriate.
``(5) Members of the board shall be allowed travel expense,
including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of
chapter 57 of title 5 while away from their homes or regular
places of business in the performance of services for the
board.''.
(b) Deadline for Establishment and Initial Meeting.--
(1) Establishment.--The board required by subsection (c) of
section 2495b of title 10, United States Code, as added by
subsection (a), shall be established, and its initial nine
members appointed, not later than 120 days after the date of
the enactment of this Act.
(2) Meetings.--The board shall conduct an initial meeting
within one year after the date of the appointment of the
initial members of the board. At the discretion of the board,
the board may consider all materials previously reviewed
under such section as available for reconsideration for a
minimum of 180 days following the initial meeting of the
board.
Subtitle F--Other Matters
SEC. 651. CONTINUATION OF ENTITLEMENT TO BONUSES AND SIMILAR
BENEFITS FOR MEMBERS OF THE UNIFORMED SERVICES
WHO DIE, ARE SEPARATED OR RETIRED FOR
DISABILITY, OR MEET OTHER CRITERIA.
(a) Discretion to Provide Exception to Termination and
Repayment Requirements Under Certain Circumstances.--Section
303a(e) of title 37, United States Code, is amended--
(1) in the subsection heading, by inserting ``; Termination
of Entitlement to Unpaid Amounts'' after ``Met'';
(2) in paragraph (1)--
(A) by striking ``A member'' and inserting ``(A) Except as
provided in paragraph (2), a member''; and
(B) by striking ``the requirements, except in certain
circumstances authorized by the Secretary concerned.'' and
inserting ``the eligibility requirements and may not receive
any unpaid amounts of the bonus or similar benefit after the
member fails to satisfy the requirements, unless the
Secretary concerned determines that the imposition of the
repayment requirement and termination of the payment of
unpaid amounts of the bonus or similar benefit with regard to
the member would be contrary to a personnel policy or
management objective, would be against equity and good
conscience, or would be contrary to the best interests of the
United States.''; and
(3) by redesignating paragraph (2) as subparagraph (B) of
paragraph (1).
(b) Mandatory Payment of Unpaid Amounts Under Certain
Circumstances; No Repayment of Unearned Amounts.--Section
303a(e) of title 37, United States Code, is amended by
inserting after paragraph (1), as amended by subsection (a),
the following new paragraph (2):
``(2)(A) If a member of the uniformed services dies or is
retired or separated with a combat-related disability, the
Secretary concerned--
``(i) shall not require repayment by the member or the
member's estate of the unearned portion of any bonus or
similar benefit previously paid to the member; and
``(ii) shall require the payment to the member or the
member's estate of the remainder of any bonus or similar
benefit that was not yet paid to the member, but to which the
member was entitled immediately before the death, retirement,
or separation of the member, and would be paid if not for the
death, retirement, or separation of the member.
``(B) Subparagraph (A) does not apply if the death or
disability of the member is the result the member's
misconduct.
``(C) The amount to be paid under subparagraph (A)(ii)
shall be equal to the full amount specified by the agreement
or contract applicable to the bonus or similar benefit as if
the member continued to be entitled to the bonus or similar
benefit following the death, retirement, or separation.
``(D) Amounts to be paid to a member or the member's estate
under subparagraph (A)(ii) shall be paid in a lump sum not
later than 90 days after the date of the death, retirement,
or separation of the member, whichever applies.
``(E) In this paragraph, the term `combat-related
disability' has the meaning given that term in section
1413a(e) of title 10.''.
(c) Conforming Amendments Reflecting Consolidated Special
Pay and Bonus Authorities.--
(1) Conforming amendments.--Section 373 of title 37, United
States Code, as added by section 661 of the National Defense
Authorization Act for Fiscal Year 2008, is amended--
(A) in subsection (a)--
(i) in the subsection heading, by inserting ``and
Termination'' after ``Repayment''; and
(ii) by inserting before the period at the end the
following: ``, and the member may not receive any unpaid
amounts of the bonus, incentive pay, or similar benefit after
the member fails to satisfy such service or eligibility
requirement''; and
(B) by striking subsection (b) and inserting the following
new subsection:
``(b) Exceptions.--
``(1) Discretion to provide exception to termination and
repayment requirements.--Pursuant to the regulations
prescribed to administer this section, the Secretary
concerned may grant an exception to the repayment requirement
and requirement to terminate the payment of unpaid amounts of
a bonus, incentive pay, or similar benefit if the Secretary
concerned determines that the imposition of the repayment and
termination requirements with regard to a member of the
uniformed services would be contrary to a personnel policy or
management objective, would be against equity and good
conscience, or would be contrary to the best interests of the
United States.
``(2) Mandatory payment of unpaid amounts under certain
circumstances; no repayment of unearned amounts.--(A) If a
member of the uniformed services dies or is retired or
separated with a combat-related disability, the Secretary
concerned--
``(i) shall not require repayment by the member or the
member's estate of the unearned portion of any bonus,
incentive pay, or similar benefit previously paid to the
member; and
``(ii) shall require the payment to the member or the
member's estate of the remainder of any bonus, incentive pay,
or similar benefit that was not yet paid to the member, but
to which the member was entitled immediately before the
death, retirement, or separation of the member, and would be
paid if not for the death, retirement, or separation of the
member.
``(B) Subparagraph (A) does not apply if the death or
disability of the member is the result the member's
misconduct.
``(C) The amount to be paid under subparagraph (A)(ii)
shall be equal to the full amount specified by the agreement
or contract applicable to the bonus, incentive pay, or
similar benefit as if the member continued to be entitled to
the bonus, incentive pay, or similar benefit following the
death, retirement, or separation.
``(D) Amounts to be paid to a member or the member's estate
under subparagraph (A)(ii) shall be paid in a lump sum not
later than 90 days after the date of the death, retirement,
or separation of the member, whichever applies.
``(E) In this paragraph, the term `combat-related
disability' has the meaning given that term in section
1413a(e) of title 10.''.
(2) Clerical amendments.--
(A) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 373. Repayment of unearned portion of bonus, incentive
pay, or similar benefit, and termination of remaining
payments, when conditions of payment not met''.
(B) Table of contents.--The table of sections at the
beginning of chapter 5 of title 37, United States Code, is
amended by striking the item relating to section 373 and
inserting the following new item:
``373. Repayment of unearned portion of bonus, incentive pay, or
similar benefit, and termination of remaining payments,
when conditions of payment not met.''.
TITLE VII--HEALTH CARE AND WOUNDED WARRIORS PROVISIONS
Subtitle A--Improvements to Health Benefits
Sec. 701. One-year extension of prohibition on increases in certain
health care costs for members of the uniformed services.
Sec. 702. Temporary prohibition on increase in copayments under retail
pharmacy system of pharmacy benefits program.
Sec. 703. Chiropractic health care for members on active duty.
Sec. 704. Calculation of monthly premiums for coverage under TRICARE
Reserve Select after 2008.
Sec. 705. Program for health care delivery at military installations
projected to grow.
Sec. 706. Guidelines for combined medical facilities of the Department
of Defense and the Department of Veterans Affairs.
Subtitle B--Preventive Care
Sec. 711. Waiver of copayments for preventive services for certain
TRICARE beneficiaries.
Sec. 712. Military health risk management demonstration project.
Sec. 713. Smoking cessation program under TRICARE.
[[Page 20850]]
Sec. 714. Preventive health allowance.
Sec. 715. Additional authority for studies and demonstration projects
relating to delivery of health and medical care.
Subtitle C--Wounded Warrior Matters
Sec. 721. Center of excellence in prevention, diagnosis, mitigation,
treatment, and rehabilitation of hearing loss and
auditory system injuries.
Sec. 722. Clarification to center of excellence relating to military
eye injuries.
Sec. 723. Center of Excellence in the Mitigation, Treatment, and
Rehabilitation of Traumatic Extremity Injuries and
Amputations.
Sec. 724. Additional responsibilities for the wounded warrior resource
center.
Sec. 725. Sense of Congress on research on traumatic brain injury.
Sec. 726. Extension of Senior Oversight Committee with respect to
wounded warrior matters.
Sec. 727. Modification of utilization of veterans' presumption of sound
condition in establishing eligibility of members of the
Armed Forces for retirement for disability.
Subtitle D--Other Matters
Sec. 731. Report on providing the Extended Care Health Option Program
to dependents of military retirees.
Sec. 732. Increase in cap on extended benefits under extended health
care option (ECHO).
Sec. 733. Department of Defense task force on the prevention of suicide
by members of the Armed Forces.
Sec. 734. Transitional health care for certain members of the Armed
Forces who agree to serve in the Selected Reserve of the
Ready Reserve.
Sec. 735. Enhancement of medical and dental readiness of members of the
Armed Forces.
Subtitle A--Improvements to Health Benefits
SEC. 701. ONE-YEAR EXTENSION OF PROHIBITION ON INCREASES IN
CERTAIN HEALTH CARE COSTS FOR MEMBERS OF THE
UNIFORMED SERVICES.
(a) Charges Under Contracts for Medical Care.--Section
1097(e) of title 10, United States Code, is amended by
striking ``September 30, 2008'' and inserting ``September 30,
2009''.
(b) Charges for Inpatient Care.--Section 1086(b)(3) of such
title is amended by striking ``September 30, 2008'' and
inserting ``September 30, 2009''.
SEC. 702. TEMPORARY PROHIBITION ON INCREASE IN COPAYMENTS
UNDER RETAIL PHARMACY SYSTEM OF PHARMACY
BENEFITS PROGRAM.
During the period beginning on October 1, 2008, and ending
on September 30, 2009, the cost sharing requirements
established under paragraph (6) of section 1074g(a) of title
10, United States Code, for pharmaceutical agents available
through retail pharmacies covered by paragraph (2)(E)(ii) of
such section may not exceed amounts as follows:
(1) In the case of generic agents, $3.
(2) In the case of formulary agents, $9.
(3) In the case of nonformulary agents, $22.
SEC. 703. CHIROPRACTIC HEALTH CARE FOR MEMBERS ON ACTIVE
DUTY.
Not later than September 30, 2009, the Secretary of Defense
shall provide chiropractic services to active duty military
personnel at 11 additional military treatment facilities that
do not currently provide chiropractic services.
SEC. 704. CALCULATION OF MONTHLY PREMIUMS FOR COVERAGE UNDER
TRICARE RESERVE SELECT AFTER 2008.
(a) Calculation of Monthly Premiums for Years After 2009.--
Section 1076d(d)(3) of title 10, United States Code, is
amended--
(1) by inserting ``(A)'' after ``(3)'';
(2) in subparagraph (A), as so designated--
(A) by striking ``that the Secretary determines'' and
inserting ``determined''; and
(B) by striking the second sentence; and
(3) by adding at the end the following new subparagraph:
``(B) The appropriate actuarial basis for purposes of
subparagraph (A) shall be determined, for each calendar year
after calendar year 2009, by utilizing the actual cost of
providing benefits under this section to members and their
dependents during the calendar years preceding such calendar
year.''.
(b) Calculation of Monthly Premiums for 2009.--For purposes
of section 1076d(d)(3) of title 10, United States Code, the
appropriate actuarial basis for purposes of subparagraph (A)
of that section shall be determined for calendar year 2009 by
utilizing the reported cost of providing benefits under that
section to members and their dependents during calendar years
2006 and 2007, except that the monthly amount of the premium
determined pursuant to this subsection may not exceed the
amount in effect for the month of March 2007.
(c) Effective Date.--The amendments made by this section
shall take effect as of October 1, 2008.
SEC. 705. PROGRAM FOR HEALTH CARE DELIVERY AT MILITARY
INSTALLATIONS PROJECTED TO GROW.
(a) Program.--The Secretary of Defense is authorized to
develop a plan to establish a program to build cooperative
health care arrangements and agreements between military
installations projected to grow and local and regional non-
military health care systems.
(b) Requirements of Plan.--In developing the plan, the
Secretary of Defense shall--
(1) identify and analyze health care delivery options
involving the private sector and health care services in
military facilities located on military installations;
(2) develop methods for determining the cost avoidance or
savings resulting from innovative partnerships between the
Department of Defense and the private sector;
(3) develop requirements for Department of Defense health
care providers to deliver health care in civilian community
hospitals; and
(4) collaborate with State and local authorities to create
an arrangement to share and exchange, between the Department
of Defense and nonmilitary health care systems, personal
health information, and data of military personnel and their
families.
(c) Coordination With Other Entities.--The plan shall
include requirements for coordination with Federal, State,
and local entities, TRICARE managed care support contractors,
and other contracted assets around installations selected for
participation in the program.
(d) Consultation Requirements.--The Secretary of Defense
shall develop the plan in consultation with the Secretaries
of the military departments.
(e) Selection of Military Installations.--Each selected
military installation shall meet the following criteria:
(1) The military installation has members of the Armed
Forces on active duty and members of reserve components of
the Armed Forces that use the installation as a training and
operational base, with members routinely deploying in support
of the global war on terrorism.
(2) The military population of an installation will
significantly increase by 2013 due to actions related to
either Grow the Force initiatives or recommendations of the
Defense Base Realignment and Closure Commission.
(3) There is a military treatment facility on the
installation that has--
(A) no inpatient or trauma center care capabilities; and
(B) no current or planned capacity that would satisfy the
proposed increase in military personnel at the installation.
(4) There is a civilian community hospital near the
military installation, and the military treatment facility
has--
(A) no inpatient services or limited capability to expand
inpatient care beds, intensive care, and specialty services;
and
(B) limited or no capability to provide trauma care.
(f) Reports.--Not later than one year after the date of the
enactment of this Act, and every year thereafter, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives an annual
report on any plan developed under subsection (a).
SEC. 706. GUIDELINES FOR COMBINED MEDICAL FACILITIES OF THE
DEPARTMENT OF DEFENSE AND THE DEPARTMENT OF
VETERANS AFFAIRS.
Before a facility may be designated a combined Federal
medical facility of the Department of Defense and the
Department of Veterans Affairs, the Secretary of Defense and
the Secretary of Veterans Affairs shall execute a signed
agreement that specifies, at a minimum, a binding operational
agreement on the following areas:
(1) Governance.
(2) Patient priority categories.
(3) Budgeting.
(4) Staffing and training.
(5) Construction.
(6) Physical plant management.
(7) Contingency planning.
(8) Quality assurance.
(9) Information technology.
Subtitle B--Preventive Care
SEC. 711. WAIVER OF COPAYMENTS FOR PREVENTIVE SERVICES FOR
CERTAIN TRICARE BENEFICIARIES.
(a) Waiver of Certain Copayments.--Subject to subsection
(b) and under regulations prescribed by the Secretary of
Defense, the Secretary shall--
(1) waive all copayments under sections 1079(b) and 1086(b)
of title 10, United States Code, for preventive services for
all beneficiaries who would otherwise pay copayments; and
(2) ensure that a beneficiary pays nothing for preventive
services during a year even if the beneficiary has not paid
the amount necessary to cover the beneficiary's deductible
for the year.
(b) Exclusion for Medicare-Eligible Beneficiaries.--
Subsection (a) shall not apply to a medicare-eligible
beneficiary.
(c) Refund of Copayments.--
(1) Authority.--Under regulations prescribed by the
Secretary of Defense, the Secretary may pay a refund to a
medicare-eligible beneficiary excluded by subsection (b),
subject to the availability of appropriations specifically
for such refunds, consisting of an amount up to the
difference between--
[[Page 20851]]
(A) the amount the beneficiary pays for copayments for
preventive services during fiscal year 2009; and
(B) the amount the beneficiary would have paid during such
fiscal year if the copayments for preventive services had
been waived pursuant to subsection (a) during that year.
(2) Copayments covered.--The refunds under paragraph (1)
are available only for copayments paid by medicare-eligible
beneficiaries during fiscal year 2009.
(d) Definitions.--In this section:
(1) Preventive services.--The term ``preventive services''
includes, taking into consideration the age and gender of the
beneficiary:
(A) Colorectal screening.
(B) Breast screening.
(C) Cervical screening.
(D) Prostate screening.
(E) Annual physical exam.
(F) Vaccinations.
(G) Other services as determined by the Secretary of
Defense.
(2) Medicare-eligible.--The term ``medicare-eligible'' has
the meaning provided by section 1111((b) of title 10, United
States Code.
SEC. 712. MILITARY HEALTH RISK MANAGEMENT DEMONSTRATION
PROJECT.
(a) Demonstration Project Required.--The Secretary of
Defense shall conduct a demonstration project designed to
evaluate the efficacy of providing incentives to encourage
healthy behaviors on the part of eligible military health
system beneficiaries.
(b) Elements of Demonstration Project.--
(1) Wellness assessment.--The Secretary shall develop a
wellness assessment to be offered to beneficiaries enrolled
in the demonstration project. The wellness assessment shall
incorporate nationally recognized standards for health and
healthy behaviors and shall be offered to determine a
baseline and at appropriate intervals determined by the
Secretary. The wellness assessment shall include the
following:
(A) A self-reported health risk assessment.
(B) Physiological and biometric measures, including at
least--
(i) blood pressure;
(ii) glucose level;
(iii) lipids;
(iv) nicotine use; and
(v) weight.
(2) Population enrolled.--Non-medicare eligible retired
beneficiaries of the military health system and their
dependents who are enrolled in TRICARE Prime and who reside
in the demonstration project service area shall be offered
the opportunity to enroll in the demonstration project.
(3) Geographic coverage of demonstration project.--The
demonstration project shall be conducted in at least three
geographic areas within the United States where TRICARE Prime
is offered, as determined by the Secretary. The area covered
by the project shall be referred to as the demonstration
project service area.
(4) Programs.--The Secretary shall develop programs to
assist enrollees to improve healthy behaviors, as identified
by the wellness assessment.
(5) Inclusion of incentives required.--For the purpose of
conducting the demonstration project, the Secretary may offer
monetary and non-monetary incentives to enrollees to
encourage participation in the demonstration project.
(c) Evaluation of Demonstration Project.--The Secretary
shall annually evaluate the demonstration project for the
following:
(1) The extent to which the health risk assessment and the
physiological and biometric measures of beneficiaries are
improved from the baseline (as determined in the wellness
assessment).
(2) In the case of baseline health risk assessments and
physiological and biometric measures that reflect healthy
behaviors, the extent to which the measures are maintained.
(d) Implementation Plan.--The Secretary of Defense shall
submit a plan to implement the health risk management
demonstration project required by this section not later than
90 days after the date of the enactment of this Act.
(e) Duration of Project.--The health risk management
demonstration project shall be implemented for a period of
three years, beginning not later than March 1, 2009, and
ending three years after that date.
(f) Report.--
(1) In general.--The Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House
of Representatives an annual report on the effectiveness of
the health risk management demonstration project in improving
the health risk measures of military health system
beneficiaries enrolled in the demonstration project. The
first report shall be submitted not later than one year after
the date of the enactment of this Act, and subsequent reports
shall be submitted for each year of the demonstration project
with the final report being submitted not later than 90 days
after the termination of the demonstration project.
(2) Matters covered.--Each report shall address, at a
minimum, the following:
(A) The number of beneficiaries who were enrolled in the
project.
(B) The number of enrolled beneficiaries who participate in
the project.
(C) The incentives to encourage healthy behaviors that were
provided to the beneficiaries in each beneficiary category,
and the extent to which the incentives encouraged healthy
behaviors.
(D) An assessment of the effectiveness of the demonstration
project.
(E) Recommendations for adjustments to the demonstration
project.
(F) The estimated costs avoided as a result of decreased
health risk conditions on the part of each of the beneficiary
categories.
(G) Recommendations for extending the demonstration project
or implementing a permanent wellness assessment program.
(H) Identification of legislative authorities required to
implement a permanent program.
SEC. 713. SMOKING CESSATION PROGRAM UNDER TRICARE.
(a) TRICARE Smoking Cessation Program.--Not later than 180
days after the date of the enactment of this Act, the
Secretary of Defense shall establish a smoking cessation
program under the TRICARE program, to be made available to
all beneficiaries under the TRICARE program, subject to
subsection (b). The Secretary may prescribe such regulations
as may be necessary to implement the program.
(b) Exclusion for Medicare-Eligible Beneficiaries.--The
smoking cessation program shall not be made available to
medicare-eligible beneficiaries.
(c) Elements.--The program shall include, at a minimum, the
following elements:
(1) The availability, at no cost to the beneficiary, of
pharmaceuticals used for smoking cessation, with a limitation
on the availability of such pharmaceuticals to the national
mail-order pharmacy program under the TRICARE program if
appropriate.
(2) Counseling.
(3) Access to a toll-free quit line that is available 24
hours a day, 7 days a week.
(4) Access to printed and Internet web-based tobacco
cessation material.
(d) Chain of Command Involvement.--In establishing the
program, the Secretary of Defense shall provide for
involvement by officers in the chain of command of
participants in the program who are on active duty.
(e) Plan.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a plan to implement the
program.
(f) Refund of Copayments.--
(1) Authority.--Under regulations prescribed by the
Secretary of Defense, the Secretary may pay a refund to a
medicare-eligible beneficiary otherwise excluded by this
section, subject to the availability of appropriations
specifically for such refunds, consisting of an amount up to
the difference between--
(A) the amount the beneficiary pays for copayments for
smoking cessation services described in subsection (c) during
fiscal year 2009; and
(B) the amount the beneficiary would have paid during such
fiscal year if the beneficiary had not been excluded under
subsection (b) from the smoking cessation program under
subsection (a).
(2) Copayments covered.--The refunds under paragraph (1)
are available only for copayments paid by medicare-eligible
beneficiaries during fiscal year 2009.
(g) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report covering the
following:
(1) The status of the program.
(2) The number of participants in the program.
(3) The cost of the program.
(4) The costs avoided that are attributed to the program.
(5) The success rates of the program compared to other
nationally recognized smoking cessation programs.
(6) Findings regarding the success rate of participants in
the program.
(7) Recommendations to modify the policies and procedures
of the program.
(8) Recommendations concerning the future utility of the
program.
(h) Definitions.--In this section:
(1) TRICARE program.--The term ``TRICARE program'' has the
meaning provided by section 1072(7) of title 10, United
States Code.
(2) Medicare-eligible.--The term ``medicare-eligible'' has
the meaning provided by section 1111(b) of title 10, United
States Code.
SEC. 714. PREVENTIVE HEALTH ALLOWANCE.
(a) Allowance.--Chapter 7 of title 37, United States Code,
is amended by adding at the end the following new section:
``Sec. 438. Preventive health services allowance
``(a) Demonstration Project.--During the period beginning
on January 1, 2009, and ending on December 31, 2011, the
Secretary of Defense shall conduct a demonstration project
designed to evaluate the efficacy of providing an annual
allowance (to be known as a `preventive health services
allowance') to members of the armed forces described in
[[Page 20852]]
subsection (b) to increase the use of preventive health
services by such members and their dependents.
``(b) Eligible Members.--(1) Subject to the numerical
limitations specified in paragraph (2), a member of the armed
forces who is serving on active duty for a period of more
than 30 days and meets the medical and dental readiness
requirements for the armed force of the member may receive a
preventive health services allowance.
``(2) Not more than 1,500 members of each of the Army,
Navy, Air Force, and Marine Corps may receive a preventive
health services allowance during any year, of which half in
each armed force shall be members without dependents and half
shall be members with dependents.
``(c) Amount of Allowance.--The Secretary of the military
department concerned shall pay a preventive health services
allowance to a member selected to receive the allowance in an
amount equal to--
``(1) $500 per year, in the case of a member without
dependents; and
``(2) $1,000 per year, in the case of a member with
dependents.
``(d) Authorized Preventive Health Services.--(1) The
Secretary of Defense shall specify the types of preventive
health services that may be procured using a preventive
health services allowance and the frequency at which such
services may be procured.
``(2) At a minimum, authorized preventive health services
shall include, taking into consideration the age and gender
of the member and dependents of the member:
``(A) Colorectal screening.
``(B) Breast screening.
``(C) Cervical screening.
``(D) Prostate screening.
``(E) Annual physical exam.
``(F) Annual dental exam.
``(G) Weight and body mass screening.
``(H) Vaccinations.
``(3) The Secretary of Defense shall ensure that members
selected to receive the preventive health services allowance
and their dependents are provided a reasonable opportunity to
receive the services authorized under this subsection in
their local area.
``(e) Data Collection.--At a minimum, the Secretary of
Defense shall monitor and record the health of members
receiving a preventive health services allowance and their
dependents and the results of the testing required to qualify
for payment of the allowance, if conducted. The Secretary
shall assess the medical utility of the testing required to
qualify for payment of a preventive health allowance.
``(f) Reporting Requirement.--Not later than March 31,
2010, and March 31, 2012, the Secretary of Defense shall
submit to Congress a report on the status of the
demonstration project, including findings regarding the
medical status of participants, recommendations to modify the
policies and procedures of the program, and recommendations
concerning the future utility of the project.
``(g) Regulations.--The Secretary of Defense shall
prescribe regulations to carry out this section.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``438. Preventive health care allowance.''.
SEC. 715. ADDITIONAL AUTHORITY FOR STUDIES AND DEMONSTRATION
PROJECTS RELATING TO DELIVERY OF HEALTH AND
MEDICAL CARE.
Section 1092(a) of title 10, United States Code, is amended
by adding at the end the following new paragraphs:
``(3) The Secretary of Defense may include in the studies
and demonstration projects conducted under paragraph (1)
studies and demonstration projects to provide awards and
incentives to members of the armed forces and covered
beneficiaries who obtain health promotion and disease
prevention health care services under the TRICARE program in
accordance with terms and schedules prescribed by the
Secretary. Such awards and incentives may include cash awards
and, in the case of members of the armed forces, personnel
incentives.
``(4)(A) The Secretary of Defense may, in consultation with
the other administering Secretaries, include in the studies
and demonstration projects conducted under paragraph (1)
studies and demonstration projects to provide awards or
incentives to individual health care professionals under the
authority of such Secretaries, including members of the
uniformed services, Federal civilian employees, and
contractor personnel, to encourage and reward effective
implementation of innovative health care programs designed to
improve quality, cost-effectiveness, health promotion,
medical readiness, and other priority objectives. Such awards
and incentives may include cash awards and, in the case of
members of the armed forces and Federal civilian employees,
personnel incentives.
``(B) Amounts available for the pay of members of the
uniformed services shall be available for awards and
incentives under this paragraph with respect to members of
the uniformed services.
``(5) The Secretary of Defense may include in the studies
and demonstration projects conducted under paragraph (1)
studies and demonstration projects to improve the medical and
dental readiness of members of reserve components of the
armed forces, including the provision of health care services
to such members for which they are not otherwise entitled or
eligible under this chapter.
``(6) The Secretary of Defense may include in the studies
and demonstration projects conducted under paragraph (1)
studies and demonstration projects to improve the continuity
of health care services for family members of mobilized
members of the reserve components of the armed forces who are
eligible for such services under this chapter, including
payment of a stipend for continuation of employer-provided
health coverage during extended periods of active duty.''.
Subtitle C--Wounded Warrior Matters
SEC. 721. CENTER OF EXCELLENCE IN PREVENTION, DIAGNOSIS,
MITIGATION, TREATMENT, AND REHABILITATION OF
HEARING LOSS AND AUDITORY SYSTEM INJURIES.
(a) In General.--The Secretary of Defense shall establish
within the Department of Defense a center of excellence in
the prevention, diagnosis, mitigation, treatment, and
rehabilitation of hearing loss and auditory system injury to
carry out the responsibilities specified in subsection (c).
(b) Partnerships.--The Secretary shall ensure that the
center collaborates to the maximum extent practicable with
the Secretary of Veterans Affairs, institutions of higher
education, and other appropriate public and private entities
(including international entities) to carry out the
responsibilities specified in subsection (c).
(c) Responsibilities.--
(1) In general.--The center shall--
(A) implement a comprehensive plan and strategy for the
Department of Defense, as developed by the Secretary of
Defense, for a registry of information for the tracking of
the diagnosis, surgical intervention or other operative
procedure, other treatment, and follow up for each case of
hearing loss and auditory system injury incurred by a member
of the Armed Forces while serving on active duty;
(B) ensure the electronic exchange with the Secretary of
Veterans Affairs of information obtained through tracking
under subparagraph (A); and
(C) enable the Secretary of Veterans Affairs to access the
registry and add information pertaining to additional
treatments or surgical procedures and eventual hearing
outcomes for veterans who were entered into the registry and
subsequently received treatment through the Veterans Health
Administration.
(2) Designation of registry.--The registry under this
subsection shall be known as the ``Hearing Loss and Auditory
System Injury Registry'' (hereinafter referred to as the
``Registry'').
(3) Consultation in development.--The center shall develop
the Registry in consultation with audiologists, speech and
language pathologists, otolaryngologists, and other
specialist personnel of the Department of Defense and the
audiologists, speech and language pathologists,
otolaryngologists, and other specialist personnel of the
Department of Veterans Affairs. The mechanisms and procedures
of the Registry shall reflect applicable expert research on
military and other hearing loss.
(4) Mechanisms.--The mechanisms of the Registry for
tracking under paragraph (1)(A) shall ensure that each
military medical treatment facility or other medical facility
shall submit to the center for inclusion in the Registry
information on the diagnosis, surgical intervention or other
operative procedure, other treatment, and follow up for each
case of hearing loss and auditory system injury described in
that paragraph as follows (to the extent applicable):
(A) Not later than 30 days after surgery or other operative
intervention, including a surgery or other operative
intervention carried out as a result of a follow-up
examination.
(B) Not later than 180 days after the hearing loss and
auditory system injury is reported or recorded in the medical
record.
(5) Coordination of care and benefits.--(A) The center
shall provide notice to the National Center for
Rehabilitative Auditory Research (NCRAR) of the Department of
Veterans Affairs and to the auditory system impairment
services of the Veterans Health Administration on each member
of the Armed Forces described in subparagraph (B) for
purposes of ensuring the coordination of the provision of
ongoing auditory system rehabilitation benefits and services
by the Department of Veterans Affairs after the separation or
release of such member from the Armed Forces.
(B) A member of the Armed Forces described in this
subparagraph is a member of the Armed Forces with significant
hearing loss or auditory system injury incurred while serving
on active duty, including a member with auditory dysfunction
related to traumatic brain injury.
(d) Utilization of Registry Information.--The Secretary of
Defense and the Secretary of Veterans Affairs shall jointly
ensure that information in the Registry is available to
appropriate audiologists, speech and language pathologists,
otolaryngologists, and other specialist personnel of the
Department of Defense and the
[[Page 20853]]
Department of Veterans Affairs for purposes of encouraging
and facilitating the conduct of research, and the development
of best practices and clinical education, on hearing loss or
auditory system injury incurred by members of the Armed
Forces.
(e) Inclusion of Records of OIF/OEF Veterans.--The
Secretary of Defense shall take appropriate actions to
include in the Registry such records of members of the Armed
Forces who incurred a hearing loss or auditory system injury
while serving on active duty on or after September 11, 2001,
but before the establishment of the Registry, as the
Secretary considers appropriate for purposes of the Registry.
SEC. 722. CLARIFICATION TO CENTER OF EXCELLENCE RELATING TO
MILITARY EYE INJURIES.
Section 1623(d) of Public Law 110-181 is amended by
striking ``in combat'' at the end.
SEC. 723. CENTER OF EXCELLENCE IN THE MITIGATION, TREATMENT,
AND REHABILITATION OF TRAUMATIC EXTREMITY
INJURIES AND AMPUTATIONS.
(a) In General.--The Secretary of Defense and the Secretary
of Veterans Affairs shall jointly establish a center of
excellence in the mitigation, treatment, and rehabilitation
of traumatic extremity injuries and amputations.
(b) Partnerships.--The Secretary of Defense and the
Secretary of Veterans Affairs shall jointly ensure that the
center collaborates with the Department of Defense, the
Department of Veterans Affairs, institutions of higher
education, and other appropriate public and private entities
(including international entities) to carry out the
responsibilities specified in subsection (c).
(c) Responsibilities.--The center shall have the
responsibilities as follows:
(1) To implement a comprehensive plan and strategy for the
Department of Defense and the Department of Veterans Affairs
for the mitigation, treatment, and rehabilitation of
traumatic extremity injuries and amputations.
(2) To conduct research to develop scientific information
aimed at saving injured extremities, avoiding amputations,
and preserving and restoring the function of injured
extremities. Such research shall address military medical
needs and include the full range of scientific inquiry
encompassing basic, translational, and clinical research.
(3) To carry out such other activities to improve and
enhance the efforts of the Department of Defense and the
Department of Veterans Affairs for the mitigation, treatment,
and rehabilitation of traumatic extremity injuries and
amputations as the Secretary of Defense and the Secretary of
Veterans Affairs consider appropriate.
(d) Reports.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and annually thereafter, the
Secretary of Defense and the Secretary of Veterans Affairs
shall jointly submit to Congress a report on the activities
of the center.
(2) Elements.--Each report under this subsection shall
include the following:
(A) In the case of the first report under this subsection,
a description of the implementation of the requirements of
this Act.
(B) A description and assessment of the activities of the
center during the one-year period ending on the date of such
report, including an assessment of the role of such
activities in improving and enhancing the efforts of the
Department of Defense and the Department of Veterans Affairs
for the mitigation, treatment, and rehabilitation of
traumatic extremity injuries and amputations.
SEC. 724. ADDITIONAL RESPONSIBILITIES FOR THE WOUNDED WARRIOR
RESOURCE CENTER.
Section 1616(a) of the Wounded Warrior Act (title XVI of
Public Law 110-181; 122 Stat. 447; 10 U.S.C. 1071 note) is
amended in the first sentence by inserting ``receiving legal
assistance referral information (where appropriate),
receiving other appropriate referral information,'' after
``receiving benefits information,''.
SEC. 725. SENSE OF CONGRESS ON RESEARCH ON TRAUMATIC BRAIN
INJURY.
It is the sense of Congress that the requirement under
section 1621(c)(7) of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 453; 10
U.S.C. 1071 note) to conduct basic science and translational
research on traumatic brain injury includes pilot programs
designed to test the efficacy of clinical approaches,
including the use of pharmacological agents. Congress urges
continued studies of the efficacy of pharmacological agents
for treatment of traumatic brain injury and supports
continued joint research with the National Institutes of
Health in this area.
SEC. 726. EXTENSION OF SENIOR OVERSIGHT COMMITTEE WITH
RESPECT TO WOUNDED WARRIOR MATTERS.
(a) In General.--The Secretary of Defense and the Secretary
of Veterans Affairs shall jointly take such actions as are
appropriate, including the allocation of appropriate
personnel, funding, and other resources, to continue the
operations of the Senior Oversight Committee until December
31, 2009.
(b) Report on Further Extension of Committee.--Not later
than August 31, 2009, the Secretary of Defense and the
Secretary of Veterans Affairs shall jointly submit to
Congress a report setting forth the joint recommendation of
the Secretaries as to the advisability of continuing the
operations of the Senior Oversight Committee after December
31, 2009. If the Secretaries recommend that continuing the
operations of the Senior Oversight Committee after December
31, 2009, is advisable, the report may include such
recommendations for the modification of the responsibilities,
composition, or support of the Senior Oversight Committee as
the Secretaries jointly consider appropriate.
(c) Senior Oversight Committee Defined.--In this section,
the term ``Senior Oversight Committee'' means the Senior
Oversight Committee jointly established by the Secretary of
Defense and the Secretary of Veterans Affairs in May 2007.
The Senior Oversight Committee was established to address
concerns related to the treatment of wounded, ill, and
injured members of the Armed Forces and veterans and serves
as the single point of contact for oversight, strategy, and
integration of proposed strategies for the efforts of the
Department of Defense and the Department of Veterans Affairs
to improve support throughout the recovery, rehabilitation,
and reintegration of wounded, ill, or injured members of the
Armed Forces.
SEC. 727. MODIFICATION OF UTILIZATION OF VETERANS'
PRESUMPTION OF SOUND CONDITION IN ESTABLISHING
ELIGIBILITY OF MEMBERS OF THE ARMED FORCES FOR
RETIREMENT FOR DISABILITY.
(a) Retirement of Regulars and Members on Active Duty for
More Than 30 Days.--Section 1201(b)(3)(B)(i) of title 10,
United States Code, is amended--
(1) by striking ``the member has six months or more of
active military service and''; and
(2) by striking ``(unless compelling evidence'' and all
that follows through ``active duty)'' and inserting ``(unless
clear and unmistakable evidence demonstrates that the
disability existed before the member's entrance on active
duty and was not aggravated by active military service)''.
(b) Separation of Regulars and Members on Active Duty for
More Than 30 Days.--Section 1203(b)(4)(B) of such title is
amended--
(1) by striking ``the member has six months or more of
active military service, and''; and
(2) by striking ``(unless compelling evidence'' and all
that follows through ``active duty)'' and inserting ``(unless
clear and unmistakable evidence demonstrates that the
disability existed before the member's entrance on active
duty and was not aggravated by active military service)''.
Subtitle D--Other Matters
SEC. 731. REPORT ON PROVIDING THE EXTENDED CARE HEALTH OPTION
PROGRAM TO DEPENDENTS OF MILITARY RETIREES.
(a) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on
including dependents of military retirees in the ECHO program
for a limited transitional period following retirement.
(b) Contents of Report.--The report required under
subsection (a) shall include the following:
(1) The most current data on the number of military
retirees with dependents who are eligible to receive extended
benefits under the ECHO program and an estimate of the number
of future military retirees with dependents who are eligible
to receive such benefits.
(2) The cost estimates of providing extended benefits under
the ECHO program to dependents of all current and future
military retirees.
(3) The feasibility of including dependents of military
retirees in any ongoing demonstration or pilot programs
within the ECHO program.
(4) The statutory and regulatory impediments to including
dependents of military retirees in the ECHO program.
(c) ECHO Program.--In this section, the term ``ECHO
program'' means the Extended Care Health Option program
provided pursuant to subsections (d), (e), and (f) of section
1079 of title 10, United States Code.
SEC. 732. INCREASE IN CAP ON EXTENDED BENEFITS UNDER EXTENDED
HEALTH CARE OPTION (ECHO).
Section 1079(f) of title 10, United States Code is
amended--
(1) in paragraph (2)(A), by striking ``month shall not
exceed $2,500,'' and inserting ``year shall not exceed
$36,000, prorated as determined by the Secretary of
Defense,''; and
(2) in paragraph (2)(B), by striking ``month'' and
inserting ``year.''.
SEC. 733. DEPARTMENT OF DEFENSE TASK FORCE ON THE PREVENTION
OF SUICIDE BY MEMBERS OF THE ARMED FORCES.
(a) Requirement to Establish.--The Secretary of Defense
shall establish within the Department of Defense a task force
to examine matters relating to prevention of suicide by
members of the Armed Forces.
(b) Composition.--
(1) Members.--The task force shall consist of not more than
14 members appointed by the Secretary of Defense from among
individuals described in paragraph (2) who have
[[Page 20854]]
demonstrated expertise in the area of suicide prevention and
response.
(2) Range of members.--The individuals appointed to the
task force shall include--
(A) at least one member of each of the Army, Navy, Air
Force, and Marine Corps;
(B) a number of persons from outside the Department of
Defense equal to the total number of personnel from within
the Department of Defense (whether members of the Armed
Forces or civilian personnel) who are appointed to the task
force;
(C) persons who have experience in--
(i) national suicide prevention policy;
(ii) military personnel policy;
(iii) research in the field of suicide prevention;
(iv) clinical care in mental health; or
(v) military chaplaincy or pastoral care; and
(D) at least one family member of a member of the Armed
Forces who has experience working with military families.
(3) Individuals appointed outside department of defense.--
Individuals appointed to the task force from outside the
Department of Defense may include officers or employees of
other departments or agencies of the Federal Government,
officers or employees of State and local governments, or
individuals from the private sector.
(4) Deadline for appointment.--All appointments of
individuals to the task force shall be made not later than
180 days after the date of the enactment of this Act.
(5) Co-chairs of task force.--There shall be two co-chairs
of the task force. One of the co-chairs shall be designated
by the Secretary of the Defense at the time of appointment
from among the Department of Defense personnel appointed to
the task force. The other co-chair shall be selected from
among the members appointed from outside the Department of
Defense by members so appointed.
(c) Assessment and Recommendations on Suicide Prevention
Policy.--
(1) In general.--Not later than 12 months after the date on
which all members of the task force have been appointed, the
task force shall submit to the Secretary a report containing
recommendations regarding a comprehensive policy designed to
prevent suicide by members of the Armed Forces.
(2) Utilization of other efforts.--In preparing the report,
the task force shall take into consideration completed and
ongoing efforts by the military departments to improve the
efficacy of suicide prevention programs.
(3) Elements.--The recommendations (including
recommendations for legislative or administrative action)
shall include measures to address the following:
(A) Methods to identify trends and common causal factors in
suicides by members of the Armed Forces.
(B) Methods to establish or update suicide education and
prevention programs conducted by each military department
based on identified trends and causal factors.
(C) An assessment of current suicide education and
prevention programs of each military department.
(D) An assessment of suicide incidence by military
occupation to include identification of military occupations
with a high incidence of suicide.
(E) The appropriate type and method of investigation to
determine the causes and factors surrounding each suicide by
a member of the Armed Forces.
(F) The qualifications of the individual appointed to
conduct an investigation of a suicide by a member of the
Armed Forces.
(G) The required information to be determined by an
investigation in order to determine the causes and factors
surrounding suicides by members of the Armed Forces.
(H) The appropriate reporting requirements following an
investigation conducted on a suicide by a member of the Armed
Forces.
(I) The appropriate official or executive agent within the
military department and Department of Defense to receive and
analyze reports on investigations of suicides by members of
the Armed Forces.
(J) The appropriate use of the information gathered during
investigations of suicides by members of the Armed Forces.
(K) Methods for protecting confidentiality of information
contained in reports of investigations of suicides by members
of the Armed Forces.
(d) Administrative Matters.--
(1) Compensation.--Each member of the task force who is a
member of the Armed Forces or a civilian officer or employee
of the United States shall serve without compensation (other
than compensation to which entitled as a member of the Armed
Forces or an officer or employee of the United States, as the
case may be). Other members of the task force shall be
treated for purposes of section 3161 of title 5, United
States Code, as having been appointed under subsection (b) of
such section.
(2) Oversight.--The Under Secretary of Defense for
Personnel and Readiness shall oversee the activities of the
task force.
(3) Administrative support.--The Washington Headquarters
Services of the Department of Defense shall provide the task
force with personnel, facilities, and other administrative
support as necessary for the performance of the duties of the
task force.
(4) Access to facilities.--The Under Secretary of Defense
for Personnel and Readiness shall, in coordination with the
Secretaries of the military departments, ensure appropriate
access by the task force to military installations and
facilities for purposes of the discharge of the duties of the
task force.
(e) Report.--
(1) In general.--The task force shall submit to the
Secretary of Defense a report on its activities under this
section. The report shall include--
(A) a description of the activities of the task force;
(B) the assessment and recommendations required by
subsection (c); and
(C) such other matters relating to the activities of the
task force that the task force considers appropriate.
(2) Transmittal to congress.--Not later than 90 days after
receipt of the report under paragraph (1), the Secretary
shall transmit the report to the Committees on Armed Services
of the Senate and the House of Representatives. The Secretary
may include in the transmittal such comments on the report as
the Secretary considers appropriate.
(f) Plan Required.--Not later than March 1, 2010, the
Secretary of Defense shall develop a plan based on the
recommendations of the task force and submit the plan to the
congressional defense committees.
(g) Termination.--The task force shall terminate 90 days
after the date on which the report of the task force is
submitted to Congress under subsection (e)(2).
SEC. 734. TRANSITIONAL HEALTH CARE FOR CERTAIN MEMBERS OF THE
ARMED FORCES WHO AGREE TO SERVE IN THE SELECTED
RESERVE OF THE READY RESERVE.
(a) Provision of Transitional Health Care.--Section
1145(a)(2) of title 10, United States Code, is amended by
adding at the end the following new subparagraph:
``(F) A member who is separated from active duty who agrees
to become a member of the Selected Reserve of the Ready
Reserve of a reserve component.''.
(b) Effective Date.--Subparagraph (F) of section 1145(a)(2)
of title 10, United States Code, as added by subsection (a),
shall apply with respect to members of the Armed Forces
separated from active duty after the date of the enactment of
this Act.
SEC. 735. ENHANCEMENT OF MEDICAL AND DENTAL READINESS OF
MEMBERS OF THE ARMED FORCES.
(a) Expansion of Availability of Medical and Dental
Services for Reserves.--
(1) Expansion of availability for reserves assigned to
units scheduled for deployment within 75 days of
mobilization.--Subsection (d)(1) of section 1074a of title
10, United States Code, is amended by striking ``The
Secretary of the Army shall provide to members of the
Selected Reserve of the Army'' and inserting ``The Secretary
concerned shall provide to members of the Selected Reserve''.
(2) Availability for certain other reserves.--Such section
is further amended by adding at the end the following new
subsection:
``(g)(1) The Secretary concerned may provide to any member
of the Selected Reserve not described in subsection (d)(1) or
(f), and to any member of the Individual Ready Reserve
described in section 10144(b) of this title the medical and
dental services specified in subsection (d)(1) if the
Secretary determines that the receipt of such services by
such member is necessary to ensure that the member meets
applicable standards of medical and dental readiness.
``(2) Services may not be provided to a member under this
subsection for a condition that is the result of the member's
own misconduct.
``(3) The services provided under this subsection shall be
provided at no cost to the member.''.
(3) Funding.--Such section is further amended by adding at
the end the following new subsection:
``(h) Amounts available for operation and maintenance of a
reserve component of the armed forces may be available for
purposes of this section to ensure the medical and dental
readiness of members of such reserve component.''.
(b) Waiver of Certain Copayments for Dental Care for
Reserves for Readiness Purposes.--Section 1076a(e) of such
title is amended--
(1) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively;
(2) by striking ``A member or dependent'' and inserting
``(1) Except as provided pursuant to paragraph (2), a member
or dependent''; and
(3) by adding at the end the following new paragraph:
``(2)(A) During a national emergency declared by the
President or Congress and subject to regulations prescribed
by the Secretary of Defense, the Secretary may waive, in
whole or in part, the charges otherwise payable by a member
of the Selected Reserve of the Ready Reserve or a member of
the Individual Ready Reserve under paragraph (1)
[[Page 20855]]
for the coverage of the member alone under the dental
insurance plan established under subsection (a)(1) if the
Secretary determines that such waiver of the charges would
facilitate or ensure the readiness of a unit or individual
for deployment.
``(B) The waiver under subparagraph (A) may apply only with
respect to charges for coverage of dental care required for
readiness.''.
(c) Report on Policies and Procedures in Support of Medical
and Dental Readiness.--
(1) In general.--Not later than March 1, 2009, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the policies and procedures of the Department of
Defense to ensure the medical and dental readiness of members
of the Armed Forces.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description of the current standards of each military
department with respect to the medical and dental readiness
of individual members of the Armed Forces (including members
of the regular components and members of the reserve
components), and with respect to the medical and dental
readiness of units of the Armed Forces (including units of
the regular components and units of the reserve components),
under the jurisdiction of such military department.
(B) A description of the manner in which each military
department applies the standards described under subparagraph
(A) with respect to each of the following:
(i) Performance evaluation.
(ii) Promotion.
(iii) In the case of the members of the reserve components,
eligibility to attend annual training.
(iv) Continued retention in the Armed Forces.
(v) Such other matters as the Secretary considers
appropriate.
(C) A statement of the number of members of the Armed
Forces (including members of the regular components and
members of the reserve components) who were determined to be
not ready for deployment at any time during the period
beginning on October 1, 2001, and ending on September 30,
2008, due to failure to meet applicable medical or dental
standards, and an assessment of whether the unreadiness of
such members for deployment could reasonably have been
mitigated by actions of the members concerned to maintain
individual medical or dental readiness.
(D) A description of any actual or perceived barriers to
the achievement of full medical and dental readiness in the
Armed Forces (including among the regular components and the
reserve components), including barriers associated with the
following:
(i) Quality or cost of, or access to, medical and dental
care.
(ii) Availability of programs and incentives intended to
prevent medical or dental problems.
(E) Such recommendations for legislative or administrative
action as the Secretary considers appropriate to ensure the
medical and dental readiness of individual members of the
Armed Forces and units of the Armed Forces, including
recommendations regarding the following:
(i) The advisability of requiring that fitness reports of
members of the Armed Forces include--
(I) a statement of whether or not a member meets medical
and dental readiness standards for deployment; and
(II) in cases in which a member does not meet such
standard, a statement of actions being taken to ensure that
the member meets such standards and the anticipated schedule
for meeting such standards.
(ii) The advisability of establishing a mandatory promotion
standard relating to individual medical and dental readiness
and, in the case of a unit commander, unit medical and dental
readiness.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Assessment of urgent operational needs fulfillment.
Sec. 802. Implementation of statutory requirements regarding the
national technology and industrial base.
Sec. 803. Commercial software reuse preference.
Sec. 804. Internal controls for procurements on behalf of the
Department of Defense by certain non-defense agencies.
Subtitle B--Provisions Relating to Major Defense Acquisition Programs
Sec. 811. Inclusion of major subprograms to major defense acquisition
programs under acquisition reporting requirements.
Sec. 812. Inclusion of certain major information technology investments
in acquisition oversight authorities for major automated
information system programs.
Sec. 813. Transfer of sections of title 10 relating to Milestone A and
Milestone B for clarity.
Sec. 814. Configuration steering boards for cost control under major
defense acquisition programs.
Sec. 815. Preservation of tooling for major defense acquisition
programs.
Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 821. Definition of system for Defense Acquisition Challenge
Program.
Sec. 822. Technical data rights.
Sec. 823. Revision to the application of Cost Accounting Standards.
Sec. 824. Modification and extension of pilot program for transition to
follow-on contracts under authority to carry out certain
prototype projects.
Sec. 825. Clarification of status of Government rights in the designs
of Department of Defense vessels, boats, craft, and
components thereof.
Subtitle D--Provisions Relating to Acquisition Workforce and Inherently
Governmental Functions
Sec. 831. Development of guidance on personal services contracts.
Sec. 832. Sense of Congress on performance by private security
contractors of certain functions in an area of combat
operations.
Sec. 833. Acquisition workforce expedited hiring authority.
Sec. 834. Career path and other requirements for military personnel in
the acquisition field.
Subtitle E--Department of Defense Contractor Matters
Sec. 841. Ethics safeguards related to contractor conflicts of
interest.
Sec. 842. Information for Department of Defense contractor employees on
their whistleblower rights.
Sec. 843. Requirement for Department of Defense to adopt an acquisition
strategy for Defense Base Act insurance.
Sec. 844. Report on use of off-shore subsidiaries by defense
contractors.
Sec. 845. Defense industrial security.
Subtitle F--Matters Relating to Iraq and Afghanistan
Sec. 851. Clarification and modification of authorities relating to the
Commission on Wartime Contracting in Iraq and
Afghanistan.
Sec. 852. Comprehensive audit of spare parts purchases and depot
overhaul and maintenance of equipment for operations in
Iraq and Afghanistan.
Sec. 853. Additional matters required to be reported by contractors
performing security functions in areas of combat
operations.
Sec. 854. Additional contractor requirements and responsibilities
relating to alleged crimes by or against contractor
personnel in Iraq and Afghanistan.
Sec. 855. Suspension of statutes of limitations when Congress
authorizes the use of military force.
Subtitle G--Governmentwide Acquisition Improvements
Sec. 861. Short title.
Sec. 862. Limitation on length of certain noncompetitive contracts.
Sec. 863. Requirements for purchase of property and services pursuant
to multiple award contracts.
Sec. 864. Regulations on the use of cost-reimbursement contracts.
Sec. 865. Preventing abuse of interagency contracts.
Sec. 866. Limitations on tiering of subcontractors.
Sec. 867. Linking of award and incentive fees to acquisition outcomes.
Sec. 868. Minimizing abuse of commercial services item authority.
Sec. 869. Acquisition workforce development strategic plan.
Sec. 870. Contingency Contracting Corps.
Sec. 871. Access of Government Accountability Office to contractor
employees.
Sec. 872. Database for Federal agency contract and grant officers and
suspension and debarment officials.
Sec. 873. Role of Interagency Committee on Debarment and Suspension.
Sec. 874. Improvements to the Federal procurement data system.
Subtitle H--Other Matters
Sec. 881. Expansion of authority to retain fees from licensing of
intellectual property.
Sec. 882. Report on market research.
Sec. 883. Report relating to munitions.
Sec. 884. Motor carrier fuel surcharges.
Sec. 885. Procurement by State and local governments of equipment for
homeland security and emergency response activities
through the Department of Defense.
Sec. 886. Review of impact of covered subsidies on acquisition of KC-45
aircraft.
Sec. 887. Report on the implementation of earned value management at
the Department of Defense.
[[Page 20856]]
Subtitle A--Acquisition Policy and Management
SEC. 801. ASSESSMENT OF URGENT OPERATIONAL NEEDS FULFILLMENT.
(a) Assessment Required.--The Secretary of Defense shall
commission a study and report by an independent commission or
a federally funded research and development center to assess
the effectiveness of the processes used by the Department of
Defense for the generation of urgent operational need
requirements, and the acquisition processes used to fulfill
such requirements. Such assessment shall include the
following:
(1) A description and evaluation of the effectiveness of
the procedures used to generate, validate, and fulfill
warfighting requirements through the urgent operational need
and joint urgent operational need processes, including--
(A) the extent to which joint and urgent operational need
statements are used to document required capability gaps or
are used to request specific acquisition outcomes, such as
specific systems or equipment;
(B) the effectiveness of the processes used by each of the
military departments and the various elements of the
Department of Defense to prioritize and fulfill joint and
urgent operational needs, including the rapid acquisition
processes of the military departments, as well as the joint
improvised explosive device defeat organization and the joint
rapid acquisition cell; and
(C) the timeliness and responsiveness of the processes used
by the military departments and the various elements of the
Department of Defense to review and validate urgent
operational needs statements and joint urgent operational
needs statements.
(2) An evaluation of the extent to which joint urgent
operational need statements are used to avoid using service-
specific urgent operational need and acquisition processes or
to document non-urgent capability gaps.
(3) An evaluation of the extent to which joint acquisition
entities maintain oversight, once a military department or
defense agency has been designated as responsible for
execution and fielding of a capability in response to a joint
urgent operational need statement, including oversight of--
(A) the responsiveness of the military department or agency
in execution;
(B) the field performance of the capability delivered in
response to the joint urgent operational need statement; and
(C) the concurrent development of a long term acquisition
and sustainment strategy.
(8) Recommendations regarding--
(A) best practices and process improvements to ensure that
urgent operational needs statements and joint urgent
operational needs statements are presented to appropriate
authorities for review and validation not later than 60 days
after the documents are submitted;
(B) common definitions and standards for urgent operational
needs statements and joint urgent operational need
statements;
(C) best practices and process improvements for the
creation, evaluation, prioritization, and fulfillment of
urgent operational need statements and joint urgent
operational need statements; and
(D) the extent to which rapid acquisition processes should
be consolidated or expanded.
(b) Submission to Congress.--Not later than 270 days after
the date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense committees
the report resulting from the study conducted pursuant to
subsection (a).
SEC. 802. IMPLEMENTATION OF STATUTORY REQUIREMENTS REGARDING
THE NATIONAL TECHNOLOGY AND INDUSTRIAL BASE.
(a) Guidance Required.--Not later than 270 days after the
date of the enactment of this Act, the Secretary of Defense
shall issue guidance regarding--
(1) the appropriate application of the authority in
sections 2304(b) and 2304(c)(3)(A) of title 10, United States
Code, in connection with major defense acquisition programs;
and
(2) the appropriate timing and performance of the
requirement in section 2440 of title 10, United States Code,
to consider the national technology and industrial base in
the development and implementation of acquisition plans for
each major defense acquisition program.
(b) Definitions.--In this section;
(1) Major defense acquisition program.--The term ``major
defense acquisition program'' has the meaning provided in
section 2430 of title 10, United States Code.
(2) National technology and industrial base.--The term
``national technology and industrial base'' has the meaning
provided in section 2500(1) of title 10, United States Code.
SEC. 803. COMMERCIAL SOFTWARE REUSE PREFERENCE.
(a) In General.--The Secretary of Defense shall ensure that
contracting officials identify and evaluate, at all stages of
the acquisition process (including concept refinement,
concept decision, and technology development), opportunities
for the use of commercial computer software and other non-
developmental software.
(b) Report.--Not later than 270 days after the date of
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on actions taken to
implement subsection (a), including a description of any
relevant regulations and policy guidance.
SEC. 804. INTERNAL CONTROLS FOR PROCUREMENTS ON BEHALF OF THE
DEPARTMENT OF DEFENSE BY CERTAIN NON-DEFENSE
AGENCIES.
(a) Inclusion of Additional Non-Defense Agencies in
Review.--The covered non-defense agencies specified in
subsection (c) of this section shall be considered covered
non-defense agencies as defined in subsection (i) of section
817 of the John Warner National Defense Authorization Act for
Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2326) for
purposes of such section.
(b) Deadlines and Applicability for Additional Non-Defense
Agencies.--For each covered non-defense agency specified in
subsection (c) of this section, section 817 of the John
Warner National Defense Authorization Act for Fiscal Year
2007 (Public Law 109-364; 120 Stat. 2326) shall apply to such
agency as follows:
(1) The review and determination required by subsection
(a)(1) of such section shall be completed by not later than
March 15, 2009.
(2) The review and determination required by subsection
(a)(2) of such section, if necessary, shall be completed by
not later than June 15, 2010, and such review and
determination shall be a review and determination of such
agency's procurement of property and services on behalf of
the Department of Defense in fiscal year 2009.
(3) The memorandum of understanding required by subsection
(c)(1) of such section shall be entered into by not later
than 60 days after the date of the enactment of this Act.
(4) The limitation specified in subsection (d)(1) of such
section shall apply after March 15, 2009, and before June 16,
2010.
(5) The limitation specified in subsection (d)(2) of such
section shall apply after June 15, 2010.
(6) The limitation required by subsection (d)(3) of such
section shall commence, if necessary, on the date that is 60
days after the date of the enactment of this Act.
(c) Definition of Covered Non-Defense Agency.--In this
section, the term ``covered non-defense agency'' means each
of the following:
(1) The Department of Commerce.
(2) The Department of Energy.
(d) Modification of Certain Additional Authorities on
Internal Controls for Procurements on Behalf of DOD.--Section
801 of the National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181; 122 Stat. 202; 10 U.S.C. 2304 note)
is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (B), by striking ``each of the
Department of the Treasury, the Department of the Interior,
and the National Aeronautics and Space Administration'' and
inserting ``the Department of the Interior''; and
(B) by adding at the end the following new subparagraph:
``(D) In the case of each of the Department of Commerce and
the Department of Energy, by not later than March 15,
2015.''; and
(2) in subsection (f)(2)--
(A) by striking subparagraphs (B) and (D);
(B) by redesignating subparagraphs (C), (E), and (F) as
subparagraphs (B), (C), and (D), respectively; and
(C) by adding at the end the following new subparagraphs:
``(E) The Department of Commerce.
``(F) The Department of Energy.''.
Subtitle B--Provisions Relating to Major Defense Acquisition Programs
SEC. 811. INCLUSION OF MAJOR SUBPROGRAMS TO MAJOR DEFENSE
ACQUISITION PROGRAMS UNDER ACQUISITION
REPORTING REQUIREMENTS.
(a) Authority To Designate Major Subprograms as Subject to
Acquisition Reporting Requirements.--
(1) In general.--Chapter 144 of title 10, United States
Code, is amended by inserting after section 2430 the
following new section:
``Sec. 2430a. Major subprograms
``(a) Authority To Designate Major Subprograms as Subject
to Acquisition Reporting Requirements.--(1) If the Secretary
of Defense determines that a major defense acquisition
program requires the delivery of two or more categories of
end items which differ significantly from each other in form
and function, the Secretary may designate each such category
of end items as a major subprogram for the purposes of
acquisition reporting under this chapter.
``(2) The Secretary shall notify the congressional defense
committees in writing of any proposed designation pursuant to
paragraph (1) not less than 30 days before the date such
designation takes effect.
``(b) Reporting Requirements.--If the Secretary designates
a major subprogram of a major defense acquisition program in
accordance with subsection (a), Selected Acquisition Reports,
unit cost reports, and program baselines under this chapter
shall reflect cost, schedule, and performance information--
``(1) for the major defense acquisition program as a whole;
and
``(2) for each major subprogram of the major defense
acquisition program so designated.
[[Page 20857]]
``(c) Requirement to Cover Entire Major Defense Acquisition
Program.--If a subprogram of a major defense acquisition
program is designated as a major subprogram under subsection
(a), all other elements of the major defense acquisition
program shall be appropriately organized into one or more
subprograms under the major defense acquisition program, each
of which subprograms, as so organized, shall be treated as a
major subprogram under subsection (a).
``(d) Definitions.--Notwithstanding paragraphs (1) and (2)
of section 2432(a) of this title, in the case of a major
defense acquisition program for which the Secretary has
designated one or more major subprograms under this section
for the purposes of this chapter--
``(1) the term `program acquisition unit cost' applies at
the level of the subprogram and means the total cost for the
development and procurement of, and specific military
construction for, the major defense acquisition program that
is reasonably allocable to each such major subprogram,
divided by the relevant number of fully-configured end items
to be produced under such major subprogram;
``(2) the term `procurement unit cost' applies at the level
of the subprogram and means the total of all funds programmed
to be available for obligation for procurement for each such
major subprogram, divided by the number of fully-configured
end items to be procured under such major subprogram;
``(3) the term `major contract', with respect to a
designated major subprogram, means each of the six largest
prime, associate, or Government furnished equipment contracts
under the subprogram that is in excess of $40,000,000 and
that is not a firm-fixed price contract; and
``(4) the term `life cycle cost', with respect to a
designated major subprogram, means all costs of development,
procurement, military construction, and operations and
support, without regard to funding source or management
control.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 144 of such title is amended by
inserting after the item relating to section 2430 the
following new item:
``2430a. Major subprograms.''.
(b) Conforming Amendments to Section 2432.--Section 2432 of
such title is amended--
(1) in subsection (b)(2)(A), by inserting ``for the program
(or for each designated subprogram under the program)'' after
``procurement unit cost'';
(2) in subsection (c)--
(A) in paragraph (1)(B)--
(i) by inserting ``or designated major subprogram'' after
``for each major defense acquisition program''; and
(ii) by inserting ``or subprogram'' after ``the program'';
(B) in paragraph (1)(C)--
(i) by inserting ``or designated major subprogram'' after
``major defense acquisition program''; and
(ii) by inserting ``or subprogram'' after ``the program'';
and
(C) in paragraph (3)(A), by inserting ``and each designated
major subprogram'' after ``for each major defense acquisition
program'';
(3) in subsection (e)--
(A) in paragraph (3), by inserting before the period the
following: ``for the program (or for each designated major
subprogram under the program)'';
(B) in paragraph (5), by inserting before the period the
following: ``(or for each designated major subprogram under
the program)'';
(C) in paragraph (7), by inserting ``or subprogram'' after
``of the program'' each place it appears; and
(D) in paragraph (8), by inserting ``and designated major
subprograms under the program'' after ``the program'';
(4) in subsection (g)--
(A) by inserting ``or designated major subprogram'' after
``major defense acquisition program''; and
(B) by inserting ``or subprogram'' after ``the program''
each place it appears; and
(5) in subsection (h)(2)(C), by inserting ``and designated
major subprograms under the program'' after ``the development
program''.
(c) Conforming Amendments to Section 2433.--Section 2433 of
such title is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``The terms'' and
inserting ``Except as provided in section 2430a(c) of this
title, the terms'';
(B) in paragraph (2)--
(i) by inserting ``or designated major subprogram'' after
``major defense acquisition program''; and
(ii) by inserting ``or subprogram'' after ``the program'';
(C) in paragraph (4)--
(i) by inserting ``or designated major defense subprogram''
after ``major defense acquisition program'' each place it
appears; and
(ii) by inserting ``or subprogram'' after ``for the
program'' each place it appears; and
(D) in paragraph (5)--
(i) by inserting ``or designated major defense subprogram''
after ``major defense acquisition program'' each place it
appears; and
(ii) by inserting ``or subprogram'' after ``for the
program'' each place it appears;
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by inserting
``(or of each designated major subprogram under the
program)'' after ``unit costs of the program'';
(B) in paragraph (1), by inserting before the period the
following: ``for the program (or for each designated major
subprogram under the program)'';
(C) in paragraph (2), by inserting before the period the
following: ``for the program (or for each designated major
subprogram under the program)''; and
(D) in paragraph (5), by inserting ``or subprogram'' after
``the program'' each place it appears (other than the last
place it appears);
(3) in subsection (c)--
(A) by striking ``the program acquisition unit cost for the
program or the procurement unit cost for the program'' and
inserting ``the program acquisition unit cost for the program
(or for a designated major subprogram under the program) or
the procurement unit cost for the program (or for such a
subprogram)''; and
(B) by striking ``for the program'' after ``significant
cost growth threshold'';
(4) in subsection (d)--
(A) in paragraph (1)--
(i) by inserting ``or any designated major subprogram under
the program'' after ``major defense acquisition program'';
and
(ii) by inserting ``or subprogram'' after ``for the
program'' each place it appears;
(B) in paragraph (2)--
(i) by inserting ``or any designated major subprogram under
the program'' after ``major defense acquisition program'';
and
(ii) by inserting ``or subprogram'' after ``for the
program'' each place it appears; and
(C) in paragraph (3), by striking ``such program'' and
inserting ``the program or subprogram concerned'';
(5) in subsection (e)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) by inserting ``or designated major subprogram'' after
``major defense acquisition program''; and
(II) by inserting ``or subprogram'' after ``for the
program''; and
(ii) in subparagraph (B)--
(I) by inserting ``or designated major subprogram'' after
``major defense acquisition program''; and
(II) by inserting ``or subprogram'' after ``that program'';
and
(B) in paragraph (2), in the matter preceding subparagraph
(A)--
(i) by inserting ``or designated major subprogram'' after
``major defense acquisition program''; and
(ii) by inserting ``or subprogram'' after ``for the
program''; and
(6) in subsection (g)--
(A) in paragraph (1)--
(i) in subparagraph (D)--
(I) by inserting ``(and for each designated major
subprogram under the program)'' after ``for the program'';
and
(II) by inserting ``or subprogram'' after ``in which the
program'';
(ii) in subparagraph (E), by inserting ``for the program
(and for each designated major subprogram under the
program)'' after ``program acquisition cost'';
(iii) in subparagraph (F), by inserting before the period
the following: ``for the program (or for any designated major
subprogram under the program)'';
(iv) in subparagraph (G)--
(I) by inserting ``and each designated major subprogram
under the program'' after of ``the program''; and
(II) by inserting ``or subprogram'' after ``for the
program'' each place it appears;
(v) in subparagraph (H)--
(I) by inserting ``and each designated major subprogram
under the program'' after ``the program'' the first place it
appears; and
(II) by inserting ``or subprogram'' after ``the program''
the second place it appears;
(vi) in subparagraph (J), by inserting ``for the program
(or for each designated major subprogram under the program)''
after ``program acquisition unit cost'';
(vii) in subparagraph (K), by inserting ``for the program
(or for each designated major subprogram under the program)''
after ``procurement unit cost'' each place it appears;
(viii) in subparagraph (O), by inserting before the period
the following: ``for the program (or for any designated major
subprogram under the program)'';
(ix) in subparagraph (P)--
(I) by inserting ``or subprogram'' after ``the program''
the first place it appears; and
(II) by inserting ``and any designated major subprogram
under the program'' after ``the program'' the second place it
appears; and
(x) in subparagraph (Q), by inserting ``or any designated
major subprogram under the program'' after ``the program'';
and
(B) in paragraph (2)--
(i) by inserting ``or designated major subprogram'' after
``major defense acquisition program'';
(ii) by inserting ``or subprogram'' after ``the entire
program''; and
(iii) by inserting ``or subprogram'' after ``a program''.
(d) Conforming Amendments to Section 2435.--Section 2435 of
such title is amended--
[[Page 20858]]
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``and for each
designated major subprogram under the program'' after ``major
defense acquisition program''; and
(B) in paragraph (2), by inserting ``or designated major
subprogram'' after ``major defense acquisition program'';
(2) in subsection (b)--
(A) by inserting ``or any designated major subprogram under
the program'' after ``major defense acquisition program'';
and
(B) by inserting ``or subprogram'' after ``the program'';
(3) in subsection (c)--
(A) by inserting ``or any designated major subprogram under
the program'' after ``major defense acquisition program'';
and
(B) by inserting ``or subprogram'' after ``the program''
each place it appears;
(4) in subsection (d)--
(A) by inserting ``or any designated major subprogram under
the program'' after ``major defense acquisition program''
each place it appears;
(B) in paragraph (1)--
(i) by inserting ``or subprogram'' after ``the program''
each place it appears; and
(ii) by inserting ``or subprogram'' after ``at program'';
and
(C) in paragraph (2), by inserting ``or subprogram'' after
``for the program'' each place it appears; and
(5) in subsection (e)--
(A) by inserting ``(or in the case of a major defense
acquisition program with one or more designated major
subprograms, approved baseline descriptions for such
subprograms)'' after ``baseline description'';
(B) by striking ``the baseline'' and inserting ``any such
baseline description''; and
(C) by inserting ``or subprogram'' after ``of the
program''.
SEC. 812. INCLUSION OF CERTAIN MAJOR INFORMATION TECHNOLOGY
INVESTMENTS IN ACQUISITION OVERSIGHT
AUTHORITIES FOR MAJOR AUTOMATED INFORMATION
SYSTEM PROGRAMS.
(a) Definitions.--
(1) In general.--Section 2445a of title 10, United States
Code, is amended--
(A) in subsection (a), by striking ``In General'' and
inserting ``Major Automated Information System Program''; and
(B) by adding at the end the following new subsection:
``(d) Other Major Information Technology Investment
Program.--In this chapter, the term `other major information
technology investment program' means the following:
``(1) An investment that is designated by the Secretary of
Defense, or a designee of the Secretary, as a `pre-Major
Automated Information System' or `pre-MAIS' program.
``(2) Any other investment in automated information system
products or services that is expected to exceed the
thresholds established in subsection (a), as adjusted under
subsection (b), but is not considered to be a major automated
information system program because a formal acquisition
decision has not yet been made with respect to such
investment.''.
(2) Heading amendment.--The heading of such section is
amended to read as follows:
``Sec. 2445a. Definitions''.
(3) Clerical amendment.--The table of sections at the
beginning of chapter 144A of such title is amended by
striking the item relating to section 2445a and inserting the
following new item:
``2445a. Definitions.''.
(b) Cost, Schedule, and Performance Information.--Section
2445b of such title is amended--
(1) in subsection (a), by inserting ``and each other major
information technology investment program'' after ``each
major automated information system program'';
(2) in subsection (b), by inserting ``Regarding Major
Automated Information System Programs'' after ``Elements'';
and
(3) by adding at the end the following new subsection:
``(d) Elements Regarding Other Major Information Technology
Investment Programs.--With respect to each other major
information technology investment program, the information
required by subsection (a) may be provided in the format that
is most appropriate to the current status of the program.''.
(c) Quarterly Reports.--Section 2445c of such title is
amended--
(1) in subsection (a)--
(A) by inserting ``or other major information technology
investment program'' after ``major automated information
system program''; and
(B) by inserting ``or information technology investment''
after ``the major automated information system'';
(2) in subsection (b)--
(A) by inserting ``or other major information technology
investment program'' after ``major automated information
system program'' in the matter preceding paragraph (1); and
(B) by inserting ``or information technology investment''
after ``automated information system'' each place it appears
in paragraphs (1) and (2);
(3) in subsection (d)--
(A) in paragraph (1) and in paragraph (2) in the matter
preceding subparagraph (A), by inserting ``or other major
information technology investment program'' after ``major
automated information system program''; and
(B) in paragraph (2)--
(i) by striking subparagraph (A) and inserting the
following:
``(A) the automated information system or information
technology investment failed to achieve initial operational
capability within five years after funds were first obligated
for the program;'';
(ii) in subparagraph (B), by inserting before the semicolon
the following: ``or section 2445b(d) of this title, as
applicable'';
(iii) in subparagraph (C), by inserting before the
semicolon the following: ``or section 2445b(d) of this title,
as applicable''; and
(iv) in subparagraph (D)--
(I) by inserting ``or major information technology
investment'' after ``major automated information system'';
and
(II) by inserting before the period the following: ``or
section 2445b(d) of this title, as applicable'';
(4) in subsection (e), by inserting ``or other major
information technology investment program'' after ``major
automated information system program''; and
(5) in subsection (f)--
(A) by inserting ``or other major information technology
investment program'' after ``major automated information
system program'' in the matter preceding paragraph (1);
(B) in paragraph (1), by inserting ``or information
technology investment'' after ``automated information
system'';
(C) in paragraph (2), by inserting ``or information
technology investment'' after ``the system''; and
(D) in paragraph (3), by inserting ``or information
technology investment, as applicable,'' after ``the program
and system''.
SEC. 813. TRANSFER OF SECTIONS OF TITLE 10 RELATING TO
MILESTONE A AND MILESTONE B FOR CLARITY.
(a) Reversal of Order of Sections.--Section 2366b of title
10, United States Code, is transferred so as to appear before
section 2366a of such title.
(b) Redesignation of Sections.--Section 2366b (relating to
Milestone A) and section 2366a (relating to Milestone B) of
such title, as so transferred, are redesignated as sections
2366a and 2366b, respectively.
(c) Technical Amendment.--The table of sections at the
beginning of chapter 139 of title 10, United States Code, is
amended by striking the items relating sections 2366a and
2366b and inserting the following new items:
``2366a. Major defense acquisition programs: certification required
before Milestone A or Key Decision Point A approval.
``2366b. Major defense acquisition programs: certification required
before Milestone B or Key Decision Point B approval.''.
(d) Conforming Amendments.--
(1) Section 181 of title 10, united states code.--Section
181(b)(4) of title 10, United States Code, is amended by
striking ``section 2366a(a)(4), section 2366b(b),'' and
inserting ``section 2366a(b), section 2366b(a)(4),''.
(2) National defense authorization act for fiscal year
2008.--The National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181) is amended--
(A) in section 212(1) by striking ``2366a'' and inserting
``2366b''; and
(B) in section 816--
(i) in subsection (a)(2) by striking ``2366a'' and
inserting ``2366b'';
(ii) in subsection (a)(3) by striking ``2366b of title 10,
United States Code, as added by section 943 of this Act'' and
inserting ``2366a of title 10, United States Code''; and
(iii) in subsection (c)(2) by striking ``2366a'' each place
such term appears (including in the paragraph heading) and
inserting ``2366b''.
(3) John warner national defense authorization act for
fiscal year 2007.--The John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364)
is amended in section 812 (120 Stat. 2317), in each of
subsections (c)(2)(A) and (d)(2), by striking ``2366a'' and
inserting ``2366b''.
(e) Additional Technical Amendments.--
(1) Section 2366a of title 10, United States Code, as
transferred and redesignated by this section, is amended--
(A) in paragraphs (1), (2), and (4) of subsection (a), by
striking ``system'' each place it appears and inserting
``program'';
(B) in paragraph (3) of subsection (a)--
(i) by striking ``if the system'' and inserting ``if the
program''; and
(ii) by striking ``such system'' and inserting ``such
program'';
(C) in subsection (b)--
(i) by striking ``major system'' and inserting ``major
defense acquisition program''; and
(ii) by striking ``the system'' each place it appears and
inserting ``the program''; and
(D) in paragraph (1) of subsection (c)--
(i) by striking ``major system'' and inserting ``major
defense acquisition program''; and
(ii) by striking ``2302(5)'' and inserting ``2430''.
[[Page 20859]]
(2) Section 943 of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 288) is
amended--
(A) in subsection (b), by striking ``major weapon system''
and inserting ``major defense acquisition program''; and
(B) in subsection (c)--
(i) by striking ``major systems'' and inserting ``major
defense acquisition programs''; and
(ii) by adding at the end the following: ``In the case of
the certification required by paragraph (2) of subsection (a)
of such section, during the period prior to the completion of
the first quadrennial roles and missions review required by
section 118b of title 10, United States Code, the
certification required by that paragraph shall be that the
system is being executed by an entity with a relevant core
competency as identified by the Secretary of Defense.''.
SEC. 814. CONFIGURATION STEERING BOARDS FOR COST CONTROL
UNDER MAJOR DEFENSE ACQUISITION PROGRAMS.
(a) Configuration Steering Boards.--Each Secretary of a
military department shall establish one or more boards (to be
known as a ``Configuration Steering Board'') for the major
defense acquisition programs of such department.
(b) Composition.--
(1) Chair.--Each Configuration Steering Board under this
section shall be chaired by the service acquisition executive
of the military department concerned.
(2) Particular members.--Each Configuration Steering Board
under this section shall include a representative of the
following:
(A) The Office of the Under Secretary of Defense for
Acquisition, Technology, and Logistics.
(B) The Chief of Staff of the Armed Force concerned.
(C) Other Armed Forces, as appropriate.
(D) The Joint Staff.
(E) The Comptroller of the military department concerned.
(F) The military deputy to the service acquisition
executive concerned.
(G) The program executive officer for the major defense
acquisition program concerned.
(H) Other senior representatives of the Office of the
Secretary of Defense and the military department concerned,
as appropriate.
(c) Responsibilities.--
(1) In general.--The Configuration Steering Board for a
major defense acquisition program under this section shall be
responsible for the following:
(A) Preventing unnecessary changes to program requirements
and system configuration that could have an adverse impact on
program cost or schedule.
(B) Mitigating the adverse cost and schedule impact of any
changes to program requirements or system configuration that
may be required.
(C) Ensuring that the program delivers as much planned
capability as possible, at or below the relevant program
baseline.
(2) Discharge of responsibilities.--In discharging its
responsibilities under this section with respect to a major
defense acquisition program, a Configuration Steering Board
shall--
(A) review and approve or disapprove any proposed changes
to program requirements or system configuration that have the
potential to adversely impact program cost or schedule; and
(B) review and recommend proposals to reduce program
requirements that have the potential to improve program cost
or schedule in a manner consistent with program objectives.
(3) Presentation of recommendations on reduction in
requirements.--Any recommendation for a proposed reduction in
requirements that is made by a Configuration Steering Board
under paragraph (2)(B) shall be presented to appropriate
organizations of the Joint Staff and the military departments
responsible for such requirements for review and approval in
accordance with applicable procedures.
(4) Annual consideration of each major defense acquisition
program.--The Secretary of the military department concerned
shall ensure that a Configuration Steering Board under this
section meets to consider each major defense acquisition
program of such military department at least once each year.
(5) Certification of cost and schedule deviations during
system design and development.--For a major defense
acquisition program that received an initial Milestone B
approval during fiscal year 2008, a Configuration Steering
Board may not approve any proposed alteration to program
requirements or system configuration if such an alteration
would--
(A) increase the cost (including any increase for expected
inflation or currency exchange rates) for system development
and demonstration by more than 25 percent; or
(B) extend the schedule for key events by more than 15
percent of the total number of months between the award of
the system development and demonstration contract and the
scheduled Milestone C approval date,
unless the Under Secretary of Defense for Acquisition,
Technology, and Logistics certifies to the congressional
defense committees, and includes in the certification
supporting rationale, that approving such alteration to
program requirements or system configuration is in the best
interest of the Department of Defense despite the cost and
schedule impacts to system development and demonstration of
such program.
(d) Applicability.--
(1) In general.--The requirements of this section shall
apply with respect to any major defense acquisition program
that is commenced before, on, or after the date of the
enactment of this Act.
(2) Current programs.--In the case of any major defense
acquisition program that is ongoing as of the date of the
enactment of this Act, a Configuration Steering Board under
this section shall be established for such program not later
than 60 days after the date of the enactment of this Act.
(e) Guidance on Authorities of Program Managers After
Milestone B.--
(1) Modification of guidance on authorities.--Paragraph (2)
of section 853(d) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364;
120 Stat. 2343) is amended to read as follows:
``(2) authorities available to the program manager,
including--
``(A) the authority to object to the addition of new
program requirements that would be inconsistent with the
parameters established at Milestone B (or Key Decision Point
B in the case of a space program) and reflected in the
performance agreement, unless such requirements are approved
by the appropriate Configuration Steering Board; and
``(B) the authority to recommend to the appropriate
Configuration Steering Board reduced program requirements
that have the potential to improve program cost or schedule
in a manner consistent with program objectives; and''.
(2) Applicability.--The Secretary of Defense shall modify
the guidance described in section 853(d) of the John Warner
National Defense Authorization Act for Fiscal Year 2007 in
order to take into account the amendment made by paragraph
(1) not later than 60 days after the date of the enactment of
this Act.
(f) Major Defense Acquisition Program Defined.--In this
section, the term ``major defense acquisition program'' has
the meaning given that term in section 2430(a) of title 10,
United States Code.
SEC. 815. PRESERVATION OF TOOLING FOR MAJOR DEFENSE
ACQUISITION PROGRAMS.
(a) Guidance Required.--Not later than 270 days after the
date of the enactment of this Act, the Secretary of Defense
shall issue guidance requiring the preservation and storage
of unique tooling associated with the production of hardware
for a major defense acquisition program through the end of
the service life of the end item associated with such a
program. Such guidance shall--
(1) require that the milestone decision authority approve a
plan, including the identification of any contract clauses,
facilities, and funding required, for the preservation and
storage of such tooling prior to Milestone C approval;
(2) require that the milestone decision authority
periodically review the plan required by paragraph (1) prior
to the end of the service life of the end item, to ensure
that the preservation and storage of such tooling remains
adequate and in the best interest of the Department of
Defense;
(3) provide a mechanism for the Secretary to waive the
requirement for preservation and storage of unique production
tooling, or any category of unique production tooling, if the
Secretary--
(A) makes a written determination that such a waiver is in
the best interest of the Department of Defense; and
(B) notifies the congressional defense committees of the
waiver upon making such determination; and
(4) provide such criteria as necessary to guide a
determination made pursuant to paragraph (3)(A).
(b) Definitions.--In this section:
(1) Major defense acquisition program.--The term ``major
defense acquisition program'' has the meaning provided in
section 2430 of title 10, United States Code.
(2) Milestone decision authority.--The term ``milestone
decision authority'' has the meaning provided in section
2366a(f)(2) of such title.
(3) Milestone c approval.--The term ``Milestone C
approval'' has the meaning provided in section 2366(e)(8) of
such title.
Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 821. DEFINITION OF SYSTEM FOR DEFENSE ACQUISITION
CHALLENGE PROGRAM.
Section 2359b of title 10, United States Code, is amended
by adding at the end the following new subsection:
``(l) System Defined.--In this section, the term `system'--
``(1) means--
``(A) the organization of hardware, software, material,
facilities, personnel, data, and services needed to perform a
designated function with specified results (such as the
gathering of specified data, its processing, and its delivery
to users); or
``(B) a combination of two or more interrelated pieces (or
sets) of equipment arranged in a functional package to
perform an
[[Page 20860]]
operational function or to satisfy a requirement; and
``(2) includes a major system (as defined in section
2302(5) of this title).''.
SEC. 822. TECHNICAL DATA RIGHTS.
(a) Policy Guidance.--Not later than 270 days after the
date of the enactment of this Act, the Secretary of Defense
shall issue policy guidance with respect to rights in
technical data under a non-FAR agreement. The guidance
shall--
(1) establish criteria for defining the legitimate
interests of the United States and the party concerned in
technical data pertaining to an item or process to be
developed under the agreement;
(2) require that specific rights in technical data be
established during agreement negotiations and be based upon
negotiations between the United States and the potential
party to the agreement, except in any case in which the
Secretary of Defense determines, on the basis of criteria
established in such policy guidance, that the establishment
of rights during or through agreement negotiations would not
be practicable; and
(3) require the program manager for a major weapon system
or an item of personnel protective equipment that is to be
developed using a non-FAR agreement to assess the long-term
technical data needs of such system or item.
(b) Requirement to Include Provisions in Non-FAR
Agreements.--A non-FAR agreement shall contain appropriate
provisions relating to rights in technical data consistent
with the policy guidance issued pursuant to subsection (a).
(c) Definitions.--In this section:
(1) The term ``non-FAR agreement'' means an agreement that
is not subject to laws pursuant to which the Federal
Acquisition Regulation is prescribed, including--
(A) a transaction authorized under section 2371 of this
title; and
(B) a cooperative research and development agreement.
(2) The term ``party'', with respect to a non-FAR
agreement, means a non-Federal entity and includes any of the
following:
(A) A contractor and its subcontractors (at any tier).
(B) A joint venture.
(C) A consortium.
(d) Report on Life Cycle Planning for Technical Data
Needs.--Not later than 270 days after the date of enactment
of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the implementation of the
requirements in section 2320(e) of title 10, United States
Code, for the assessment of long-term technical data needs to
sustain major weapon systems. Such report shall include--
(1) a description of all relevant guidance or policies
issued;
(2) a description of the extent to which program managers
have received training to better assess the long-term
technical data needs of major weapon systems and subsystems;
and
(3) a description of one or more examples, if any, where a
priced contract option has been used on major weapon systems
for the future delivery of technical data and one or more
examples, if any, where all relevant technical data were
acquired upon contract award.
SEC. 823. REVISION TO THE APPLICATION OF COST ACCOUNTING
STANDARDS.
(a) Requirement for Review of Exemptions to the Cost
Accounting Standards.--The Cost Accounting Standards Board
shall--
(1) review the inapplicability of the cost accounting
standards, in accordance with existing exemptions, to any
contract or subcontract that is executed and performed
outside the United States when such a contract or subcontract
is performed by a contractor that, but for the fact that the
contract or subcontract is being executed and performed
entirely outside the United States, would be required to
comply with such standards; and
(2) determine whether the application of the standards to
such a contract or subcontract (or any category of such
contracts and subcontracts) would benefit the Government.
(b) Publication of Request for Information.--The Cost
Accounting Standards Board shall publish a request for
information as part of the review required by subsection (a)
and shall provide a copy of the request to the appropriate
committees of Congress not less than five days before the
publication of such request.
(c) Report to Congress Upon Completion of the Review.--Not
later than 270 days after the date of the enactment of this
Act, the Cost Accounting Standards Board shall submit to the
appropriate committees of Congress a report containing--
(1) any revision to the cost accounting standards proposed
as a result of the review required by subsection (a) and a
copy of any proposed rulemaking implementing the revision; or
(2) if no revision and rulemaking are proposed, a detailed
justification for such decision.
(d) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means
the Committees on Armed Services of the Senate and of the
House of Representatives, the Committee on Homeland Security
and Governmental Affairs of the Senate, and the Committee on
Oversight and Government Reform of the House of
Representatives.
(2) The term ``cost accounting standards'' means the
standards promulgated under section 26 of the Office of
Federal Procurement Policy Act (41 U.S.C. 422).
(3) The term ``Cost Accounting Standards Board'' means the
Board established pursuant to section 26 of the Office of
Federal Procurement Policy Act (41 U.S.C. 422).
SEC. 824. MODIFICATION AND EXTENSION OF PILOT PROGRAM FOR
TRANSITION TO FOLLOW-ON CONTRACTS UNDER
AUTHORITY TO CARRY OUT CERTAIN PROTOTYPE
PROJECTS.
(a) Expansion of Scope of Pilot Program.--Paragraph (1) of
section 845(e) of the National Defense Authorization Act for
Fiscal Year 1994 (10 U.S.C. 2371 note) is amended by striking
``under prototype projects carried out under this section''
and inserting ``developed under prototype projects carried
out under this section or research projects carried out
pursuant to section 2371 of title 10, United States Code''.
(b) Two-Year Extension of Authority.--Paragraph (4) of such
section is amended by striking ``September 30, 2008'' and
inserting ``September 30, 2010''.
SEC. 825. CLARIFICATION OF STATUS OF GOVERNMENT RIGHTS IN THE
DESIGNS OF DEPARTMENT OF DEFENSE VESSELS,
BOATS, CRAFT, AND COMPONENTS THEREOF.
(a) In General.--Chapter 633 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 7317. Status of Government rights in the designs of
vessels, boats, and craft, and components thereof
``(a) In General.--Government rights in the design of a
vessel, boat, or craft, and its components, including the
hull, decks, superstructure, and all shipboard equipment and
systems, shall be determined solely as follows:
``(1) In the case of a vessel, boat, craft, or component
procured through a contract, in accordance with the
provisions of section 2320 of this title.
``(2) In the case of a vessel, boat, craft, or component
procured through an instrument not governed by section 2320
of this title, by the terms of the instrument (other than a
contract) under which the design for such vessel, boat,
craft, or component, as applicable, was developed for the
Government.
``(b) Construction of Superseding Authorities.--This
section may be modified or superseded by a provision of
statute only if such provision expressly refers to this
section in modifying or superseding this section.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 633 of such title is amended by adding
at the end the following new item:
``7317. Status of Government rights in the designs of vessels, boats,
and craft, and components thereof''.
Subtitle D--Provisions Relating to Acquisition Workforce and Inherently
Governmental Functions
SEC. 831. DEVELOPMENT OF GUIDANCE ON PERSONAL SERVICES
CONTRACTS.
(a) Guidance Required.--Not later than 270 days after the
date of the enactment of this Act, the Secretary of Defense
shall develop guidance related to personal services contracts
to--
(1) require a clear distinction between employees of the
Department of Defense and employees of Department of Defense
contractors;
(2) provide appropriate safeguards with respect to when,
where, and to what extent the Secretary may enter into a
contract for the procurement of personal services; and
(3) assess and take steps to mitigate the risk that, as
implemented and administered, non-personal services contracts
may become personal services contracts.
(b) Definition of Personal Services Contract.--In this
section, the term ``personal services contract'' has the
meaning given that term in section 2330a(g)(5) of title 10,
United States Code.
SEC. 832. SENSE OF CONGRESS ON PERFORMANCE BY PRIVATE
SECURITY CONTRACTORS OF CERTAIN FUNCTIONS IN AN
AREA OF COMBAT OPERATIONS.
It is the sense of Congress that--
(1) security operations for the protection of resources
(including people, information, equipment, and supplies) in
uncontrolled or unpredictable high-threat environments should
ordinarily be performed by members of the Armed Forces if
they will be performed in highly hazardous public areas where
the risks are uncertain and could reasonably be expected to
require deadly force that is more likely to be initiated by
personnel performing such security operations than to occur
in self-defense;
(2) it should be in the sole discretion of the commander of
the relevant combatant command to determine whether or not
the performance by a private security contractor under a
contract awarded by any Federal agency of a particular
activity, a series of activities, or activities in a
particular location, within a designated area of combat
operations is appropriate and such a determination should not
be delegated to any person who is not in the military chain
of command;
[[Page 20861]]
(3) the Secretaries of the military departments and the
Chiefs of Staff of the Armed Forces should ensure that the
United States Armed Forces have appropriate numbers of
trained personnel to perform the functions described in
paragraph (1) without the need to rely upon private security
contractors; and
(4) the regulations issued by the Secretary of Defense
pursuant to section 862(a) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181;
122 Stat. 254; 10 U.S.C. 2302 note) should ensure that
private security contractors are not authorized to perform
inherently governmental functions in an area of combat
operations.
SEC. 833. ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY.
Section 1705 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(h) Expedited Hiring Authority.--
``(1) For purposes of sections 3304, 5333, and 5753 of
title 5, United States Code, the Secretary of Defense may--
``(A) designate any category of acquisition positions
within the Department of Defense as shortage category
positions; and
``(B) utilize the authorities in such sections to recruit
and appoint highly qualified persons directly to positions so
designated.
``(2) The Secretary may not appoint a person to a position
of employment under this subsection after September 30,
2012.''.
SEC. 834. CAREER PATH AND OTHER REQUIREMENTS FOR MILITARY
PERSONNEL IN THE ACQUISITION FIELD.
(a) Acquisition Personnel Requirements.--
(1) In general.--Chapter 87 of title 10, United States
Code, is amended by inserting after section 1722 the
following new section:
``Sec. 1722a. Special requirements for military personnel in
the acquisition field
``(a) Requirement for Policy and Guidance Regarding
Military Personnel in Acquisition.--The Secretary of Defense
shall require the Secretary of each military department (with
respect to such military department) and the Under Secretary
of Defense for Acquisition, Technology, and Logistics (with
respect to the Office of the Secretary of Defense, the
unified combatant commands, the Defense Agencies, and the
Defense Field Activities) to establish policies and issue
guidance to ensure the proper development, assignment, and
employment of members of the armed forces in the acquisition
field to achieve the objectives of this section as specified
in subsection (b).
``(b) Objectives.--Policies established and guidance issued
pursuant to subsection (a) shall ensure, at a minimum, the
following:
``(1) A career path in the acquisition field that attracts
the highest quality officers and enlisted personnel.
``(2) A number of command positions and senior
noncommissioned officer positions, including acquisition
billets reserved for general officers and flag officers under
subsection (c), sufficient to ensure that members of the
armed forces have opportunities for promotion and advancement
in the acquisition field.
``(3) A number of qualified, trained members of the armed
forces eligible for and active in the acquisition field
sufficient to ensure the optimum management of the
acquisition functions of the Department of Defense and the
appropriate use of military personnel in contingency
contracting.
``(c) Reservation of Acquisition Billets for General
Officers and Flag Officers.--(1) The Secretary of Defense
shall--
``(A) establish for each military department a sufficient
number of billets coded or classified for acquisition
personnel that are reserved for general officers and flag
officers that are needed for the purpose of ensuring the
optimum management of the acquisition functions of the
Department of Defense; and
``(B) ensure that the policies established and guidance
issued pursuant to subsection (a) by the Secretary of each
military department reserve at least that minimum number of
billets and fill the billets with qualified and trained
general officers and flag officers who have significant
acquisition experience.
``(2) The Secretary of Defense shall ensure--
``(A) a sufficient number of billets for acquisition
personnel who are general officers or flag officers exist
within the Office of the Secretary of Defense, the unified
combatant commands, the Defense Agencies, and the Defense
Field Activities to ensure the optimum management of the
acquisition functions of the Department of Defense; and
``(B) that the policies established and guidance issued
pursuant to subsection (a) by the Secretary reserve within
the Office of the Secretary of Defense, the unified combatant
commands, the Defense Agencies, and the Defense Field
Activities at least that minimum number of billets and fill
the billets with qualified and trained general officers and
flag officers who have significant acquisition experience.
``(3) The Secretary of Defense shall ensure that a portion
of the billets referred to in paragraphs (1) and (2) involve
command of organizations primarily focused on contracting and
are reserved for general officers and flag officers who have
significant contracting experience.
``(d) Relationship to Limitation on Preference for Military
Personnel.--Any designation or reservation of a position for
a member of the armed forces as a result of a policy
established or guidance issued pursuant to this section shall
be deemed to meet the requirements for an exception under
paragraph (2) of section 1722(b) of this title from the
limitation in paragraph (1) of such section.
``(e) Report.--Not later than January 1 of each year, the
Secretary of each military department shall submit to the
Under Secretary of Defense for Acquisition, Technology, and
Logistics a report describing how the Secretary fulfilled the
objectives of this section in the preceding calendar year.
The report shall include information on the reservation of
acquisition billets for general officers and flag officers
within the department concerned.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 87 of such title is amended by inserting
after the item relating to section 1722 the following new
item:
``1722a. Special requirements for military personnel in the acquisition
field.''.
(b) Additional Item in Strategic Plan.--Section
543(f)(3)(E) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat 116) is
amended by inserting after ``officer assignments and grade
requirements'' the following: ``, including requirements
relating to the reservation of billets in the acquisition
field for general and flag officers,''.
(c) Annual Report Required.--Not later than 270 days after
the date of the enactment of this Act, and not later than
March 1 of 2010, 2011, and 2012, the Secretary of Defense
shall submit to the congressional defense committees a report
on--
(1) the number acquisition and contracting billets in each
of the Armed Forces and joint activities that are reserved
for general officers and flag officers; and
(2) the extent to which these billets have been filled by
general officers and flag officers with significant
acquisition experience and significant contracting
experience, as applicable.
Subtitle E--Department of Defense Contractor Matters
SEC. 841. ETHICS SAFEGUARDS RELATED TO CONTRACTOR CONFLICTS
OF INTEREST.
(a) Policy on Personal Conflicts of Interest by Employees
of Federal Government Contractors.--Not later than 270 days
after the date of the enactment of this Act, the
Administrator for Federal Procurement Policy shall develop
and issue a standard policy to prevent personal conflicts of
interest by contractor employees performing acquisition
functions closely associated with inherently governmental
functions (including the development, award, and
administration of Government contracts) for or on behalf of a
Federal agency or department.
(1) Elements of policy.--The policy required under
subsection (a) shall--
(A) provide a definition of the term ``personal conflict of
interest'' as it relates to contractor employees performing
acquisition functions closely associated with inherently
governmental functions; and
(B) require each contractor whose employees perform
acquisition functions closely associated with inherently
governmental functions to--
(i) identify and prevent personal conflicts of interest for
employees of the contractor who are performing such
functions;
(ii) prohibit contractor employees who have access to non-
public government information obtained while performing such
functions from using such information for personal gain;
(iii) report any personal conflict-of-interest violation by
such an employee to the applicable contracting officer or
contracting officer's representative as soon as it is
identified;
(iv) maintain effective oversight to verify compliance with
personal conflict-of-interest safeguards;
(v) have procedures in place to screen for potential
conflicts of interest for all employees performing such
functions; and
(vi) take appropriate disciplinary action in the case of
employees who fail to comply with policies established
pursuant to this section.
(2) Contract clause.--
(A) The Administrator shall develop a personal conflicts-
of-interest clause or a set of clauses for inclusion in
solicitations and contracts (and task or delivery orders) for
the performance of acquisition functions closely associated
with inherently governmental functions that sets forth the
personal conflicts-of-interest policy developed under this
subsection and that sets forth the contractor's
responsibilities under such policy.
(B) Subparagraph (A) shall take effect 300 days after the
date of the enactment of this Act and shall apply to--
(i) contracts entered into on or after that effective date;
and
(ii) task or delivery orders awarded on or after that
effective date, regardless of whether the contracts pursuant
to which such task or delivery orders are awarded are entered
before, on, or after the date of the enactment of this Act.
(3) Applicability.--
[[Page 20862]]
(A) Except as provided in subparagraph (B), this subsection
shall apply to any contract for an amount in excess of the
simplified acquisition threshold (as defined in section 4(11)
of the Office of Federal Procurement Policy Act (41 U.S.C.
403(11)) if the contract is for the performance of
acquisition functions closely associated with inherently
governmental functions.
(B) If only a portion of a contract described in
subparagraph (A) is for the performance of acquisition
functions described in that subparagraph, then this
subsection applies only to that portion of the contract.
(b) Review of Federal Acquisition Regulation Relating to
Conflicts of Interest.--
(1) Review.--Not later than 12 months after the date of the
enactment of this Act, the Administrator for Federal
Procurement Policy, in consultation with the Director of the
Office of Government Ethics, shall review the Federal
Acquisition Regulation to--
(A) identify contracting methods, types and services that
raise heightened concerns for potential personal and
organizational conflicts of interest; and
(B) determine whether revisions to the Federal Acquisition
Regulation are necessary to--
(i) address personal conflicts of interest by contractor
employees with respect to functions other than those
described in subsection (a); or
(ii) achieve sufficiently rigorous, comprehensive, and
uniform government-wide policies to prevent and mitigate
organizational conflicts of interest in Federal contracting.
(2) Regulatory revisions.--If the Administrator determines
pursuant to the review under paragraph (1)(B) that revisions
to the Federal Acquisition Regulation are necessary, the
Administrator shall work with the Federal Acquisition
Regulatory Council to prescribe appropriate revisions to the
regulations, including the development of appropriate
contract clauses.
(3) Report.--Not later than March 1, 2010, the
Administrator shall submit to the Committees on Armed
Services of the Senate and House of Representatives, the
Committee on Homeland Security and Governmental Affairs in
the Senate, and the Committee on Oversight and Government
Reform of the House of Representatives a report setting forth
such findings and determinations under subparagraphs (A) and
(B) of paragraph (1), together with an assessment of any
revisions to the Federal Acquisition Regulation that may be
necessary.
(c) Best Practices.--The Administrator for Federal
Procurement Policy shall, in consultation with the Director
of the Office Government Ethics, develop and maintain a
repository of best practices relating to the prevention and
mitigation of organizational and personal conflicts of
interest in Federal contracting.
SEC. 842. INFORMATION FOR DEPARTMENT OF DEFENSE CONTRACTOR
EMPLOYEES ON THEIR WHISTLEBLOWER RIGHTS.
(a) In General.--The Secretary of Defense shall ensure that
contractors of the Department of Defense inform their
employees in writing of employee whistleblower rights and
protections under section 2409 of title 10, United States
Code, as implemented by subpart 3.9 of part I of title 48,
Code of Federal Regulations.
(b) Contractor Defined.--In this section, the term
``contractor'' has the meaning given that term in section
2409(e)(4) of title 10, United States Code.
SEC. 843. REQUIREMENT FOR DEPARTMENT OF DEFENSE TO ADOPT AN
ACQUISITION STRATEGY FOR DEFENSE BASE ACT
INSURANCE.
(a) In General.--The Secretary of Defense shall adopt an
acquisition strategy for insurance required by the Defense
Base Act (42 U.S.C. 1651 et seq.) which minimizes the cost of
such insurance to the Department of Defense and to defense
contractors subject to such Act.
(b) Criteria.--The Secretary shall ensure that the
acquisition strategy adopted pursuant to subsection (a)
addresses the following criteria:
(1) Minimize overhead costs associated with obtaining such
insurance, such as direct or indirect costs for contract
management and contract administration.
(2) Minimize costs for coverage of such insurance
consistent with realistic assumptions regarding the
likelihood of incurred claims by contractors of the
Department.
(3) Provide for a correlation of premiums paid in relation
to claims incurred that is modeled on best practices in
government and industry for similar kinds of insurance.
(4) Provide for a low level of risk to the Department.
(5) Provide for a competitive marketplace for insurance
required by the Defense Base Act to the maximum extent
practicable.
(c) Options.--In adopting the acquisition strategy pursuant
to subsection (a), the Secretary shall consider such options
(including entering into a single Defense Base Act insurance
contract) as the Secretary deems to best satisfy the criteria
identified under subsection (b).
(d) Report.--(1) Not later than 270 days after the date of
enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives, the Committee on Homeland Security and
Governmental Affairs of the Senate, and the Committee on
Oversight and Government Reform of the House of
Representatives a report on the acquisition strategy adopted
pursuant to subsection (a).
(2) The report shall include a discussion of each of the
options considered pursuant to subsection (c) and the extent
to which each option addresses the criteria identified under
subsection (b), and shall include a plan to implement within
18 months after the date of enactment of this Act the
acquisition strategy adopted by the Secretary.
(e) Review of Acquisition Strategy.--As considered
appropriate by the Secretary, but not less often than once
every 3 years, the Secretary shall review and, as necessary,
update the acquisition strategy adopted pursuant to
subsection (a) to ensure that it best addresses the criteria
identified under subsection (b).
SEC. 844. REPORT ON USE OF OFF-SHORE SUBSIDIARIES BY DEFENSE
CONTRACTORS.
(a) Report Required.--Not later than one year after the
date of the enactment of this Act, the Comptroller General
shall provide a report to the Committees on Armed Services of
the Senate and the House of Representatives on the use of
off-shore subsidiaries by contractors of the Department of
Defense.
(b) Matters Covered.--The report shall comprehensively
examine the rationale, implications, and costs and benefits
for both the contractor and the Department of Defense in
using off-shore subsidiaries, particularly in respect to--
(1) tax liability (including corporate income taxes and
payroll taxes);
(2) legal liability;
(3) compliance with cost accounting standards;
(4) efficiency in contract performance;
(5) contract management and contract oversight; and
(6) such other areas as the Comptroller General determines
appropriate.
SEC. 845. DEFENSE INDUSTRIAL SECURITY.
(a) Defense Industrial Security.--
(1) In general.--Subchapter I of chapter 21 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 438. Defense industrial security
``(a) Responsibility for Defense Industrial Security.--The
Secretary of Defense shall be responsible for the protection
of classified information disclosed to contractors of the
Department of Defense.
``(b) Consistency With Executive Orders and Directives.--
The Secretary shall carry out the responsibility assigned
under subsection (a) in a manner consistent with Executive
Order 12829 (or any successor order to such executive order)
and consistent with policies relating to the National
Industrial Security Program (or any successor to such
program).
``(c) Performance of Industrial Security Functions for
Other Agencies.--The Secretary may perform industrial
security functions for other agencies of the Federal
government upon request or upon designation of the Department
of Defense as executive agent for the National Industrial
Security Program (or any successor to such program).
``(d) Regulations and Policy Guidance.--The Secretary shall
prescribe, and from time to time revise, such regulations and
policy guidance as are necessary to ensure the protection of
classified information disclosed to contractors of the
Department of Defense.
``(e) Dedication of Resources.--The Secretary shall ensure
that sufficient resources are provided to staff, train, and
support such personnel as are necessary to fully protect
classified information disclosed to contractors of the
Department of Defense.
``(f) Biennial Report.--The Secretary shall report
biennially to the congressional defense committees on
expenditures and activities of the Department of Defense in
carrying out the requirements of this section. The Secretary
shall submit the report at or about the same time that the
President's budget is submitted pursuant to section 1105(a)
of title 31, United States Code, in odd numbered years. The
report shall be in an unclassified form (with a classified
annex if necessary) and shall cover the activities of the
Department of Defense in the preceding two fiscal years,
including the following:
``(1) The workforce responsible for carrying out the
requirements of this section, including the number and
experience of such workforce; training in the performance of
industrial security functions; performance metrics; and
resulting assessment of overall quality.
``(2) A description of funds authorized, appropriated, or
reprogrammed to carry out the requirements of this section,
the budget execution of such funds, and the adequacy of
budgets provided for performing such purpose.
``(3) Statistics on the number of contractors handling
classified information of the Department of Defense, and the
percentage of such contractors who are subject to foreign
ownership, control, or influence.
``(4) Statistics on the number of violations identified,
enforcement actions taken, and the percentage of such
violations occurring at facilities of contractors subject to
foreign ownership, control, or influence.
``(5) An assessment of whether major contractors
implementing the program have
[[Page 20863]]
adequate enforcement programs and have trained their
employees adequately in the requirements of the program.
``(6) Trend data on attempts to compromise classified
information disclosed to contractors of the Department of
Defense to the extent that such data are available.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter I of chapter 21 of title 10, United
States Code, is amended by adding at the end the following
new item:
``438. Defense industrial security.''.
(b) Submission of First Biennial Report.--Notwithstanding
the deadline in subsection (f) of section 438 of title 10,
United States Code, as added by this section, the first
biennial report submitted after the date of the enactment of
this Act pursuant to such subsection shall be submitted not
later than September 1, 2009, and shall address the period
from the date of the enactment of this Act to the issuance of
such report.
(c) Report on Improving Industrial Security.--Not later
than March 1, 2009, the Secretary of Defense shall submit to
the congressional defense committees a report on improving
industrial security, including, at a minimum, the following:
(1) The actions taken or actions planned to implement the
recommendations of the Comptroller General as embodied in the
report entitled ``Industrial Security: DOD Cannot Ensure Its
Oversight of Contractors Under Foreign Influence Is
Sufficient'' (GAO-05-681; July 2005).
(2) Other actions taken or action planned to improve
industrial security.
(3) An analysis of the impact of emerging financial
arrangements such as sovereign wealth funds, hedge funds, and
other new financial debt and credit arrangements on the
Department's ability to identify and mitigate foreign
ownership, control, or influence.
(4) Any recommendations of the Secretary for modifying
regulations and policy guidance prescribed pursuant to
section 438(d) of title 10, United States Code, or other
regulations or policy guidance addressing industrial
security, to extend best practices for industrial security
across the broadest possible range of defense contractors,
and to improve industrial security generally.
Subtitle F--Matters Relating to Iraq and Afghanistan
SEC. 851. CLARIFICATION AND MODIFICATION OF AUTHORITIES
RELATING TO THE COMMISSION ON WARTIME
CONTRACTING IN IRAQ AND AFGHANISTAN.
(a) Nature of Commission.--Subsection (a) of section 841 of
the National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 122 Stat. 230) is amended by inserting
``in the legislative branch'' after ``There is hereby
established''.
(b) Pay and Annuities of Members and Staff on Federal
Reemployment.--Subsection (e) of such is amended by adding at
the end the following new paragraph:
``(8) Pay and annuities of members and staff on federal
reemployment.--If warranted by circumstances described in
subparagraph (A) or (B) of section 8344(i)(1) of title 5,
United States Code, or by circumstances described in
subparagraph (A) or (B) of section 8468(f)(1) of such title,
as applicable, a co-chairman of the Commission may exercise,
with respect to the members and staff of the Commission, the
same waiver authority as would be available to the Director
of the Office of Personnel Management under such section.''.
(c) Effective Date.--
(1) Nature of commission.--The amendment made by subsection
(a) shall take effect as of January 28, 2008, as if included
in the enactment of the National Defense Authorization Act
for Fiscal Year 2008.
(2) Pay and annuities.--The amendment made by subsection
(b) shall apply to members and staff of the Commission on
Wartime Contracting in Iraq and Afghanistan appointed or
employed, as the case may be, on or after that date.
SEC. 852. COMPREHENSIVE AUDIT OF SPARE PARTS PURCHASES AND
DEPOT OVERHAUL AND MAINTENANCE OF EQUIPMENT FOR
OPERATIONS IN IRAQ AND AFGHANISTAN.
(a) Audits Required.--The Army Audit Agency, the Navy Audit
Service, and the Air Force Audit Agency shall each conduct
thorough audits to identify potential waste, fraud, and abuse
in the performance of the following:
(1) Department of Defense contracts, subcontracts, and task
and delivery orders for--
(A) depot overhaul and maintenance of equipment for the
military in Iraq and Afghanistan; and
(B) spare parts for military equipment used in Iraq and
Afghanistan; and
(2) Department of Defense in-house overhaul and maintenance
of military equipment used in Iraq and Afghanistan.
(b) Comprehensive Audit Plan.--
(1) Plans.--The Army Audit Agency, the Navy Audit Service,
and the Air Force Audit Agency shall, in coordination with
the Inspector General of the Department of Defense, develop a
comprehensive plan for a series of audits to discharge the
requirements of subsection (a).
(2) Incorporation into required audit plan.--The plan
developed under paragraph (1) shall be submitted to the
Inspector General of the Department of Defense for
incorporation into the audit plan required by section
842(b)(1) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 234; 10
U.S.C. 2302 note).
(c) Independent Conduct of Audit Functions.--All audit
functions performed under this section, including audit
planning and coordination, shall be performed in an
independent manner.
(d) Availability of Results.--All audit reports resulting
from audits under this section shall be made available to the
Commission on Wartime Contracting in Iraq and Afghanistan
established pursuant to section 841 of the National Defense
Authorization Act for Fiscal Year 2008 (122 Stat. 230).
(e) Construction.--Nothing in this section shall be
construed to require any agency of the Federal Government to
duplicate audit work that an agency of the Federal Government
has already performed.
SEC. 853. ADDITIONAL MATTERS REQUIRED TO BE REPORTED BY
CONTRACTORS PERFORMING SECURITY FUNCTIONS IN
AREAS OF COMBAT OPERATIONS.
Section 862 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 254; 10
U.S.C. 2302 note) is amended--
(1) in subsection (a)(2)(D)--
(A) by striking ``or'' at the end of clause (ii); and
(B) by inserting after clause (iii) the following new
clauses:
``(iv) a weapon is discharged against personnel performing
private security functions in an area of combat operations or
personnel performing such functions believe a weapon was so
discharged; or
``(v) active, non-lethal countermeasures (other than the
discharge of a weapon) are employed by the personnel
performing private security functions in an area of combat
operations in response to a perceived immediate threat to
such personnel;''; and
(2) in subsection (b)(2)(B) in the matter preceding clause
(i)--
(A) by inserting ``comply with and'' before ``ensure''; and
(B) by striking ``comply with--'' and inserting ``act in
accordance with--''.
SEC. 854. ADDITIONAL CONTRACTOR REQUIREMENTS AND
RESPONSIBILITIES RELATING TO ALLEGED CRIMES BY
OR AGAINST CONTRACTOR PERSONNEL IN IRAQ AND
AFGHANISTAN.
(a) In General.--Section 861(b) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181;
122 Stat. 253; 10 U.S.C. 2302 note) is amended by adding the
following new paragraphs:
``(7) Mechanisms for ensuring that contractors are required
to report offenses described in paragraph (6) that are
alleged to have been committed by or against contractor
personnel to appropriate investigative authorities.
``(8) Responsibility for providing victim and witness
protection and assistance to contractor personnel in
connection with alleged offenses described in paragraph (6).
``(9) Development of a requirement that a contractor shall
provide to all contractor personnel who will perform work on
a contract in Iraq or Afghanistan, before beginning such
work, information on the following:
``(A) How and where to report an alleged offense described
in paragraph (6).
``(B) Where to seek the assistance required by paragraph
(8).''.
(b) Implementation.--
(1) Through memorandum of understanding.--The memorandum of
understanding required by section 861(a) of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 122 Stat. 253; 10 U.S.C. 2302 note) shall be
modified to address the requirements under the amendment made
by subsection (a) not later than 120 days after the date of
the enactment of this Act.
(2) As condition of current and future contracts.--The
requirements under the amendment made by subsection (a) shall
be included in each contract in Iraq or Afghanistan (as
defined in section 864(a)(2) of Public Law 110-181; 2302
note) awarded on or after the date that is 180 days after the
date of the enactment of this Act. Federal agencies shall
make best efforts to provide for the inclusion of such
requirements in covered contracts awarded before such date.
(c) Reporting Requirement.--Beginning not later than 270
days after the date of the enactment of this Act, the
Secretary of Defense shall make publicly available a
numerical accounting of alleged offenses described in section
861(b)(6) of Public Law 110-181 that have been reported under
that section that occurred after the date of the enactment of
this Act. The information shall be updated no less frequently
than semi-annually.
(d) Definitions.--Section 864(a) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181;
122 Stat. 253; 10 U.S.C. 2302 note) is amended--
(1) by redesignating paragraphs (5) and (6) as paragraphs
(6) and (7), respectively; and
(2) by inserting after paragraph (4) the following new
paragraph:
``(5) Contractor personnel.--The term `contractor
personnel' means any person performing work under contract
for the Department of Defense, the Department of State, or
the United States Agency for International
[[Page 20864]]
Development, in Iraq or Afghanistan, including individuals
and subcontractors at any tier.''.
SEC. 855. SUSPENSION OF STATUTES OF LIMITATIONS WHEN CONGRESS
AUTHORIZES THE USE OF MILITARY FORCE.
Section 3287 of title 18, United States Code, is amended--
(1) by inserting ``or Congress has enacted a specific
authorization for the use of the Armed Forces, as described
in section 5(b) of the War Powers Resolution (50 U.S.C.
1544(b)),'' after ``is at war'';
(2) by inserting ``or directly connected with or related to
the authorized use of the Armed Forces'' after ``prosecution
of the war'';
(3) by striking ``three years'' and inserting ``5 years'';
(4) by striking ``proclaimed by the President'' and
inserting ``proclaimed by a Presidential proclamation, with
notice to Congress,''; and
(5) by adding at the end the following: ``For purposes of
applying such definitions in this section, the term `war'
includes a specific authorization for the use of the Armed
Forces, as described in section 5(b) of the War Powers
Resolution (50 U.S.C. 1544(b)).''.
Subtitle G--Governmentwide Acquisition Improvements
SEC. 861. SHORT TITLE.
This subtitle may be cited as the ``Clean Contracting Act
of 2008''.
SEC. 862. LIMITATION ON LENGTH OF CERTAIN NONCOMPETITIVE
CONTRACTS.
(a) Civilian Agency Contracts.--Section 303(d) of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 253(d)) is amended by adding at the end the following
new paragraph:
``(3)(A) The contract period of a contract described in
subparagraph (B) that is entered into by an executive agency
pursuant to the authority provided under subsection (c)(2)--
``(i) may not exceed the time necessary--
``(I) to meet the unusual and compelling requirements of
the work to be performed under the contract; and
``(II) for the executive agency to enter into another
contract for the required goods or services through the use
of competitive procedures; and
``(ii) may not exceed one year unless the head of the
executive agency entering into such contract determines that
exceptional circumstances apply.
``(B) This paragraph applies to any contract in an amount
greater than the simplified acquisition threshold.''.
(b) Defense Contracts.--Section 2304(d) of title 10, United
States Code, is amended by adding at the end the following
new paragraph:
``(3)(A) The contract period of a contract described in
subparagraph (B) that is entered into by an agency pursuant
to the authority provided under subsection (c)(2)--
``(i) may not exceed the time necessary--
``(I) to meet the unusual and compelling requirements of
the work to be performed under the contract; and
``(II) for the agency to enter into another contract for
the required goods or services through the use of competitive
procedures; and
``(ii) may not exceed one year unless the head of the
agency entering into such contract determines that
exceptional circumstances apply.
``(B) This paragraph applies to any contract in an amount
greater than the simplified acquisition threshold.''.
SEC. 863. REQUIREMENTS FOR PURCHASE OF PROPERTY AND SERVICES
PURSUANT TO MULTIPLE AWARD CONTRACTS.
(a) Regulations Required.--Not later than one year after
the date of the enactment of this Act, the Federal
Acquisition Regulation shall be amended to require enhanced
competition in the purchase of property and services by all
executive agencies pursuant to multiple award contracts.
(b) Content of Regulations.--
(1) In general.--The regulations required by subsection (a)
shall provide, at a minimum, that each individual purchase of
property or services in excess of the simplified acquisition
threshold that is made under a multiple award contract shall
be made on a competitive basis unless a contracting officer--
(A) waives the requirement on the basis of a determination
that--
(i) one of the circumstances described in paragraphs (1)
through (4) of section 303J(b) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253j(b)) or
section 2304c(b) of title 10, United States Code, applies to
such individual purchase; or
(ii) a law expressly authorizes or requires that the
purchase be made from a specified source; and
(B) justifies the determination in writing.
(2) Competitive basis procedures.--For purposes of this
subsection, an individual purchase of property or services is
made on a competitive basis only if it is made pursuant to
procedures that--
(A) except as provided in paragraph (3), require fair
notice of the intent to make that purchase (including a
description of the work to be performed and the basis on
which the selection will be made) to be provided to all
contractors offering such property or services under the
multiple award contract; and
(B) afford all contractors responding to the notice a fair
opportunity to make an offer and have that offer fairly
considered by the official making the purchase.
(3) Exception to notice requirement.--
(A) In general.--Notwithstanding paragraph (2), and subject
to subparagraph (B), notice may be provided to fewer than all
contractors offering such property or services under a
multiple award contract as described in subsection (d)(2)(A)
if notice is provided to as many contractors as practicable.
(B) Limitation on exception.--A purchase may not be made
pursuant to a notice that is provided to fewer than all
contractors under subparagraph (A) unless--
(i) offers were received from at least 3 qualified
contractors; or
(ii) a contracting officer of the executive agency
determines in writing that no additional qualified
contractors were able to be identified despite reasonable
efforts to do so.
(c) Public Notice Requirements Related to Sole Source Task
or Delivery Orders.--
(1) Public notice required.--Not later than one year after
the date of the enactment of this Act, the Federal
Acquisition Regulation shall be amended to require the head
of each executive agency to--
(A) publish on FedBizOpps notice of all sole source task or
delivery orders in excess of the simplified acquisition
threshold that are placed against multiple award contracts
not later than 14 days after such orders are placed, except
in the event of extraordinary circumstances or classified
orders; and
(B) disclose the determination required by subsection
(b)(1) related to sole source task or delivery orders in
excess of the simplified acquisition threshold placed against
multiple award contracts through the same mechanism and to
the same extent as the disclosure of documents containing a
justification and approval required by section 2304(f)(1) of
title 10, United States Code, and section 303(f)(1) of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 253(f)(1)), except in the event of extraordinary
circumstances or classified orders.
(2) Exemption.--This subsection does not require the public
availability of information that is exempt from public
disclosure under section 552(b) of title 5, United States
Code.
(d) Definitions.--In this section:
(1) The term ``executive agency'' has the meaning given
such term in section 4(1) of the Office of Federal
Procurement Policy Act (41 U.S.C. 403(1)).
(2) The term ``individual purchase'' means a task order,
delivery order, or other purchase.
(3) The term ``multiple award contract'' means--
(A) a contract that is entered into by the Administrator of
General Services under the multiple award schedule program
referred to in section 2302(2)(C) of title 10, United States
Code;
(B) a multiple award task order contract that is entered
into under the authority of sections 2304a through 2304d of
title 10, United States Code, or sections 303H through 303K
of the Federal Property and Administrative Services Act of
1949 (41 U.S.C. 253h through 253k); and
(C) any other indefinite delivery, indefinite quantity
contract that is entered into by the head of an executive
agency with 2 or more sources pursuant to the same
solicitation.
(4) The term ``sole source task or delivery order'' means
any order that does not follow the competitive procedures in
subsection (b)(2) or (b)(3).
(e) Applicability.--The regulations required by subsection
(a) shall apply to all individual purchases of property or
services that are made under multiple award contracts on or
after the effective date of such regulations, without regard
to whether the multiple award contracts were entered into
before, on, or after such effective date.
(f) Repeal of Redundant Provision.--Section 803 of the
National Defense Authorization Act for Fiscal Year 2002
(Public Law 107-107; 10 U.S.C. 2304 note) is repealed.
SEC. 864. REGULATIONS ON THE USE OF COST-REIMBURSEMENT
CONTRACTS.
(a) In General.--Not later than 270 days after the date of
the enactment of this Act, the Federal Acquisition Regulation
shall be revised to address the use of cost-reimbursement
contracts.
(b) Content.--The regulations promulgated under subsection
(a) shall include, at a minimum, guidance regarding--
(1) when and under what circumstances cost-reimbursement
contracts are appropriate;
(2) the acquisition plan findings necessary to support a
decision to use cost-reimbursement contracts; and
(3) the acquisition workforce resources necessary to award
and manage cost-reimbursement contracts.
(c) Inspector General Review.--Not later than one year
after the regulations required by subsection (a) are
promulgated, the Inspector General for each executive agency
shall review the use of cost-reimbursement contracts by such
agency for compliance with such regulations and shall include
the results of the review in the Inspector General's next
semiannual report.
[[Page 20865]]
(d) Report.--Subject to subsection (f), the Director of the
Office of Management and Budget shall submit an annual report
to Congressional committees identified in subsection (e) on
the use of cost-reimbursement contracts and task or delivery
orders by all executive agencies. The report shall be
submitted no later than March 1 and shall cover the fiscal
year ending September 30 of the prior year. The report shall
include--
(1) the total number and value of contracts awarded and
orders issued during the covered fiscal year;
(2) the total number and value of cost-reimbursement
contracts awarded and orders issued during the covered fiscal
year; and
(3) an assessment of the effectiveness of the regulations
promulgated pursuant to subsection (a) in ensuring the
appropriate use of cost-reimbursement contracts.
(e) Congressional Committees Defined.--The report required
by subsection (d) shall be submitted to the Committee on
Oversight and Government Reform of the House of
Representatives; the Committee on Homeland Security and
Governmental Affairs of the Senate; the Committees on
Appropriations of the House of Representatives and the
Senate; and, in the case of the Department of Defense and the
Department of Energy, the Committees on Armed Services of the
Senate and the House of Representatives.
(f) Requirements Limited to Certain Agencies and Years.--
(1) Agencies.--The requirement in subsection (c) shall
apply only to those executive agencies that awarded contracts
or issued orders (under contracts previously awarded) in a
total amount of at least $1,000,000,000 in the fiscal year
proceeding the fiscal year in which the assessments and
reports are submitted.
(2) Years.--The report required by subsection (d) shall be
submitted from March 1, 2009, until March 1, 2014.
(g) Executive Agency Defined.--In this section, the term
``executive agency'' has the meaning given such term in
section 4(1) of the Office of Federal Procurement Policy Act
(41 U.S.C. 403(1)).
SEC. 865. PREVENTING ABUSE OF INTERAGENCY CONTRACTS.
(a) Office of Management and Budget Policy Guidance.--
(1) Report and guidelines.--Not later than one year after
the date of the enactment of this Act, the Director of the
Office of Management and Budget shall--
(A) submit to Congress a comprehensive report on
interagency acquisitions, including their frequency of use,
management controls, cost-effectiveness, and savings
generated; and
(B) issue guidelines to assist the heads of executive
agencies in improving the management of interagency
acquisitions.
(2) Matters covered by guidelines.--For purposes of
paragraph (1)(B), the Director shall include guidelines on
the following matters:
(A) Procedures for the use of interagency acquisitions to
maximize competition, deliver best value to executive
agencies, and minimize waste, fraud, and abuse.
(B) Categories of contracting inappropriate for interagency
acquisition.
(C) Requirements for training acquisition workforce
personnel in the proper use of interagency acquisitions.
(b) Regulations Required.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Federal Acquisition Regulation
shall be revised to require that all interagency
acquisitions--
(A) include a written agreement between the requesting
agency and the servicing agency assigning responsibility for
the administration and management of the contract;
(B) include a determination that an interagency acquisition
is the best procurement alternative; and
(C) include sufficient documentation to ensure an adequate
audit.
(2) Multi-agency contracts.--Not later than one year after
the date of the enactment of this Act, the Federal
Acquisition Regulation shall be revised to require any multi-
agency contract entered into by an executive agency after the
effective date of such regulations to be supported by a
business case analysis detailing the administration of such
contract, including an analysis of all direct and indirect
costs to the Federal Government of awarding and administering
such contract and the impact such contract will have on the
ability of the Federal Government to leverage its purchasing
power.
(c) Agency Reporting Requirement.--The senior procurement
executive for each executive agency shall, as directed by the
Director of the Office of Management and Budget, submit to
the Director annual reports on the actions taken by the
executive agency pursuant to the guidelines issued under
subsection (a).
(d) Definitions.--In this section:
(1) The term ``executive agency'' has the meaning given
such term in section 4(1) of the Office of Federal
Procurement Policy Act (41 U.S.C. 403(1)), except that, in
the case of a military department, it means the Department of
Defense.
(2) The term ``head of executive agency'' means the head of
an executive agency except that, in the case of a military
department, the term means the Secretary of Defense.
(3) The term ``interagency acquisition'' means a procedure
by which an executive agency needing supplies or services
(the requesting agency) obtains them from another executive
agency (the servicing agency). The term includes acquisitions
under section 1535 of title 31, United States Code (commonly
referred to as the ``Economy Act''), Federal Supply Schedules
above $500,000, and Governmentwide acquisition contracts.
(4) The term ``multi-agency contract'' means a task or
delivery order contract established for use by more than one
executive agency to obtain supplies and services, consistent
with section 1535 of title 31, United States Code (commonly
referred to as the ``Economy Act'').
SEC. 866. LIMITATIONS ON TIERING OF SUBCONTRACTORS.
(a) Regulations.--Not later than one year after the date of
the enactment of this Act, the Federal Acquisition Regulation
shall be amended, for executive agencies other than the
Department of Defense, to minimize the excessive use by
contractors of subcontractors, or of tiers of subcontractors,
that add no or negligible value, and to ensure that neither a
contractor nor a subcontractor receives indirect costs or
profit on work performed by a lower-tier subcontractor to
which the higher-tier contractor or subcontractor adds no, or
negligible, value (but not to limit charges for indirect
costs and profit based on the direct costs of managing lower-
tier subcontracts).
(b) Covered Contracts.--This section applies to any cost-
reimbursement type contract or task or delivery order in an
amount greater than the simplified acquisition threshold (as
defined by section 4 of the Office of Federal Procurement
Policy Act (41 U.S.C. 403)).
(c) Rule of Construction.--Nothing in this section shall be
construed as limiting the ability of the Department of
Defense to implement more restrictive limitations on the
tiering of subcontractors.
(d) Applicability.--The Department of Defense shall
continue to be subject to guidance on limitations on tiering
of subcontractors issued by the Department pursuant to
section 852 of the John Warner National Defense Authorization
Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat.
2340).
(e) Executive Agency Defined.--In this section, the term
``executive agency'' has the meaning given such term in
section 4(1) of the Office of Federal Procurement Policy Act
(41 U.S.C. 403(1)).
SEC. 867. LINKING OF AWARD AND INCENTIVE FEES TO ACQUISITION
OUTCOMES.
(a) Guidance for Executive Agencies on Linking of Award and
Incentive Fees to Acquisition Outcomes.--Not later than 1
year after the date of the enactment of this Act, the Federal
Acquisition Regulation shall be amended to provide executive
agencies other than the Department of Defense with
instructions, including definitions, on the appropriate use
of award and incentive fees in Federal acquisition programs.
(b) Elements.--The regulations under subsection (a) shall--
(1) ensure that all new contracts using award fees link
such fees to acquisition outcomes (which shall be defined in
terms of program cost, schedule, and performance);
(2) establish standards for identifying the appropriate
level of officials authorized to approve the use of award and
incentive fees in new contracts;
(3) provide guidance on the circumstances in which
contractor performance may be judged to be ``excellent'' or
``superior'' and the percentage of the available award fee
which contractors should be paid for such performance;
(4) establish standards for determining the percentage of
the available award fee, if any, which contractors should be
paid for performance that is judged to be ``acceptable'',
``average'', ``expected'', ``good'', or ``satisfactory'';
(5) ensure that no award fee may be paid for contractor
performance that is judged to be below satisfactory
performance or performance that does not meet the basic
requirements of the contract;
(6) provide specific direction on the circumstances, if
any, in which it may be appropriate to roll over award fees
that are not earned in one award fee period to a subsequent
award fee period or periods;
(7) ensure consistent use of guidelines and definitions
relating to award and incentive fees across the Federal
Government;
(8) ensure that each executive agency--
(A) collects relevant data on award and incentive fees paid
to contractors; and
(B) has mechanisms in place to evaluate such data on a
regular basis;
(9) include performance measures to evaluate the
effectiveness of award and incentive fees as a tool for
improving contractor performance and achieving desired
program outcomes; and
(10) provide mechanisms for sharing proven incentive
strategies for the acquisition of different types of products
and services among contracting and program management
officials.
(c) Guidance for Department of Defense.--The Department of
Defense shall continue to be subject to guidance on award
[[Page 20866]]
and incentive fees issued by the Secretary of Defense
pursuant to section 814 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364;
120 Stat. 2321).
(d) Executive Agency Defined.--In this section, the term
``executive agency'' has the meaning given such term in
section 4(1) of the Office of Federal Procurement Policy Act
(41 U.S.C. 403(1)).
SEC. 868. MINIMIZING ABUSE OF COMMERCIAL SERVICES ITEM
AUTHORITY.
(a) Regulations Required.--Not later than 180 days after
the date of the enactment of this Act, the Federal
Acquisition Regulation shall be amended with respect to the
procurement of commercial services.
(b) Applicability of Commercial Procedures.--
(1) Services of a type sold in marketplace.--The
regulations modified pursuant to subsection (a) shall ensure
that services that are not offered and sold competitively in
substantial quantities in the commercial marketplace, but are
of a type offered and sold competitively in substantial
quantities in the commercial marketplace, may be treated as
commercial items for purposes of section 254b of title 41,
United States Code (relating to truth in negotiations), only
if the contracting officer determines in writing that the
offeror has submitted sufficient information to evaluate,
through price analysis, the reasonableness of the price for
such services.
(2) Information submitted.--To the extent necessary to make
a determination under paragraph (1), the contracting officer
may request the offeror to submit--
(A) prices paid for the same or similar commercial items
under comparable terms and conditions by both government and
commercial customers; and
(B) if the contracting officer determines that the
information described in subparagraph (A) is not sufficient
to determine the reasonableness of price, other relevant
information regarding the basis for price or cost, including
information on labor costs, material costs, and overhead
rates.
SEC. 869. ACQUISITION WORKFORCE DEVELOPMENT STRATEGIC PLAN.
(a) Purpose.--The purpose of this section is to authorize
the preparation and completion of a plan (to be known as the
``Acquisition Workforce Development Strategic Plan'') for
Federal agencies other than the Department of Defense to
develop a specific and actionable 5-year plan to increase the
size of the acquisition workforce, and to operate a
government-wide acquisition intern program, for such Federal
agencies.
(b) Establishment of Plan.--The Associate Administrator for
Acquisition Workforce Programs designated under section
855(a) of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 251; 41 U.S.C.
433(a)) shall be responsible for the management, oversight,
and administration of the Acquisition Workforce Development
Strategic Plan in cooperation and consultation with the
Office of Federal Procurement Policy and the assistance of
the Federal Acquisition Institute.
(c) Criteria.--The Acquisition Workforce Development
Strategic Plan shall include, at a minimum, an examination of
the following matters:
(1) The variety and complexity of acquisitions conducted by
each Federal agency covered by the plan, and the workforce
needed to effectively carry out such acquisitions.
(2) The development of a sustainable funding model to
support efforts to hire, retain, and train an acquisition
workforce of appropriate size and skill to effectively carry
out the acquisition programs of the Federal agencies covered
by the plan, including an examination of interagency funding
methods and a discussion of how the model of the Defense
Acquisition Workforce Development Fund could be applied to
civilian agencies.
(3) Any strategic human capital planning necessary to hire,
retain, and train an acquisition workforce of appropriate
size and skill at each Federal agency covered by the plan.
(4) Methodologies that Federal agencies covered by the plan
can use to project future acquisition workforce personnel
hiring requirements, including an appropriate distribution of
such personnel across each category of positions designated
as acquisition workforce personnel under section 37(j) of the
Office of Federal Procurement Policy Act (41 U.S.C. 433(j)).
(5) Government-wide training standards and certification
requirements necessary to enhance the mobility and career
opportunities of the Federal acquisition workforce within the
Federal agencies covered by the plan.
(6) If the Associate Administrator recommends as part of
the plan a growth in the acquisition workforce of the Federal
agencies covered by the plan below 25 percent over the next 5
years, an examination of each of the matters specified in
paragraphs (1) through (5) in the context of a 5-year plan
that increases the size of such acquisition workforce by not
less than 25 percent, or an explanation why such a level of
growth would not be in the best interest of the Federal
Government.
(d) Deadline for Completion.--The Acquisition Workforce
Development Strategic Plan shall be completed not later than
one year after the date of the enactment of this Act and in a
fashion that allows for immediate implementation of its
recommendations and guidelines.
(e) Funds.--The Acquisition Workforce Development Strategic
Plan shall be funded from the Acquisition Workforce Training
Fund under section 37(h)(3) of the Office of Federal
Procurement Policy Act (41 U.S.C. 433(h)(3)).
SEC. 870. CONTINGENCY CONTRACTING CORPS.
(a) Establishment.--The Office of Federal Procurement
Policy Act (41 U.S.C. 403 et seq.) is amended by adding at
the end the following new section:
``SEC. 44. CONTINGENCY CONTRACTING CORPS.
``(a) Establishment.--The Administrator of General
Services, pursuant to policies established by the Office of
Management and Budget, and in consultation with the Secretary
of Defense and the Secretary of Homeland Security, shall
establish a Governmentwide Contingency Contracting Corps (in
this section referred to as the `Corps'). The members of the
Corps shall be available for deployment in responding to an
emergency or major disaster, or a contingency operation, both
within or outside the continental United States.
``(b) Applicability.--The authorities provided in this
section apply with respect to any procurement of property or
services by or for an executive agency that, as determined by
the head of such executive agency, are to be used--
``(1) in support of a contingency operation as defined in
section 101(a)(13) of title 10, United States Code; or
``(2) to respond to an emergency or major disaster as
defined in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122).
``(c) Membership.--Membership in the Corps shall be
voluntary and open to all Federal employees and members of
the Armed Forces who are members of the Federal acquisition
workforce.
``(d) Education and Training.--The Administrator may, in
consultation with the Director of the Federal Acquisition
Institute and the Chief Acquisition Officers Council,
establish educational and training requirements for members
of the Corps. Education and training carried out pursuant to
such requirements shall be paid for from funds available in
the acquisition workforce training fund established pursuant
to section 37(h)(3) of this Act.
``(e) Salary.--The salary for a member of the Corps shall
be paid--
``(1) in the case of a member of the Armed Forces, out of
funds available to the Armed Force concerned; and
``(2) in the case of a Federal employee, out of funds
available to the employing agency.
``(f) Authority To Deploy the Corps.--(1) The Director of
the Office of Management and Budget shall have the authority,
upon request by an executive agency, to determine when
members of the Corps shall be deployed, with the concurrence
of the head of the agency or agencies employing the members
to be deployed.
``(2) Nothing in this section shall preclude the Secretary
of Defense or the Secretary's designee from deploying members
of the Armed Forces or civilian personnel of the Department
of Defense in support of a contingency operation as defined
in section 101(a)(13) of title 10, United States Code.
``(g) Annual Report.--
``(1) In general.--The Administrator of General Services
shall provide to the Committee on Homeland Security and
Governmental Affairs and the Committee on Armed Services of
the Senate and the Committee on Oversight and Government
Reform and the Committee on Armed Services of the House of
Representatives an annual report on the status of the
Contingency Contracting Corps as of September 30 of each
fiscal year.
``(2) Content.--At a minimum, each report under paragraph
(1) shall include the number of members of the Contingency
Contracting Corps, the total cost of operating the program,
the number of deployments of members of the program, and the
performance of members of the program in deployment.''.
(b) Clerical Amendment.--The table of contents for that Act
(contained in section 1(b) of that Act) is amended by adding
at the end the following new item:
``Sec. 44. Contingency Contracting Corps.''.
SEC. 871. ACCESS OF GOVERNMENT ACCOUNTABILITY OFFICE TO
CONTRACTOR EMPLOYEES.
(a) Civilian Agencies.--Section 304C of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
254d) is amended in subsection (c)(1) by inserting before the
period the following: ``and to interview any current employee
regarding such transactions''.
(b) Defense Agencies.--Section 2313 of title 10, United
States Code, is amended in subsection (c)(1) by inserting
before the period the following: ``and to interview any
current employee regarding such transactions''.
SEC. 872. DATABASE FOR FEDERAL AGENCY CONTRACT AND GRANT
OFFICERS AND SUSPENSION AND DEBARMENT
OFFICIALS.
(a) In General.--Subject to the authority, direction, and
control of the Director of the Office of Management and
Budget, the Administrator of General Services shall
establish, not later than one year after the date of
[[Page 20867]]
the enactment of this Act, and maintain a database of
information regarding the integrity and performance of
certain persons awarded Federal agency contracts and grants
for use by Federal agency officials having authority over
contracts and grants.
(b) Persons Covered.--The database shall cover the
following:
(1) Any person awarded a Federal agency contract or grant
in excess of $500,000, if any information described in
subsection (c) exists with respect to such person.
(2) Any person awarded such other category or categories of
Federal agency contract as the Federal Acquisition Regulation
may provide, if such information exists with respect to such
person.
(c) Information Included.--With respect to a covered person
the database shall include information (in the form of a
brief description) for the most recent 5-year period
regarding the following:
(1) Each civil or criminal proceeding, or any
administrative proceeding, in connection with the award or
performance of a contract or grant with the Federal
Government with respect to the person during the period to
the extent that such proceeding results in the following
dispositions:
(A) In a criminal proceeding, a conviction.
(B) In a civil proceeding, a finding of fault and liability
that results in the payment of a monetary fine, penalty,
reimbursement, restitution, or damages of $5,000 or more.
(C) In an administrative proceeding, a finding of fault and
liability that results in--
(i) the payment of a monetary fine or penalty of $5,000 or
more; or
(ii) the payment of a reimbursement, restitution, or
damages in excess of $100,000.
(D) To the maximum extent practicable and consistent with
applicable laws and regulations, in a criminal, civil, or
administrative proceeding, a disposition of the matter by
consent or compromise with an acknowledgment of fault by the
person if the proceeding could have led to any of the
outcomes specified in subparagraph (A), (B), or (C).
(2) Each Federal contract and grant awarded to the person
that was terminated in such period due to default.
(3) Each Federal suspension and debarment of the person in
that period.
(4) Each Federal administrative agreement entered into by
the person and the Federal Government in that period to
resolve a suspension or debarment proceeding.
(5) Each final finding by a Federal official in that period
that the person has been determined not to be a responsible
source under subparagraph (C) or (D) of section 4(7) of the
Office of Federal Procurement Policy Act (41 U.S.C. 403(7)).
(6) Such other information as shall be provided for
purposes of this section in the Federal Acquisition
Regulation.
(7) To the maximum extent practical, information similar to
the information covered by paragraphs (1) through (4) in
connection with the award or performance of a contract or
grant with a State government.
(d) Requirements Relating to Information in Database.--
(1) Direct input and update.--The Administrator shall
design and maintain the database in a manner that allows the
appropriate Federal agency officials to directly input and
update information in the database relating to actions such
officials have taken with regard to contractors or grant
recipients.
(2) Timeliness and accuracy.--The Administrator shall
develop policies to require--
(A) the timely and accurate input of information into the
database;
(B) the timely notification of any covered person when
information relevant to the person is entered into the
database; and
(C) opportunities for any covered person to submit comments
pertaining to information about such person for inclusion in
the database.
(e) Use of Database.--
(1) Availability to government officials.--The
Administrator shall ensure that the information in the
database is available to appropriate acquisition officials of
Federal agencies, to such other government officials as the
Administrator determines appropriate, and, upon request, to
the Chairman and Ranking Member of the committees of Congress
having jurisdiction.
(2) Review and assessment of data.--
(A) In general.--Before awarding a contract or grant in
excess of the simplified acquisition threshold under section
4(11) of the Office of Federal Procurement Policy Act (41
U.S.C. 403(11)), the Federal agency official responsible for
awarding the contract or grant shall review the database and
shall consider all information in the database with regard to
any offer or proposal, and, in the case of a contract, shall
consider other past performance information available with
respect to the offeror in making any responsibility
determination or past performance evaluation for such
offeror.
(B) Documentation in contract file.--The contract file for
each contract of a Federal agency in excess of the simplified
acquisition threshold shall document the manner in which the
material in the database was considered in any responsibility
determination or past performance evaluation.
(f) Disclosure in Applications.--Not later than one year
after the date of the enactment of this Act, the Federal
Acquisition Regulation shall be amended to require that
persons with Federal agency contracts and grants valued in
total greater than $10,000,000 shall--
(1) submit to the Administrator, in a manner determined
appropriate by the Administrator, the information subject to
inclusion in the database as listed in subsection (c) current
as of the date of submittal of such information under this
subsection; and
(2) update such information on a semiannual basis.
(g) Rulemaking.--The Administrator shall promulgate such
regulations as may be necessary to carry out this section.
SEC. 873. ROLE OF INTERAGENCY COMMITTEE ON DEBARMENT AND
SUSPENSION.
(a) Requirement.--The Interagency Committee on Debarment
and Suspension shall--
(1) resolve issues regarding which of several Federal
agencies is the lead agency having responsibility to initiate
suspension or debarment proceedings;
(2) coordinate actions among interested agencies with
respect to such action;
(3) encourage and assist Federal agencies in entering into
cooperative efforts to pool resources and achieve operational
efficiencies in the Governmentwide suspension and debarment
system;
(4) recommend to the Office of Management and Budget
changes to Government suspension and debarment system and its
rules, if such recommendations are approved by a majority of
the Interagency Committee;
(5) authorize the Office of Management and Budget to issue
guidelines that implement those recommendations;
(6) authorize the chair of the Committee to establish
subcommittees as appropriate to best enable the Interagency
Committee to carry out its functions; and
(7) submit to Congress an annual report on--
(A) the progress and efforts to improve the suspension and
debarment system;
(B) member agencies' active participation in the
committee's work; and
(C) a summary of each agency's activities and
accomplishments in the Governmentwide debarment system.
(b) Definition.--The term ``Interagency Committee on
Debarment and Suspension'' means such committee constituted
under sections 4 and 5 and of Executive Order No. 12549.
SEC. 874. IMPROVEMENTS TO THE FEDERAL PROCUREMENT DATA
SYSTEM.
(a) Enhanced Transparency on Interagency Contracting and
Other Transactions.--Not later than one year after the date
of the enactment of this Act, the Director of the Office of
Management and Budget shall direct appropriate revisions to
the Federal Procurement Data System or any successor system
to facilitate the collection of complete, timely, and
reliable data on interagency contracting actions and on
transactions other than contracts, grants, and cooperative
agreements issued pursuant to section 2371 of title 10,
United States Code, or similar authorities. The Director
shall ensure that data, consistent with what is collected for
contract actions, is obtained on--
(1) interagency contracting actions, including data at the
task or delivery-order level; and
(2) other transactions, including the initial award and any
subsequent modifications awarded or orders issued (other than
transactions that are reported through the Federal Assistance
Awards Data System).
(b) Amendment.--Subsection (d) of section 19 of the Office
of Federal Procurement Policy Act (41 U.S.C. 417(d)) is
amended to read as follows:
``(d) Transmission and Data Entry of Information.--The head
of each executive agency shall ensure the accuracy of the
information included in the record established and maintained
by such agency under subsection (a) and shall transmit in a
timely manner such information to the General Services
Administration for entry into the Federal Procurement Data
System referred to in section 6(d)(4), or any successor
system.''.
(c) Report to Congress.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the Administrator of
General Services shall submit to Congress a report.
(2) Contents of report.--The report shall contain the
following:
(A) A list of all databases that include information about
Federal contracting and Federal grants.
(B) Recommendations for further legislation or
administrative action that the Administrator considers
appropriate to create a centralized, comprehensive Federal
contracting and Federal grant database.
Subtitle H--Other Matters
SEC. 881. EXPANSION OF AUTHORITY TO RETAIN FEES FROM
LICENSING OF INTELLECTUAL PROPERTY.
Section 2260 of title 10, United States Code, is amended--
(1) in subsection (a), by inserting ``or the Secretary of
Homeland Security'' after ``Secretary of Defense''; and
(2) in subsection (f)--
(A) by striking ``(f) Definitions.--In this section, the''
and inserting the following:
[[Page 20868]]
``(f) Definitions.--In this section:
``(1) The''; and
(B) by adding at the end the following new paragraph:
``(2) The term `Secretary concerned' has the meaning
provided in section 101(a)(9) of this title and also
includes--
``(A) the Secretary of Defense, with respect to matters
concerning the Defense Agencies and Department of Defense
Field Activities; and
``(B) the Secretary of Homeland Security, with respect to
matters concerning the Coast Guard when it is not operating
as a service in the Department of the Navy.''.
SEC. 882. REPORT ON MARKET RESEARCH.
Not later than October 1, 2009, the Secretary of Defense
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the
implementation of section 826 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181;
10 U.S.C. 2377 note) and the amendments made by that section.
The report shall address--
(1) actions taken by the Department of Defense to implement
the amendments made by section 826(a) of such Act to section
2377 of title 10, United States Code, with a particular focus
on--
(A) the guidance issued by the Department on the
performance of market research;
(B) the market research being performed pursuant to such
guidance; and
(C) the results of such guidance and market research;
(2) training tools the Secretary of Defense has developed
to assist contracting officials in performing market research
in accordance with section 826(b) of such Act;
(3) actions the Department of Defense intends to take to
further implement such section 826 and the amendments made by
that section, including dissemination of best practices and
corrective actions where necessary; and
(4) such other matters as the Secretary considers
appropriate.
SEC. 883. REPORT RELATING TO MUNITIONS.
Not later than March 1, 2009, the Secretary of Defense
shall submit to the congressional defense committees a report
detailing how 60mm and 81mm munitions used by the Armed
Forces are procured, including, where relevant, an
explanation of the decision to procure such munitions from
non-domestic sources and the justification for awarding
contracts to non-domestic sources.
SEC. 884. MOTOR CARRIER FUEL SURCHARGES.
(a) Pass Through to Cost Bearer.--The Secretary of Defense
shall take appropriate actions to ensure that, to the maximum
extent practicable, in all carriage contracts in which a
fuel-related adjustment is provided for, any fuel-related
adjustment is passed through to the person who bears the cost
of the fuel that the adjustment relates to.
(b) Use of Contract Clause.--The actions taken by the
Secretary under subsection (a) shall include the insertion of
a contract clause, with appropriate flow-down requirements,
into all contracts with motor carriers, brokers, or freight
forwarders providing or arranging truck transportation or
services in which a fuel-related adjustment is provided for.
(c) Disclosure.--The Secretary shall publicly disclose any
decision by the Department of Defense to pay fuel-related
adjustments under contracts (or a category of contracts)
covered by this section.
(d) Report.--Not later than 270 days after the date of the
enactment of this Act, the Secretary shall submit to the
committees on Armed Services of the Senate and the House of
Representatives a report on the actions taken in accordance
with the requirements of subsection (a).
SEC. 885. PROCUREMENT BY STATE AND LOCAL GOVERNMENTS OF
EQUIPMENT FOR HOMELAND SECURITY AND EMERGENCY
RESPONSE ACTIVITIES THROUGH THE DEPARTMENT OF
DEFENSE.
(a) Expansion of Procurement Authority to Include Equipment
for Homeland Security and Emergency Response Activities.--
(1) Procedures.--Subsection (a)(1) of section 381 of title
10, United States Code, is amended--
(A) in subsection (a)(1)--
(i) in the matter preceding subparagraph (A)--
(I) by striking ``law enforcement''; and
(II) by inserting ``, homeland security, and emergency
response'' after ``counter-drug'';
(ii) in subparagraph (A)--
(I) in the matter preceding clause (i), by inserting ``,
homeland security, or emergency response'' after ``counter-
drug''; and
(II) in clause (i), by striking ``law enforcement'';
(iii) in subparagraph (C), by striking ``law enforcement''
each place it appears; and
(iv) in subparagraph (D), by striking ``law enforcement''.
(2) GSA catalog.--Subsection (c) of such section is
amended--
(A) by striking ``law enforcement''; and
(B) by inserting ``, homeland security, and emergency
response'' after ``counter-drug''.
(3) Definitions.--Subsection (d) of such section is
amended--
(A) in paragraph (2), by inserting ``or emergency
response'' after ``law enforcement'' both places it appears;
and
(B) in paragraph (3)--
(i) by striking ``law enforcement'';
(ii) by inserting ``, homeland security, and emergency
response'' after ``counter-drug''; and
(iii) by inserting ``and, in the case of equipment for
homeland security activities, may not include any equipment
that is not found on the Authorized Equipment List published
by the Department of Homeland Security'' after ``purposes''.
(b) Clerical Amendments.--
(1) Heading amendment.--The heading of such section is
amended to read as follows:
``Sec. 381. Procurement of equipment by State and local
governments through the Department of Defense: equipment
for counter-drug, homeland security, and emergency response
activities''.
(2) Table of sections.--The table of sections at the
beginning of chapter 18 of such title is amended by striking
the item relating to section 381 and inserting the following
new item:
``381. Procurement of equipment by State and local governments through
the Department of Defense: equipment for counter-drug,
homeland security, and emergency response activities.''.
SEC. 886. REVIEW OF IMPACT OF COVERED SUBSIDIES ON
ACQUISITION OF KC-45 AIRCRAFT.
(a) Review of Covered Subsidies Required.--The Secretary of
Defense, not later than 10 days after a ruling by the World
Trade Organization that the United States, the European
Union, or any political entity within the United States or
the European Union, has provided a covered subsidy to a
manufacturer of large commercial aircraft, shall begin a
review, as described in subsection (b), of the impact of such
covered subsidy on the source selection for the KC-45 Aerial
Refueling Aircraft Program.
(b) Performance of the Review.--In performing the review
required by subsection (a), the Secretary of Defense shall
consult with experts within the Department of Defense, the
Office of Management and Budget, the Office of the United
States Trade Representative, and other agencies and offices
of the Federal Government, and with such other experts
outside the Government as the Secretary considers
appropriate, on the potential impact of a covered subsidy on
the source selection process for the KC-45 Aerial Refueling
Aircraft Program.
(c) Completion of Review.--The Secretary of Defense shall
complete the review required by subsection (a) not later than
90 days after the World Trade Organization has completed
ruling on all cases involving the allegation of a covered
subsidy provided to a manufacturer of large commercial
aircraft pending at the World Trade Organization as of the
date of the enactment of this Act.
(d) Report on Review.--Not later than 30 days after the
completion of the review required by subsection (a), the
Secretary of Defense shall provide a report to the
congressional defense committees on the findings of the
review, together with any recommendations the Secretary
considers appropriate.
(e) Definitions.--In this section:
(1) The term ``covered subsidy'' means a subsidy found to
constitute a violation of the Agreement on Subsidies and
Countervailing Measures.
(2) The term ``Agreement on Subsidies and Countervailing
Measures'' means the agreement described in section
101(d)(12) of the Uruguay Round Agreements Act (19 U.S.C.
3511(d)(12)).
(3) The term ``source selection'', with respect to a
program of the Department of Defense, means the selection,
through the use of competitive procedures or such other
procurement procedures as may be applicable, of a contractor
to perform a contract to carry out the program.
SEC. 887. REPORT ON THE IMPLEMENTATION OF EARNED VALUE
MANAGEMENT AT THE DEPARTMENT OF DEFENSE.
(a) In General.--The Secretary of Defense shall prepare a
report on the implementation by the Department of Defense of
earned value management. The report shall include, at a
minimum, the following:
(1) A discussion of the regulations and guidance of the
Department applicable to the use and implementation of earned
value management.
(2) A discussion of the relative value of earned value
management as a tool for program managers and senior
Department officials.
(3) A discussion of specific challenges the Department
faces in successfully using earned value management because
of the nature of the culture, history, systems, and
activities of the Department, particularly with regard to
requirements and funding instability.
(4) A discussion of the methodology of the Department for
earned value management implementation, including data
quality issues, training, and information technology systems
used to integrate and transmit earned value management data.
(5) An evaluation of the accuracy of the earned value
management data provided by vendors to the Federal Government
concerning acquisition categories I and II programs, with a
discussion of the impact of this data on the ability of the
Department to achieve program objectives.
[[Page 20869]]
(6) A description of the criteria used by the Department to
evaluate the success of earned value management in delivering
program objectives, with illustrative data and examples
covering not less than three years.
(7) Recommendations for improving earned value management
and its implementation within the Department, including a
discussion of the merits of possible alternatives.
(b) Submission of Report.--Not later than 270 days after
the date of the enactment of this Act, the Secretary of
Defense shall submit the report required by subsection (a) to
the Committees on Armed Services of the Senate and of the
House of Representatives.
(c) Definition.--In this section, the term ``earned value
management'' has the meaning given that term in section 300
of part 7 of Office of Management and Budget Circular A-11 as
published in June 2008.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
Sec. 901. Plan required for personnel management of special operations
forces.
Sec. 902. Director of Operational Energy Plans and Programs.
Sec. 903. Corrosion control and prevention executives for the military
departments.
Sec. 904. Participation of Deputy Chief Management Officer of the
Department of Defense on Defense Business System
Management Committee.
Sec. 905. Modification of status of Assistant to the Secretary of
Defense for Nuclear and Chemical and Biological Defense
Programs.
Sec. 906. Requirement for the Secretary of Defense to prepare a
strategic plan to enhance the role of the National Guard
and Reserves.
Sec. 907. General Counsel to the Inspector General of the Department of
Defense.
Sec. 908. Business transformation initiatives for the military
departments.
Subtitle B--Space Activities
Sec. 911. Extension of authority for pilot program for provision of
space surveillance network services to entities outside
United States Government.
Sec. 912. Investment and acquisition strategy for commercial satellite
capabilities.
Sec. 913. Space posture review.
Subtitle C--Chemical Demilitarization Program
Sec. 921. Responsibilities for Chemical Demilitarization Citizens'
Advisory Commissions in Colorado and Kentucky.
Sec. 922. Cost-benefit analysis of future treatment of hydrolysate at
Pueblo Chemical Depot, Colorado.
Subtitle D--Intelligence-Related Matters
Sec. 931. Technical changes following the redesignation of National
Imagery and Mapping Agency as National Geospatial-
Intelligence Agency.
Sec. 932. Technical amendments to title 10, United States Code, arising
from enactment of the Intelligence Reform and Terrorism
Prevention Act of 2004.
Sec. 933. Technical amendments relating to the Associate Director of
the CIA for Military Affairs.
Subtitle E--Other Matters
Sec. 941. Enhancement of authorities relating to Department of Defense
regional centers for security studies.
Sec. 942. Restriction on obligation of funds for United States Southern
Command development assistance activities.
Sec. 943. Authorization of non-conventional assisted recovery
capabilities.
Sec. 944. Report on homeland defense and civil support issues.
Sec. 945. Report on National Guard resource requirements.
Subtitle A--Department of Defense Management
SEC. 901. PLAN REQUIRED FOR PERSONNEL MANAGEMENT OF SPECIAL
OPERATIONS FORCES.
(a) Requirement for Plan.--The commander of the special
operations command, in consultation with the secretaries of
the military departments, shall prepare and submit to the
Secretary of Defense a plan relating to personnel management
of special operations forces.
(b) Matters Covered.--The plan under subsection (a) shall
address the following:
(1) Coordination among the military departments in order to
enhance the manpower management and improve overall readiness
of special operations forces.
(2) Coordination by the commander of the special operations
command with the Secretaries of the military departments in
order to better execute his responsibility to maintain
readiness of special operations forces, including in the
areas of accessions, assignments, compensation, promotions,
professional development, retention, sustainment, and
training.
(c) Submission of Plan to Congressional Defense
Committees.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
the plan required under subsection (a) to the congressional
defense committees, together with such additional comments as
the Secretary and the Chairman of the Joint Chiefs of Staff
consider appropriate.
SEC. 902. DIRECTOR OF OPERATIONAL ENERGY PLANS AND PROGRAMS.
(a) Establishment of Position; Duties.--Chapter 4 of title
10, United States Code, is amended by inserting after section
139a the following new section:
``Sec. 139b. Director of Operational Energy Plans and
Programs
``(a) Appointment.--There is a Director of Operational
Energy Plans and Programs in the Department of Defense (in
this section referred to as the `Director'), appointed by the
President, by and with the advice and consent of the Senate.
The Director shall be appointed without regard to political
affiliation and solely on the basis of fitness to perform the
duties of the office of Director.
``(b) Duties.--The Director shall--
``(1) provide leadership and facilitate communication
regarding, and conduct oversight to manage and be accountable
for, operational energy plans and programs within the
Department of Defense and the Army, Navy, Air Force, and
Marine Corps;
``(2) establish the operational energy strategy;
``(3) coordinate and oversee planning and program
activities of the Department of Defense and the Army, Navy,
Air Force, and the Marine Corps related to--
``(A) implementation of the operational energy strategy;
``(B) the consideration of operational energy demands in
defense planning, requirements, and acquisition processes;
and
``(C) research and development investments related to
operational energy demand and supply technologies; and
``(4) monitor and review all operational energy initiatives
in the Department of Defense.
``(c) Principal Advisor for Operational Energy Plans and
Programs.--(1) The Director is the principal adviser to the
Secretary of Defense and the Deputy Secretary of Defense
regarding operational energy plans and programs and the
principal policy official within the senior management of the
Department of Defense regarding operational energy plans and
programs.
``(2) The Director may communicate views on matters related
to operational energy plans and programs and the operational
energy strategy required by subsection (d) directly to the
Secretary of Defense and the Deputy Secretary of Defense
without obtaining the approval or concurrence of any other
official within the Department of Defense.
``(d) Operational Energy Strategy.--(1) The Director shall
be responsible for the establishment and maintenance of a
department-wide transformational strategy for operational
energy. The strategy shall establish near-term, mid-term, and
long-term goals, performance metrics to measure progress in
meeting the goals, and a plan for implementation of the
strategy within the military departments, the Office of the
Secretary of Defense, and Defense Agencies.
``(2) Not later than 90 days after the date on which the
Director is first appointed, the Secretary of each of the
military departments shall designate a senior official within
each armed force under the jurisdiction of the Secretary who
will be responsible for operational energy plans and programs
for that armed force. The officials shall be responsible for
coordinating with the Director and implementing initiatives
pursuant to the strategy with regard to that official's armed
force.
``(3) By authority of the Secretary of Defense, the
Director shall prescribe policies and procedures for the
implementation of the strategy. The Director shall provide
guidance to, and consult with, the Secretary of Defense, the
Deputy Secretary of Defense, the Secretaries of the military
departments, and the officials designated under paragraph (2)
with respect to specific operational energy plans and
programs to be carried out pursuant to the strategy.
``(4) The initial strategy shall be submitted to the
congressional defense committees not later than 180 days
after the date on which the Director is first appointed.
Subsequent updates to the strategy shall be submitted to the
congressional defense committees as soon as practicable after
the modifications to the strategy are made.
``(e) Budgetary and Financial Matters.--(1) The Director
shall review and make recommendations to the Secretary of
Defense regarding all budgetary and financial matters
relating to the operational energy strategy.
``(2) The Secretary of Defense shall require that the
Secretary of each military department and the head of each
Defense Agency with responsibility for executing activities
associated with the strategy transmit their proposed budget
for those activities for a fiscal year to the Director for
review before submission of the proposed budget to the Under
Secretary of Defense (Comptroller).
``(3) The Director shall review a proposed budget
transmitted under paragraph (2) for a
[[Page 20870]]
fiscal year and, not later than January 31 of the preceding
fiscal year, shall submit to the Secretary of Defense a
report containing the comments of the Director with respect
to the proposed budget, together with the certification of
the Director regarding whether the proposed budget is
adequate for implementation of the strategy.
``(4) Not later than 10 days after the date on which the
budget for a fiscal year is submitted to Congress pursuant to
section 1105 of title 31, the Secretary of Defense shall
submit to Congress a report on the proposed budgets for that
fiscal year that the Director has not certified under
paragraph (3). The report shall include the following:
``(A) A discussion of the actions that the Secretary
proposes to take, together with any recommended legislation
that the Secretary considers appropriate, to address the
inadequacy of the proposed budgets.
``(B) Any additional comments that the Secretary considers
appropriate regarding the inadequacy of the proposed budgets.
``(5) The report required by paragraph (4) shall also
include a separate statement of estimated expenditures and
requested appropriations for that fiscal year for the
activities of the Director in carrying out the duties of the
Director.
``(f) Access to Initiative Results and Records.--(1) The
Secretary of a military department shall submit to the
Director the results of all studies and initiatives conducted
by the military department in connection with the operational
energy strategy.
``(2) The Director shall have access to all records and
data in the Department of Defense (including the records and
data of each military department) necessary in order to
permit the Director to carry out the duties of the Director.
``(g) Staff.--The Director shall have a dedicated
professional staff of military and civilian personnel in a
number sufficient to enable the Director to carry out the
duties and responsibilities of the Director.
``(h) Definitions.--In this section:
``(1) Operational energy.--The term `operational energy'
means the energy required for training, moving, and
sustaining military forces and weapons platforms for military
operations. The term includes energy used by tactical power
systems and generators and weapons platforms.
``(2) Operational energy strategy.--The terms `operational
energy strategy' and `strategy' mean the operational energy
strategy developed under subsection (d).''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 139a the following new item:
``139b. Director of Operational Energy Plans and Programs.''.
SEC. 903. CORROSION CONTROL AND PREVENTION EXECUTIVES FOR THE
MILITARY DEPARTMENTS.
(a) Requirement to Designate Corrosion Control and
Prevention Executive.--Not later than 90 days after the date
of the enactment of this Act, the Assistant Secretary of each
military department with responsibility for acquisition,
technology, and logistics shall designate an employee of the
military department as the corrosion control and prevention
executive. Such executive shall be the senior official in the
department with responsibility for coordinating department-
level corrosion control and prevention program activities
(including budget programming) with the military department
and the Office of the Secretary of Defense, the program
executive officers of the military departments, and relevant
major subordinate commands of the military departments.
(b) Duties.--(1) The corrosion control and prevention
executive of a military department shall ensure that
corrosion control and prevention is maintained in the
department's policy and guidance for management of each of
the following:
(A) System acquisition and production, including design and
maintenance.
(B) Research, development, test, and evaluation programs
and activities.
(C) Equipment standardization programs, including
international standardization agreements.
(D) Logistics research and development initiatives.
(E) Logistics support analysis as it relates to integrated
logistic support in the materiel acquisition process.
(F) Military infrastructure design, construction, and
maintenance.
(2) The corrosion control and prevention executive of a
military department shall be responsible for identifying the
funding levels necessary to accomplish the items listed in
subparagraphs (A) through (F) of paragraph (1).
(3) The corrosion control and prevention executive of a
military department shall, in cooperation with the
appropriate staff of the department, develop, support, and
provide the rationale for resources--
(A) to initiate and sustain an effective corrosion control
and prevention program in the department;
(B) to evaluate the program's effectiveness; and
(C) to ensure that corrosion control and prevention
requirements for materiel are reflected in budgeting and
policies of the department for the formulation, management,
and evaluation of personnel and programs for the entire
department, including its reserve components.
(4) The corrosion control and prevention executive of a
military department shall be the principal point of contact
of the department to the Director of Corrosion Policy and
Oversight (as assigned under section 2228 of title 10, United
States Code).
(5) The corrosion control and prevention executive of a
military department shall submit an annual report, not later
than December 31 of each year, to the Secretary of Defense
containing recommendations pertaining to the corrosion
control and prevention program of the military department,
including corrosion-related funding levels to carry out all
of the duties of the executive under this section.
SEC. 904. PARTICIPATION OF DEPUTY CHIEF MANAGEMENT OFFICER OF
THE DEPARTMENT OF DEFENSE ON DEFENSE BUSINESS
SYSTEM MANAGEMENT COMMITTEE.
(a) Participation.--Subsection (a) of section 186 of title
10, United States Code, is amended--
(1) by redesignating paragraphs (2) through (7) as
paragraphs (3) through (8), respectively;
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The Deputy Chief Management Officer of the Department
of Defense.''; and
(3) by striking paragraph (7), as redesignated by paragraph
(1), and inserting the following new paragraph:
``(7) The Chief Management Officers of the military
departments and the heads of such Defense Agencies as may be
designated by the Secretary of Defense.''.
(b) Service as Vice Chairman.--The second sentence of
subsection (b) of such section is amended to read as follows:
``The Deputy Chief Management Officer of the Department of
Defense shall serve as the vice chairman of the Committee,
and shall act as chairman in the absence of the Deputy
Secretary of Defense.''.
SEC. 905. MODIFICATION OF STATUS OF ASSISTANT TO THE
SECRETARY OF DEFENSE FOR NUCLEAR AND CHEMICAL
AND BIOLOGICAL DEFENSE PROGRAMS.
Section 142 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(c) The Assistant to the Secretary shall be considered an
Assistant Secretary of Defense for purposes of section 138(d)
of this title.''.
SEC. 906. REQUIREMENT FOR THE SECRETARY OF DEFENSE TO PREPARE
A STRATEGIC PLAN TO ENHANCE THE ROLE OF THE
NATIONAL GUARD AND RESERVES.
(a) Plan.--Not later than April 1, 2009, the Secretary of
Defense shall prepare a plan for enhancing the roles of the
National Guard and Reserve--
(1) when federalized in the case of the National Guard, or
activated in the case of the Reserves, in support of
operations conducted under title 10, United States Code,
including the transition of the reserve component of the
Armed Forces from a strategic force to an operational
reserve;
(2) in support of operations conducted under title 32,
United States Code, or in support to civil authorities; and
(3) with respect to the achievement of a fully-integrated
total force (including further development of a continuum of
service).
(b) Consultation.--In preparing the plan under subsection
(a), the Secretary of Defense shall take into consideration
the advice of the Chairman of the Joint Chiefs of Staff, the
Secretary and Chief of Staff of the Army, the Secretary and
Chief of Staff of the Air Force, the commander of the United
States Northern Command, the Chief of the National Guard
Bureau, and other appropriate officials, as determined by the
Secretary of Defense.
(c) Matters to Be Assessed.--In preparing the plan, the
Secretary shall assess--
(1) the findings, conclusions, and recommendations of the
Final Report to Congress and the Secretary of Defense of the
Commission on the National Guard and Reserves, dated January
31, 2008, and titled ``Transforming the National Guard and
Reserves into a 21st-Century Operational Force''; and
(2) the provisions of H.R. 5603 and S. 2706 of the 110th
Congress, as introduced on March 13, 2008 (the National Guard
Empowerment and State-National Defense Integration Act of
2008).
(d) Report.--Not later than April 1, 2009, the Secretary of
Defense shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the
plan required under this section. The report shall include
recommendations on--
(1) any changes to the current Department of Defense
organization, structure, command relationships, budget
authority, procurement authority, and compensation and
benefits;
(2) any legislation that the Secretary considers necessary;
and
(3) any other matter the Secretary considers appropriate.
[[Page 20871]]
SEC. 907. GENERAL COUNSEL TO THE INSPECTOR GENERAL OF THE
DEPARTMENT OF DEFENSE.
Section 8 of the Inspector General Act of 1978 (50 U.S.C.
App. 8) is amended by adding at the end the following new
subsection:
``(h)(1) There is a General Counsel to the Inspector
General of the Department of Defense, who shall be appointed
by the Inspector General of the Department of Defense.
``(2)(A) Notwithstanding section 140(b) of title 10, United
States Code, the General Counsel is the chief legal officer
of the Office of the Inspector General.
``(B) The Inspector General is the exclusive legal client
of the General Counsel.
``(C) The General Counsel shall perform such functions as
the Inspector General may prescribe.
``(D) The General Counsel shall serve at the discretion of
the Inspector General.
``(3) There is an Office of the General Counsel to the
Inspector General of the Department of Defense. The Inspector
General may appoint to the Office to serve as staff of the
General Counsel such legal counsel as the Inspector General
considers appropriate.''.
SEC. 908. BUSINESS TRANSFORMATION INITIATIVES FOR THE
MILITARY DEPARTMENTS.
(a) In General.--The Secretary of each military department
shall, acting through the Chief Management Officer of such
military department, carry out an initiative for the business
transformation of such military department.
(b) Objectives.--The objectives of the business
transformation initiative of a military department under this
section shall include, at a minimum, the following:
(1) The development of a comprehensive business
transformation plan, with measurable performance goals and
objectives, to achieve an integrated management system for
the business operations of the military department.
(2) The development of a well-defined enterprise-wide
business systems architecture and transition plan
encompassing end-to-end business processes and capable of
providing accurately and timely information in support of
business decisions of the military department.
(3) The implementation of the business transformation plan
developed pursuant to paragraph (1) and the business systems
architecture and transition plan developed pursuant to
paragraph (2).
(c) Business Transformation Offices.--
(1) Establishment.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of each military
department shall establish within such military department an
office (to be known as the ``Office of Business
Transformation'' of such military department) to assist the
Chief Management Officer of such military department in
carrying out the initiative required by this section for such
military department.
(2) Head.--The Office of Business Transformation of a
military department under this subsection shall be headed by
a Director of Business Transformation, who shall be appointed
by the Chief Management Officer of the military department,
in consultation with the Director of the Business
Transformation Agency of the Department of Defense, from
among individuals with significant experience managing large-
scale organizations or business transformation efforts.
(3) Supervision.--The Director of Business Transformation
of a military department under paragraph (2) shall report
directly to the Chief Management Officer of the military
department, subject to policy guidance from the Director of
the Business Transformation Agency of the Department of
Defense.
(4) Authority.--In carrying out the initiative required by
this section for a military department, the Director of
Business Transformation of the military department under
paragraph (2) shall have the authority to require elements of
the military department to carry out actions that are within
the purpose and scope of the initiative.
(d) Responsibilities of Business Transformation Offices.--
The Office of Business Transformation of a military
department established pursuant to subsection (b) may be
responsible for the following:
(1) Transforming the budget, finance, accounting, and human
resource operations of the military department in a manner
that is consistent with the business transformation plan
developed pursuant to subsection (b)(1).
(2) Eliminating or replacing financial management systems
of the military department that are inconsistent with the
business systems architecture and transition plan developed
pursuant to subsection (b)(2).
(3) Ensuring that the business transformation plan and the
business systems architecture and transition plan are
implemented in a manner that is aggressive, realistic, and
accurately measured.
(4) Such other responsibilities as the Secretary of that
military department determines are appropriate.
(e) Required Elements.--In carrying out the initiative
required by this section for a military department, the Chief
Management Officer and the Director of Business
Transformation of the military department shall ensure that
each element of the initiative is consistent with--
(1) the requirements of the Business Enterprise
Architecture and Transition Plan developed by the Secretary
of Defense pursuant to section 2222 of title 10, United
States Code;
(2) the Standard Financial Information Structure of the
Department of Defense;
(3) the Federal Financial Management Improvement Act of
1996 (and the amendments made by that Act); and
(4) other applicable requirements of law and regulation.
(f) Reports on Implementation.--
(1) Initial reports.--Not later than nine months after the
date of the enactment of this Act, the Chief Management
Officer of each military department shall submit to the
congressional defense committees a report on the actions
taken, and on the actions planned to be taken, by such
military department to implement the requirements of this
section.
(2) Updates.--Not later than March 1 of each of 2010, 2011,
and 2012, the Chief Management Officer of each military
department shall submit to the congressional defense
committees a current update of the report submitted by such
Chief Management Officer under paragraph (1).
Subtitle B--Space Activities
SEC. 911. EXTENSION OF AUTHORITY FOR PILOT PROGRAM FOR
PROVISION OF SPACE SURVEILLANCE NETWORK
SERVICES TO ENTITIES OUTSIDE UNITED STATES
GOVERNMENT.
Section 2274(i) of title 10, United States Code, is amended
by striking ``September 30, 2009'' and inserting ``September
30, 2010''.
SEC. 912. INVESTMENT AND ACQUISITION STRATEGY FOR COMMERCIAL
SATELLITE CAPABILITIES.
(a) Requirement.--The Secretary of Defense shall conduct an
assessment to determine a recommended investment and
acquisition strategy for commercial satellite capabilities.
(b) Elements.--The assessment required under subsection (a)
shall include the following:
(1) Review of national and defense policy relevant to the
requirements for, acquisition of, and use of commercial
satellite capabilities, and the relationship with commercial
satellite providers.
(2) Assessment of the manner in which commercial satellite
capabilities are used by the Department of Defense and
options for expanding such use or identifying new means to
leverage commercial satellite capabilities, such as hosting
payloads.
(3) Review of military requirements for satellite
communications and remote sensing by quantity, quality,
timeline, and any other metric considered appropriate.
(4) Description of current and planned commercial satellite
capabilities and an assessment of their ability to meet the
requirements identified in paragraph (3).
(5) Assessment of the ability of commercial satellite
capabilities to meet other military requirements not
identified in paragraph (3).
(6) Description of the use of and resources allocated to
commercial satellite communications and remote sensing needed
to meet the requirements identified in paragraph (3) during--
(A) the five-year period preceding the date of the
assessment;
(B) the period from the date of the assessment through the
fiscal years covered under the future-years defense program
under section 221 of title 10, United States Code; and
(C) the period beyond the fiscal years covered under the
future-years defense program under such section 221.
(7) Assessment of purchasing patterns that may lead to
recommendations in which the Department may consolidate
requirements, centralize operations, aggregate purchases, or
leverage purchasing power (including the use of multiyear
contracting).
(8) Assessment of various models for acquiring commercial
satellite capabilities, including funding, management, and
operations models.
(c) Report.--
(1) In general.--Not later than February 1, 2010, the
Secretary of Defense shall submit to the congressional
defense committees a report setting forth the results of the
assessment required under subsection (a) and provide
recommendations, including--
(A) the recommended investment and acquisition strategy of
the Department for commercial satellite capabilities;
(B) how the investment and acquisition strategy should be
addressed in fiscal years after fiscal year 2010; and
(C) a proposal for such legislative action as the Secretary
considers necessary to acquire appropriate types and amounts
of commercial satellite capabilities.
(2) Form.--The report shall be in unclassified form, but
may include a classified annex.
(d) Definitions.--In this section:
(1) The term ``commercial satellite capabilities'' means
the system, capability, or service provided by a commercial
satellite provider.
(2) The term ``commercial satellite provider'' refers to
privately owned and operated space systems, their technology,
components, products, data, services, and related
information, as well as foreign systems whose products and
services are sold commercially.
[[Page 20872]]
SEC. 913. SPACE POSTURE REVIEW.
(a) Requirement for Comprehensive Review.--In order to
clarify the national security space policy and strategy of
the United States for the near term, the Secretary of Defense
and the Director of National Intelligence shall jointly
conduct a comprehensive review of the space posture of the
United States over the posture review period.
(b) Elements of Review.--The review conducted under
subsection (a) shall include, for the posture review period,
the following:
(1) The definition, policy, requirements, and objectives
for each of the following:
(A) Space situational awareness.
(B) Space control.
(C) Space superiority, including defensive and offensive
counterspace and protection.
(D) Force enhancement and force application.
(E) Space-based intelligence and surveillance and
reconnaissance from space.
(F) Integration of space and ground control and user
equipment.
(G) Any other matter the Secretary considers relevant to
understanding the space posture of the United States.
(2) A description of current and planned space acquisition
programs that are in acquisition categories 1 and 2,
including how each program will address the policy,
requirements, and objectives described under each of
subparagraphs (A) through (G) of paragraph (1).
(3) A description of future space systems and technology
development (other than such systems and technology in
development as of the date of the enactment of this Act)
necessary to address the policy, requirements, and objectives
described under each of subparagraphs (A) through (G) of
paragraph (1).
(4) An assessment of the relationship among the following:
(A) Military space policy.
(B) National security space policy.
(C) National security space objectives.
(D) Arms control policy.
(E) Export control policy.
(F) Industrial base policy.
(5) An assessment of the effect of the military and
national security space policy of the United States on the
proliferation of weapons capable of targeting objects in
space or objects on Earth from space.
(c) Report.--
(1) In general.--Not later than December 1, 2009, the
Secretary of Defense and the Director of National
Intelligence shall jointly submit to the congressional
committees specified in paragraph (3) a report on the review
conducted under subsection (a).
(2) Form of report.--The report under this subsection shall
be submitted in unclassified form, but may include a
classified annex.
(3) Committees.--The congressional committees specified in
this paragraph are--
(A) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.
(d) Posture Review Period Defined.--In this section, the
term ``posture review period'' means the 10-year period
beginning on February 1, 2009.
Subtitle C--Chemical Demilitarization Program
SEC. 921. RESPONSIBILITIES FOR CHEMICAL DEMILITARIZATION
CITIZENS' ADVISORY COMMISSIONS IN COLORADO AND
KENTUCKY.
Section 172 of the National Defense Authorization Act for
Fiscal Year 1993 (50 U.S.C. 1521 note) is amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Colorado and Kentucky Chemical Demilitarization
Citizens' Advisory Commissions.--(1) Notwithstanding
subsections (b), (g), and (h), and consistent with section
142 of the Strom Thurmond National Defense Authorization Act
for Fiscal Year 1999 (50 U.S.C. 1521 note) and section 8122
of the Department of Defense Appropriations Act, 2003 (Public
Law 107-248; 116 Stat. 1566; 50 U.S.C. 1521 note), the
Secretary of the Army shall transfer responsibilities for the
Chemical Demilitarization Citizens' Advisory Commissions in
Colorado and Kentucky to the Program Manager for Assembled
Chemical Weapons Alternatives.
``(2) In carrying out the responsibilities transferred
under paragraph (1), the Program Manager for Assembled
Chemical Weapons Alternatives shall take appropriate actions
to ensure that each Commission referred to in paragraph (1)
retains the capacity to receive citizen and State concerns
regarding the ongoing chemical demilitarization program in
the State concerned.
``(3) A representative of the Office of the Assistant to
the Secretary of Defense for Nuclear, Chemical, and
Biological Defense Programs shall meet with each Commission
referred to in paragraph (1) not less often than twice a
year.
``(4) Funds appropriated for the Assembled Chemical Weapons
Alternatives Program shall be available for travel and
associated travel costs for Commissioners on the Commissions
referred to in paragraph (1) when such travel is conducted at
the invitation of the Special Assistant for Chemical and
Biological Defense and Chemical Demilitarization Programs of
the Department of Defense.''.
SEC. 922. COST-BENEFIT ANALYSIS OF FUTURE TREATMENT OF
HYDROLYSATE AT PUEBLO CHEMICAL DEPOT, COLORADO.
(a) Findings.--Congress makes the following findings:
(1) The Pueblo Chemical Agent Destruction Pilot Plant,
Colorado, is not planned to begin chemical agent destruction
operations until 2015.
(2) There will be no hydrolysate byproduct of chemical
agent neutralization at the Pueblo Chemical Depot, Colorado,
until after chemical agent destruction operations begin.
(3) The Department of Defense has no plans to produce,
treat, store, or transport hydrolysate at the Pueblo Chemical
Depot, Colorado, during fiscal year 2009.
(4) A January 10, 2007, Department of Defense Acquisition
Decision Memorandum requires the Program Manager for the
Assembled Chemical Weapons Alternatives to continue to pursue
off-site treatment and disposal of hydrolysate as long as
doing so would be safe, efficient, and economically
beneficial.
(b) Cost-Benefit Analysis.--The Secretary of Defense shall
perform a cost-benefit analysis of future on-site and off-
site options for treatment and disposal of hydrolysate
expected to be produced at the Pueblo Chemical Depot,
Colorado.
(c) Report.--Together with the budget justification
materials submitted to Congress in support of the Department
of Defense budget for fiscal year 2010 (as submitted with the
budget of the President under section 1105(a) of title 31,
United States Code), the Secretary of Defense shall submit to
the congressional defense committees a report containing the
results of the cost-benefit analysis required by subsection
(b).
(d) Notice and Wait.--After the submission of the report
required by subsection (c), if the Secretary of Defense
decides to transport hydrolysate from Pueblo Chemical Depot,
Colorado, to an off-site location during fiscal year 2009,
the Department shall not commence such transport until 60
days after the Secretary provides written notice to the
congressional defense committees of the Department's intent
to conduct such transport.
Subtitle D--Intelligence-Related Matters
SEC. 931. TECHNICAL CHANGES FOLLOWING THE REDESIGNATION OF
NATIONAL IMAGERY AND MAPPING AGENCY AS NATIONAL
GEOSPATIAL-INTELLIGENCE AGENCY.
(a) Technical Changes to United States Code.--
(1) Title 5.--Title 5, United States Code, is amended by
striking ``National Imagery and Mapping Agency'' each place
it appears and inserting ``National Geospatial-Intelligence
Agency''.
(2) Title 44--Title 44, United States Code, is amended by
striking ``National Imagery and Mapping Agency'' each place
it appears and inserting ``National Geospatial-Intelligence
Agency''.
(b) Technical Changes to Other Acts.--
(1) Ethics in government act of 1978--Section 105(a)(1) of
the Ethics in Government Act of 1978 (Public Law 95-521; 5
U.S.C. App. 4) is amended by striking ``National Imagery and
Mapping Agency'' and inserting ``National Geospatial-
Intelligence Agency''.
(2) Inspector general act of 1978.--Section 8H of the
Inspector General Act of 1978 (Public Law 95-452; 5 U.S.C.
App.) is amended--
(A) in subsection (a)(1)(A), by striking ``National Imagery
and Mapping Agency'' and inserting ``National Geospatial-
Intelligence Agency''; and
(B) in subsection (g)(1), by striking ``National Imagery
and Mapping Agency'' and inserting ``National Geospatial-
Intelligence Agency''.
(3) Employee polygraph protection act of 1988.--Section
7(b)(2)(A)(i) of the Employee Polygraph Protection Act of
1988 (29 U.S.C. 2006(b)(2)(A)(i)) is amended by striking
``National Imagery and Mapping Agency'' and inserting
``National Geospatial-Intelligence Agency''.
(4) Legislative branch appropriations act, 1993.--Section
207(a)(2)(B) of the Legislative Branch Appropriations Act,
1993 (Public Law 102-392; 44 U.S.C. 501 note), is amended by
striking ``National Imagery and Mapping Agency'' and
inserting ``National Geospatial-Intelligence Agency''.
(5) Homeland security act of 2002.--Section 201(e)(2) of
the Homeland Security Act of 2002 (6 U.S.C. 121(e)(2)) is
amended by striking ``National Imagery and Mapping Agency''
and inserting ``National Geospatial-Intelligence Agency''.
SEC. 932. TECHNICAL AMENDMENTS TO TITLE 10, UNITED STATES
CODE, ARISING FROM ENACTMENT OF THE
INTELLIGENCE REFORM AND TERRORISM PREVENTION
ACT OF 2004.
(a) References to Head of Intelligence Community.--Title
10, United States Code, is
[[Page 20873]]
amended by striking ``Director of Central Intelligence'' each
place it appears and inserting ``Director of National
Intelligence'' in the following:
(1) Section 193(d)(2).
(2) Section 193(e).
(3) Section 201(a).
(4) Section 201(b)(1).
(5) Section 201(c)(1).
(6) Section 425(a).
(7) Section 431(b)(1).
(8) Section 441(c).
(9) Section 441(d).
(10) Section 443(d).
(11) Section 2273(b)(1).
(12) Section 2723(a).
(b) Clerical Amendments.--Such title is further amended by
striking ``Director of Central Intelligence'' each place it
appears and inserting ``Director of National Intelligence''
in the following:
(1) Section 441(c).
(2) Section 443(d).
(c) Reference to Head of Central Intelligence Agency.--
Section 444 of such title is amended by striking ``Director
of Central Intelligence'' each place it appears and inserting
``Director of the Central Intelligence Agency''.
SEC. 933. TECHNICAL AMENDMENTS RELATING TO THE ASSOCIATE
DIRECTOR OF THE CIA FOR MILITARY AFFAIRS.
Section 528(c) of title 10, United States Code, is
amended--
(1) in the heading, by striking ``Military Support'' and
inserting ``Military Affairs''; and
(2) by striking ``Military Support'' and inserting
``Military Affairs''.
Subtitle E--Other Matters
SEC. 941. ENHANCEMENT OF AUTHORITIES RELATING TO DEPARTMENT
OF DEFENSE REGIONAL CENTERS FOR SECURITY
STUDIES.
(a) Availability of Funds for Activities Across Fiscal
Years.--
(1) In general.--Section 184(f) of title 10, United States
Code, is amended by adding at the end the following new
paragraph:
``(6) Funds available to carry out this section, including
funds accepted under paragraph (4) and funds available under
paragraph (5), shall be available, to the extent provided in
appropriations Acts, for programs and activities under this
section that begin in a fiscal year and end in the following
fiscal year.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on October 1, 2008, and shall apply with
respect to programs and activities under section 184 of title
10, United States Code (as so amended), that begin on or
after that date.
(b) Temporary Waiver of Reimbursement of Costs of
Activities for Nongovernmental Personnel.--
(1) Authority for temporary waiver.--In fiscal years 2009
and 2010, the Secretary of Defense may, with the concurrence
of the Secretary of State, waive reimbursement otherwise
required under subsection (f) of section 184 of title 10,
United States Code, of the costs of activities of Regional
Centers under such section for personnel of nongovernmental
and international organizations who participate in activities
of the Regional Centers that enhance cooperation of
nongovernmental organizations and international organizations
with United States forces if the Secretary of Defense
determines that attendance of such personnel without
reimbursement is in the national security interests of the
United States.
(2) Limitation.--The amount of reimbursement that may be
waived under paragraph (1) in any fiscal year may not exceed
$1,000,000.
(3) Annual report.--The Secretary of Defense shall include
in the annual report under section 184(h) of title 10, United
States Code, in 2010 and 2011 information on the attendance
of personnel of nongovernmental and international
organizations in activities of the Regional Centers during
the preceding fiscal year for which a waiver of reimbursement
was made under paragraph (1), including information on the
costs incurred by the United States for the participation of
personnel of each nongovernmental or international
organization that so attended.
SEC. 942. RESTRICTION ON OBLIGATION OF FUNDS FOR UNITED
STATES SOUTHERN COMMAND DEVELOPMENT ASSISTANCE
ACTIVITIES.
(a) Report and Certification Required.--Not later than 120
days after the date of the enactment of this Act, the
Secretary of Defense shall submit to the congressional
defense committees a report describing the development
assistance activities carried out by the United States
Southern Command during fiscal year 2008 and planned for
fiscal year 2009 and containing a certification by the
Secretary that such development assistance activities--
(1) will not adversely diminish the ability of the United
States Southern Command or its components to carry out its
combat or military missions;
(2) do not divert resources from funded or unfunded
requirements of the United States Southern Command in
connection with the role of the Department of Defense under
section 124 of title 10, United States Code, as the single
lead agency of the Federal Government for the detection and
monitoring of aerial and maritime transit of illegal drugs
into the United States;
(3) are not unnecessarily duplicative of activities already
conducted or planned to be conducted by any other Federal
department or agency during fiscal year 2009; and
(4) are designed, planned, and conducted to complement
joint training and exercises, host-country capacity building,
or similar activities directly connected to the
responsibilities of the United States Southern Command.
(b) Restriction on Obligation of Funds Pending
Certification.--Of the amounts appropriated pursuant to an
authorization of appropriations in this Act or otherwise made
available for fiscal year 2009 for operation and maintenance
for the United States Southern Command, not more than 90
percent may be obligated or expended until 30 days after the
certification required by subsection (a) is received by the
congressional defense committees.
(c) Development Assistance Activities Defined.--In this
section, the term ``development assistance activities'' means
assistance activities carried out by the United States
Southern Command that are comparable to the assistance
activities carried out by the United States under--
(1) chapters 1, 10, 11, and 12 of part I of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151, 2293, 2295, and 2296
et seq.); and
(2) any other provision of law for purposes comparable to
the purposes for which assistance activities are carried out
under the provisions of law referred to in paragraph (1).
SEC. 943. AUTHORIZATION OF NON-CONVENTIONAL ASSISTED RECOVERY
CAPABILITIES.
(a) Non-Conventional Assisted Recovery Capabilities.--Upon
a determination by a commander of a combatant command that an
action is necessary in connection with a non-conventional
assisted recovery effort, and with the concurrence of the
relevant Chief of Mission or Chiefs of Mission, an amount not
to exceed $20,000,000 of the funds appropriated pursuant to
an authorization of appropriations or otherwise made
available for ``Operation and Maintenance, Navy'' may be used
to establish, develop, and maintain non-conventional assisted
recovery capabilities.
(b) Procedures.--The Secretary of Defense shall establish
procedures for the exercise of the authority under subsection
(a). The Secretary shall notify the congressional defense
committees of those procedures before any exercise of that
authority.
(c) Authorized Activities.--Non-conventional assisted
recovery capabilities authorized under subsection (a) may, in
limited and special circumstances, include the provision of
support to foreign forces, irregular forces, groups, or
individuals in order to facilitate the recovery of Department
of Defense or Coast Guard military or civilian personnel, or
other individuals who, while conducting activities in support
of United States military operations, become separated or
isolated and cannot rejoin their units without the assistance
authorized in subsection (a). Such support may include the
provision of limited amounts of equipment, supplies,
training, transportation, or other logistical support or
funding.
(d) Notice to Congress on Use of Authority.--Upon using the
authority in subsection (a) to make funds available for
support of non-conventional assisted recovery activities, the
Secretary of Defense shall notify the congressional defense
committees within 72 hours of the use of such authority with
respect to support of such activities. Any such notice shall
be in writing.
(e) Annual Report.--Not later than 30 days after the close
of each fiscal year during which subsection (a) is in effect,
the Secretary of Defense shall submit to the congressional
defense committees a report on support provided under that
subsection during that fiscal year. Each such report shall
describe the support provided, including a statement of the
recipient of support and the amount obligated to provide the
support.
(f) Limitation on Intelligence Activities.--This section
does not constitute authority to conduct a covert action, as
such term is defined in section 503(e) of the National
Security Act of 1947 (50 U.S.C. 413b(e)).
(g) Limitation on Foreign Assistance Activities.--This
section does not constitute authority--
(1) to build the capacity of foreign military forces or
provide security and stabilization assistance, as described
in sections 1206 and 1207 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163;
119 Stat. 3456 and 3458), respectively; and
(2) to provide assistance that is otherwise prohibited by
any other provision in law, including any provision of law
relating to the control of exports of defense articles or
defense services.
(h) Period of Authority.--The authority under this section
is in effect during each of the fiscal years 2009 through
2011.
SEC. 944. REPORT ON HOMELAND DEFENSE AND CIVIL SUPPORT
ISSUES.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
on certain homeland defense and civil support issues.
(b) Elements.--The report required under subsection (a)
shall include the following:
[[Page 20874]]
(1) A description of the progress made by the Department of
Defense to address the concerns related to the United States
Northern Command identified in the Comptroller General
reports GAO-08-251 and GAO-08-252, including improved
coordination with other agencies.
(2) A detailed description of the plans and progress made
by the Department of Defense to establish forces assigned the
mission of managing the consequences of an incident in the
United States homeland involving a chemical, biological,
radiological, or nuclear device, or high-yield explosives.
SEC. 945. REPORT ON NATIONAL GUARD RESOURCE REQUIREMENTS.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Chief of the National Guard Bureau
shall submit to the Secretary of Defense a report--
(1) detailing the extent to which the various provisions in
title XVIII of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181) have been effective in
giving the Chief of the National Guard Bureau the authorities
and resources needed to perform the responsibilities and
duties of the Chief; and
(2) assessing the adequacy of Department of Defense funding
for the resource requirements of the National Guard.
(b) Report to Congress.--Not later than 30 days after the
Secretary of Defense receives the report under subsection
(a), the Secretary shall submit to Congress such report,
along with any explanatory comments the Secretary considers
necessary.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. One-time shift of military retirement payments.
Sec. 1003. Management of purchase cards.
Sec. 1004. Codification of recurring authority on United States
contributions to the North Atlantic Treaty Organization
common-funded budgets.
Sec. 1005. Incorporation of funding decisions into law.
Subtitle B--Policy Relating to Vessels and Shipyards
Sec. 1011. Conveyance, Navy drydock, Aransas Pass, Texas.
Sec. 1012. Report on repair of naval vessel in foreign shipyards.
Sec. 1013. Report on plan for disposal of certain vessels stricken from
the Naval Vessel Register.
Sec. 1014. Reimbursement of expenses for certain Navy mess operations.
Sec. 1015. Policy relating to major combatant vessels of the strike
forces of the United States Navy.
Subtitle C--Counter-Drug Activities
Sec. 1021. Extension of reporting requirement regarding Department of
Defense expenditures to support foreign counter-drug
activities.
Sec. 1022. Extension of authority for joint task forces to provide
support to law enforcement agencies conducting counter-
terrorism activities.
Sec. 1023. Extension of authority to support unified counter-drug and
counterterrorism campaign in Colombia and continuation of
numerical limitation on assignment of United States
personnel.
Sec. 1024. Expansion and extension of authority to provide additional
support for counter-drug activities of certain foreign
governments.
Sec. 1025. Comprehensive Department of Defense strategy for counter-
narcotics efforts for United States Africa Command.
Sec. 1026. Comprehensive Department of Defense strategy for counter-
narcotics efforts in South and Central Asian regions.
Subtitle D--Miscellaneous Authorities and Limitations
Sec. 1031. Enhancement of the capacity of the United States Government
to conduct complex operations.
Sec. 1032. Crediting of admiralty claim receipts for damage to property
funded from a Department of Defense working capital fund.
Sec. 1033. Minimum annual purchase requirements for charter air
transportation services from carriers participating in
the Civil Reserve Air Fleet.
Sec. 1034. Semi-annual reports on status of Navy Next Generation
Enterprise Networks program.
Sec. 1035. Sense of Congress on nuclear weapons management.
Sec. 1036. Sense of Congress on joint Department of Defense-Federal
Aviation Administration executive committee on conflict
and dispute resolution.
Sec. 1037. Sense of Congress on sale of new outsize cargo, strategic
airlift aircraft for civilian use.
Subtitle E--Studies and Reports
Sec. 1041. Report on corrosion control and prevention.
Sec. 1042. Study on using Modular Airborne Fire Fighting Systems
(MAFFS) in a Federal response to wildfires.
Sec. 1043. Study on rotorcraft survivability.
Sec. 1044. Report on nuclear weapons.
Sec. 1045. Report on compliance by Department of Defense with Guam tax
and licensing laws.
Sec. 1046. Report on detention operations in Iraq.
Sec. 1047. Review of bandwidth capacity requirements of the Department
of Defense and the intelligence community.
Sec. 1048. Review of findings and recommendations applicable to the
Department of Defense regarding electromagnetic pulse
attack.
Subtitle F--Other Matters
Sec. 1051. Additional information under annual submissions of
information regarding information technology capital
assets.
Sec. 1052. Submission to Congress of revision to regulation on enemy
prisoners of war, retained personnel, civilian internees,
and other detainees.
Sec. 1053. Barnegat Inlet to Little Egg Inlet, New Jersey.
Sec. 1054. Standing advisory panel on improving coordination among the
Department of Defense, the Department of State, and the
United States Agency for International Development on
matters of national security.
Sec. 1055. Reports on strategic communication and public diplomacy
activities of the Federal Government.
Sec. 1056. Prohibitions relating to propaganda.
Sec. 1057. Sense of Congress on interrogation of detainees by
contractor personnel.
Sec. 1058. Sense of Congress with respect to videotaping or otherwise
electronically recording strategic intelligence
interrogations of persons in the custody of or under the
effective control of the Department of Defense.
Sec. 1059. Modification of deadlines for standards required for entry
to military installations in the United States.
Sec. 1060. Extension of certain dates for Congressional Commission on
the Strategic Posture of the United States.
Sec. 1061. Technical and clerical amendments.
Sec. 1062. Notification of Committees on Armed Services with respect
to certain nonproliferation and proliferation activities.
Sec. 1063. Assessment of security measures at consolidated center for
North American Aerospace Defense Command and United
States Northern Command.
Subtitle A--Financial Matters
SEC. 1001. GENERAL TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national
interest, the Secretary may transfer amounts of
authorizations made available to the Department of Defense in
this division for fiscal year 2009 between any such
authorizations for that fiscal year (or any subdivisions
thereof). Amounts of authorizations so transferred shall be
merged with and be available for the same purposes as the
authorization to which transferred.
(2) Limitation.--Except as provided in paragraph (3), the
total amount of authorizations that the Secretary may
transfer under the authority of this section may not exceed
$4,200,000,000.
(3) Exception for transfers between military personnel
authorizations.--A transfer of funds between military
personnel authorizations under title IV shall not be counted
toward the dollar limitation in paragraph (2).
(b) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from
one account to another under the authority of this section
shall be deemed to increase the amount authorized for the
account to which the amount is transferred by an amount equal
to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly
notify Congress of each transfer made under subsection (a).
SEC. 1002. ONE-TIME SHIFT OF MILITARY RETIREMENT PAYMENTS.
(a) Reduction of Payments.--Notwithstanding any other
provision of law, any
[[Page 20875]]
amounts that would otherwise be payable from the fund to
individuals for the month of August 2013 (with disbursements
scheduled for September 2013) shall be reduced by 1 percent.
(b) Reversion.--Beginning on September 1, 2013 (with
disbursements beginning in October 2013), amounts payable to
individuals from the fund shall revert back to amounts as
specified in law as if the reduction in subsection (a) did
not take place.
(c) Refund.--Any individual who has a payment reduced under
subsection (a) shall receive a one-time payment, from the
fund, in an amount equal to the amount of such reduction.
This one-time payment shall be included with disbursements
from the fund scheduled for October 2013.
(d) Fund.--In this section, the term ``fund'' refers to the
Department of Defense Military Retirement Fund established by
section 1461 of title 10, United States Code.
(e) Transfer.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall
transfer $40,000,000 from the unobligated balances of the
National Defense Stockpile Transaction Fund to the
Miscellaneous Receipts Fund of the United States Treasury to
offset estimated costs arising from section 702 and the
amendments made by such section.
SEC. 1003. MANAGEMENT OF PURCHASE CARDS.
(a) Penalties for Violations.--Section 2784(c)(1) of title
10, United States Code, is amended by striking ``(1) provide
for'' and inserting the following:
``(1) provide--
``(A) for the reimbursement of charges for unauthorized or
erroneous purchases, in appropriate cases; and
``(B) for''.
(b) Required Report.--Not later than 270 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report detailing
actions to be taken by the Department of Defense to implement
the recommendations of the Government Accountability Office
in its report titled ``Actions Needed to Strengthen Internal
Controls to Reduce Fraudulent, Improper, and Abusive
Purchases'' (GAO-08-333) to improve safeguards and internal
controls on the use of agency purchase cards.
SEC. 1004. CODIFICATION OF RECURRING AUTHORITY ON UNITED
STATES CONTRIBUTIONS TO THE NORTH ATLANTIC
TREATY ORGANIZATION COMMON-FUNDED BUDGETS.
(a) Codification of Authority.--
(1) In general.--Subchapter II of chapter 134 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2263. United States contributions to the North
Atlantic Treaty Organization common-funded budgets
``(a) In General.--The total amount contributed by the
Secretary of Defense in any fiscal year for the common-funded
budgets of NATO may be an amount in excess of the maximum
amount that would otherwise be applicable to those
contributions in such fiscal year under the fiscal year 1998
baseline limitation.
``(b) Reports.--(1) Not later than October 30 each year,
the Secretary of Defense shall submit to the congressional
defense committees a report on the contributions made by the
Secretary to the common-funded budgets of NATO in the
preceding fiscal year.
``(2) Each report under paragraph (1) shall include, for
the fiscal year covered by such report, the following:
``(A) The amounts contributed by the Secretary to each of
the separate budgets and programs of the North Atlantic
Treaty Organization under the common-funded budgets of NATO.
``(B) For each budget and program to which the Secretary
made such a contribution, the percentage of such budget or
program during the fiscal year that such contribution
represented.
``(c) Definitions.--In this section:
``(1) Common-funded budgets of nato.--The term `common-
funded budgets of NATO' means the Military Budget, the
Security Investment Program, and the Civil Budget of the
North Atlantic Treaty Organization (and any successor or
additional account or program of NATO).
``(2) Fiscal year 1998 baseline limitation.--The term
`fiscal year 1998 baseline limitation' means the maximum
annual amount of Department of Defense contributions for
common-funded budgets of NATO that is set forth as the annual
limitation in section 3(2)(C)(ii) of the resolution of the
Senate giving the advice and consent of the Senate to the
ratification of the Protocols to the North Atlantic Treaty of
1949 on the Accession of Poland, Hungary, and the Czech
Republic (as defined in section 4(7) of that resolution),
approved by the Senate on April 30, 1998.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter II of chapter 134 of such title is
amended by adding at the end the following new item:
``2263. United States contributions to the North Atlantic Treaty
Organization common-funded budgets.''.
(b) Effective Date.--The amendments made by this section
shall take effect on October 1, 2008, and shall apply to
fiscal years that begin on or after that date.
SEC. 1005. INCORPORATION OF FUNDING DECISIONS INTO LAW.
(a) Amounts Specified in Joint Explanatory Statement Are
Authorized by Law.--Wherever a funding table in the Joint
Explanatory Statement which is to be printed in the
Congressional Record on or about September 23, 2008, to
explain the Duncan Hunter National Defense Authorization Act
for Fiscal Year 2009 specifies a dollar amount for a project,
program, or activity, the obligation and expenditure of the
specified dollar amount for the indicated project, program,
or activity is hereby authorized by law to be carried out to
the same extent as if included in the text of the Act,
subject to the availability of appropriations.
(b) Merit-Based Decisions.--Decisions by agency heads to
commit, obligate, or expend funds with or to a specific
entity on the basis of dollar amount authorized pursuant to
subsection (a) shall be based on authorized, transparent,
statutory criteria, or merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, and other applicable
provisions of law.
(c) Relationship to Transfer and Reprogramming Authority.--
This section does not prevent an amount covered by this
section from being transferred or reprogrammed under a
transfer or reprogramming authority provided by another
provision of this Act or by other law. The transfer or
reprogramming of an amount incorporated into the Act by this
section shall not count against a ceiling on such transfers
or reprogrammings under section 1001 of this Act or any other
provision of law, unless such transfer or reprogramming would
move funds between appropriation accounts.
(d) Applicability to Classified Annex.--This section
applies to any classified annex to the Joint Explanatory
Statement referred to in subsection (a).
(e) Oral and Written Communication.--No oral or written
communication concerning any amount specified in the Joint
Explanatory Statement referred to in subsection (a) shall
supersede the requirements of this section.
Subtitle B--Policy Relating to Vessels and Shipyards
SEC. 1011. CONVEYANCE, NAVY DRYDOCK, ARANSAS PASS, TEXAS.
(a) Conveyance Authorized.--The Secretary of the Navy is
authorized to convey the floating drydock AFDL-23, located in
Aransas Pass, Texas, to Gulf Copper Ship Repair, that company
being the current lessee of the drydock.
(b) Condition of Conveyance.--The Secretary shall require
as a condition of the conveyance under subsection (a) that
the drydock remain at the facilities of Gulf Copper Ship
Repair, at Aransas Pass, Texas, until at least September 30,
2010.
(c) Consideration.--As consideration for the conveyance of
the drydock under subsection (a), the purchaser shall provide
compensation to the United States the value of which, as
determined by the Secretary, is equal to the fair market
value of the drydock, as determined by the Secretary. The
Secretary shall take into account amounts paid by, or due and
owing from, the lessee.
(d) Transfer at No Cost to United States.--The provisions
of section 7306(c) of title 10, United States Code, shall
apply to the conveyance under this section.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 1012. REPORT ON REPAIR OF NAVAL VESSEL IN FOREIGN
SHIPYARDS.
Section 7310 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(c) Report.--(1) The Secretary of the Navy shall submit
to Congress each year, at the time that the President's
budget is submitted to Congress that year under section
1105(a) of title 31, a report listing all repairs and
maintenance performed on any covered naval vessel that has
undergone work for the repair of the vessel in any shipyard
outside the United States or Guam (in this section referred
to as a `foreign shipyard') during the fiscal year preceding
the fiscal year in which the report is submitted.
``(2) The report shall include the percentage of the annual
ship repair budget of the Navy that was spent on repair of
covered naval vessels in foreign shipyards during the fiscal
year covered by the report.
``(3) The report also shall include the following with
respect to each covered naval vessel:
``(A) The justification under law for the repair in a
foreign shipyard.
``(B) The name and class of vessel repaired.
``(C) The category of repair and whether the repair
qualified as voyage repair as defined in Commander Military
Sealift Command Instruction 4700.15C (September 13, 2007) or
Joint Fleet Maintenance Manual (Commander Fleet Forces
Command Instruction 4790.3 Revision A, Change 7), Volume III.
Scheduled availabilities are to be considered as a composite
and reported as a single entity without individual repair and
maintenance items listed separately.
[[Page 20876]]
``(D) The shipyard where the repair work was carried out.
``(E) The number of days the vessel was in port for repair.
``(F) The cost of the repair and the amount (if any) that
the cost of the repair was less than or greater than the cost
of the repair provided for in the contract.
``(G) The schedule for repair, the amount of work
accomplished (stated in terms of work days), whether the
repair was accomplished on schedule, and, if not so
accomplished, the reason for the schedule over-run.
``(H) The homeport or location of the vessel prior to its
voyage for repair.
``(I) Whether the repair was performed under a contract
awarded through the use of competitive procedures or
procedures other than competitive procedures.
``(4) In this subsection, the term `covered naval vessel'
means any of the following:
``(A) A naval vessel.
``(B) Any other vessel under the jurisdiction of the
Secretary of the Navy.''.
SEC. 1013. REPORT ON PLAN FOR DISPOSAL OF CERTAIN VESSELS
STRICKEN FROM THE NAVAL VESSEL REGISTER.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of the Navy, in consultation with the
Administrator of the Maritime Administration, shall submit to
the congressional defense committees a report containing--
(1) a plan for the sale and disposal of each vessel over
50,000 tons light ship displacement stricken from the Naval
Vessel Register but not yet disposed of by the Navy or the
Maritime Administration; and
(2) the estimated contribution to the domestic market for
steel and other metals that might be made from the scrapping
of such vessels.
SEC. 1014. REIMBURSEMENT OF EXPENSES FOR CERTAIN NAVY MESS
OPERATIONS.
(a) Authority for Payment.--Of the amounts appropriated for
operation and maintenance for the Navy, not more that
$1,000,000 may be used to pay the charge established under
section 1011 of title 37, United States Code, for meals sold
by messes for United States Navy and Naval Auxiliary vessels
to the following:
(1) Members of nongovernmental organizations and officers
or employees of host and foreign nations when participating
in or providing support to United States civil-military
operations.
(2) Foreign national patients treated on Naval vessels
during the conduct of United States civil-military
operations, and their escorts.
(b) Expiration of Authority.--The authority to pay for
meals under subsection (a) shall expire on September 30,
2010.
(c) Report.--Not later than March 31 of each year during
which the authority to pay for meals under subsection (a) is
in effect, the Secretary of Defense shall submit to Congress
a report on the use of such authority.
SEC. 1015. POLICY RELATING TO MAJOR COMBATANT VESSELS OF THE
STRIKE FORCES OF THE UNITED STATES NAVY.
Section 1012(c)(1) of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181) is amended by
adding at the end the following:
``(D) Amphibious assault ships, including dock landing
ships (LSD), amphibious transport-dock ships (LPD),
helicopter assault ships (LHA/LHD), and amphibious command
ships (LCC), if such vessels exceed 15,000 dead weight ton
light ship displacement.''.
Subtitle C--Counter-Drug Activities
SEC. 1021. EXTENSION OF REPORTING REQUIREMENT REGARDING
DEPARTMENT OF DEFENSE EXPENDITURES TO SUPPORT
FOREIGN COUNTER-DRUG ACTIVITIES.
Section 1022(a) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law
by Public Law 106-398; 114 Stat. 1654A-255), as most recently
amended by section 1024 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364;
120 Stat. 2383), is further amended by striking ``and
February 15, 2008'' and inserting ``February 15, 2008, and
February 15, 2009''.
SEC. 1022. EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO
PROVIDE SUPPORT TO LAW ENFORCEMENT AGENCIES
CONDUCTING COUNTER-TERRORISM ACTIVITIES.
Section 1022(b) of the National Defense Authorization Act
for Fiscal Year 2004 (Public Law 108-136; 10 U.S.C. 371
note), as amended by section 1021 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181;
122 Stat. 304), is amended by striking ``2008'' and inserting
``2009''.
SEC. 1023. EXTENSION OF AUTHORITY TO SUPPORT UNIFIED COUNTER-
DRUG AND COUNTERTERRORISM CAMPAIGN IN COLOMBIA
AND CONTINUATION OF NUMERICAL LIMITATION ON
ASSIGNMENT OF UNITED STATES PERSONNEL.
Section 1021 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375;
118 Stat. 2042), as amended by section 1023 of the John
Warner National Defense Authorization Act for Fiscal Year
2007 (Public Law 109-364; 120 Stat. 2382), is further
amended--
(1) in subsection (a), by striking ``2008'' and inserting
``2009''; and
(2) in subsection (c), by striking ``2008'' and inserting
``2009''.
SEC. 1024. EXPANSION AND EXTENSION OF AUTHORITY TO PROVIDE
ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES
OF CERTAIN FOREIGN GOVERNMENTS.
(a) Extension of Authority.--Subsection (a)(2) of section
1033 of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85; 111 Stat. 1881), as amended by
section 1021 of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108-136, 117 Stat. 1593),
section 1022 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364;
120 Stat. 2137), and section 1022 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181;
122 Stat. 304), is further amended by striking ``2008'' and
inserting ``2009''.
(b) Additional Governments Eligible to Receive Support.--
Subsection (b) of such section is amended by adding at the
end the following new paragraphs:
``(19) The Government of Guinea-Bissau.
``(20) The Government of Senegal.
``(21) The Government of El Salvador.
``(22) The Government of Honduras.''.
(c) Maximum Annual Amount of Support.--Subsection (e)(2) of
such section is amended--
(1) by striking ``or'' after ``2006,''; and
(2) by striking the period at the end and inserting ``, or
$75,000,000 during fiscal year 2009.''.
(d) Condition on Provision of Support.--Subsection (f) of
such section is amended--
(1) in paragraph (2), by inserting after ``In the case of''
the following: ``funds appropriated for fiscal year 2009 to
carry out this section and''; and
(2) in paragraph (4)(B), by striking ``Committee on
International Relations'' and inserting ``Committee on
Foreign Affairs''.
(e) Counter-Drug Plan.--Subsection (h) of such section is
amended--
(1) in the matter preceding paragraph (1), by striking
``fiscal year 2004'' and inserting ``fiscal year 2009''; and
(2) in subparagraph (7), by striking ``For the first fiscal
year'' and inserting ``For fiscal year 2009, and thereafter,
for the first fiscal year''.
SEC. 1025. COMPREHENSIVE DEPARTMENT OF DEFENSE STRATEGY FOR
COUNTER-NARCOTICS EFFORTS FOR UNITED STATES
AFRICA COMMAND.
(a) Report Required.--Not later than June 30, 2009, the
Secretary of Defense shall submit to the congressional
defense committees a comprehensive strategy of the Department
of the Defense with regard to counter-narcotics efforts in
Africa, with an emphasis on West Africa and the Maghreb. The
Secretary of Defense shall prepare the strategy in
consultation with the Secretary of State.
(b) Matters to Be Included.--The comprehensive strategy
shall consist of a general overview and a separate detailed
section for each of the following:
(1) A description of the overall United States counter-
narcotics policy for Africa.
(2) The roles and missions of the Department of Defense in
support of the overall United States counter-narcotics policy
for Africa.
(3) The priorities for the Department of Defense to meet
programmatic objectives one-year, three-years, and five-years
after the end of fiscal year 2009, including a description of
the expected allocation of resources of the Department of
Defense to accomplish these priorities.
(4) The efforts of the Secretary of Defense to coordinate
the Department of Defense counter-narcotics activities in
Africa with Department of Defense building capacity programs,
including programs carried out under the authority of the
Secretary under section 1206 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163;
119 Stat. 3456).
(5) The efforts to coordinate the counter-narcotics
activities of the Department of Defense with the counter-
narcotics activities of the governments eligible to receive
support under section 1033 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85;
111 Stat. 1881) and the counter-narcotics activities in
Africa of European countries and other international and
regional partners.
(c) Plans.--The comprehensive strategy shall also include
the following plans:
(1) A detailed and comprehensive plan to utilize the
capabilities and assets of the combatant commands that
geographically surround the United States Africa Command for
the counter-narcotics efforts and activities of the United
States Africa Command on a temporary basis until the United
States Africa Command develops its own commensurate
capabilities and assets, including in the plan a description
of what measures will be taken to effectuate the transition
of the missions.
(2) A detailed and comprehensive plan to enhance
cooperation with certain African countries, which are often
geographically contiguous to other African countries that
have a significant narcotics-trafficking challenges, to
increase the effectiveness of the counter-narcotics
activities of the Department of Defense and its international
and regional partners.
[[Page 20877]]
SEC. 1026. COMPREHENSIVE DEPARTMENT OF DEFENSE STRATEGY FOR
COUNTER-NARCOTICS EFFORTS IN SOUTH AND CENTRAL
ASIAN REGIONS.
(a) Report Required.--Not later than June 30, 2009, the
Secretary of Defense shall submit to the congressional
defense committees a comprehensive strategy of the Department
of the Defense with regard to counter-narcotics efforts in
the South and Central Asian regions, including the countries
of Afghanistan, Turkmenistan, Tajikistan, Kyrgyzstan,
Kazakhstan, Pakistan, and India, as well as the countries of
Armenia, Azerbaijan, and China.
(b) Matters to Be Included.--The comprehensive strategy
shall consist of a general overview and a separate detailed
section for each of the following:
(1) The roles and missions of the Department of Defense in
support of the overall United States counter-narcotics policy
for countries of the South and Central Asian regions and the
other countries specified in subsection (a).
(2) The priorities for the Department of Defense to meet
programmatic objectives for fiscal year 2010, including a
description of the expected allocation of resources of the
Department of Defense to accomplish these priorities.
(3) The ongoing and planned counter-narcotics activities
funded by the Department of Defense for such regions and
countries.
(4) The efforts to coordinate the counter-narcotics
activities of the Department of Defense with the counter-
narcotics activities of such regions and countries and the
counter-narcotics activities of other international partners
in such regions and countries.
(5) The specific metrics used by the Department of Defense
to evaluate progress of activities to reduce the production
and trafficking of illicit narcotics in such regions and
countries.
Subtitle D--Miscellaneous Authorities and Limitations
SEC. 1031. ENHANCEMENT OF THE CAPACITY OF THE UNITED STATES
GOVERNMENT TO CONDUCT COMPLEX OPERATIONS.
(a) In General.--Chapter 20 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 409. Center for Complex Operations
``(a) Center Authorized.--The Secretary of Defense may
establish a center to be known as the `Center for Complex
Operations' (in this section referred to as the `Center').
``(b) Purposes.--The purposes of the Center established
under subsection (a) shall be the following:
``(1) To provide for effective coordination in the
preparation of Department of Defense personnel and other
United States Government personnel for complex operations.
``(2) To foster unity of effort during complex operations
among--
``(A) the departments and agencies of the United States
Government;
``(B) foreign governments and militaries;
``(C) international organizations and international
nongovernmental organizations; and
``(D) domestic nongovernmental organizations.
``(3) To conduct research; collect, analyze, and distribute
lessons learned; and compile best practices in matters
relating to complex operations.
``(4) To identify gaps in the education and training of
Department of Defense personnel, and other relevant United
States Government personnel, relating to complex operations,
and to facilitate efforts to fill such gaps.
``(c) Concurrence of the Secretary of State.--The Secretary
of Defense shall seek the concurrence of the Secretary of
State to the extent the efforts and activities of the Center
involve the entities referred to in subparagraphs (B) and (C)
of subsection (b)(2).
``(d) Support From Other United States Government
Departments or Agencies.--The head of any non-Department of
Defense department or agency of the United States Government
may--
``(1) provide to the Secretary of Defense services,
including personnel support, to support the operations of the
Center; and
``(2) transfer funds to the Secretary of Defense to support
the operations of the Center.
``(e) Acceptance of Gifts and Donations.--(1) Subject to
paragraph (3), the Secretary of Defense may accept from any
source specified in paragraph (2) any gift or donation for
purposes of defraying the costs or enhancing the operations
of the Center.
``(2) The sources specified in this paragraph are the
following:
``(A) The government of a State or a political subdivision
of a State.
``(B) The government of a foreign country.
``(C) A foundation or other charitable organization,
including a foundation or charitable organization that is
organized or operates under the laws of a foreign country.
``(D) Any source in the private sector of the United States
or a foreign country.
``(3) The Secretary may not accept a gift or donation under
this subsection if acceptance of the gift or donation would
compromise or appear to compromise--
``(A) the ability of the Department of Defense, any
employee of the Department, or any member of the armed forces
to carry out the responsibility or duty of the Department in
a fair and objective manner; or
``(B) the integrity of any program of the Department or of
any person involved in such a program.
``(4) The Secretary shall provide written guidance setting
forth the criteria to be used in determining the
applicability of paragraph (3) to any proposed gift or
donation under this subsection.
``(f) Crediting of Funds Transferred or Accepted.--Funds
transferred to or accepted by the Secretary of Defense under
this section shall be credited to appropriations available to
the Department of Defense for the Center, and shall be
available for the same purposes, and subject to the same
conditions and limitations, as the appropriations with which
merged. Any funds so transferred or accepted shall remain
available until expended.
``(g) Definitions.--In this section:
``(1) The term `complex operation' means an operation as
follows:
``(A) A stability operation.
``(B) A security operation.
``(C) A transition and reconstruction operation.
``(D) A counterinsurgency operation.
``(E) An operation consisting of irregular warfare.
``(2) The term `gift or donation' means any gift or
donation of funds, materials (including research materials),
real or personal property, or services (including lecture
services and faculty services).''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 20 of such title is amended by adding at
the end the following new item:
``409. Center for Complex Operations.''.
SEC. 1032. CREDITING OF ADMIRALTY CLAIM RECEIPTS FOR DAMAGE
TO PROPERTY FUNDED FROM A DEPARTMENT OF DEFENSE
WORKING CAPITAL FUND.
Section 7623(b) of title 10, United States Code, is
amended--
(1) by inserting ``(1)'' after ``(b)'';
(2) in paragraph (1), as so designated, by striking the
last sentence; and
(3) by adding at the end the following new paragraph:
``(2)(A) Except as provided in subparagraph (B), amounts
received under this section shall be covered into the
Treasury as miscellaneous receipts.
``(B) Amounts received under this section for damage or
loss to property operated and maintained with funds from a
Department of Defense working capital fund or account shall
be credited to that fund or account.''.
SEC. 1033. MINIMUM ANNUAL PURCHASE REQUIREMENTS FOR CHARTER
AIR TRANSPORTATION SERVICES FROM CARRIERS
PARTICIPATING IN THE CIVIL RESERVE AIR FLEET.
(a) In General.--Chapter 931 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 9515. Charter air transportation services: minimum
annual purchase amount for carriers participating in Civil
Reserve Air Fleet
``(a) In General.--The Secretary of Defense shall take
steps to--
``(1) improve the predictability in Department of Defense
charter requirements;
``(2) strengthen Civil Reserve Airlift Fleet participation
to assure adequate capacity is available to meet steady-
state, surge and mobilization requirements; and
``(3) provide incentives for commercial air passenger
carriers to provide newer, more efficient and reliable
aircraft for Department of Defense service rather than older,
fully depreciated aircraft.
``(b) Consideration of Recommendations.--In carrying out
subsection (a), the Secretary of Defense shall consider the
recommendations on courses of action for the Civil Reserve
Air Fleet as outlined in the report required by Section 356
of the National Defense Authorization Act for 2008 (Public
Law 110-181).
``(c) Contracts for Charter Air Transportation Services.--
The Secretary of Defense may award to an air carrier or an
air carrier contractor team arrangement participating in the
Civil Reserve Air Fleet on a fiscal year basis a one-year
contract for charter air transportation services with a
minimum purchase amount under such contract determined in
accordance with this section.
``(d) Eligible Charter Air Transportation Carriers.--In
order to be eligible for payments under the minimum purchase
amount provided by this section, an air carrier (or any air
carrier participating in an air carrier contractor team
arrangement)--
``(1) if under contract with the Department of Defense in
the prior fiscal year, shall have an average on-time pick up
rate, based on factors within such air carrier's control, of
at least 90 percent;
``(2) shall offer such amount of commitment to the Civil
Reserve Air Fleet in excess of the minimum required for
participation in the Civil Reserve Air Fleet as the Secretary
of Defense shall specify for purposes of this section; and
``(3) may not have refused a Department of Defense request
to act as a host for other Civil Reserve Air Fleet carriers
at intermediate staging bases during the prior fiscal year.
[[Page 20878]]
``(e) Aggregate Minimum Purchase Amount.--(1) The aggregate
amount of the minimum purchase amount for all contracts
awarded under subsection (c) for a fiscal year shall be based
on forecast needs, but may not exceed the amount equal to 80
percent of the average annual expenditure of the Department
of Defense for charter air transportation services during the
five-fiscal year period ending in the fiscal year before the
fiscal year for which such contracts are awarded.
``(2) In calculating the average annual expenditure of the
Department of Defense for charter air transportation services
for purposes of paragraph (1), the Secretary of Defense shall
omit from the calculation any fiscal year exhibiting
unusually high demand for charter air transportation services
if the Secretary determines that the omission of such fiscal
year from the calculation will result in a more accurate
forecast of anticipated charter air transportation services
for purposes of that paragraph.
``(f) Allocation of Minimum Purchase Among Charter Air
Transportation Contracts.--(1) The aggregate amount of the
minimum purchase amount for all contracts awarded under
subsection (c) for a fiscal year, as determined under
subsection (e), shall be allocated among all air carriers and
air carrier contractor team arrangements awarded contracts
under subsection (c) for such fiscal year in proportion to
the commitments of such carriers to the Civil Reserve Air
Fleet for such fiscal year.
``(2) In determining the minimum purchase amount payable
under paragraph (1) under a contract under subsection (c) for
charter air transportation services provided by an air
carrier or air carrier contractor team arrangement during the
fiscal year covered by such contract, the Secretary of
Defense may adjust the amount allocated to such carrier or
arrangement under paragraph (2) to take into account periods
during such fiscal year when charter air transportation
services of such carrier or a carrier in such arrangement are
unavailable for usage by the Department of Defense, including
during periods of refused business or suspended operations or
when such carrier is placed in nonuse status pursuant to
section 2640 of this title for safety reasons.
``(g) Distribution of Amounts.--If any amount available
under this section for the minimum purchase of charter air
transportation services from a carrier or air carrier
contractor team arrangement for a fiscal year under a
contract under subsection (c) is not utilized to purchase
charter air transportation services from the carrier or
arrangement in such fiscal year, such amount shall be
provided to the carrier or arrangement before the first day
of the following fiscal year.
``(h) Commitment of Funds.--(1) The Secretary of each
military department shall transfer to the transportation
working capital fund a percentage of the total amount
anticipated to be required in such fiscal year for the
payment of minimum purchase amounts under all contracts
awarded under subsection (c) for such fiscal year equivalent
to the percentage of the anticipated use of charter air
transportation services by such military department during
such fiscal year from all carriers under contracts awarded
under subsection (c) for such fiscal year.
``(2) Any amounts required to be transferred under
paragraph (1) shall be transferred by the last day of the
fiscal year concerned to meet the requirements of subsection
(g) unless minimum purchase amounts have already been
distributed by the Secretary of Defense under subsection (g)
as of that date.
``(i) Availability of Airlift Services.--(1) From the total
amount of charter air transportation services available for a
fiscal year under all contracts awarded under subsection (c)
for such fiscal year, a military department shall be entitled
to obtain a percentage of such services equal to the
percentage of the contribution of the military department to
the transportation working capital fund for such fiscal year
under subsection (h).
``(2) A military department may transfer any entitlement to
charter air transportation services under paragraph (1) to
any other military department or to any other agency,
element, or component of the Department of Defense.
``(j) Definition.--In this section, the term `charter air
transportation' has the meaning given such term in section
40102(14) of title 49, United States Code, except that it
only means such transportation for which the Secretary of
Defense has entered into a contract for the purpose of
passenger travel.
``(k) Sunset.--The authorities in this section shall expire
on December 31, 2015.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 941 of such title is amended by adding
at the end the following new item:
``9515. Charter air transportation services: minimum annual purchase
amount for carriers participating in Civil Reserve Air
Fleet.''.
(c) Report to Congress; Limitation on Exercise of
Authority.--
(1) Report.--The Secretary of Defense shall submit to the
congressional defense committees a written report on the
actions taken under subsections (a) and (b) of section 9515
of title 10, United States Code, as added by subsection (a),
along with the anticipated risks and benefits of such
actions.
(2) Limitation.--No authority under subsections (c) through
(I) of such section may be implemented until 30 days after
the date on which the Secretary submits the report required
under paragraph (1).
SEC. 1034. SEMI-ANNUAL REPORTS ON STATUS OF NAVY NEXT
GENERATION ENTERPRISE NETWORKS PROGRAM.
(a) Semi-Annual Reports Required.--The Secretary of Defense
shall submit to the congressional defense committees semi-
annual reports on the status of the development, testing, and
deployment of the Navy Next Generation Enterprise Networks
program and the transition of the capabilities provided by
the Navy Marine Corps Intranet program to the Next Generation
Enterprise Networks program. Each such report shall cover
such status during the two fiscal quarters preceding the
fiscal quarter in which the report is submitted.
(b) Coordination.--The Secretary of Defense shall develop
each of the semi-annual reports required under subsection (a)
in coordination with the Secretary of the Navy, the Under
Secretary of Defense for Acquisition, Technology, and
Logistics, the Assistant Secretary of Defense for Networks
and Information Integration, and the Director of Operational
Test and Evaluation.
(c) Contents of Reports.--Each of the reports required
under subsection (a) shall address the following matters for
the period covered by the report:
(1) For each Next Generation Enterprise Networks contract
entered into by the Secretary of Defense--
(A) the metrics used for quantitatively measuring the
performance of the entity with which the Secretary has
entered into the contract and, based on such metrics, an
assessment of the performance of such entity during such
period;
(B) the qualitative measures used to assess the performance
of such entity and, based on such qualitative measures, an
assessment of the performance of such entity during such
period;
(C) the mechanisms for providing incentives to improve the
performance of such entity, the processes for determining
incentive payments, and the use of incentive payments made
during such period; and
(D) the mechanisms for penalizing such entity for poor
performance, the processes for determining penalties, and the
use of such penalties during such period.
(2) Any progress made during such period to transition
information technology services from the Navy Marine Corps
Intranet program to the Next Generation Enterprise Networks
program, including the transfer of intellectual property and
infrastructure, and a description of contracting mechanisms
used to facilitate such transition and the provision of
services related to such transition.
(3) An assessment of any issues arising during such period
that relate to the valuation and ownership of intellectual
property and infrastructure in the Navy Marine Corps Intranet
program.
(4) Any activities carried out by the Next Generation
Enterprise Networks Governance Board to resolve issues
related to the Next Generation Enterprise Network program.
(5) An assessment of the operational effectiveness and
suitability of the Next Generation Enterprise Networks
program during such period based on testing activities and
other assessments.
(6) A description of the information security and
information assurance posture and performance of the Next
Generation Enterprise Networks program during such period.
(7) The schedule, status, and goals of the early transition
activities between the Navy Marine Corps Intranet program and
the Next Generation Enterprise Networks program carried out
during such period.
(8) A description of the role of the Next Generation
Enterprise Networks program with the Navy's network
environment.
(9) An updated acquisition milestone schedule, including
any changes from previous planned schedules, the status of
achieving milestones, and mitigation strategies for
maintaining program schedule performance.
(d) Deadline for Submittal of Reports.--The Secretary of
Defense shall submit the semi-annual reports required under
this section by not later than April 1 and October 1 of each
year, and shall submit the first report required under this
section by not later than April 1, 2009.
(e) Termination.--The requirement to submit semi-annual
reports under this section shall terminate on the date that
is one year after the date on which the Secretary of Defense
completes the full transition of the provision of services
from the Navy Marine Corps Intranet program and other
transition programs to the Next Generation Enterprise
Networks program.
SEC. 1035. SENSE OF CONGRESS ON NUCLEAR WEAPONS MANAGEMENT.
(a) Findings.--Congress makes the following findings:
(1) The unauthorized transfer of nuclear weapons from Minot
Air Force Base, North Dakota, to Barksdale Air Force Base,
Louisiana, in August 2007 was an extraordinary
[[Page 20879]]
breach of the command and control and security of nuclear
weapons.
(2) The reviews conducted following that unauthorized
transfer found that the ability of the Department of Defense
to provide oversight of nuclear weapons matters had
degenerated and that senior level attention to nuclear
weapons management is minimal at best.
(3) The lack of attention to nuclear weapons and related
equipment by the Department of Defense was demonstrated again
when it was discovered in March 2008 that classified
equipment from Minuteman III intercontinental ballistic
missiles was inadvertently shipped to Taiwan in 2006.
(4) The Department of Defense has insufficient capability
and staffing in the Office of the Under Secretary of Defense
for Policy to provide the necessary oversight of the nuclear
weapons functions of the Department.
(5) The key senior position responsible for nuclear weapons
matters in the Department of Defense, the Assistant to the
Secretary of Defense for Nuclear and Chemical and Biological
Defense Programs, a position filled by appointment by and
with the advice and consent of the Senate, was vacant for
more than 18 months before being filled in July 2008.
(6) The inability to provide consistent senior level
emphasis on nuclear weapons policy has contributed to an
erosion in the level of attention paid to nuclear weapons
matters across the Department of Defense.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States should maintain clear and unambiguous
command and control of its nuclear weapons;
(2) the safety and security of nuclear weapons and related
equipment should be a high priority as long as the United
States maintains a stockpile of nuclear weapons;
(3) these objectives will be more successfully attained if
greater attention is paid to nuclear weapons matters within
the Office of the Secretary of Defense, the Office of the
Under Secretary of Defense for Policy, and the Office of the
Under Secretary of Defense for Acquisition, Technology, and
Logistics;
(4) the Secretary of Defense should consider establishing
and filling a senior position, at the level of Assistant
Secretary of Defense or Deputy Under Secretary of Defense,
within the Office of the Under Secretary of Defense for
Policy to hold primary responsibility for the strategic and
nuclear weapons policy of the Department of Defense; and
(5) the Secretary of Defense should clarify the lines of
responsibility and accountability for nuclear weapons matters
within the Office of the Secretary of Defense to place
greater emphasis on strategic and nuclear weapons policy and
management.
SEC. 1036. SENSE OF CONGRESS ON JOINT DEPARTMENT OF DEFENSE-
FEDERAL AVIATION ADMINISTRATION EXECUTIVE
COMMITTEE ON CONFLICT AND DISPUTE RESOLUTION.
(a) Findings.--Congress makes the following findings:
(1) Unmanned aerial systems (UAS) of the Department of
Defense, like the Predator and the Global Hawk, have become a
critical component of military operations. Unmanned aerial
systems are indispensable in the conflict against terrorism
and the campaigns in Afghanistan and Iraq.
(2) Unmanned aerial systems of the Department of Defense
must operate in the National Airspace System (NAS) for
training, operational support to the combatant commands, and
support to domestic authorities in emergencies and national
disasters.
(3) The Department of Defense has been lax in developing
certifications of airworthiness for unmanned aerial systems,
qualifications for operators of unmanned aerial systems,
databases on safety matters relating to unmanned aerial
systems, and standards, technology, and procedures that are
necessary for routine access of unmanned aerial systems to
the National Airspace System.
(4) As recognized in a Memorandum of Agreement for
Operation of Unmanned Aircraft Systems in the National
Airspace System signed by the Deputy Secretary of Defense and
the Administrator of the Federal Aviation Administration in
September 2007, it is vital for the Department of Defense and
the Federal Aviation Administration to collaborate closely to
achieve progress in gaining access for unmanned aerial
systems to the National Airspace System to support military
requirements.
(5) The Department of Defense and the Federal Aviation
Administration have jointly and separately taken significant
actions to improve the access of unmanned aerial systems of
the Department of Defense to the National Airspace System,
but overall, the pace of progress in access of such systems
to the National Airspace System has been insufficient and
poses a threat to national security.
(6) Techniques and procedures can be rapidly acquired or
developed to temporarily permit safe operations of unmanned
aerial systems in the National Airspace System until
permanent safe operations of such systems in the National
Airspace System can be achieved.
(7) Identifying, developing, approving, implementing, and
monitoring the adequacy of these techniques and procedures
may require the establishment of a joint Department of
Defense-Federal Aviation Administration executive committee
reporting to the highest levels of the Department of Defense
and the Federal Aviation Administration on matters relating
to the access of unmanned aerial systems of the Department of
Defense to the National Airspace System.
(8) Joint management attention at the highest levels of the
Department of Defense and the Federal Aviation Administration
may also be required on other important issues, such as type
ratings for aerial refueling aircraft.
(b) Sense of Congress.--It is the sense of Congress that
the Secretary of Defense should seek an agreement with the
Administrator of the Federal Aviation Administration to
jointly establish within the Department of Defense and the
Federal Aviation Administration a joint Department of
Defense-Federal Aviation Administration executive committee
on conflict and dispute resolution which would--
(1) act as a focal point for the resolution of disputes on
matters of policy and procedures between the Department of
Defense and the Federal Aviation Administration with respect
to--
(A) airspace, aircraft certifications, and aircrew
training; and
(B) other issues brought before the joint executive
committee by the Department of Defense or the Department of
Transportation;
(2) identify solutions to the range of technical,
procedural, and policy concerns arising in the disputes
described in paragraph (1); and
(3) identify solutions to the range of technical,
procedural, and policy concerns arising in the integration of
Department of Defense unmanned aerial systems into the
National Airspace System in order to achieve the increasing,
and ultimately routine, access of such systems into the
National Airspace System.
SEC. 1037. SENSE OF CONGRESS ON SALE OF NEW OUTSIZE CARGO,
STRATEGIC AIRLIFT AIRCRAFT FOR CIVILIAN USE.
(a) Findings.--Congress makes the following findings:
(1) The 2006 Quadrennial Defense Review and the 2005
Mobility Capability Study determined that the United States
Transportation Command requires a force of 292 to 383 organic
strategic airlift aircraft, augmented by procurement of
airlift service from commercial air carriers participating in
the Civil Reserve Air Fleet, to meet the demands of the
National Military Strategy. Congress has authorized and
appropriated funds for 316 strategic airlift aircraft.
(2) The commander of the United States Transportation
Command has testified to Congress that it is essential to
safeguard the capabilities and capacity of the Civil Reserve
Air Fleet to meet wartime surge demands in connection with
major combat operations and that procurement by the Air Force
of excess organic strategic airlift aircraft could be harmful
to the health of the Civil Reserve Air Fleet.
(3) The C-17 aircraft is used extensively by the Air
Mobility Command in the Global War on Terror. Production of
the C-17 aircraft is scheduled to cease in August, 2010.
(4) The Federal Aviation Administration has informed
Congress that no fewer than six commercial operators have
expressed interest in operating a commercial variant of the
C-17 aircraft. Commercial sale of the new C-17 aircraft would
require that the Department of Defense determine that it is
in the national interest for the Federal Aviation
Administration to proceed with the issuance of a type
certificate for C-17 aircraft in accordance with section
21.27 of title 14, Code of Federal Regulations.
(5) New C-17 aircraft sold for commercial use could be made
available to the Civil Reserve Air Fleet, thus strengthening
the capabilities and capacity of the Civil Reserve Air Fleet.
(b) Sense of Congress.--It is the sense of Congress that
the Secretary of Defense, in consultation with the Secretary
of Transportation, should--
(1) review the benefits and feasibility of pursuing a new
production commercial cargo capability with new C-17
commercial variant aircraft and determine whether such
capability is in the national interest; and
(2) if the Secretary of Defense determines that such a
capability is in the national interest, take appropriate
actions to coordinate with the Federal Aviation
Administration to achieve the type certification for a
commercial variant of the C-17 required by section 21.27 of
title 14, Code of Federal Regulations.
Subtitle E--Studies and Reports
SEC. 1041. REPORT ON CORROSION CONTROL AND PREVENTION.
(a) Report Required.--The Secretary of Defense, acting
through the Director of Corrosion Policy and Oversight, shall
prepare and submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on corrosion
control and prevention in weapons systems and equipment.
(b) Matters Covered.--The report shall include the comments
and recommendations of the Department of Defense regarding
potential improvements in corrosion control
[[Page 20880]]
and prevention through earlier planning. In particular, the
report shall include an evaluation and business case analysis
of options for improving corrosion control and prevention in
the requirements and acquisition processes of the Department
of Defense for weapons systems and equipment. The evaluation
shall include an analysis of the impact of such potential
improvements on system acquisition costs and life cycle
sustainment. The options for improved corrosion control and
prevention shall include corrosion control and prevention--
(1) as a key performance parameter for assessing the
selection of materials and processes;
(2) as a key performance parameter for sustainment;
(3) as part of the capability development document in the
joint capabilities integration and development system; and
(4) as a requirement for weapons systems managers to assess
their corrosion control and prevention requirements over a
system's life cycle and incorporate the results into their
acquisition strategies prior to issuing a solicitation for
contracts.
(c) Deadline.--The report shall be submitted not later than
120 days after the date of the enactment of this Act.
(d) Review by Comptroller General.--The Comptroller General
shall review the report required under subsection (a),
including the methodology used in the Department's analysis,
and shall provide the results of the review to the Committees
on Armed Services of the Senate and the House of
Representatives not later than 60 days after the Department
submits the report.
SEC. 1042. STUDY ON USING MODULAR AIRBORNE FIRE FIGHTING
SYSTEMS (MAFFS) IN A FEDERAL RESPONSE TO
WILDFIRES.
(a) In General.--The Secretary of Defense shall carry out a
study to determine--
(1) how to utilize the Department's Modular Airborne Fire
Fighting Systems (MAFFS) in all contingencies where there is
a Federal response to wildfires; and
(2) how to decrease the costs of using the Department's
MAFFS when supporting National Interagency Fire Center (NIFC)
fire fighting operations.
(b) Report.--Not later than 6 months after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the results of
the study.
SEC. 1043. STUDY ON ROTORCRAFT SURVIVABILITY.
(a) Study Required.--The Secretary of Defense and the
Chairman of the Joint Chiefs of Staff shall carry out a study
on Department of Defense rotorcraft survivability. The study
shall--
(1) with respect to actual losses of rotorcraft in combat--
(A) identify the rates of such losses from 1965 through
2008, measured in total annual losses by type of aircraft and
by cause, with rates for loss per flight hour and loss per
sortie provided;
(B) identify by category of hostile action (such as small
arms, Man-Portable Air Defense Systems, and so on), the
causal factors for the losses; and
(C) propose candidate solutions for survivability (such as
training, tactics, speed, countermeasures, maneuverability,
lethality, technology, and so on), in a prioritized list with
explanations, to mitigate each such causal factor, along with
recommended funding adequate to achieve rates at least equal
to the experience in the Vietnam conflict;
(2) with respect to actual losses of rotorcraft in combat
theater not related to hostile action--
(A) identify the causal factors of loss in a ranked list;
and
(B) propose candidate solutions for survivability (such as
training, tactics, speed, countermeasures, maneuverability,
lethality, technology, and so on), in a prioritized list, to
mitigate each such causal factor, along with recommended
funding adequate to achieve the Secretary's Mishap Reduction
Initiative goal of not more than 0.5 mishaps per 100,000
flight hours;
(3) with respect to losses of rotorcraft in training or
other non-combat operations during peacetime or interwar
years--
(A) identify by category (such as inadvertent instrument
meteorological conditions, wire strike, and so on) the causal
factors of loss in a ranked list; and
(B) identify candidate solutions for survivability and
performance (such as candidate solutions referred to in
paragraph (2)(B) as well as maintenance, logistics, systems
development, and so on) in a prioritized list, to mitigate
each such causal factor, along with recommended funding
adequate to achieve the goal of rotorcraft loss rates to non-
combat causes being reduced to 1.0;
(4) identify the key technical factors (causes of mishaps
that are not related to human factors) negatively impacting
the rotorcraft mishap rates and survivability trends, to
include reliability, availability, maintainability, and other
logistical considerations; and
(5) identify what TACAIR is and has done differently to
have such a decrease in losses per sortie when compared to
rotorcraft, to include--
(A) examination of aircraft, aircraft maintenance,
logistics, operations, and pilot and operator training;
(B) an emphasis on the development of common service
requirements that TACAIR has implemented already which are
minimizing losses within TACAIR; and
(C) candidate solutions, in a prioritized list, to mitigate
each causal factor with recommended funding adequate to
achieve the goal of rotorcraft loss rates stated above.
(b) Report.--Not later than August 1, 2009, the Secretary
and the Chairman shall submit to the congressional defense
committees a report on the results of the study.
SEC. 1044. REPORT ON NUCLEAR WEAPONS.
(a) Findings.--Congress finds that--
(1) numerous nuclear weapons are held in the arsenals of
various countries around the world;
(2) some of these weapons make attractive targets for theft
and for use by terrorist organizations;
(3) the United States should identify, track, and monitor
these weapons as a matter of national security;
(4) the United States should assess the security risks
associated with existing stockpiles of nuclear weapons and
should assess the risks of nuclear weapons being developed,
acquired, or utilized by other countries, particularly rogue
states, and by terrorists and other non-state actors; and
(5) the United States should work cooperatively with other
countries to improve the security of nuclear weapons and to
promote multilateral reductions in the numbers of nuclear
weapons.
(b) Review.--The President, in consultation with the
Secretary of Defense, the Secretary of State, the Secretary
of Energy, and the Director of National Intelligence, shall
conduct a review of nuclear weapons world-wide that
includes--
(1) an inventory of the nuclear arsenals of all countries
that possess, or are believed to possess, nuclear weapons,
which indicates, as accurately as possible, the nuclear
weapons that are known, or are believed, to exist according
to nationality, type, yield, and form of delivery, and an
assessment of the methods that are currently employed to
identify, track, and monitor nuclear weapons and their
component materials;
(2) an assessment of the risks associated with the
deployment, transfer, and storage of nuclear weapons deemed
to be attractive to terrorists, rogue states, and other state
or non-state actors on account of their size or portability,
or on account of their accessibility due to the manner of
their deployment or storage; and
(3) recommendations for--
(A) mechanisms and procedures to improve security and
safeguards for the nuclear weapons deemed to be attractive to
terrorists, rogue states, and other state or non-state
actors;
(B) mechanisms and procedures to improve the ability of the
United States to identify, track, and monitor the nuclear
weapons deemed to be attractive to terrorists, rogue states,
and other state or non-state actors;
(C) mechanisms and procedures for implementing transparent
multilateral reductions in nuclear weapons arsenals; and
(D) methods for consolidating, dismantling, and disposing
of the nuclear weapons in each country that possesses, or is
believed to possess, nuclear weapons, including methods of
monitoring and verifying consolidation, dismantlement, and
disposal.
(c) Report.--
(1) Report required.--Not later than one year after the
date of the enactment of this Act, the President shall submit
to Congress a report on the findings and recommendations of
the review required under subsection (b).
(2) Classification of report.--The report required under
paragraph (1) shall be submitted in unclassified form, but it
may be accompanied by a classified annex.
SEC. 1045. REPORT ON COMPLIANCE BY DEPARTMENT OF DEFENSE WITH
GUAM TAX AND LICENSING LAWS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense, in consultation with the
Secretary of the Navy and the Joint Guam Program Office,
shall submit to the congressional defense committees a report
on the steps that the Department of Defense is taking to
ensure that contractors of the Department performing work on
Guam comply with local tax and licensing requirements.
SEC. 1046. REPORT ON DETENTION OPERATIONS IN IRAQ.
(a) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on
detention operations at theater internment facilities in
Iraq.
(b) Elements.--The report required by subsection (a) shall
include each of the following:
(1) A detailed description of how counterinsurgency
doctrine has been incorporated at theater internment
facilities in Iraq.
(2) A detailed description of the policies and programs
instituted to prepare detainees for reintegration following
their release from detention in theater internment facilities
in Iraq.
(3) A description and assessment of the effects of changes
in detention operations and
[[Page 20881]]
reintegration programs at theater internment facilities in
Iraq during the period beginning on January 1, 2007, and
ending on the date of the completion of the report, including
changes in levels of violence within internment facilities
and in rates of recapture of detainees released from
detention in internment facilities.
(4) A description of--
(A) the lessons learned regarding detention operations in a
counterinsurgency operation, an assessment of how such
lessons could be applied to detention operations elsewhere
(including in Afghanistan and at Guantanamo Bay, Cuba); and
(B) any efforts to integrate such lessons into Department
of Defense directives, joint doctrine, mission rehearsal
exercises for deploying forces, and training for units
involved in detention and interrogation operations.
(c) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may include a
classified annex.
SEC. 1047. REVIEW OF BANDWIDTH CAPACITY REQUIREMENTS OF THE
DEPARTMENT OF DEFENSE AND THE INTELLIGENCE
COMMUNITY.
(a) In General.--The Secretary of Defense and the Director
of National Intelligence shall conduct a joint review of the
bandwidth capacity requirements of the Department of Defense
and the intelligence community in the near term, mid term,
and long term.
(b) Elements.--The review required by subsection (a) shall
include an assessment of the following:
(1) The current bandwidth capacities and capabilities of
the Department of Defense and the intelligence community to
transport data, including Government and commercial ground
networks, airborne relays, and satellite systems.
(2) The bandwidth capacities and capabilities anticipated
to be available to the Department of Defense and the
intelligence community to transport data in the near term,
mid term, and long term.
(3) Innovative technologies available to the Department of
Defense and the intelligence community to increase data
transport capacity of existing bandwidth (such as compression
techniques or intelligent software agents) that can be
applied in the near term, mid term, and long term.
(4) The bandwidth and data requirements of current major
operational systems of the Department of Defense and the
intelligence community, including an assessment of--
(A) whether such requirements are being appropriately met
by the bandwidth capacities and capabilities described in
paragraph (1); and
(B) the degree to which any such requirements are not being
met by such bandwidth capacities and capabilities.
(5) The anticipated bandwidth and data requirements of
major operational systems of the Department of Defense and
the intelligence community planned for each of the near term,
mid term, and long term, including an assessment of--
(A) whether such anticipated requirements will be
appropriately met by the bandwidth capacities and
capabilities described in paragraph (2); and
(B) the degree to which any such requirements are not
anticipated to be met by such bandwidth capacities and
capabilities.
(6) Any mitigation concepts that could be used to satisfy
any unmet bandwidth and data requirements.
(7) The costs of meeting the bandwidth and data
requirements described in paragraphs (4) and (5).
(8) Any actions necessary to integrate or consolidate the
information networks of the Department of Defense and the
intelligence community.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense and the
Director of National Intelligence shall jointly submit to the
congressional defense committees, the Select Committee on
Intelligence of the Senate, and the Permanent Select
Committee on Intelligence of the House of Representatives a
report setting forth the results of the review required by
subsection (a).
(d) Formal Review Process for Bandwidth Requirements.--The
Secretary of Defense and the Director of National
Intelligence shall, as part of the Milestone B or Key
Decision Point B approval process for any major defense
acquisition program or major system acquisition program,
establish a formal review process to ensure that--
(1) the bandwidth requirements needed to support such
program are or will be met; and
(2) a determination will be made with respect to how to
meet the bandwidth requirements for such program.
(e) Definitions.--In this section:
(1) Intelligence community.--The term ``intelligence
community'' has the meaning given the term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 401a(4)).
(2) Long term.--The term ``long term'' means the five-year
period beginning on the date that is 10 years after the date
of the enactment of this Act.
(3) Mid term.--The term ``mid term'' means the five-year
period beginning on the date that is five years after the
date of the enactment of this Act.
(4) Near term.--The term ``near term'' means the five-year
period beginning on the date of the enactment of this Act.
SEC. 1048. REVIEW OF FINDINGS AND RECOMMENDATIONS APPLICABLE
TO THE DEPARTMENT OF DEFENSE REGARDING
ELECTROMAGNETIC PULSE ATTACK.
(a) Review.--The Secretary of Defense shall conduct a
review of the findings and recommendations applicable to the
Department of Defense made in the reports of the Commission
to Assess the Threat to the United States from
Electromagnetic Pulse Attack established under title XIV of
the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (as enacted into law by Public Law 106-398;
114 Stat. 165A-345).
(b) Reports.--
(1) In general.--The Secretary shall submit to the
congressional defense committees a report on the review
required by subsection (a) that shall include the following:
(A) A description of the findings and recommendations
described in that subsection that are applicable to the
Department of Defense.
(B) A plan for addressing the applicable findings and
implementing the applicable recommendations to the extent
practicable and feasible.
(C) If the Secretary determines that it is not practicable
or feasible to address an applicable finding or implement an
applicable recommendation, an explanation clearly explaining
each such determination.
(D) A description of the capabilities of the Department of
Defense needed to protect and recover from an electromagnetic
pulse attack.
(E) Any research and development needed to address any
applicable finding or recommendation to enable the Department
of Defense to implement such recommendations in the future.
(F) A description of the plans and programs that the
Department of Defense has in place or plans to put in place
to address the threat from electromagnetic pulse attack.
(G) A description of the organizational and management
structure that the Department of Defense has in place or
plans to have in place to address the threat from an
electromagnetic pulse attack.
(H) A description of any impediments to implementing any
applicable recommendations.
(2) Submittal dates.--The report required by paragraph (1)
shall be submitted not later than September 1 of each odd
numbered year beginning in 2009 and ending in 2015.
(3) Form of report.--The report required by paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
Subtitle F--Other Matters
SEC. 1051. ADDITIONAL INFORMATION UNDER ANNUAL SUBMISSIONS OF
INFORMATION REGARDING INFORMATION TECHNOLOGY
CAPITAL ASSETS.
Section 351 of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2516;
10 U.S.C. 221 note) is amended--
(1) in subsection (a)--
(A) by striking paragraph (1);
(B) by redesignating paragraph (2) as paragraph (1);
(C) in paragraph (1), as so redesignated, by striking ``and
an estimated total life cycle cost'' and inserting ``or an
estimated total cost''; and
(D) by adding at the end the following new paragraph (2):
``(2) Information technology capital assets not covered by
paragraph (1) that have been determined by the Chief
Information Officer of the Department of Defense to be
significant investments.'';
(2) by striking subsection (b);
(3) by redesignating subsection (c) as subsection (b);
(4) in subsection (b), as so redesignated, by striking
``subsection (a)(2)'' and inserting ``subsection (a)(1)'';
(5) by inserting after subsection (b) the following new
subsection (c):
``(c) Required Information for Significant Investments.--
With respect to each information technology capital asset not
covered by paragraph (1) of subsection (a), but covered by
paragraph (2) of that subsection, the Secretary of Defense
shall include such information in a format that is
appropriate to the current status of such asset.''; and
(6) in subsection (d), by striking ``life cycle''.
SEC. 1052. SUBMISSION TO CONGRESS OF REVISION TO REGULATION
ON ENEMY PRISONERS OF WAR, RETAINED PERSONNEL,
CIVILIAN INTERNEES, AND OTHER DETAINEES.
(a) Submission to Congress.--A successor regulation to Army
Regulation 190-8 Enemy Prisoners of War, Retained Personnel,
Civilian Internees and Other Detainees (dated October 1,
1997) may not be carried out or implemented until the date
that is 60 days after the date on which the Secretary of
Defense submits to the Committees on Armed Services of the
Senate and House of Representatives such successor
regulation.
(b) Savings Clause.--Nothing in this section shall affect
the continued effectiveness of Army Regulation 190-8 Enemy
Prisoners of War, Retained Personnel, Civilian Internees and
Other Detainees (dated October 1, 1997).
[[Page 20882]]
SEC. 1053. BARNEGAT INLET TO LITTLE EGG INLET, NEW JERSEY.
(a) Project Modification.--The project for hurricane and
storm damage reduction, Barnegat Inlet to Little Egg Inlet,
New Jersey, authorized by section 101(a)(1) of the Water
Resources Development Act of 2000 (114 Stat. 2576), is
modified to authorize the Secretary of the Army to undertake,
at Federal expense, such measures as the Secretary determines
to be necessary and appropriate in the public interest to
address the handling of munitions placed on the beach during
construction of the project before the date of enactment of
this section.
(b) Treatment of Costs.--Costs incurred in carrying out
subsection (a) shall not be considered to be a cost of
constructing the project.
(c) Credit.--The Secretary shall credit, in accordance with
section 221 of the Flood Control Act of 1970 (42 U.S.C.
1962d-5b), toward the non-Federal share of the cost of the
project the costs incurred by the non-Federal interest with
respect to the removal and handling of the munitions referred
to in subsection (a).
(d) Eligible Activities.--Measures authorized by subsection
(a) include monitoring, removal, and disposal of the
munitions referred to in subsection (a).
SEC. 1054. STANDING ADVISORY PANEL ON IMPROVING COORDINATION
AMONG THE DEPARTMENT OF DEFENSE, THE DEPARTMENT
OF STATE, AND THE UNITED STATES AGENCY FOR
INTERNATIONAL DEVELOPMENT ON MATTERS OF
NATIONAL SECURITY.
(a) Establishment of Advisory Panel.--The Secretary of
Defense, the Secretary of State, and the Administrator of the
United States Agency for International Development (USAID)
may jointly establish an advisory panel to advise, review,
and make recommendations on ways to improve coordination
among the Department of Defense, the Department of State, and
the United States Agency for International Development on
matters relating to national security, including reviewing
their respective roles and responsibilities.
(b) Membership.--
(1) Composition.--The advisory panel shall be composed of
12 members, of whom--
(A) three shall be appointed by the Secretary of Defense,
in consultation with the Secretary of State and the
Administrator;
(B) three shall be appointed by the Secretary of Defense,
with the advice of the Chairman of the Joint Chiefs of Staff,
and in consultation with the Secretary of State and the
Administrator;
(C) three shall be appointed by the Secretary of State, in
consultation with the Secretary of Defense and the
Administrator; and
(D) three shall be appointed by the Administrator, in
consultation with the Secretary of Defense and the Secretary
of State.
(2) Chairman.--The Secretary of Defense, the Secretary of
State, and the Administrator shall jointly designate one
member as chairman.
(3) Vice chairman.--The Secretary of Defense, the Secretary
of State, and the Administrator shall jointly designate one
member as vice chairman. The vice chairman may not be a
member appointed to the advisory panel under paragraph (1) by
the same Secretary or Administrator who appointed the member
under such paragraph who is designated as the chairman under
paragraph (2).
(4) Expertise.--Members of the advisory panel shall be
private citizens of the United States with national
recognition and significant experience in the Federal
Government, the Armed Forces, public administration, foreign
affairs, or development.
(5) Deadline for appointment.--All members of the advisory
panel should be appointed not earlier than January 20, 2009,
and not later than March 20, 2009.
(6) Terms.--The term of each member of the advisory panel
is for the life of the advisory panel.
(7) Vacancies.--A vacancy in the advisory panel shall be
filled not later than 30 days after such vacancy occurs and
in the manner in which the original appointment was made.
(8) Security clearances.--The appropriate departments or
agencies of the Federal Government shall cooperate with the
advisory panel in expeditiously providing to the members and
staff of the advisory panel appropriate security clearances
to the extent possible pursuant to existing procedures and
requirements, except that no person shall be provided with
access to classified information under this section without
the appropriate security clearances.
(9) Status.--A member of the advisory panel who is not
otherwise employed by the Federal Government shall not be
considered to be a Federal employee, except for the purposes
of chapter 81 of title 5, United States Code, and chapter 171
of title 28, United States Code.
(10) Expenses.--The members of the advisory panel shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, while away from
their homes or regular places of business in the performance
of services for the advisory panel.
(c) Meetings and Procedures.--
(1) Initial meeting.--The advisory panel shall conduct its
first meeting not later than 30 days after the date that all
appointments to the advisory panel have been made under
subsection (b).
(2) Meetings.--The advisory panel shall meet not less often
than once every three months. The advisory panel may also
meet at the call of the Secretary of Defense, the Secretary
of State, or the Administrator.
(3) Procedures.--The advisory panel shall carry out its
duties under procedures established under subsection (d).
(d) Support of Federally Funded Research and Development
Center.--If the advisory panel is established under
subsection (a), the Secretary of Defense, in consultation
with the Secretary of State and the Administrator, shall, not
later than 60 days after the date of the final appointment of
the members of the advisory panel pursuant to subsection
(b)(5), enter into a contract with a federally funded
research and development center for the provision of
administrative and logistical support and assistance to the
advisory panel in carrying out its duties under this section.
Such support and assistance shall include the establishment
of the procedures of the advisory panel.
(e) Duties of Panel.--The advisory panel shall--
(1) analyze the roles and responsibilities of the
Department of Defense, the Department of State, and the USAID
regarding--
(A) stability operations;
(B) foreign assistance (including security assistance); and
(C) other areas the Secretary of Defense, the Secretary of
State, and the Administrator jointly agree are appropriate;
(2) review--
(A) the structures and systems that coordinate policy-
making;
(B) the national security-related roles and
responsibilities of the Department of Defense, the Department
of State, USAID, and, as appropriate, other relevant agencies
to ensure effective coordination;
(C) the efforts of the Department of Defense, the
Department of State, USAID, and such other relevant agencies
to ensure that lessons learned and expertise that is
developed in carrying out programs related to national
security are shared among the departments and agencies of the
Federal Government, as appropriate; and
(D) the coordination of activities conducted abroad and
carried out by personnel of the Department of Defense,
Department of State, USAID, and such other relevant agencies;
and
(3) provide advice and make recommendations for otherwise
improving coordination between and among the Department of
Defense, the Department of State and USAID on matters of
national security.
(f) Cooperation of Other Agencies.--Upon request by the
advisory panel, any department or agency of the Federal
Government shall provide information that the advisory panel
considers necessary to carry out its duties.
(g) Reports.--
(1) Interim report.--Not later than 180 days after the
first meeting of the advisory panel, the advisory panel shall
submit to the Secretary of Defense, the Secretary of State,
and the Administrator a report that identifies--
(A) aspects of the interagency structure and processes
relating to matters of national security that should take
priority in any effort to improve the coordination among the
Department of Defense, the Department of State, and USAID;
and
(B) methods to better coordinate the interagency structure
and processes relating to matters of national security.
(2) Annual reports.--Not later than December 31 of the year
in which the interim report is submitted under paragraph (1),
the advisory panel shall submit to the Secretary of Defense,
the Secretary of State, and the Administrator a report on--
(A) the activities of the advisory panel;
(B) any deficiencies relating to coordination among the
Department of Defense, Department of States and USAID and
other relevant agencies on matters of national security;
(C) any improvements made during the period covered by the
report to the coordination among the Department of Defense,
the Department of State, USAID, and other relevant agencies
on matters of national security;
(D) methods to better coordinate the interagency structure
and processes among the Department of Defense, the Department
of State, USAID, and other relevant agencies on matters
relating to national security; and
(E) such findings, conclusions, and recommendations as the
advisory panel considers appropriate.
(3) Submission of report to congress.--The Secretary of
Defense, the Secretary of State, and the Administrator shall
submit to the appropriate congressional committees the
reports required under this subsection and any additional
information considered appropriate.
(4) Congressional briefings.--Not later than 30 days after
the submission of each report required under this subsection,
the members of the advisory panel shall make themselves
available to meet with the appropriate congressional
committees to brief
[[Page 20883]]
such committees on the matters contained in the report.
(5) Appropriate committees.--For the purposes of this
subsection, the appropriate congressional committees are the
following:
(A) The Committees on Foreign Affairs, Armed Services, and
Appropriations of the House of Representatives.
(B) The Committees on Foreign Relations, Armed Services,
and Appropriations of the Senate.
(h) Termination of Advisory Panel.--The advisory panel
shall terminate on December 31, 2012.
(i) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the United States Agency for International
Development.
(2) Stability operations.--The term ``stability
operations'' means stability and reconstruction operations
conducted by departments or agencies of the Federal
Government described by Department of Defense Directive
3000.05, National Security Presidential Directive 1, or
National Security Presidential Directive 44.
(3) Federal agency.--The term ``Federal agency'' means any
entity included in chapter 1 of title 5, United States code.
SEC. 1055. REPORTS ON STRATEGIC COMMUNICATION AND PUBLIC
DIPLOMACY ACTIVITIES OF THE FEDERAL GOVERNMENT.
(a) Report by President.--
(1) Initial report.--Not later than December 31, 2009, the
President shall submit to the appropriate committees of
Congress a report on a comprehensive interagency strategy for
public diplomacy and strategic communication of the Federal
Government, including benchmarks and a timetable for
achieving such benchmarks.
(2) Elements of report.--The report required under
paragraph (1) shall include the following elements:
(A) Strategy.--A comprehensive interagency strategy, which
shall include the following:
(i) Prioritizing the mission of supporting specific foreign
policy objectives, such as counterterrorism and efforts to
combat extremist ideology, in parallel and in complement
with, as appropriate, the broad mission of communicating the
policies and values of the United States to foreign
audiences.
(ii) Consolidating and elevating, as appropriate, Federal
Government leadership to prioritize, manage, and implement
the strategy required by this subsection, including
consideration of whether to establish strategic communication
and public diplomacy positions at the National Security
Council and to establish a single office to coordinate
strategic communication and public diplomacy efforts.
(iii) Improving coordination across departments and
agencies of the Federal Government on strategic
communications and public diplomacy.
(iv) Consideration of whether resources devoted to
strategic communication and public diplomacy efforts should
be increased.
(B) Study.--A study of whether to establish an independent,
not-for-profit organization responsible for providing
independent assessment and strategic guidance to the Federal
Government on strategic communication and public diplomacy,
as recommended by the Task Force on Strategic Communication
of the Defense Science Board.
(C) Roles of departments or agencies of the federal
government.--A description of the respective roles of the
National Security Council, the Department of Defense, and the
Department of State regarding strategic communication and
public diplomacy, including--
(i) a description of the roles of the offices within the
National Security Council, the Department of Defense, and the
Department of State engaged in message outreach to audiences
abroad; and
(ii) an explanation of how the National Security Council,
the Department of Defense, and the Department of State
coordinate strategic communication and public diplomacy
activities.
(3) Subsequent report.--Two years after the submission of
the initial report under paragraph (1), the President shall
submit to the appropriate committees of Congress a report
on--
(A) the status of the implementation of the strategy;
(B) progress toward achievement of benchmarks; and
(C) any changes to the strategy since the submission of the
initial report.
(b) Report by Secretary of Defense.--Not later than
December 31, 2009, the Secretary of Defense shall review, and
submit to the congressional defense committees a report on,
the organizational structure within the Department of Defense
for advising the Secretary on the direction and priorities
for strategic communication activities, including an
assessment of the option of establishing a board, composed of
representatives from among the organizations within the
Department responsible for strategic communications, public
diplomacy, and public affairs, and including advisory members
from the broader interagency community as appropriate, for
purposes of--
(1) providing strategic direction for Department of Defense
efforts related to strategic communications and public
diplomacy; and
(2) setting priorities for the Department of Defense in the
areas of strategic communications and public diplomacy.
(c) Form and Availability of Reports.--
(1) Form.--The reports required by this section may be
submitted in a classified form.
(2) Availability.--Any unclassified portions of the reports
required by this section shall be made available to the
public.
(d) Appropriate Committees.--For the purposes of this
section, the appropriate committees of Congress are the
following:
(1) The Committees on Foreign Relations, Armed Services,
and Appropriations of the Senate.
(2) The Committees on Foreign Affairs, Armed Services, and
Appropriations of the House of Representatives.
SEC. 1056. PROHIBITIONS RELATING TO PROPAGANDA.
(a) Prohibition.--No part of any funds authorized to be
appropriated in this or any other Act shall be used by the
Department of Defense for publicity or propaganda purposes
within the United States not otherwise specifically
authorized by law.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Inspector General of the
Department of Defense shall submit to Congress a report on
the findings of their project number D2008-DIPOEF-0209.000,
entitled ``Examination of Allegations Involving DoD Office of
Public Affairs Outreach Program''.
(c) Legal Opinion.--Not later than 120 days after the date
of the enactment of this Act, the Comptroller General of the
United States shall issue a legal opinion to Congress on
whether the Department of Defense violated appropriations
prohibitions on publicity or propaganda activities
established in Public Laws 107-117, 107-248, 108-87, 108-287,
109-148, 109-289, and 110-116, the Department of Defense
Appropriations Acts for fiscal years 2002 through 2008,
respectively, by offering special access to prominent persons
in the private sector who serve as media analysts, including
briefings and information on war efforts, meetings with high
level government officials, and trips to Iraq and Guantanamo
Bay, Cuba.
(d) Rule of Construction Related to Intelligence
Activities.--Nothing in this section shall be construed to
apply to any lawful and authorized intelligence activity of
the United States Government.
SEC. 1057. SENSE OF CONGRESS ON INTERROGATION OF DETAINEES BY
CONTRACTOR PERSONNEL.
It is the sense of Congress that--
(1) the interrogation of enemy prisoners of war, civilian
internees, retained persons, other detainees, terrorists, and
criminals when captured, transferred, confined, or detained
during or in the aftermath of hostilities is an inherently
governmental function and cannot appropriately be transferred
to private sector contractors;
(2) not later than one year after the date of the enactment
of this Act, the Secretary of Defense should develop the
resources needed to ensure that interrogations described in
paragraph (1) can be conducted by government personnel and
not by private sector contractors; and
(3) properly trained and cleared contractors may
appropriately be used as linguists, interpreters, report
writers, information technology technicians, and other
employees filling ancillary positions, if the private sector
contractors are subject to the same rules, procedures,
policies, and laws pertaining to detainee operations and
interrogations that govern the execution of these positions
by government personnel.
SEC. 1058. SENSE OF CONGRESS WITH RESPECT TO VIDEOTAPING OR
OTHERWISE ELECTRONICALLY RECORDING STRATEGIC
INTELLIGENCE INTERROGATIONS OF PERSONS IN THE
CUSTODY OF OR UNDER THE EFFECTIVE CONTROL OF
THE DEPARTMENT OF DEFENSE.
(a) In General.--It is the sense of Congress that the
Secretary of Defense should take such actions as are
necessary to ensure that each strategic intelligence
interrogation of any person who is in the custody or under
the effective control of the Department of Defense or under
detention in a Department of Defense facility is videotaped
or otherwise electronically recorded.
(b) Strategic Intelligence Interrogation Defined.--For
purposes of this section, the term ``strategic intelligence
interrogation'' means an interrogation of a person described
in subsection (a) conducted at a theater-level detention
facility.
SEC. 1059. MODIFICATION OF DEADLINES FOR STANDARDS REQUIRED
FOR ENTRY TO MILITARY INSTALLATIONS IN THE
UNITED STATES.
Section 1069(c) of the National Defense Authorization Act
of Fiscal Year 2008 (Public Law 110-181; 122 Stat. 327) is
amended--
(1) in paragraph (1)--
(A) by striking ``July 1, 2008'' and inserting ``February
1, 2009''; and
(B) by striking ``January 1, 2009'' and inserting ``October
1, 2010''; and
(2) in paragraph (2), by striking ``implemented'' and
inserting ``developed''.
[[Page 20884]]
SEC. 1060. EXTENSION OF CERTAIN DATES FOR CONGRESSIONAL
COMMISSION ON THE STRATEGIC POSTURE OF THE
UNITED STATES.
(a) Extension of Dates.--Section 1062 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181) is amended--
(1) in subsection (e), by striking ``December 1, 2008'' and
inserting ``April 1, 2009''; and
(2) in subsection (g), by striking ``June 1, 2009'' and
inserting ``September 30, 2009''.
(b) Interim Report.--Not later than December 1, 2008, the
Congressional Commission on the Strategic Posture of the
United States shall submit to the President, the Secretary of
Defense, the Secretary of Energy, the Secretary of State, the
Committee on Armed Services of the Senate, and the Committee
on Armed Services of the House of Representatives an interim
report on the commission's initial findings, conclusions, and
recommendations. To the extent practicable, the interim
report shall address the matters required to be included in
the report under subsection (e) of such section 1062.
SEC. 1061. TECHNICAL AND CLERICAL AMENDMENTS.
(a) Title 10, United States Code.--Title 10, United States
Code, is amended as follows:
(1) The table of sections at the beginning of chapter 2 is
amended by inserting after the item relating to 118a the
following new item:
``118b. Quadrennial roles and missions review.''.
(2) The table of sections at the beginning of chapter 5 is
amended in the item relating to section 156 by inserting a
period at the end.
(3) The table of sections at the beginning of chapter 7 is
amended in the item relating to section 183 by inserting a
period at the end.
(4) Section 1477(e) is amended by inserting a period at the
end.
(5) Section 2192a is amended--
(A) in subsection (e)(4), by striking ``title 11, United
States Code,'' and inserting ``title 11''; and
(B) in subsection (f), by striking ``title 10, United
States Code'' and inserting ``this title''.
(6) The table of chapters at the beginning of subtitle C,
and the table of chapters at the beginning of part IV of such
subtitle, are each amended by striking the item relating to
chapter 667 and inserting the following new item:
``667. Issue of Serviceable Material Other Than to Armed For7911''.....
(b) National Defense Authorization Act for Fiscal Year
2008.--Effective as of January 28, 2008, and as if included
therein as enacted, the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181) is amended as
follows:
(1) Section 371(c) (122 Stat. 80) is amended by striking ``
`operational strategies' '' and inserting `` `operational
systems' ''.
(2) Section 585(b)(3)(C) (122 Stat. 132) is amended by
inserting ``both places it appears'' before the period at the
end.
(3) Section 703(b) (122 Stat. 103) is amended by striking
``as amended by'' and inserting ``as inserted by''.
(4) Section 805(a) (122 Stat. 212) is amended by striking
``Act ,'' and inserting ``Act,''.
(5) Section 883(b) (122 Stat. 264) is amended by striking
``Section 832(c)(1) of such Act, as redesignated by
subsection (a), is amend by'' and inserting ``Section
832(b)(1) of such Act is amended by''.
(6) Section 890(d)(2) (122 Stat. 270) is amended by
striking ``sections'' and inserting ``parts''.
(7) Section 904(a)(4) (122 Stat. 274) is amended by
striking ``131(b)(2)'' and inserting ``131(b)''.
(8) Section 954(a)(3)(B) (122 Stat. 294) is amended by
inserting ``, as redesignated by section 524(a)(1)(A),''
after ``of such title''.
(9) Section 954(b)(2) (122 Stat. 294) is amended--
(A) by striking ``2114(e) of such title'' and inserting
``2114(f) of such title, as redesignated by section
524(a)(1)(A),''; and
(B) by striking the period at the end and inserting ``and
inserting `President'.''.
(10) Section 1063(d)(1) (122 Stat. 323) is amended by
striking ``a semicolon after `subsection' '' and inserting
``a comma after `subsection' ''.
(11) Section 1229(i)(3) (122 Stat. 383) is amended by
striking ``publically'' and inserting ``publicly''.
(12) Section 1422(e)(2) (122 Stat. 422) is amended by
striking ``subsection (c)'' and inserting ``subsection
(c)(1)''.
(13) Section 1602(4) (122 Stat. 432) is amended by striking
``section 411 h(b)'' and inserting ``section 411h(b)(1)''.
(14) Section 1617(b) (122 Stat. 449) is amended by striking
``by adding at the end'' and inserting ``by inserting after
the item relating to section 1074k''.
(15) Section 2106 (122 Stat. 508) is amended by striking
``for 2007'' both places it appears and inserting ``for
Fiscal Year 2007''.
(16) Section 2826(a)(2)(A) (122 Stat. 546) is amended by
striking `` `Secretary of the Army' '' and inserting ``
`Secretary of Army' ''.
(c) Title 31, United States Code.--Title 31, United States
Code, is amended as follows:
(1) Chapter 35 is amended by striking the first section
3557.
(2) The second section 3557 is amended in the section
heading by striking ``Public-Private'' and inserting
``public-private''.
(3) The table of sections at the beginning of chapter 35 is
amended by striking the second item relating to section 3557.
(d) Title 28, United States Code.--Section 1491(b) of title
28, United States Code, is amended by striking the first
paragraph (5).
(e) Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005.--Section 721(e) of the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005
(Public Law 108-375; 118 Stat. 1988; 10 U.S.C. 1092 note) is
amended by striking ``fiscal years 2005'' and all that
follows through ``2010'' and inserting ``fiscal years 2005
through 2010''.
SEC. 1062. NOTIFICATION OF COMMITTEES ON ARMED SERVICES WITH
RESPECT TO CERTAIN NONPROLIFERATION AND
PROLIFERATION ACTIVITIES.
(a) Notification With Respect to Nonproliferation
Activities.--The Secretary of Defense, the Secretary of
Energy, the Secretary of Commerce, the Secretary of State,
and the Nuclear Regulatory Commission shall keep the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives informed
with respect to--
(1) any activities undertaken by any such Secretary or the
Commission to carry out the purposes and policies of the
Secretaries and the Commission with respect to
nonproliferation programs; and
(2) any other activities undertaken by any such Secretary
or the Commission to prevent the proliferation of nuclear,
chemical, or biological weapons or the means of delivery of
such weapons.
(b) Notification With Respect to Proliferation Activities
in Foreign Nations.--
(1) In general.--The Director of National Intelligence
shall keep the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of
Representatives fully and currently informed with respect to
any activities of foreign nations that are significant with
respect to the proliferation of nuclear, chemical, or
biological weapons or the means of delivery of such weapons.
(2) Fully and currently informed defined.--For purposes of
paragraph (1), the term ``fully and currently informed''
means the transmittal of credible information with respect to
an activity described in such paragraph not later than 60
days after becoming aware of the activity.
SEC. 1063. ASSESSMENT OF SECURITY MEASURES AT CONSOLIDATED
CENTER FOR NORTH AMERICAN AEROSPACE DEFENSE
COMMAND AND UNITED STATES NORTHERN COMMAND.
(a) Assessment Required.--The Secretary of Defense shall
conduct an assessment of the adequacy of security measures
for the consolidated command center for North American
Aerospace Defense Command and United States Northern Command
at Peterson Air Force Base, Colorado.
(b) Elements.--The assessment required in paragraph (a)
shall include the following:
(1) A description of the security measures taken and
planned for the consolidated command center as of October 1,
2008.
(2) An assessment of whether existing and planned security
measures for the consolidated command center are adequate to
provide the necessary level of protection.
(3) An estimate of the total costs associated with such
security measures adequate to provide the necessary level of
protection.
(c) Report Required.--Not later than March 1, 2009, the
Secretary of Defense shall submit to the congressional
defense committees a report containing the results of the
assessment required in subsection (a).
(d) Additional Requirement.--The Secretary of Defense shall
ensure that redundant facilities and equipment, along with
the appropriate manning necessary to ensure the continuity of
operations, are maintained at Cheyenne Mountain Air Force
Station until the Secretary certifies that security measures
have been instituted that bring the consolidated command
center for North American Aerospace Defense Command and
United States Northern Command into full compliance with
Protection Level One requirements, as defined by Air Force
Instruction 31-101, dated March 1, 2007.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Authority to waive annual limitation on premium pay and
aggregate limitation on pay for Federal civilian
employees working overseas.
Sec. 1102. Temporary discretionary authority to grant allowances,
benefits, and gratuities to personnel on official duty in
a combat zone.
Sec. 1103. Election of insurance coverage by Federal civilian employees
deployed in support of a contingency operation.
Sec. 1104. Extension of authority to make lump-sum severance payments.
Sec. 1105. Extension of voluntary reduction-in-force authority of
Department of Defense.
Sec. 1106. Enhancement of authorities relating to additional positions
under the national security personnel system.
[[Page 20885]]
Sec. 1107. Expedited hiring authority for health care professionals.
Sec. 1108. Direct hire authority at personnel demonstration
laboratories for certain candidates.
Sec. 1109. Status reports relating to laboratory personnel
demonstration projects.
Sec. 1110. Technical amendment relating to definition of professional
accounting position for purposes of certification and
credentialing standards.
Sec. 1111. Exceptions and adjustments to limitations on personnel and
reports on such exceptions and adjustments.
SEC. 1101. AUTHORITY TO WAIVE ANNUAL LIMITATION ON PREMIUM
PAY AND AGGREGATE LIMITATION ON PAY FOR FEDERAL
CIVILIAN EMPLOYEES WORKING OVERSEAS.
(a) Waiver Authority.--During calendar year 2009, and
notwithstanding section 5547 of title 5, United States Code,
the head of an Executive agency may waive the premium pay
limitations established in that section up to the annual rate
of salary payable to the Vice President under section 104 of
title 3, United States Code, for an employee who performs
work while in an overseas location that is in the area of
responsibility of the Commander of the United States Central
Command, or an overseas location that was formerly in the
area of responsibility of the Commander of the United States
Central Command but has been moved to the area of
responsibility of the Commander of the United States Africa
Command, in direct support of, or directly related to--
(1) a military operation, including a contingency
operation; or
(2) an operation in response to a national emergency
declared by the President.
(b) Applicability of Aggregate Limitation on Pay.--Section
5307 of title 5, United States Code, shall not apply to any
employee in any calendar year in which that employee is
granted a waiver under subsection (a).
(c) Additional Pay Not Considered Basic Pay.--To the extent
that a waiver under subsection (a) results in payment of
additional premium pay of a type that is normally creditable
as basic pay for retirement or any other purpose, such
additional pay shall not be considered to be basic pay for
any purpose, nor shall it be used in computing a lump-sum
payment for accumulated and accrued annual leave under
section 5551 of title 5, United States Code.
(d) Regulations.--The Director of the Office of Personnel
Management may issue regulations to ensure appropriate
consistency among heads of executive agencies in the exercise
of authority granted by this section.
SEC. 1102. TEMPORARY DISCRETIONARY AUTHORITY TO GRANT
ALLOWANCES, BENEFITS, AND GRATUITIES TO
PERSONNEL ON OFFICIAL DUTY IN A COMBAT ZONE.
(a) In General.--Section 1603(a) of the Emergency
Supplemental Appropriations Act for Defense, the Global War
on Terror, and Hurricane Recovery, 2006 (Public Law 109-234;
120 Stat. 443) is amended--
(1) by striking ``During fiscal years 2006, 2007, and
2008'' and inserting ``(1) During fiscal years 2006
(including the period beginning on October 1, 2005, and
ending on June 15, 2006), 2007, and 2008''; and
(2) by adding at the end the following:
``(2) During fiscal years 2009, 2010, and 2011, the head of
an agency may, in the agency head's discretion, provide to an
individual employed by, or assigned or detailed to, such
agency allowances, benefits, and gratuities comparable to
those provided by the Secretary of State to members of the
Foreign Service under section 413 and chapter 9 of title I of
the Foreign Service Act of 1980, if such individual is on
official duty in a combat zone (as defined by section 112(c)
of the Internal Revenue Code of 1986).''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect as if included in the enactment of the
Emergency Supplemental Appropriations Act for Defense, the
Global War on Terror, and Hurricane Recovery, 2006 (Public
Law 109-234).
SEC. 1103. ELECTION OF INSURANCE COVERAGE BY FEDERAL CIVILIAN
EMPLOYEES DEPLOYED IN SUPPORT OF A CONTINGENCY
OPERATION.
(a) Automatic Coverage.--Section 8702(c) of title 5, United
States Code, is amended--
(1) by inserting ``an employee who is deployed in support
of a contingency operation (as that term is defined in
section 101(a)(13) of title 10) or'' after ``subsection
(b),''; and
(2) by striking ``the date of the'' and inserting ``the
date of notification of deployment or''.
(b) Optional Insurance.--Section 8714a(b) of such title is
amended--
(1) by designating the text as paragraph (2); and
(2) by inserting before paragraph (2), as so designated,
the following new paragraph (1):
``(1) An employee who is deployed in support of a
contingency operation (as that term is defined in section
101(a)(13) of title 10) or an employee of the Department of
Defense who is designated as emergency essential under
section 1580 of title 10 shall be insured under the policy of
insurance under this section if the employee, within 60 days
after the date of notification of deployment or designation,
elects to be insured under the policy of insurance. An
election under this paragraph shall be effective when
provided to the Office in writing, in the form prescribed by
the Office, within such 60-day period.''.
(c) Additional Optional Life Insurance.--Section 8714b(b)
of such title is amended--
(1) by designating the text as paragraph (2); and
(2) by inserting before paragraph (2), as so designated,
the following new paragraph (1):
``(1) An employee who is deployed in support of a
contingency operation (as that term is defined in section
101(a)(13) of title 10) or an employee of the Department of
Defense who is designated as emergency essential under
section 1580 of title 10 shall be insured under the policy of
insurance under this section if the employee, within 60 days
after the date of notification of deployment or designation,
elects to be insured under the policy of insurance. An
election under this paragraph shall be effective when
provided to the Office in writing, in the form prescribed by
the Office, within such 60-day period.''.
SEC. 1104. EXTENSION OF AUTHORITY TO MAKE LUMP-SUM SEVERANCE
PAYMENTS.
Section 5595(i)(4) of title 5, United States Code, is
amended by striking ``October 1, 2010'' and inserting
``October 1, 2014''.
SEC. 1105. EXTENSION OF VOLUNTARY REDUCTION-IN-FORCE
AUTHORITY OF DEPARTMENT OF DEFENSE.
Section 3502(f)(5) of title 5, United States Code, is
amended by striking ``September 30, 2010'' and inserting
``September 30, 2014''.
SEC. 1106. ENHANCEMENT OF AUTHORITIES RELATING TO ADDITIONAL
POSITIONS UNDER THE NATIONAL SECURITY PERSONNEL
SYSTEM.
Section 9902(i) of title 5, United States Code, is
amended--
(1) in paragraph (1), by striking ``the requirements of
chapter 71 and the limitations in subsection (b)(3)'' and
inserting ``the requirements and limitations in paragraph
(3)''; and
(2) by striking the period at the end of paragraph (2) and
inserting ``, in a manner comparable to that in which such
provisions are applied under chapter 33.
``(3) Any action taken by the Secretary pursuant to the
authority of this subsection shall be subject to--
``(A) the requirements of chapter 71; and
``(B) the limitations in subsection (b)(3), except that the
requirements of chapter 33 may be waived to the extent
necessary to achieve the purposes of this subsection.''.
SEC. 1107. EXPEDITED HIRING AUTHORITY FOR HEALTH CARE
PROFESSIONALS.
(a) Expedited Hiring Authority.--Section 1599c(a) of title
10, United States Code, is amended--
(1) by inserting ``(1)'' before ``The Secretary of Defense
may''; and
(2) by adding at the end the following new paragraph:
``(2)(A) For purposes of sections 3304, 5333, and 5753 of
title 5, the Secretary of Defense may--
``(i) designate any category of medical or health
professional positions within the Department of Defense as
shortage category positions; and
``(ii) utilize the authorities in such sections to recruit
and appoint highly qualified persons directly to positions so
designated.
``(B) In using the authority provided by this paragraph,
the Secretary shall apply the principles of preference for
the hiring of veterans and other persons established in
subchapter 1 of chapter 33 of title 5.''.
(b) Termination of Authority.--Section 1599c(c) of such
title is amended--
(1) by inserting ``(1)'' before ``The authority of'';
(2) by striking ``September 30, 2010'' and inserting
``September 30, 2012''; and
(3) by adding at the end the following new paragraph:
``(2) The Secretary may not appoint a person to a position
of employment under subsection (a)(2) after September 30,
2012.''.
SEC. 1108. DIRECT HIRE AUTHORITY AT PERSONNEL DEMONSTRATION
LABORATORIES FOR CERTAIN CANDIDATES.
(a) Authority.--The Secretary of Defense may appoint
qualified candidates possessing an advanced degree to
positions described in subsection (b) without regard to the
provisions of subchapter I of chapter 33 of title 5, United
States Code, other than sections 3303 and 3328 of such title.
(b) Applicability.--This section applies with respect to
candidates for scientific and engineering positions within
any laboratory identified in section 9902(c)(2) of title 5,
United States Code.
(c) Limitation.--(1) Authority under this section may not,
in any calendar year and with respect to any laboratory, be
exercised with respect to a number of candidates greater than
the number equal to 2 percent of the total number of
scientific and engineering positions within such laboratory
that are filled as of the close of the fiscal year last
ending before the start of such calendar year.
(2) For purposes of this subsection, positions and
candidates shall be counted on a full-time equivalent basis.
[[Page 20886]]
(d) Employee Defined.--As used in this section, the term
``employee'' has the meaning given such term by section 2105
of title 5, United States Code.
(e) Termination.--The authority to make appointments under
this section shall not be available after December 31, 2013.
SEC. 1109. STATUS REPORTS RELATING TO LABORATORY PERSONNEL
DEMONSTRATION PROJECTS.
Section 1107 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 357) is
amended by adding at the end the following:
``(e) Status Reports.--
``(1) In general.--Not later than 45 days after the date of
the enactment of this Act and not later than March 1 of each
year beginning after the date on which the first report under
this subsection is submitted, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a report providing, with respect to
the year before the year in which such report is submitted,
the information described in paragraph (2).
``(2) Information required.--Each report under this
subsection shall describe the following:
``(A) The actions taken by the Secretary of Defense under
subsection (a) during the year covered by the report.
``(B) The progress made by the Secretary of Defense during
such year in developing and implementing the plan required by
subsection (b), including the anticipated date for completion
of such plan and a list and description of any issues
relating to the development or implementation of such plan.
``(C) With respect to any applications by any Department of
Defense laboratories seeking to be designated as a
demonstration laboratory or to otherwise obtain any of the
personnel flexibilities available to a demonstration
laboratory--
``(i) the number of applications that were received,
pending, or acted on during such year;
``(ii) the status or disposition of any applications under
clause (i), including, in the case of any application on
which a final decision was rendered, the laboratory involved,
what the laboratory had requested, the decision reached, and
the reasons for the decision; and
``(iii) in the case of any applications under clause (i) on
which a final decision was not rendered, the date by which a
final decision is anticipated.
``(3) Definition.--For purposes of this subsection, the
term `demonstration laboratory' means a laboratory designated
by the Secretary of Defense under the provisions of section
342(b) of the National Defense Authorization Act for Fiscal
Year 1995 (as cited in subsection (a)).''.
SEC. 1110. TECHNICAL AMENDMENT RELATING TO DEFINITION OF
PROFESSIONAL ACCOUNTING POSITION FOR PURPOSES
OF CERTIFICATION AND CREDENTIALING STANDARDS.
Section 1599d(e) of title 10, United States Code, is
amended by striking ``GS-510, GS-511, and GS-505'' and
inserting ``0505, 0510, 0511, or equivalent''.
SEC. 1111. EXCEPTIONS AND ADJUSTMENTS TO LIMITATIONS ON
PERSONNEL AND REPORTS ON SUCH EXCEPTIONS AND
ADJUSTMENTS.
(a) Exception to Limitations on Personnel.--For fiscal year
2009 and fiscal years thereafter, the baseline personnel
limitations in sections 143, 194, 3014, 5014, and 8014 of
title 10, United States Code (as adjusted pursuant to
subsection (b)), shall not apply to--
(1) acquisition personnel hired pursuant to the expedited
hiring authority provided in section 1705(h) of title 10,
United States Code, as amended by section 821 of this Act, or
otherwise hired with funds in the Department of Defense
Acquisition Workforce Development Fund established in
accordance with section 1705(a) of such title; or
(2) personnel hired pursuant to a shortage category
designation by the Secretary of Defense or the Director of
the Office of Personnel Management.
(b) Authority to Adjust Limitations on Personnel.--For
fiscal year 2009 and for four fiscal years thereafter, the
Secretary of Defense or a secretary of a military department
may adjust the baseline personnel limitations in sections
143, 194, 3014, 5014 and 8014 of title 10, United States
Code, to--
(1) fill a gap in the civilian workforce of the Department
of Defense identified by the Secretary of Defense in a
strategic human capital plan submitted to Congress in
accordance with the requirements of--
(A) section 1122 of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 10 U.S.C. prec.
1580 note);
(B) section 1102 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364;
120 Stat. 2407); or
(C) section 851 of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. note
prec. 1580); or
(2) accommodate increases in workload or modify the type of
personnel required to accomplish work, for any purpose
described in paragraphs (1) through (4) of subsection (c).
(c) Limitation on Authority to Adjust Limitations on
Personnel.--The Secretary of Defense or the secretary of a
military department may not increase a baseline personnel
limitation under paragraph (2) of subsection (b) by more than
5 percent in a fiscal year. An increase in a baseline
personnel limitation under such paragraph may be made for any
of the following purposes:
(1) Performance of inherently governmental functions.
(2) Performance of work pursuant to section 2463 of title
10 United States Code.
(3) Ability to maintain sufficient organic expertise and
technical capability.
(4) Performance of work that, while the position may not
exercise an inherently governmental function, nevertheless
should be performed only by officers or employees of the
Federal Government or members of the Armed Forces because of
the critical nature of the work.
(d) Report Required.--The Secretary of Defense shall submit
a report to the congressional defense committees on the
implementation of this section at the same time that the
defense budget materials for each of the four fiscal years
after fiscal year 2009 are presented to Congress. The report
shall include the following information regarding the
implementation of this section during the preceding fiscal
year:
(1) The average number of military personnel, civilian
employees of the Department of Defense, and contractor
employees assigned to or detailed to permanent duty in--
(A) the Office of the Secretary of Defense;
(B) the management headquarters activities and management
headquarters support activities in the Defense Agencies and
Department of Defense Field Activities;
(C) the Office of the Secretary of the Army and the Army
Staff;
(D) the Office of the Secretary of the Navy, the Office of
Chief of Naval Operations, and the Headquarters, Marine
Corps; and
(E) the Office of the Secretary of the Air Force and the
Air Staff.
(2) An estimate of the number of personnel hired pursuant
to an exception in subsection (a) in each office described in
subparagraphs (A) through (E) of paragraph (1).
(3) The amount of any adjustment in the limitation on
personnel made by the Secretary of Defense or the secretary
of a military department, and, for each adjustment made
pursuant to subsection (b)(2), the purpose of the adjustment.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Extension of authority to build the capacity of the Pakistan
Frontier Corps.
Sec. 1202. Availability across fiscal years of funds for military-to-
military contacts and comparable activities.
Sec. 1203. Availability across fiscal years of funds to pay incremental
expenses for participation of developing countries in
combined exercises.
Sec. 1204. Extension of temporary authority to use acquisition and
cross-servicing agreements to lend military equipment for
personnel protection and survivability.
Sec. 1205. Authority for distribution to certain foreign personnel of
education and training materials and information
technology to enhance military interoperability with the
Armed Forces.
Sec. 1206. Modification and extension of authorities relating to
program to build the capacity of foreign military forces.
Sec. 1207. Extension of authority and increased funding for security
and stabilization assistance.
Sec. 1208. Extension and expansion of authority for support of special
operations to combat terrorism.
Sec. 1209. Increase in amount available for costs of education and
training of foreign military forces under Regional
Defense Combating Terrorism Fellowship Program.
Subtitle B--Matters Relating to Iraq and Afghanistan
Sec. 1211. Limitation on availability of funds for certain purposes
relating to Iraq.
Sec. 1212. Report on status of forces agreements between the United
States and Iraq.
Sec. 1213. Strategy for United States-led Provincial Reconstruction
Teams in Iraq.
Sec. 1214. Commanders' Emergency Response Program.
Sec. 1215. Performance monitoring system for United States-led
Provincial Reconstruction Teams in Afghanistan.
Sec. 1216. Report on command and control structure for military forces
operating in Afghanistan.
Sec. 1217. Reports on enhancing security and stability in the region
along the border of Afghanistan and Pakistan.
Sec. 1218. Study and report on Police Transition Teams to train,
assist, and advise units of the Iraqi Police Service.
[[Page 20887]]
Subtitle C--Other Matters
Sec. 1231. Payment of personnel expenses for multilateral cooperation
programs.
Sec. 1232. Participation of the Department of Defense in multinational
military centers of excellence.
Sec. 1233. Review of security risks of participation by defense
contractors in certain space activities of the People's
Republic of China.
Sec. 1234. Report on Iran's capability to produce nuclear weapons.
Sec. 1235. Employment for resettled Iraqis.
Sec. 1236. Extension and modification of updates on report on claims
relating to the bombing of the Labelle Discotheque.
Sec. 1237. Report on utilization of certain global partnership
authorities.
Sec. 1238. Modification and repeal of requirement to submit certain
annual reports to Congress regarding allied contributions
to the common defense.
Subtitle A--Assistance and Training
SEC. 1201. EXTENSION OF AUTHORITY TO BUILD THE CAPACITY OF
THE PAKISTAN FRONTIER CORPS.
(a) Authority.--Subsection (a) of section 1206 of the
National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 122 Stat. 366) is amended by striking
``during fiscal year 2008'' and inserting ``during fiscal
years 2008 and 2009''.
(b) Funding Limitation.--Subsection (c)(1) of such section
is amended by inserting after ``fiscal year 2008'' the
following: ``and up to $25,000,000 of funds available to the
Department of Defense for operation and maintenance for
fiscal year 2009''.
SEC. 1202. AVAILABILITY ACROSS FISCAL YEARS OF FUNDS FOR
MILITARY-TO-MILITARY CONTACTS AND COMPARABLE
ACTIVITIES.
(a) In General.--Section 168(e) of title 10, United States
Code, is amended by adding at the end the following new
paragraph:
``(5) Funds available to carry out this section shall be
available, to the extent provided in appropriations Acts, for
programs or activities under this section that begin in a
fiscal year and end in the following fiscal year.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2008, and shall apply with
respect to programs and activities under section 168 of title
10, United States Code, as so amended, that begin on or after
that date.
SEC. 1203. AVAILABILITY ACROSS FISCAL YEARS OF FUNDS TO PAY
INCREMENTAL EXPENSES FOR PARTICIPATION OF
DEVELOPING COUNTRIES IN COMBINED EXERCISES.
(a) In General.-- Section 2010 of title 10, United States
Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Funds available to carry out this section shall be
available, to the extent provided in appropriations Acts, for
bilateral or multilateral military exercises that begin in a
fiscal year and end in the following fiscal year.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on October 1, 2008, and shall apply with
respect to bilateral and multilateral military exercises
described in section 2010 of title 10, United States Code, as
so amended, that begin on or after that date.
SEC. 1204. EXTENSION OF TEMPORARY AUTHORITY TO USE
ACQUISITION AND CROSS-SERVICING AGREEMENTS TO
LEND MILITARY EQUIPMENT FOR PERSONNEL
PROTECTION AND SURVIVABILITY.
(a) Semiannual Reports to Congressional Committees.--
Subsection (b)(3) of section 1202 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law
109-364; 120 Stat. 2412) is amended by adding at the end the
following new subparagraph:
``(E) With respect to equipment provided to each foreign
force that is not returned to the United States, a
description of the terms of disposition of the equipment to
the foreign force.
``(F) The percentage of equipment provided to foreign
forces under the authority of this section that is not
returned to the United States.''.
(b) Expiration.--Subsection (e) of such section, as amended
by section 1252(b) of National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 402), is
further amended by striking ``September 30, 2009'' and
inserting ``September 30, 2011''.
SEC. 1205. AUTHORITY FOR DISTRIBUTION TO CERTAIN FOREIGN
PERSONNEL OF EDUCATION AND TRAINING MATERIALS
AND INFORMATION TECHNOLOGY TO ENHANCE MILITARY
INTEROPERABILITY WITH THE ARMED FORCES.
(a) Authority for Distribution.--
(1) In general.--Subchapter I of chapter 134 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2249d. Distribution to certain foreign personnel of
education and training materials and information technology
to enhance military interoperability with the armed forces
``(a) Distribution Authorized.--To enhance interoperability
between the armed forces and military forces of friendly
foreign nations, the Secretary of Defense, with the
concurrence of the Secretary of State, may--
``(1) provide to personnel referred to in subsection (b)
electronically-distributed learning content for the education
and training of such personnel for the development or
enhancement of allied and friendly military and civilian
capabilities for multinational operations, including joint
exercises and coalition operations; and
``(2) provide information technology, including computer
software developed for such purpose, but only to the extent
necessary to support the use of such learning content for the
education and training of such personnel.
``(b) Authorized Recipients.--The personnel to whom
learning content and information technology may be provided
under subsection (a) are military and civilian personnel of a
friendly foreign government, with the permission of that
government.
``(c) Education and Training.--Any education and training
provided under subsection (a) shall include the following:
``(1) Internet-based education and training.
``(2) Advanced distributed learning and similar Internet
learning tools, as well as distributed training and computer-
assisted exercises.
``(d) Applicability of Export Control Regimes.--The
provision of learning content and information technology
under this section shall be subject to the provisions of the
Arms Export Control Act (22 U.S.C. 2751 et seq.) and any
other export control regime under law relating to the
transfer of military technology to foreign nations.
``(e) Guidance on Utilization of Authority.--
``(1) Guidance required.--The Secretary of Defense shall
develop and issue guidance on the procedures for the use of
the authority in this section.
``(2) Modification.--If the Secretary modifies the guidance
issued under paragraph (1), the Secretary shall submit to the
appropriate committees of Congress a report setting forth the
modified guidance not later than 30 days after the date of
such modification.
``(f) Annual Report.--
``(1) Report required.--Not later than October 31 following
each fiscal year in which the authority in this section is
used, the Secretary of Defense shall submit to the
appropriate committees of Congress a report on the exercise
of the authority during such fiscal year.
``(2) Elements.--Each report under paragraph (1) shall
include, for the fiscal year covered by such report, the
following:
``(A) A statement of the recipients of learning content and
information technology provided under this section.
``(B) A description of the type, quantity, and value of the
learning content and information technology provided under
this section.
``(g) Appropriate Committees of Congress Defined.--In this
section, the term `appropriate committees of Congress'
means--
``(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
``(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter I of chapter 134 of such title is
amended by adding at the end the following new item:
``2249d. Distribution to certain foreign personnel of education and
training materials and information technology to enhance
military interoperability with the armed forces.''.
(b) Guidance on Utilization of Authority.--
(1) Submittal to congress.--Not later than 30 days after
issuing the guidance required by section 2249d(e) of title
10, United States Code, as added by subsection (a), the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report setting forth such guidance.
(2) Utilization of similar guidance.--In developing the
guidance required by section 2249d(e) of title 10, United
States Code, as so added, the Secretary may utilize
applicable portions of the current guidance developed by the
Secretary under subsection (f) of section 1207 of the John
Warner National Defense Authorization Act for Fiscal Year
2007 (Public Law 109-364; 120 Stat. 2419) for purposes of the
exercise of the authority in such section 1207.
(c) Repeal of Superseded Authority.--
(1) In general.--Section 1207 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 is repealed.
(2) Submittal of final report on exercise of authority.--If
the Secretary of Defense exercised the authority in section
1207 of the John Warner National Defense Authorization Act
for Fiscal Year 2007 during fiscal year 2008, the Secretary
shall submit the report required by subsection (g) of such
section for such fiscal year in accordance
[[Page 20888]]
with the provisions of such subsection (g) without regard to
the repeal of such section under paragraph (1).
(d) Effective Date.--This section and the amendments made
by this section shall take effect on October 1, 2008.
SEC. 1206. MODIFICATION AND EXTENSION OF AUTHORITIES RELATING
TO PROGRAM TO BUILD THE CAPACITY OF FOREIGN
MILITARY FORCES.
(a) Building of Capacity of Additional Foreign Forces.--
Subsection (a) of section 1206 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163;
119 Stat. 3456), as amended by section 1206 of the John
Warner National Defense Authorization Act for Fiscal Year
2007 (Public Law 109-364; 120 Stat. 2418), is further amended
by striking ``a program'' and all that follows and inserting
``a program or programs as follows:
``(1) To build the capacity of a foreign country's national
military forces in order for that country to--
``(A) conduct counterterrorism operations; or
``(B) participate in or support military and stability
operations in which the United States Armed Forces are
participating.
``(2) To build the capacity of a foreign country's maritime
security forces to conduct counterterrorism operations.''.
(b) Funding.--Subsection (c) of such section, as so
amended, is further amended--
(1) in paragraph (1), by striking ``$300,000,000'' and
inserting ``$350,000,000''; and
(2) by adding at the end the following new paragraph:
``(4) Availability of funds for activities across fiscal
years.--Amounts available under this subsection for the
authority in subsection (a) for a fiscal year may be used for
programs under that authority that begin in such fiscal year
but end in the next fiscal year.''.
(c) Three-Year Extension of Authority.--Subsection (g) of
such section, as so amended, is further amended--
(1) by striking ``September 30, 2008'' and inserting
``September 30, 2011''; and
(2) by striking ``fiscal year 2006, 2007, or 2008'' and
inserting ``fiscal years 2006 through 2011''.
(d) Effective Date.--The amendment made by subsection
(b)(2) shall take effect on October 1, 2008, and shall apply
with respect to programs under the authority in subsection
(a) of section 1206 of the National Defense Authorization Act
for Fiscal Year 2006, as so amended, that begin on or after
that date.
SEC. 1207. EXTENSION OF AUTHORITY AND INCREASED FUNDING FOR
SECURITY AND STABILIZATION ASSISTANCE.
(a) Prohibition on Budget Support.--Subsection (a) of
section 1207 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3458) is
amended--
(1) by striking ``The Secretary of Defense'' and inserting
the following:
``(1) In general.--The Secretary of Defense''; and
(2) by adding at the end the following new paragraph:
``(2) Prohibition on budget support.--Nothing in this
section shall be construed to authorize the provision of
budget support to any foreign country.''.
(b) Assistance to Georgia During Fiscal Year 2009.--
Subsection (b) of such section is amended--
(1) by striking ``The aggregate value'' and inserting the
following:
``(1) In general.--Except as provided in paragraph (2), the
aggregate value''; and
(2) by adding at the end the following new paragraph:
``(2) Assistance to georgia during fiscal year 2009.--
``(A) In general.--The Secretary of Defense is authorized
during fiscal year 2009 to exercise the authority of
subsection (a) to provide services to, and transfer defense
articles and funds to, the Secretary of State for the
purposes of facilitating the provision by the Secretary of
State of reconstruction, security, or stabilization
assistance to the country of Georgia.
``(B) Limitation.--The aggregate value of all services,
defense articles, and funds provided or transferred to the
Secretary of State under this section for Georgia in fiscal
year 2009--
``(i) may not exceed $50,000,000; and
``(ii) shall not count against the dollar amount limitation
specified in paragraph (1) for such fiscal year.''.
(c) Extension of Authority.--Subsection (g) of such
section, as amended by section 1210(b) of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 122 Stat. 369), is further amended by striking
``September 30, 2008'' and inserting ``September 30, 2009''.
(d) Effective Date.--The amendments made by this section
shall take effect on October 1, 2008.
SEC. 1208. EXTENSION AND EXPANSION OF AUTHORITY FOR SUPPORT
OF SPECIAL OPERATIONS TO COMBAT TERRORISM.
(a) In General.--Subsection (a) of section 1208 of the
Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2086) is
amended--
(1) by inserting ``, with the concurrence of the relevant
Chief of Mission,'' after ``may''; and
(2) by striking ``$25,000,000'' and inserting
``$35,000,000''.
(b) Timing of Notice on Provision of Support.--Subsection
(c) of such section is amended by striking ``in not less than
48 hours'' and inserting ``within 48 hours''.
(c) Extension.--Subsection (h) of such section, as amended
by section 1202(c) of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 364), is
further amended by striking ``2010'' and inserting ``2013''.
(d) Technical Amendment.--The heading of such section is
amended by striking ``MILITARY OPERATIONS'' and inserting
``SPECIAL OPERATIONS''.
(e) Effective Date.--The amendments made by this section
shall take effect on October 1, 2008.
SEC. 1209. INCREASE IN AMOUNT AVAILABLE FOR COSTS OF
EDUCATION AND TRAINING OF FOREIGN MILITARY
FORCES UNDER REGIONAL DEFENSE COMBATING
TERRORISM FELLOWSHIP PROGRAM.
(a) Increase in Amount.--Section 2249c(b) of title 10,
United States Code, is amended by striking ``$25,000,000''
and inserting ``$35,000,000''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2008, and shall apply with
respect to fiscal years beginning on or after that date.
Subtitle B--Matters Relating to Iraq and Afghanistan
SEC. 1211. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN
PURPOSES RELATING TO IRAQ.
No funds appropriated pursuant to an authorization of
appropriations in this Act may be obligated or expended for a
purpose as follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control of the oil resources
of Iraq.
SEC. 1212. REPORT ON STATUS OF FORCES AGREEMENTS BETWEEN THE
UNITED STATES AND IRAQ.
(a) Requirement for Report.--
(1) In general.--(A) Not later than 90 days after the date
of the enactment of this Act, the President shall transmit to
the appropriate congressional committees a report on any
agreement that has been completed between the United States
and Iraq relating to--
(i) the legal status of United States military personnel,
civilian personnel, and contractor personnel of contracts
awarded by any department or agency of the United States
Government;
(ii) the establishment of or access to military bases;
(iii) the rules of engagement under which United States
Armed Forces operate in Iraq; and
(iv) any security commitment, arrangement, or assurance
that obligates the United States to respond to internal or
external threats against Iraq.
(B) If, on the date that is 90 days after the date of the
enactment of this Act, no agreement between the United States
and Iraq described in subparagraph (A) has been completed,
the President shall notify the appropriate congressional
committees that no such agreement has been completed, and
shall transmit to the appropriate congressional committees
the report required under subparagraph (A) as soon as
practicable after such an agreement or agreements are
completed.
(2) Update of report.--The President shall transmit to the
appropriate congressional committees an update of the report
required under paragraph (1) whenever an agreement between
the United States and Iraq relating to the matters described
in the report is substantially revised.
(b) Matters to Be Included.--The report required under
subsection (a) shall include, with respect to each agreement
described in subsection (a), the following:
(1) A description of any conditions placed on United States
combat operations by the Government of Iraq, including
required coordination, if any, before such operations can be
undertaken.
(2) A description of any constraints placed on United
States military personnel, civilian personnel, and contractor
personnel of contracts awarded by any department or agency of
the United States Government as a result of such conditions.
(3) A description of the conditions under which United
States military personnel, civilian personnel, or contractor
personnel of contracts awarded by any department or agency of
the United States Government could be tried by an Iraqi court
for alleged crimes occurring both during the performance of
official duties and during other such times, and the
protections that such personnel would be extended in an Iraqi
court, if applicable.
[[Page 20889]]
(4) An assessment of authorities under the agreement for
United States Armed Forces and Coalition partners to
apprehend, detain, and interrogate prisoners and otherwise
collect intelligence.
(5) A description of any security commitment, arrangement,
or assurance that obligates the United States to respond to
internal or external threats against Iraq, including the
manner in which such commitment, arrangement, or assurance
may be implemented.
(6) An assessment of any payments required under the
agreement to be paid to the Government of Iraq or other Iraqi
entities for rights, access, or support for bases and
facilities.
(7) An assessment of any payments required under the
agreement for any claims for deaths and damages caused by
United States military personnel, civilian personnel, and
contractor personnel of contracts awarded by any department
or agency of the United States Government in the performance
of their official duties.
(8) A description of the arrangements required under the
agreement to resolve disputes arising over matters contained
in the agreement or to consider changes to the agreement.
(9) A discussion of the extent to which the agreement
applies to other Coalition partners.
(10) A description of how the agreement can be terminated
by the United States or Iraq.
(c) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may include a
classified annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
(e) Termination of Requirement.--
(1) In general.--Except as provided in paragraph (2), the
requirement to transmit the report and updates of the report
under subsection (a) terminates on December 31, 2009.
(2) Exception.--The requirement to transmit the report and
updates of the report under subsection (a) terminates before
December 31, 2009, if the following conditions are met:
(A) The President transmits to the appropriate
congressional committees the text of any agreement between
the United States and Iraq described in subsection (a)(1)(A)
and any amendment or update thereto.
(B) Within 30 days of transmission of the agreement, the
President makes available appropriate senior officials to
brief the appropriate congressional committees on the matters
covered by the agreement or any amendment or update thereto.
SEC. 1213. STRATEGY FOR UNITED STATES-LED PROVINCIAL
RECONSTRUCTION TEAMS IN IRAQ.
(a) In General.--The President shall establish and
implement a strategy for United States-led Provincial
Reconstruction Teams (PRTs), including embedded PRTs and
Provincial Support Teams, in Iraq that ensures that such
United States-led PRTs are--
(1) supporting the operational and strategic goals of the
Multi-National Force-Iraq; and
(2) developing the capacity of national, provincial, and
local government and other civil institutions in Iraq to
assume increasing responsibility for the formulation,
implementation, and oversight of reconstruction and
development activities.
(b) Elements of Strategy.--At a minimum, the strategy
required under subsection (a) shall include--
(1) a mission statement and clearly defined objectives for
United States-led PRTs as a whole;
(2) a mission statement and clearly defined objectives for
each United States-led PRT; and
(3) measures of effectiveness and performance indicators
for meeting the objectives of each United States-led PRT as
described in paragraph (2).
(c) Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, and every 90 days thereafter
through the end of fiscal year 2010, the President shall
transmit to the appropriate congressional committees a report
on the implementation of the strategy required under
subsection (a), including an assessment of the specific
contributions United States-led PRTs are making to implement
the strategy. The initial report required under this
subsection should include a general description of the
strategy required under subsection (a) and a general
discussion of the elements of the strategy required under
subsection (b).
(2) Inclusion in other report.--The report required under
this subsection may be included in the report required by
section 1227 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3465).
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate.
SEC. 1214. COMMANDERS' EMERGENCY RESPONSE PROGRAM.
(a) Authority for Fiscal Years 2008 and 2009.--Subsection
(a) of section 1202 of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3455), as
amended by section 1205 of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 366),
is further amended in the matter preceding paragraph (1)--
(1) by striking ``$977,441,000'' and inserting
``$1,700,000,000 in fiscal year 2008 and $1,500,000,000 in
fiscal year 2009,''; and
(2) by striking ``in such fiscal year''.
(b) Quarterly Reports.--Subsection (b) of such section, as
so amended, is further amended--
(1) in the heading, by inserting ``and Briefings'' after
``Reports'';
(2) by striking ``Not later than'' and inserting the
following:
``(1) In general.--Not later than''; and
(3) by adding at the end the following new paragraphs:
``(2) Additional matters to be included.--In addition to
the information described in paragraph (1), each report
required under paragraph (1) that contains information on
projects carried out using funds authorized under the
Commanders' Emergency Response Program in Iraq shall include
the following:
``(A) A listing of each project for which amounts in excess
of $500,000 provided through the Commanders' Emergency
Response Program in Iraq were expended.
``(B) A written statement by the Secretary of Defense, or
the Deputy Secretary of Defense if the authority under
subsection (f) is delegated to the Deputy Secretary of
Defense, affirming that the certification required under
subsection (f) was issued for each project in Iraq for which
amounts in excess of $1,000,000 provided through the
Commanders' Emergency Response Program in Iraq were expended.
``(C) For each project listed in subparagraph (A), the
following information:
``(i) A description and justification for carrying out the
project
``(ii) A description of the extent of involvement by the
Government of Iraq in the project, including--
``(I) the amount of funds provided by the Government of
Iraq for the project; and
``(II) a description of the plan for the transition of such
project upon completion to the people of Iraq and for the
sustainment of any completed facilities, including any
commitments by the Government of Iraq to sustain projects
requiring the support of the Government of Iraq for
sustainment.
``(iii) A description of the current status of the project,
including, where appropriate, the projected completion date.
``(D) A description of the status of transitioning
activities carried out under the Commanders' Emergency
Response Program in Iraq to the Government of Iraq,
including--
``(i) the level of funding provided by the Government of
Iraq for the Government of Iraq Commanders' Emergency
Response Program (commonly known as `I-CERP');
``(ii) the level of funding provided and expended by the
Government of Iraq in other programs designed to meet urgent
humanitarian relief and reconstruction requirements that
immediately assist the Iraqi people; and
``(iii) a description of the progress made in transitioning
the responsibility for the Sons of Iraq Program to the
Government of Iraq.
``(3) Briefings.--Not later than 15 days after the
submission of each report under paragraph (1), appropriate
officials of the Department of Defense shall meet with the
congressional defense committees to brief such committees on
the matters contained in the report.''.
(c) Prohibition on Certain Projects Under the Commanders'
Emergency Response Program in Iraq.--Such section, as so
amended, is further amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Prohibition on Certain Projects Under the Commanders'
Emergency Response Program in Iraq.--
``(1) Prohibition.--Except as provided in paragraph (2),
funds made available under this section for the Commanders'
Emergency Response Program in Iraq may not be obligated or
expended to carry out any project commenced after the date of
the enactment of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 if the total amount of
such funds made available for the purpose of carrying out the
project exceeds $2,000,000.
``(2) Exception.--The prohibition contained in paragraph
(1) shall not apply with respect to funds managed or
controlled by the Department of Defense that were otherwise
provided by another department or agency of the United States
Government, the
[[Page 20890]]
Government of Iraq, the government of a foreign country, a
foundation or other charitable organization (including a
foundation or charitable organization that is organized or
operates under the laws of a foreign country), or any source
in the private sector of the United States or a foreign
country.
``(3) Waiver.--The Secretary of Defense may waive the
prohibition contained in paragraph (1) if the Secretary of
Defense--
``(A) determines that such a waiver is required to meet
urgent humanitarian relief and reconstruction requirements
that will immediately assist the Iraqi people; and
``(B) submits in writing, within 15 days of issuing such
waiver, to the congressional defense committees a
notification of the waiver, together with a discussion of--
``(i) the unmet and urgent needs to be addressed by the
project; and
``(ii) any arrangements between the Government of the
United States and the Government of Iraq regarding the
provision of Iraqi funds for carrying out and sustaining the
project .''.
(d) Certification on Certain Projects Under the Commanders'
Emergency Response Program in Iraq.--Such section, as so
amended, is further amended--
(1) by redesignating subsection (f), as redesignated by
subsection (c) of this section, as subsection (g); and
(2) by inserting after subsection (e), as added by
subsection (c) of this section, the following new subsection:
``(f) Certification on Certain Projects Under the
Commanders' Emergency Response Program in Iraq.--
``(1) Certification.--Funds made available under this
section for the Commanders' Emergency Response Program in
Iraq may not be obligated or expended to carry out any
project commenced after the date of the enactment of the
Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 if the total amount of such funds made available
for the purpose of carrying out the project exceeds
$1,000,000 unless the Secretary of Defense certifies that the
project addresses urgent humanitarian relief and
reconstruction requirements that will immediately assist the
Iraqi people.
``(2) Delegation.--The Secretary may delegate the authority
under paragraph (1) to the Deputy Secretary of Defense.''.
(e) Sense of Congress.--It is the sense of Congress that
the Government of Iraq should assume increasing
responsibility for funding and carrying out projects
currently funded by the United States through the Commanders'
Emergency Response Program, and should assume all costs
associated with the Sons of Iraq program as expeditiously as
possible.
SEC. 1215. PERFORMANCE MONITORING SYSTEM FOR UNITED STATES-
LED PROVINCIAL RECONSTRUCTION TEAMS IN
AFGHANISTAN.
(a) In General.--The President, acting through the
Secretary of Defense and the Secretary of State, shall
develop and implement a system to monitor the performance of
United States-led Provincial Reconstruction Teams (PRTs) in
Afghanistan.
(b) Elements of Performance Monitoring System.--The
performance monitoring system required under subsection (a)
shall include--
(1) PRT-specific work plans that incorporate the long-term
strategy, mission, and clearly defined objectives required by
section 1230(c)(3) of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 386), and
include plans for developing the capacity of national,
provincial, and local government and other civil institutions
in Afghanistan to assume increasing responsibility for the
formulation, implementation, and oversight of reconstruction
and development activities; and
(2) comprehensive performance indicators and measures of
progress toward sustainable long-term security and stability
in Afghanistan, and include performance standards and
progress goals together with a notional timetable for
achieving such goals, consistent with the requirements of
section 1230(d) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 388).
(c) Report.--Not later than 90 days after the date of the
enactment of this Act, the President shall submit to the
appropriate congressional committees a report on the
implementation of the performance monitoring system required
under subsection (a).
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate.
SEC. 1216. REPORT ON COMMAND AND CONTROL STRUCTURE FOR
MILITARY FORCES OPERATING IN AFGHANISTAN.
(a) Report Required.--Not later than 60 days after the date
of the enactment of this Act, or December 1, 2008, whichever
occurs later, the Secretary of Defense shall submit to the
appropriate congressional committees a report on the command
and control structure for military forces operating in
Afghanistan.
(b) Matters to Be Included.--The report required under
subsection (a) shall include the following:
(1) A detailed description of efforts by the Secretary of
Defense, in coordination with senior leaders of NATO ISAF
forces, including the commander of NATO ISAF forces, to
modify the chain of command structure for military forces
operating in Afghanistan to better coordinate and de-conflict
military operations and achieve unity of command whenever
possible in Afghanistan, and the results of such efforts,
including--
(A) any United States or NATO ISAF plan for improving the
command and control structure for military forces operating
in Afghanistan; and
(B) any efforts to establish a headquarters in Afghanistan
that is led by a commander--
(i) with command authority over NATO ISAF forces and
separate United States forces operating under Operation
Enduring Freedom and charged with closely coordinating the
efforts of such forces; and
(ii) responsible for coordinating other United States and
international security efforts in Afghanistan.
(2) A description of how rules of engagement are determined
and managed for United States forces operating under NATO
ISAF or Operation Enduring Freedom, and a description of any
key differences between rules of engagement for NATO ISAF
forces and separate United States forces operating under
Operation Enduring Freedom.
(3) An assessment of how any modifications to the command
and control structure for military forces operating in
Afghanistan would impact coordination of military and
civilian efforts in Afghanistan.
(c) Update of Report.--The Secretary of Defense shall
submit to the appropriate congressional committees an update
of the report required under subsection (a) as warranted by
any modifications to the command and control structure for
military forces operating in Afghanistan as described in the
report.
(d) Form.--The report required under subsection (a) and any
update of the report required under subsection (c) shall be
submitted in an unclassified form, but may include a
classified annex, if necessary.
(e) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
SEC. 1217. REPORTS ON ENHANCING SECURITY AND STABILITY IN THE
REGION ALONG THE BORDER OF AFGHANISTAN AND
PAKISTAN.
(a) Additional Reports Required.--Subsection (a) of section
1232 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 392) is amended--
(1) in the heading of paragraph (1), by striking ``In
general'' and inserting ``Initial report'';
(2) by striking paragraph (4);
(3) by redesignating paragraph (3) as paragraph (4); and
(4) by inserting after paragraph (2) the following new
paragraph:
``(3) Subsequent reports.--Concurrent with the submission
of each report submitted under section 1230 after the date of
the enactment of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009, the Secretary of
Defense, in consultation with the Secretary of State, shall
submit to the appropriate congressional committees, a report
on enhancing security and stability in the region along the
border of Afghanistan and Pakistan. Each such report shall
include the following:
``(A) A description of the matters required to be included
in the initial report required under paragraph (1).
``(B) A description of any peace agreements between the
Government of Pakistan and tribal leaders from regions along
the Afghanistan-Pakistan border that contain commitments to
prevent cross-border incursions into Afghanistan and any
mechanisms in such agreements to enforce such commitments.
``(C) An assessment of the effectiveness of such peace
agreements in preventing cross-border incursions and of the
Government of Pakistan in enforcing those agreements.''.
(b) Copy of Notification Relating to Department of Defense
Coalition Support Funds for Pakistan.--Subsection (b)(1) of
such section is amended by adding at the end the following
new subparagraph:
``(C) Copy of notification.--The Secretary of Defense shall
submit to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate a copy of each notification required under
subparagraph (A).''.
(c) Additional Information on Department of Defense
Coalition Support Funds for Pakistan.--Subsection (b) of such
section is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following new
paragraph:
[[Page 20891]]
``(5) Requirement to submit information relating to claims
disallowed or deferred by the united states.--
``(A) In general.--The Secretary of Defense shall submit,
in the manner specified in subparagraph (B), an itemized
description of the costs claimed by the Government of
Pakistan for logistical, military, or other support provided
by Pakistan to the United States for which the United States
will disallow or defer reimbursement to the Government of
Pakistan under the authority of any provision of law
described in paragraph (1)(B).
``(B) Manner of submission.--
``(i) In general.--To the maximum extent practicable, the
Secretary shall submit each itemized description of costs
required under subparagraph (A) as part of the notification
required under paragraph (1).
``(ii) Alternative submission.--To the extent that an
itemized description of costs required under subparagraph (A)
is not submitted in accordance with clause (i), the Secretary
shall submit such description not later than 180 days after
the date on which a decision to disallow or defer
reimbursement for the costs claimed is made.
``(C) Form.--Each itemized description of costs required
under subparagraph (B) shall be submitted in an unclassified
form, but may include a classified annex, if necessary.''.
(d) Extension of Notification Requirement Relating to
Department of Defense Coalition Support Funds for Pakistan.--
Subsection (b)(6) of such section, as redesignated by
subsection (c) of this section, is amended by striking
``September 30, 2009'' and inserting ``September 30, 2010''.
(e) Report Relating to Department of Defense Coalition
Support Funds for Pakistan.--Such section is further amended
by adding at the end the following new subsection:
``(c) Report Relating to Department of Defense Coalition
Support Funds for Pakistan.--
``(1) Report required.--Not later than 180 days after the
date of the enactment of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009, the Secretary of
Defense shall submit to the appropriate congressional
committees a report that contains a detailed description of
efforts by the Secretary of Defense to address the findings
and implement the recommendations made by the Government
Accountability Office in its report entitled `Combating
Terrorism: Increased Oversight and Accountability Needed Over
Pakistan Reimbursement Claims for Coalition Support Funds'
(GAO-08-806; June 24, 2008).
``(2) Appropriate congressional committee defined.--In this
subsection, the term `appropriate congressional committees'
has the meaning given the term in subsection (a)(5).''.
SEC. 1218. STUDY AND REPORT ON POLICE TRANSITION TEAMS TO
TRAIN, ASSIST, AND ADVISE UNITS OF THE IRAQI
POLICE SERVICE.
(a) Study and Report.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense,
in consultation with the Secretary of State and the
Government of Iraq, shall conduct a study and submit to the
appropriate congressional committees a report containing the
recommendations of the Secretary of Defense on--
(1) the number of personnel required for Police Transition
Teams to train, assist, and advise units of the Iraqi Police
Service in fiscal year 2009 and in fiscal year 2010;
(2) the funding required to support the level of personnel
described in paragraph (1) in fiscal year 2009 and in fiscal
year 2010; and
(3) the feasibility of transferring responsibility for the
provision of the personnel described in paragraph (1) and the
support described in paragraph (2) from the Department of
Defense to the Department of State.
(b) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may include a
classified annex if required.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
Subtitle C--Other Matters
SEC. 1231. PAYMENT OF PERSONNEL EXPENSES FOR MULTILATERAL
COOPERATION PROGRAMS.
(a) Expansion of Authority for Bilateral and Regional
Programs to Cover Multilateral Programs.--Section 1051 of
title 10, United States Code, is amended--
(1) in subsection (a), by striking ``a bilateral'' and
inserting ``a multilateral, bilateral,''; and
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``to and'' and inserting ``to, from, and'';
and
(ii) by striking ``bilateral'' and inserting
``multilateral, bilateral,''; and
(B) in paragraph (2), by striking ``bilateral'' and
inserting ``multilateral, bilateral,''.
(b) Availability of Funds for Programs and Activities
Across Fiscal Years.--
(1) In general.--Such section is further amended by adding
at the end the following new subsection:
``(e) Funds available to carry out this section shall be
available, to the extent provided in appropriations Acts, for
programs and activities under this section that begin in a
fiscal year and end in the following fiscal year.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on October 1, 2008, and shall apply with
respect to programs and activities under section 1051 of
title 10, United States Code, as so amended, that begin on or
after that date.
(c) Conforming and Clerical Amendments.--
(1) Heading amendment.--The heading of such section is
amended to read as follows:
``Sec. 1051. Multilateral, bilateral, or regional cooperation
programs: payment of personnel expenses''
(2) Clerical amendment.--The table of sections at the
beginning of chapter 53 of such title is amended by striking
the item relating to section 1051 and inserting the following
new item:
``1051. Multilateral, bilateral, or regional cooperation programs:
payment of personnel expenses.''.
SEC. 1232. PARTICIPATION OF THE DEPARTMENT OF DEFENSE IN
MULTINATIONAL MILITARY CENTERS OF EXCELLENCE.
(a) Participation Authorized.--
(1) In general.--Subchapter II of chapter 138 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2350m. Participation in multinational military centers
of excellence
``(a) Participation Authorized.--The Secretary of Defense
may, with the concurrence of the Secretary of State,
authorize the participation of members of the armed forces
and Department of Defense civilian personnel in any
multinational military center of excellence for purposes of--
``(1) enhancing the ability of military forces and civilian
personnel of the nations participating in such center to
engage in joint exercises or coalition or international
military operations; or
``(2) improving interoperability between the armed forces
and the military forces of friendly foreign nations.
``(b) Memorandum of Understanding.--(1) The participation
of members of the armed forces or Department of Defense
civilian personnel in a multinational military center of
excellence under subsection (a) shall be in accordance with
the terms of one or more memoranda of understanding entered
into by the Secretary of Defense, with the concurrence of the
Secretary of State, and the foreign nation or nations
concerned.
``(2) If Department of Defense facilities, equipment, or
funds are used to support a multinational military center of
excellence under subsection (a), the memoranda of
understanding under paragraph (1) with respect to that center
shall provide details of any cost-sharing arrangement or
other funding arrangement.
``(c) Availability of Appropriated Funds.--(1) Funds
appropriated to the Department of Defense for operation and
maintenance are available as follows:
``(A) To pay the United States share of the operating
expenses of any multinational military center of excellence
in which the United States participates under this section.
``(B) To pay the costs of the participation of members of
the armed forces and Department of Defense civilian personnel
in multinational military centers of excellence under this
section, including the costs of expenses of such
participants.
``(2) No funds may be used under this section to fund the
pay or salaries of members of the armed forces and Department
of Defense civilian personnel who participate in
multinational military centers of excellence under this
section.
``(d) Use of Department of Defense Facilities and
Equipment.--Facilities and equipment of the Department of
Defense may be used for purposes of the support of
multinational military centers of excellence under this
section that are hosted by the Department.
``(e) Annual Reports on Use of Authority.--(1) Not later
than October 31, 2009, and annually thereafter, the Secretary
of Defense shall submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House
of Representatives a report on the use of the authority in
this section during the preceding fiscal year.
``(2) Each report required by paragraph (1) shall include,
for the fiscal year covered by such report, the following:
``(A) A detailed description of the participation of the
Department of Defense, and of members of the armed forces and
civilian personnel of the Department, in multinational
military centers of excellence under the authority of this
section.
``(B) For each multinational military center of excellence
in which the Department of Defense, or members of the armed
forces or
[[Page 20892]]
civilian personnel of the Department, so participated--
``(i) a description of such multinational military center
of excellence;
``(ii) a description of the activities participated in by
the Department, or by members of the armed forces or civilian
personnel of the Department; and
``(iii) a statement of the costs of the Department for such
participation, including--
``(I) a statement of the United States share of the
expenses of such center and a statement of the percentage of
the United States share of the expenses of such center to the
total expenses of such center; and
``(II) a statement of the amount of such costs (including a
separate statement of the amount of costs paid for under the
authority of this section by category of costs).
``(f) Multinational Military Center of Excellence
Defined.--In this section, the term `multinational military
center of excellence' means an entity sponsored by one or
more nations that is accredited and approved by the Military
Committee of the North Atlantic Treaty Organization (NATO) as
offering recognized expertise and experience to personnel
participating in the activities of such entity for the
benefit of NATO by providing such personnel opportunities
to--
``(1) enhance education and training;
``(2) improve interoperability and capabilities;
``(3) assist in the development of doctrine; and
``(4) validate concepts through experimentation.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter II of chapter 138 of such title is
amended by adding at the end the following new item:
``2350m. Participation in multinational military centers of
excellence.''.
(b) Repeal of Superseded Authority.--Section 1205 of the
John Warner National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109-364; 120 Stat. 2416) is repealed.
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 2008.
SEC. 1233. REVIEW OF SECURITY RISKS OF PARTICIPATION BY
DEFENSE CONTRACTORS IN CERTAIN SPACE ACTIVITIES
OF THE PEOPLE'S REPUBLIC OF CHINA.
(a) Review Required.--The Secretary of Defense shall
conduct a review to determine whether there are any security
risks associated with participation by covered contractors in
certain space activities of the People's Republic of China.
(b) Matters to Be Included.--The review required under
subsection (a) shall include, at a minimum, a review of the
following:
(1) Whether there have been any incidents with respect to
which a determination has been made that an improper
disclosure of covered information by a covered contractor has
occurred during the five-year period ending on the date of
the enactment of this Act.
(2) The increase, if any, in the number of covered
contractors expected to occur during the 5-year period
beginning on the date of the enactment of this Act.
(3) The extent to which the policies and procedures of the
Department of Defense are sufficient to protect against the
improper disclosure of covered information by a covered
contractor during the 5-year period beginning on the date of
the enactment of this Act.
(4) The Secretary's conclusions regarding awards of
contracts by the Department of Defense to covered contractors
after the date of the enactment of this Act.
(5) Any other matters that the Secretary determines to be
appropriate to include in the review.
(c) Cooperation From Other Departments and Agencies.--The
Secretary of State, the Director of National Intelligence,
and the head of any other United States Government department
or agency shall cooperate in a complete and timely manner to
provide the Secretary of Defense with data and other
information necessary for the Secretary of Defense to carry
out the review required under subsection (a).
(d) Report.--
(1) In general.--Not later than March 1, 2009, the
Secretary of Defense shall submit to the congressional
defense committees a report on the review required under
subsection (a).
(2) Form.--The report required under this subsection shall
include a summary in unclassified form to the maximum extent
practicable.
(e) Definitions.--In this section:
(1) Certain space activities of the people's republic of
china.--The term ``certain space activities of the People's
Republic of China'' means--
(A) the development or manufacture of satellites for launch
from the People's Republic of China; and
(B) the launch of satellites from the People's Republic of
China.
(2) Covered contractor.--The term ``covered contractor''
means a contractor of the Department of Defense, and any
subcontractor (at any tier) of the contractor, that--
(A) has access to covered information; and
(B) participates, or is part of a joint venture that
participates, or whose parent, sister, subsidiary, or
affiliate company participates, in certain space activities
in the People's Republic of China.
(3) Covered information.--The term ``covered information''
means classified information and sensitive controlled
unclassified information obtained under contracts (or
subcontracts of such contracts) of the Department of Defense.
SEC. 1234. REPORT ON IRAN'S CAPABILITY TO PRODUCE NUCLEAR
WEAPONS.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, and annually thereafter,
the Director of National Intelligence shall submit to
Congress a report on Iran's capability to produce nuclear
weapons. The report required under this subsection may be
submitted in classified form.
(b) Matters to Be Included.--The report required under
subsection (a) shall include the following:
(1) The locations, types, and number of centrifuges and
other specialized equipment necessary for the enrichment of
uranium and any plans to acquire, manufacture, and operate
such equipment in the future.
(2) An estimate of the amount, if any, of highly enriched
uranium and weapons grade plutonium acquired or produced to
date, an estimate of the amount of weapons grade plutonium
that is likely to be produced or acquired in the near- and
midterms and the amount of highly enriched uranium that is
likely to be produced or acquired in the near- and midterms,
and the number of nuclear weapons that could be produced with
such materials.
(3) A evaluation of the extent to which security and
safeguards at any nuclear site prevent, slow, verify, or help
monitor the enrichment of uranium or the reprocessing of
plutonium into weapons-grade materials.
(4) A description of any weaponization activities, such as
the research, design, development, or testing of nuclear
weapons or weapons-related components.
(5) A description of any programs to construct, acquire,
test, or improve methods to deliver nuclear weapons,
including an assessment of the likely progress of such
programs in the near- and mid-terms.
(6) A summary of assessments made by allies of the United
States of Iran's nuclear weapons program and nuclear-capable
delivery systems programs.
(c) Notification.--The President shall notify Congress, in
writing, within 15 days of determining that--
(1) Iran has resumed a nuclear weapons program;
(2) Iran has met or surpassed any major milestone in its
nuclear weapons program; or
(3) Iran has undertaken to accelerate, decelerate, or cease
the development of any significant element within its nuclear
weapons program.
SEC. 1235. EMPLOYMENT FOR RESETTLED IRAQIS.
(a) In General.--The Secretary of Defense and the Secretary
of State are authorized to jointly establish and operate a
temporary program to offer employment as translators,
interpreters, or cultural awareness instructors to
individuals described in subsection (b). Individuals
described in such subsection may be appointed to temporary
positions of one year or less outside Iraq with either the
Department of Defense or the Department of State, without
competition and without regard for the provisions of chapter
51 and subchapter III of chapter 53 of title 5, United States
Code. Such individuals may also be hired as personal services
contractors by either of such Departments to provide
translation, interpreting, or cultural awareness instruction,
except that such individuals so hired shall not by virtue of
such employment be considered employees of the United States
Government, except for purposes of chapter 81 of title 5,
United States Code, and chapter 171 of title 28, United
States Code.
(b) Eligibility.--Individuals referred to in subsection (a)
are Iraqi nationals who--
(1) have received a special immigrant visa issued pursuant
to section 1059 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163) or section 1244 of the
National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181); and
(2) are lawfully present in the United States.
(c) Funding.--
(1) In general.--Except as provided in paragraph (2), the
program established under subsection (a) shall be funded from
the annual general operating budget of the Department of
Defense.
(2) Exception.--The Secretary of State shall reimburse the
Department of Defense for any costs associated with
individuals described in subsection (b) whose work is for or
on behalf of the Department of State.
(d) Rule of Construction Regarding Access to Classified
Information.--Nothing in this section may be construed as
affecting in any manner practices and procedures regarding
the handling of or access to classified information.
(e) Information Sharing.--The Secretary of Defense and the
Secretary of State shall work with the Secretary of Homeland
Security and the Office of Refugee Resettlement of the
Department of Health and Human Services to ensure that
individuals described in subsection (b) are informed of the
program established under subsection (a).
[[Page 20893]]
(f) Regulation.--The Secretary of Defense, jointly with the
Secretary of State and with the concurrence of the Director
of the Office of Personnel Management, shall prescribe such
regulations as are necessary to carry out the program
established under subsection (a), including ensuring the
suitability for employment described in subsection (a) of
individuals described in subsection (b), determining the
number of positions, and establishing pay scales and hiring
procedures.
(g) Termination.--
(1) In general.--Except as provided in paragraph (2), the
program established under subsection (a) shall terminate on
December 31, 2014.
(2) Earlier termination.--If the Secretary of Defense,
jointly with the Secretary of State, determines that the
program established under subsection (a) should terminate
before the date specified in paragraph (1), the Secretaries
may terminate the program if the Secretaries notify Congress
in writing of such termination at least 180 days before such
termination.
SEC. 1236. EXTENSION AND MODIFICATION OF UPDATES ON REPORT ON
CLAIMS RELATING TO THE BOMBING OF THE LABELLE
DISCOTHEQUE.
Section 1225(b) of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3465), as
amended by section 1261(1)(B) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181;
122 Stat. 405), is further amended--
(1) in paragraph (2)--
(A) by striking ``Not later than one year after enactment
of this Act, and not later than two years after enactment of
this Act'' and inserting ``Not later than 90 days after the
date of the enactment of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009, and every 180 days
thereafter''; and
(B) by adding at the end the following new sentence: ``Each
update under this paragraph after the date of the enactment
of the Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 shall be submitted in unclassified form, but
may include a classified annex.''; and
(2) by adding at the end the following new paragraph:
``(3) Termination.--The requirement to submit updates under
paragraph (2) shall terminate upon submission by the
Secretary of State to Congress of the certification described
in section 5(a)(2) of the Libya Claims Resolution Act (Public
Law 110-301; 122 Stat. 3000).''.
SEC. 1237. REPORT ON UTILIZATION OF CERTAIN GLOBAL
PARTNERSHIP AUTHORITIES.
(a) In General.--Not later than December 31, 2010, the
Secretary of Defense and the Secretary of State shall jointly
submit to the appropriate committees of Congress a report on
the implementation of the Building Global Partnership
authorities during the period beginning on the date of the
enactment of this Act and ending on September 30, 2010.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A detailed summary of the programs conducted under the
Building Global Partnership authorities during the period
covered by the report, including, for each country receiving
assistance under such a program, a description of the
assistance provided and its cost.
(2) An assessment of the impact of the assistance provided
under the Building Global Partnership authorities with
respect to each country receiving assistance under such
authorities.
(3) A description of--
(A) the processes used by the Department of Defense and the
Department of State to jointly formulate, prioritize, and
select projects to be funded under the Building Global
Partnership authorities; and
(B) the processes, if any, used by the Department of
Defense and the Department of State to evaluate the success
of each project so funded after its completion.
(4) A statement of the projects initiated under the
Building Global Partnership authorities that were
subsequently transitioned to and sustained under the
authorities of the Foreign Assistance Act of 1961 or other
authorities.
(5) An assessment of the utility of the Building Global
Partnership authorities, and of any gaps in such authorities,
including an assessment of the feasability and advisability
of continuing such authorities beyond their current dates of
expiration (whether in their current form or with such
modifications as the Secretary of Defense and the Secretary
of State jointly consider appropriate).
(c) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate; and
(B) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives.
(2) Building global partnership authorities.--The term
``Building Global Partnership authorities'' means the
following:
(A) Authority for building capacity of foreign military
forces.--The authorities provided in section 1206 of the
National Defense Authorization Act for Fiscal Year 2006
(Public Law 109-163; 119 Stat. 3456), as amended by section
1206 of the John Warner National Defense Authorization Act
for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2418) and
section 1206 of this Act.
(B) Authority for security and stabilization assistance.--
The authorities provided in section 1207 of the National
Defense Authorization Act for Fiscal Year 2006 (119 Stat.
3458), as amended by section 1210 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181;
122 Stat. 369) and section 1207 of this Act.
(C) Civic assistance authorities under combatant commander
initiative fund.--The authority to engage in urgent and
unanticipated civic assistance under the Combatant Commander
Initiative Fund under section 166a(b)(6) of title 10, United
States Code, as a result of the amendments made by section
902 of the John Warner National Defense Authorization Act for
Fiscal Year 2007 (120 Stat. 2351).
SEC. 1238. MODIFICATION AND REPEAL OF REQUIREMENT TO SUBMIT
CERTAIN ANNUAL REPORTS TO CONGRESS REGARDING
ALLIED CONTRIBUTIONS TO THE COMMON DEFENSE.
(a) Modification of Certain Reports on Allied Contributions
to the Common Defense.--Section 1003 of the Department of
Defense Authorization Act, 1985 (Public Law 98-525; 98 Stat.
2576) is amended--
(1) by striking subsections (c) and (d); and
(2) adding at the end the following new subsections:
``(c) The Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives each year,
not later than March 1, a report containing a description
of--
``(1) annual defense spending by each member nation of
NATO, by each member nation of the Euro-Atlantic Partnership
Council (EAPC), and by Japan, including available nominal
budget figures and defense spending as a percentage of the
respective nation's gross domestic product for the fiscal
year immediately preceding the fiscal year in which the
report is submitted;
``(2) activities of each NATO member nation, each EAPC
member nation, and Japan to contribute to military or
stability operations in which the United States Armed Forces
are a participant;
``(3) any limitations that such nations place on the use of
their national contributions described in paragraph (2); and
``(4) any actions undertaken by the United States
Government to minimize those limitations described in
paragraph (3).
``(d) The report required under subsection (c) shall be
submitted in unclassified form, but may include a classified
annex.''
(b) Repeal of Report on Cost-Sharing.--Section 1313 of the
National Defense Authorization Act for Fiscal Year 1995
(Public Law 103-337; 108 Stat. 2894) is amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsections (c).
TITLE XIII--COOPERATIVE THREAT REDUCTION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION
PROGRAMS AND FUNDS.
(a) Specification of Cooperative Threat Reduction
Programs.--For purposes of section 301 and other provisions
of this Act, Cooperative Threat Reduction programs are the
programs specified in section 1501 of the National Defense
Authorization Act for Fiscal Year 1997 (50 U.S.C. 2362 note).
(b) Fiscal Year 2009 Cooperative Threat Reduction Funds
Defined.--As used in this title, the term ``fiscal year 2009
Cooperative Threat Reduction funds'' means the funds
appropriated pursuant to the authorization of appropriations
in section 301 for Cooperative Threat Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to
the authorization of appropriations in section 301 for
Cooperative Threat Reduction programs shall be available for
obligation for fiscal years 2009, 2010, and 2011.
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the $434,135,000
authorized to be appropriated to the Department of Defense
for fiscal year 2009 in section 301(19) for Cooperative
Threat Reduction programs, the following amounts may be
obligated for the purposes specified:
(1) For strategic offensive arms elimination in Russia,
$79,985,000.
(2) For strategic nuclear arms elimination in Ukraine,
$6,400,000.
(3) For nuclear weapons storage security in Russia,
$24,101,000.
(4) For nuclear weapons transportation security in Russia,
$40,800,000.
(5) For weapons of mass destruction proliferation
prevention in the states of the former Soviet Union,
$59,286,000.
(6) For biological threat reduction in the former Soviet
Union, $184,463,000.
[[Page 20894]]
(7) For chemical weapons destruction, $1,000,000.
(8) For defense and military contacts, $8,000,000.
(9) For new Cooperative Threat Reduction initiatives,
$10,000,000.
(10) For activities designated as Other Assessments/
Administrative Costs, $20,100,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2009 Cooperative Threat Reduction
funds may be obligated or expended for a purpose other than a
purpose listed in paragraphs (1) through (10) of subsection
(a) until 15 days after the date that the Secretary of
Defense submits to Congress a report on the purpose for which
the funds will be obligated or expended and the amount of
funds to be obligated or expended. Nothing in the preceding
sentence shall be construed as authorizing the obligation or
expenditure of fiscal year 2009 Cooperative Threat Reduction
funds for a purpose for which the obligation or expenditure
of such funds is specifically prohibited under this title or
any other provision of law.
(c) Limited Authority to Vary Individual Amounts.--
(1) In general.--Subject to paragraph (2), in any case in
which the Secretary of Defense determines that it is
necessary to do so in the national interest, the Secretary
may obligate amounts appropriated for fiscal year 2009 for a
purpose listed in paragraphs (1) through (10) of subsection
(a) in excess of the specific amount authorized for that
purpose.
(2) Notice-and-wait required.--An obligation of funds for a
purpose stated in paragraphs (1) through (10) of subsection
(a) in excess of the specific amount authorized for such
purpose may be made using the authority provided in paragraph
(1) only after--
(A) the Secretary submits to Congress notification of the
intent to do so together with a complete discussion of the
justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. National Defense Sealift Fund.
Sec. 1403. Defense Health Program.
Sec. 1404. Chemical agents and munitions destruction, defense.
Sec. 1405. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1406. Defense Inspector General.
Sec. 1407. National Defense Sealift Fund amendments.
Subtitle B--National Defense Stockpile
Sec. 1411. Authorized uses of National Defense Stockpile funds.
Sec. 1412. Revisions to previously authorized disposals from the
National Defense Stockpile.
Subtitle C--Armed Forces Retirement Home
Sec. 1421. Authorization of appropriations for Armed Forces Retirement
Home.
Subtitle A--Military Programs
SEC. 1401. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal
year 2009 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
providing capital for working capital and revolving funds in
amounts as follows:
(1) For the Defense Working Capital Funds, $198,150,000.
(2) For the Defense Working Capital Fund, Defense
Commissary, $1,291,084,000.
SEC. 1402. NATIONAL DEFENSE SEALIFT FUND.
Funds are hereby authorized to be appropriated for fiscal
year 2009 for the National Defense Sealift Fund in the amount
of $1,608,572,000.
SEC. 1403. DEFENSE HEALTH PROGRAM.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for the Department of Defense
for fiscal year 2009 for expenses, not otherwise provided
for, for the Defense Health Program, in the amount of
$24,966,917,000, of which--
(1) $24,467,074,000 is for Operation and Maintenance;
(2) $195,938,000 is for Research, Development, Test, and
Evaluation; and
(3) $303,905,000 is for Procurement.
(b) Source of Certain Funds.--Of the amount available under
subsection (a), $1,300,000,000 shall, to the extent provided
in advance in an Act making appropriations for fiscal year
2009, be available by transfer from the National Defense
Stockpile Transaction Fund established under subsection (a)
of section 9 of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98h).
SEC. 1404. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,
DEFENSE.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for the Department of Defense
for fiscal year 2009 for expenses, not otherwise provided
for, for Chemical Agents and Munitions Destruction, Defense,
in the amount of $1,485,634,000, of which--
(1) $1,152,668,000 is for Operation and Maintenance;
(2) $268,881,000 is for Research, Development, Test, and
Evaluation; and
(3) $64,085,000 is for Procurement.
(b) Use.--Amounts authorized to be appropriated under
subsection (a) are authorized for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such
Act.
SEC. 1405. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,
DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2009 for expenses, not
otherwise provided for, for Drug Interdiction and Counter-
Drug Activities, Defense-wide, in the amount of
$1,060,463,000.
SEC. 1406. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2009 for expenses, not
otherwise provided for, for the Office of the Inspector
General of the Department of Defense, in the amount of
$273,845,000, of which--
(1) $270,445,000 is for Operation and Maintenance; and
(2) $3,400,000 is for Procurement.
SEC. 1407. NATIONAL DEFENSE SEALIFT FUND AMENDMENTS.
Section 2218 of title 10, United States Code, is amended--
(1) by striking subsection (j) and redesignating
subsections (k) and (l) as subsections (j) and (k),
respectively; and
(2) in paragraph (2) of subsection (k) (as so
redesignated), by striking subparagraphs (B) thru (I) and
inserting the following new subparagraph (B):
``(B) Any other auxiliary vessel that was procured or
chartered with specific authorization in law for the vessel,
or class of vessels, to be funded in the National Defense
Sealift Fund.''.
Subtitle B--National Defense Stockpile
SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE
FUNDS.
(a) Obligation of Stockpile Funds.--During fiscal year
2009, the National Defense Stockpile Manager may obligate up
to $41,153,000 of the funds in the National Defense Stockpile
Transaction Fund established under subsection (a) of section
9 of the Strategic and Critical Materials Stock Piling Act
(50 U.S.C. 98h) for the authorized uses of such funds under
subsection (b)(2) of such section, including the disposal of
hazardous materials that are environmentally sensitive.
(b) Additional Obligations.--The National Defense Stockpile
Manager may obligate amounts in excess of the amount
specified in subsection (a) if the National Defense Stockpile
Manager notifies Congress that extraordinary or emergency
conditions necessitate the additional obligations. The
National Defense Stockpile Manager may make the additional
obligations described in the notification after the end of
the 45-day period beginning on the date on which Congress
receives the notification.
(c) Limitations.--The authorities provided by this section
shall be subject to such limitations as may be provided in
appropriations Acts.
SEC. 1412. REVISIONS TO PREVIOUSLY AUTHORIZED DISPOSALS FROM
THE NATIONAL DEFENSE STOCKPILE.
(a) Fiscal Year 1999 Disposal Authority.--Section
3303(a)(7) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261;
50 U.S.C. 98d note), as most recently amended by section
1412(b) of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 418), is further
amended by striking ``$1,066,000,000 by the end of fiscal
year 2015'' and inserting ``$1,386,000,000 by the end of
fiscal year 2016''.
(b) Fiscal Year 1998 Disposal Authority.--Section
3305(a)(5) of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 50 U.S.C. 98d note), as
most recently amended by section 3302(b) of the John Warner
National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 120 Stat. 2513), is further amended by
striking ``2008'' and inserting ``2009''.
Subtitle C--Armed Forces Retirement Home
SEC. 1421. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES
RETIREMENT HOME.
There is authorized to be appropriated for fiscal year 2009
from the Armed Forces Retirement Home Trust Fund the sum of
$63,010,000 for the operation of the Armed Forces Retirement
Home.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OPERATION
IRAQI FREEDOM AND OPERATION ENDURING FREEDOM
Sec. 1501. Authorization of additional appropriations for operations in
Afghanistan and Iraq for fiscal year 2009.
Sec. 1502. Requirement for separate display of budgets for Afghanistan
and Iraq.
Sec. 1503. Joint Improvised Explosive Device Defeat Fund.
Sec. 1504. Science and technology investment strategy to defeat or
counter improvised explosive devices.
Sec. 1505. Limitations on Iraq Security Forces Fund.
Sec. 1506. Limitations on Afghanistan Security Forces Fund.
[[Page 20895]]
Sec. 1507. Special transfer authority.
Sec. 1508. Prohibition on use of United States funds for certain
facilities projects in Iraq and contributions by the
Government of Iraq to combined operations and other
activities in Iraq.
SEC. 1501. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR
OPERATIONS IN AFGHANISTAN AND IRAQ FOR FISCAL
YEAR 2009.
(a) Authorization of Previously Appropriated Amounts.--In
addition to the amounts otherwise authorized to be
appropriated by division A of this Act, the amounts
appropriated for fiscal year 2009 in chapter 2 of title IX of
the Supplemental Appropriations Act, 2008 (Public Law 110-
252; 122 Stat. 2405-2414) are hereby authorized to be
appropriated.
(b) Additional Authorization.--In addition to the amounts
otherwise authorized to be appropriated by division A of this
Act and subsection (a), funds in the amount of $2,076,000,000
are hereby authorized to be appropriated for aircraft
procurement, Air Force, for the purpose of acquiring six C-17
aircraft.
SEC. 1502. REQUIREMENT FOR SEPARATE DISPLAY OF BUDGETS FOR
AFGHANISTAN AND IRAQ.
(a) Operations in Iraq and Afghanistan.--In any annual or
supplemental budget request for the Department of Defense
that is submitted to Congress after the date of the enactment
of this Act, the Secretary of Defense shall set forth
separately any funding requested in such budget request for--
(1) operations of the Department of Defense in Afghanistan;
and
(2) operations of the Department of Defense in Iraq.
(b) Specificity of Display.--Each budget request covered by
subsection (a) shall, for any funding requested for
operations in Iraq or Afghanistan--
(1) clearly display the amount of such funding at the
appropriation account level and at the program, project, or
activity level; and
(2) include a detailed description of the assumptions
underlying the funding for the period covered by the budget
request, including the anticipated troop levels, the
operations intended to be carried out, and the equipment
reset requirements necessary to support such operations.
SEC. 1503. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.
(a) Use and Transfer of Funds.--Subsections (b) and (c) of
section 1514 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364;
120 Stat. 2439), as amended by subsection (b), shall apply to
the funds appropriated pursuant to the authorization of
appropriations in section 1501 of this Act and made available
to the Department of Defense for the Joint Improvised
Explosive Device Defeat Fund.
(b) Modification of Funds Transfer Authority.--Section
1514(c)(1) of the John Warner National Defense Authorization
Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2439)
is amended--
(1) by striking subparagraph (A); and
(2) by redesignating subparagraphs (B) through (E) as
subparagraphs (A) through (D), respectively.
(c) Prior Notice of Transfer of Funds.--Section 1514(c)(4)
of the John Warner National Defense Authorization Act for
Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2439) is
amended by inserting after ``five days'' the following: ``(in
the case of the obligation of funds) or 15 days (in the case
of a transfer of funds)''.
(d) Monthly Obligations and Expenditure Reports.--Not later
than 15 days after the end of each month of fiscal year 2009,
the Secretary of Defense shall provide to the congressional
defense committees a report on the Joint Improvised Explosive
Device Defeat Fund explaining monthly commitments,
obligations, and expenditures by line of action.
(e) Modification of Submittal Date of Other Reports.--
Section 1514(e) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364;
120 Stat. 2440) is amended by striking ``30 days'' and
inserting ``60 days''.
SEC. 1504. SCIENCE AND TECHNOLOGY INVESTMENT STRATEGY TO
DEFEAT OR COUNTER IMPROVISED EXPLOSIVE DEVICES.
(a) Strategy Required.--The Director of the Joint
Improvised Explosive Device Defeat Organization (JIEDDO),
jointly with the Director of Defense Research and
Engineering, shall develop a comprehensive science and
technology investment strategy for countering the threat of
improvised explosive devices (IEDs).
(b) Elements.--The strategy developed under subsection (a)
shall include the following:
(1) Identification of counter-IED capability gaps.
(2) A taxonomy describing the major technical areas for the
Department of Defense to address the counter-IED capability
gaps and in which science and technology funding investments
should be made.
(3) Identification of funded programs to develop or mature
technologies from or to the level of system or subsystem
model or prototype demonstration in a relevant environment,
and investment levels for those initiatives.
(4) Identification of JIEDDO's mechanisms for coordinating
Department of Defense and Federal Government science and
technology activities in areas covered by the strategy.
(5) Identification of technology transition mechanisms
developed or utilized to efficiently transition technologies
to acquisition programs of the Department of Defense or into
operational use, including a summary of counter-IED
technologies transitioned from JIEDDO, the military
departments, and other Defense Agencies to the acquisition
programs or into operational use.
(6) Identification of high priority basic research efforts
that should be addressed through JIEDDO or other Department
of Defense activities to support development of next
generation IED defeat capabilities.
(7) Identification of barriers or issues, such as
industrial base, workforce, or statutory or regulatory
barriers, that could hinder the efficient and effective
development and operational use of advanced IED defeat
capabilities, and discussion of activities undertaken to
address them.
(8) Identification of the measures of effectiveness for the
overall Department of Defense science and technology counter-
IED effort.
(9) Such other matters as the Director of the JIEDDO and
the Director of Defense Research and Engineering consider
appropriate.
(c) Report.--Not later than March 1, 2009, and each March 1
thereafter through March 1, 2013, the Director of the JIEDDO
and the Director of Defense Research and Engineering shall
jointly submit to the congressional defense committees a
report describing the implementation of the strategy
developed under subsection (a). The report may be in
unclassified and classified format, as necessary.
SEC. 1505. LIMITATIONS ON IRAQ SECURITY FORCES FUND.
Funds appropriated pursuant to the authorization of
appropriations in section 1501 of this Act or in the
Supplemental Appropriations Act, 2008 (Public Law 110-252;
122 Stat. 2407) and made available to the Department of
Defense for the Iraq Security Forces Fund shall be subject to
the conditions contained in subsections (b) through (g) of
section 1512 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 426).
SEC. 1506. LIMITATIONS ON AFGHANISTAN SECURITY FORCES FUND.
Funds appropriated pursuant to the authorization of
appropriations in section 1501 of this Act or in the
Supplemental Appropriations Act, 2008 (Public Law 110-252;
122 Stat. 2407) and made available to the Department of
Defense for the Afghanistan Security Forces Fund shall be
subject to the conditions contained in subsections (b)
through (g) of section 1513 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181;
122 Stat. 428).
SEC. 1507. SPECIAL TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national
interest, the Secretary may transfer amounts of
authorizations made available to the Department of Defense in
this title for fiscal year 2009 between any such
authorizations for that fiscal year (or any subdivisions
thereof). Amounts of authorizations so transferred shall be
merged with and be available for the same purposes as the
authorization to which transferred.
(2) Limitation.--The total amount of authorizations that
the Secretary may transfer under the authority of this
section may not exceed $4,000,000,000.
(b) Terms and Conditions.--Transfers under this section
shall be subject to the same terms and conditions as
transfers under section 1001.
(c) Additional Authority.--The transfer authority provided
by this section is in addition to the transfer authority
provided under section 1001.
SEC. 1508. PROHIBITION ON USE OF UNITED STATES FUNDS FOR
CERTAIN FACILITIES PROJECTS IN IRAQ AND
CONTRIBUTIONS BY THE GOVERNMENT OF IRAQ TO
COMBINED OPERATIONS AND OTHER ACTIVITIES IN
IRAQ.
(a) Prohibition Related to Facilities for Government of
Iraq.--
(1) Prohibition on availability of united states funds for
projects.--Except as provided in paragraph (2), amounts
authorized to be appropriated by this title may not be
obligated or expended for the acquisition, conversion,
rehabilitation, or installation of facilities in Iraq for the
use of the Government of Iraq, political subdivisions of
Iraq, or agencies, departments, or forces of the Government
of Iraq or such political subdivisions.
(2) Exceptions.--
(A) Exception for cerp.--The prohibition in paragraph (1)
does not apply to amounts authorized to be appropriated by
this title for the Commanders' Emergency Response Program
(CERP).
(B) Exception for military construction.--The prohibition
in paragraph (1) does not apply to military construction (as
defined in section 2801 of title 10, United States Code),
carried out in Iraq.
[[Page 20896]]
(C) Exception for technical assistance.--The prohibition in
paragraph (1) does not apply to the provision of technical
assistance necessary to assist the Government of Iraq to
carry out facilities projects on its own behalf.
(b) Combined Operations.--
(1) Cost sharing.--The United States Government shall
initiate negotiations with the Government of Iraq on an
agreement under which the Government of Iraq shall share with
the United States Government the costs of combined operations
of the Government of Iraq and the Multi-National Forces Iraq
undertaken as part of Operation Iraqi Freedom.
(2) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall, in
conjunction with the Secretary of Defense, submit to Congress
a report describing the status of negotiations under
paragraph (1).
(c) Iraqi Security Forces.--
(1) Use of iraq funds.--The United States Government shall
take actions to ensure that Iraq funds are used to pay the
costs of the salaries, training, equipping, and sustainment
of Iraqi Security Forces.
(2) Reports.--Not later than 90 days after the date of the
enactment of this Act, and every 180 days thereafter, the
President shall submit to Congress a report setting forth an
assessment of the progress made in meeting the requirements
of paragraph (1).
TITLE XVI--RECONSTRUCTION AND STABILIZATION CIVILIAN MANAGEMENT
Sec. 1601. Short title.
Sec. 1602. Findings.
Sec. 1603. Definitions.
Sec. 1604. Authority to provide assistance for reconstruction and
stabilization crises.
Sec. 1605. Reconstruction and stabilization.
Sec. 1606. Authorities related to personnel.
Sec. 1607. Reconstruction and stabilization strategy.
Sec. 1608. Annual reports to Congress.
SEC. 1601. SHORT TITLE.
This title may be cited as the ``Reconstruction and
Stabilization Civilian Management Act of 2008''.
SEC. 1602. FINDINGS.
Congress finds the following:
(1) In June 2004, the Office of the Coordinator for
Reconstruction and Stabilization (referred to as the
``Coordinator'') was established in the Department of State
with the mandate to lead, coordinate, and institutionalize
United States Government civilian capacity to prevent or
prepare for post-conflict situations and help reconstruct and
stabilize a country or region that is at risk of, in, or is
in transition from, conflict or civil strife.
(2) In December 2005, the Coordinator's mandate was
reaffirmed by the National Security Presidential Directive
44, which instructed the Secretary of State, and at the
Secretary's direction, the Coordinator, to coordinate and
lead integrated United States Government efforts, involving
all United States departments and agencies with relevant
capabilities, to prepare, plan for, and conduct
reconstruction and stabilization operations.
(3) National Security Presidential Directive 44 assigns to
the Secretary, with the Coordinator's assistance, the lead
role to develop reconstruction and stabilization strategies,
ensure civilian interagency program and policy coordination,
coordinate interagency processes to identify countries at
risk of instability, provide decision-makers with detailed
options for an integrated United States Government response
in connection with reconstruction and stabilization
operations, and carry out a wide range of other actions,
including the development of a civilian surge capacity to
meet reconstruction and stabilization emergencies. The
Secretary and the Coordinator are also charged with
coordinating with the Department of Defense on reconstruction
and stabilization responses, and integrating planning and
implementing procedures.
(4) The Department of Defense issued Directive 3000.05,
which establishes that stability operations are a core United
States military mission that the Department of Defense must
be prepared to conduct and support, provides guidance on
stability operations that will evolve over time, and assigns
responsibilities within the Department of Defense for
planning, training, and preparing to conduct and support
stability operations.
(5) The President's Fiscal Year 2009 Budget Request to
Congress includes $248.6 million for a Civilian Stabilization
Initiative that would vastly improve civilian partnership
with United States Armed Forces in post-conflict
stabilization situations, including by establishing a Active
Response Corps of 250 persons, a Standby Response Corps of
2,000 persons, and a Civilian Response Corps of 2,000
persons.
SEC. 1603. DEFINITIONS.
In this title:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the United States Agency for International
Development.
(2) Agency.--The term ``agency'' means any entity included
in chapter 1 of title 5, United States Code.
(3) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee
on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(4) Department.--Except as otherwise provided in this
title, the term ``Department'' means the Department of State.
(5) Personnel.--The term ``personnel'' means individuals
serving in any service described in section 2101 of title 5,
United States Code, other than in the legislative or judicial
branch.
(6) Secretary.--The term ``Secretary'' means the Secretary
of State.
SEC. 1604. AUTHORITY TO PROVIDE ASSISTANCE FOR RECONSTRUCTION
AND STABILIZATION CRISES.
Chapter 1 of part III of the Foreign Assistance Act of 1961
(22 U.S.C. 2351 et seq.) is amended by inserting after
section 617 the following new section:
``SEC. 618. ASSISTANCE FOR A RECONSTRUCTION AND STABILIZATION
CRISIS.
``(a) Assistance.--
``(1) In general.--If the President determines that it is
in the national security interests of the United States for
United States civilian agencies or non-Federal employees to
assist in reconstructing and stabilizing a country or region
that is at risk of, in, or is in transition from, conflict or
civil strife, the President may, in accordance with the
provisions set forth in section 614(a)(3), but
notwithstanding any other provision of law, and on such terms
and conditions as the President may determine, furnish
assistance to such country or region for reconstruction or
stabilization using funds described in paragraph (2).
``(2) Funds described.--The funds referred to in paragraph
(1) are funds made available under any other provision of
this Act, and transferred or reprogrammed for purposes of
this section, and such transfer or reprogramming shall be
subject to the procedures applicable to a notification under
section 634A of this Act.
``(3) Rule of construction.--Nothing in this section shall
be construed to provide authority to transfer funds between
accounts or between Federal departments or agencies.
``(b) Limitation.--The authority contained in this section
may be exercised only during fiscal years 2009, 2010, and
2011.''.
SEC. 1605. RECONSTRUCTION AND STABILIZATION.
Title I of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2651a et seq.) is amended by adding at the
end the following new section:
``SEC. 62. RECONSTRUCTION AND STABILIZATION.
``(a) Office of the Coordinator for Reconstruction and
Stabilization.--
``(1) Establishment.--There is established within the
Department of State the Office of the Coordinator for
Reconstruction and Stabilization.
``(2) Coordinator for reconstruction and stabilization.--
The head of the Office shall be the Coordinator for
Reconstruction and Stabilization, who shall be appointed by
the President, by and with the advice and consent of the
Senate. The Coordinator shall report directly to the
Secretary.
``(3) Functions.--The functions of the Office of the
Coordinator for Reconstruction and Stabilization shall
include the following:
``(A) Monitoring, in coordination with relevant bureaus and
offices of the Department of State and the United States
Agency for International Development (USAID), political and
economic instability worldwide to anticipate the need for
mobilizing United States and international assistance for the
reconstruction and stabilization of a country or region that
is at risk of, in, or are in transition from, conflict or
civil strife.
``(B) Assessing the various types of reconstruction and
stabilization crises that could occur and cataloging and
monitoring the non-military resources and capabilities of
agencies (as such term is defined in section 1603 of the
Reconstruction and Stabilization Civilian Management Act of
2008) that are available to address such crises.
``(C) Planning, in conjunction with USAID, to address
requirements, such as demobilization, disarmament, rebuilding
of civil society, policing, human rights monitoring, and
public information, that commonly arise in reconstruction and
stabilization crises.
``(D) Coordinating with relevant agencies to develop
interagency contingency plans and procedures to mobilize and
deploy civilian personnel and conduct reconstruction and
stabilization operations to address the various types of such
crises.
``(E) Entering into appropriate arrangements with agencies
to carry out activities under this section and the
Reconstruction and Stabilization Civilian Management Act of
2008.
``(F) Identifying personnel in State and local governments
and in the private sector who are available to participate in
the Civilian Reserve Corps established under subsection (b)
or to otherwise participate in or contribute to
reconstruction and stabilization activities.
``(G) Taking steps to ensure that training and education of
civilian personnel to perform such reconstruction and
stabilization activities is adequate and is carried out, as
appropriate, with other agencies involved with stabilization
operations.
[[Page 20897]]
``(H) Taking steps to ensure that plans for United States
reconstruction and stabilization operations are coordinated
with and complementary to reconstruction and stabilization
activities of other governments and international and
nongovernmental organizations, to improve effectiveness and
avoid duplication.
``(I) Maintaining the capacity to field on short notice an
evaluation team consisting of personnel from all relevant
agencies to undertake on-site needs assessment.
``(b) Response Readiness Corps.--
``(1) Response readiness corps.--The Secretary, in
consultation with the Administrator of the United States
Agency for International Development and the heads of other
appropriate agencies of the United States Government, may
establish and maintain a Response Readiness Corps (referred
to in this section as the `Corps') to provide assistance in
support of reconstruction and stabilization operations in
countries or regions that are at risk of, in, or are in
transition from, conflict or civil strife. The Corps shall be
composed of active and standby components consisting of
United States Government personnel, including employees of
the Department of State, the United States Agency for
International Development, and other agencies who are
recruited and trained (and employed in the case of the active
component) to provide such assistance when deployed to do so
by the Secretary to support the purposes of this Act.
``(2) Civilian reserve corps.--The Secretary, in
consultation with the Administrator of the United States
Agency for International Development, may establish a
Civilian Reserve Corps for which purpose the Secretary is
authorized to employ and train individuals who have the
skills necessary for carrying out reconstruction and
stabilization activities, and who have volunteered for that
purpose. The Secretary may deploy members of the Civilian
Reserve Corps pursuant to a determination by the President
under section 618 of the Foreign Assistance Act of 1961.
``(3) Mitigation of domestic impact.--The establishment and
deployment of any Civilian Reserve Corps shall be undertaken
in a manner that will avoid substantively impairing the
capacity and readiness of any State and local governments
from which Civilian Reserve Corps personnel may be drawn.
``(c) Existing Training and Education Programs.--The
Secretary shall ensure that personnel of the Department, and,
in coordination with the Administrator of USAID, that
personnel of USAID, make use of the relevant existing
training and education programs offered within the
Government, such as those at the Center for Stabilization and
Reconstruction Studies at the Naval Postgraduate School and
the Interagency Training, Education, and After Action Review
Program at the National Defense University.''.
SEC. 1606. AUTHORITIES RELATED TO PERSONNEL.
(a) Extension of Certain Foreign Service Benefits.--The
Secretary, or the head of any agency with respect to
personnel of that agency, may extend to any individuals
assigned, detailed, or deployed to carry out reconstruction
and stabilization activities pursuant to section 62 of the
State Department Basic Authorities Act of 1956 (as added by
section 1605 of this title), the benefits or privileges set
forth in sections 413, 704, and 901 of the Foreign Service
Act of 1980 (22 U.S.C. 3973, 22 U.S.C. 4024, and 22 U.S.C.
4081) to the same extent and manner that such benefits and
privileges are extended to members of the Foreign Service.
(b) Authority Regarding Details.--The Secretary is
authorized to accept details or assignments of any personnel,
and any employee of a State or local government, on a
reimbursable or nonreimbursable basis for the purpose of
carrying out this title, and the head of any agency is
authorized to detail or assign personnel of such agency on a
reimbursable or nonreimbursable basis to the Department of
State for purposes of section 62 of the State Department
Basic Authorities Act of 1956, as added by section 1605 of
this title.
SEC. 1607. RECONSTRUCTION AND STABILIZATION STRATEGY.
(a) In General.--The Secretary of State, in consultation
with the Administrator of the United States Agency for
International Development, shall develop an interagency
strategy to respond to reconstruction and stabilization
operations.
(b) Contents.--The strategy required under subsection (a)
shall include the following:
(1) Identification of and efforts to improve the skills
sets needed to respond to and support reconstruction and
stabilization operations in countries or regions that are at
risk of, in, or are in transition from, conflict or civil
strife.
(2) Identification of specific agencies that can adequately
satisfy the skills sets referred to in paragraph (1).
(3) Efforts to increase training of Federal civilian
personnel to carry out reconstruction and stabilization
activities.
(4) Efforts to develop a database of proven and best
practices based on previous reconstruction and stabilization
operations.
(5) A plan to coordinate the activities of agencies
involved in reconstruction and stabilization operations.
SEC. 1608. ANNUAL REPORTS TO CONGRESS.
Not later than 180 days after the date of the enactment of
this Act and annually for each of the five years thereafter,
the Secretary of State shall submit to the appropriate
congressional committees a report on the implementation of
this title. The report shall include detailed information on
the following:
(1) Any steps taken to establish a Response Readiness Corps
and a Civilian Reserve Corps, pursuant to section 62 of the
State Department Basic Authorities Act of 1956 (as added by
section 1605 of this title).
(2) The structure, operations, and cost of the Response
Readiness Corps and the Civilian Reserve Corps, if
established.
(3) How the Response Readiness Corps and the Civilian
Reserve Corps coordinate, interact, and work with other
United States foreign assistance programs.
(4) An assessment of the impact that deployment of the
Civilian Reserve Corps, if any, has had on the capacity and
readiness of any domestic agencies or State and local
governments from which Civilian Reserve Corps personnel are
drawn.
(5) The reconstruction and stabilization strategy required
by section 1607 and any annual updates to that strategy.
(6) Recommendations to improve implementation of subsection
(b) of section 62 of the State Department Basic Authorities
Act of 1956, including measures to enhance the recruitment
and retention of an effective Civilian Reserve Corps.
(7) A description of anticipated costs associated with the
development, annual sustainment, and deployment of the
Civilian Reserve Corps.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2009''.
SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED
TO BE SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except
as provided in subsection (b), all authorizations contained
in titles XXI through XXVII and title XXIX for military
construction projects, land acquisition, family housing
projects and facilities, and contributions to the North
Atlantic Treaty Organization Security Investment Program (and
authorizations of appropriations therefor) shall expire on
the later of--
(1) October 1, 2011; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2012.
(b) Exception.--Subsection (a) shall not apply to
authorizations for military construction projects, land
acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization
Security Investment Program (and authorizations of
appropriations therefor), for which appropriated funds have
been obligated before the later of--
(1) October 1, 2011; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2012 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization
Security Investment Program.
SEC. 2003. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, XXVI, XXVII, and XXIX
shall take effect on the later of--
(1) October 1, 2008; or
(2) the date of the enactment of this Act.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year
2008 projects.
Sec. 2106. Modification of authority to carry out certain fiscal year
2007 projects.
Sec. 2107. Extension of authorizations of certain fiscal year 2006
projects.
Sec. 2108. Extension of authorization of certain fiscal year 2005
project.
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(1), the Secretary of the Army may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
[[Page 20898]]
Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama.................................... Anniston Army Depot............................. $46,400,000
Fort Rucker..................................... $6,800,000
Redstone Arsenal................................ $16,500,000
Alaska..................................... Fort Richardson................................. $18,100,000
Fort Wainwright................................. $110,400,000
Arizona.................................... Fort Huachuca................................... $13,200,000
Yuma Proving Ground............................. $3,800,000
California................................. Fort Irwin...................................... $39,600,000
Presidio, Monterey.............................. $15,000,000
Sierra Army Depot............................... $12,400,000
Colorado................................... Fort Carson..................................... $534,000,000
Georgia.................................... Fort Benning.................................... $267,800,000
Fort Stewart/Hunter Army Air Field.............. $432,300,000
Hawaii..................................... Pohakuloa Training Area......................... $30,000,000
Schofield Barracks.............................. $279,000,000
Wahiawa......................................... $40,000,000
Indiana.................................... Crane Army Ammunition Activity.................. $8,300,000
Kansas..................................... Fort Leavenworth................................ $4,200,000
Fort Riley...................................... $158,000,000
Kentucky................................... Fort Campbell................................... $118,113,000
Louisiana.................................. Fort Polk....................................... $29,000,000
Michigan................................... Detroit Arsenal................................. $6,100,000
Missouri................................... Fort Leonard Wood............................... $42,550,000
New Jersey................................. Picatinny Arsenal............................... $9,900,000
New York................................... Fort Drum....................................... $96,900,000
United States Military Academy.................. $67,000,000
North Carolina............................. Fort Bragg...................................... $58,400,000
Oklahoma................................... Fort Sill....................................... $63,000,000
McAlester Army Ammunition Plant................. $5,800,000
Pennsylvania............................... Carlisle Barracks............................... $13,400,000
Letterkenny Army Depot.......................... $7,500,000
Tobyhanna Army Depot............................ $15,000,000
South Carolina............................. Fort Jackson.................................... $30,000,000
Texas...................................... Camp Bullis..................................... $4,200,000
Corpus Christi Army Depot....................... $39,000,000
Fort Bliss...................................... $1,044,300,000
Fort Hood....................................... $49,500,000
Fort Sam Houston................................ $96,000,000
Red River Army Depot............................ $6,900,000
Virginia................................... Fort Belvoir.................................... $7,200,000
Fort Eustis..................................... $31,900,000
Fort Lee........................................ $100,600,000
Fort Myer....................................... $14,000,000
Washington................................. Fort Lewis...................................... $158,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(2), the Secretary of the Army may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:
Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Afghanistan................................ Bagram Air Base................................. $67,000,000
Germany.................................... Katterbach...................................... $19,000,000
Wiesbaden Air Base.............................. $119,000,000
Japan...................................... Camp Zama....................................... $2,350,000
Sagamihara...................................... $17,500,000
Korea...................................... Camp Humphreys.................................. $20,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2104(a)(5)(A), the Secretary of the Army may
construct or acquire family housing units (including land
acquisition and supporting facilities) at the installations
or locations, in the number of units, and in the amounts set
forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Germany............................... Wiesbaden Air Base........ 326...................... $133,000,000
Korea................................. Camp Humphreys............ 216...................... $125,000,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(5)(A), the Secretary of the Army may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of family housing units in an amount not to
exceed $579,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2104(a)(5)(A), the Secretary of
the Army may improve existing military family housing units
in an amount not to exceed $420,001,000.
[[Page 20899]]
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2008, for military construction, land acquisition, and
military family housing functions of the Department of the
Army in the total amount of $5,973,388,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $4,010,063,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $185,350,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$23,000,000.
(4) For host nation support and architectural and
engineering services and construction design under section
2807 of title 10, United States Code, $178,685,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$646,580,000.
(B) For support of military family housing (including the
functions described in section 2833 of title 10, United
States Code), $716,110,000.
(6) For the construction of increment 3 of a barracks
complex at Fort Lewis, Washington, authorized by section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat.
2445), as amended by section 20814 of the Continuing
Appropriations Resolution, 2007 (division B of Public Law
109-289), as added by section 2 of the Revised Continuing
Resolution, 2007 (Public Law 110-5; 121 Stat 41),
$102,000,000.
(7) For the construction of increment 2 of the United
States Southern Command Headquarters at Miami Doral, Florida,
authorized by section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 2008 (division B of Public
Law 110-181; 122 Stat. 504), $81,600,000.
(8) For the construction of increment 2 of the brigade
complex operations support facility at Vicenza, Italy,
authorized by section 2101(b) of the Military Construction
Authorization Act for Fiscal Year 2008 (division B of Public
Law 110-181; 122 Stat. 505), $15,000,000.
(9) For the construction of increment 2 of the brigade
complex barracks and community support facility at Vicenza,
Italy, authorized by section 2101(b) of the Military
Construction Authorization Act for Fiscal Year 2008 (division
B of Public Law 110-181; 122 Stat. 505), $15,000,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2401 of this Act may not exceed the
sum of the following:
(1) The total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
(2) $60,000,000 (the balance of the amount authorized under
section 2101(a) for barracks and a dining facility at Fort
Carson, Colorado).
(3) $80,000,000 (the balance of the amount authorized under
section 2101(a) for barracks and a dining facility at Fort
Stewart, Georgia).
(4) $59,500,000 (the balance of the amount authorized under
section 2101(b) for the construction of a headquarters
element in Wiesbaden, Germany).
(5) $101,000,000 (the balance of the amount authorized
under section 2102(a) for family housing at Wiesbaden,
Germany).
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2008 PROJECTS.
(a) Inside the United States Projects.--The table in
section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 2008 (division B of Public Law 110-181;
122 Stat. 504) is amended--
(1) in the item relating to Hawthorne Army Ammunition
Plant, Nevada, by striking ``$11,800,000'' in the amount
column and inserting ``$7,300,000'';
(2) in the item relating to Fort Drum, New York, by
striking ``$311,200,000'' in the amount column and inserting
``$304,600,000''; and
(3) in the item relating to Fort Bliss, Texas, by striking
``$118,400,000'' in the amount column and inserting
``$111,900,000''.
(b) Conforming Amendments.--Section 2104(a) of that Act
(122 Stat. 506) is amended--
(1) in the matter preceding paragraph (1), by striking
``$5,106,703,000'' and inserting ``$5,089,103,000''; and
(2) in paragraph (1), by striking ``$3,198,150,000'' and
inserting ``$3,180,550,000''.
SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2007 PROJECTS.
(a) Inside the United States Projects.--The table in
section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 2007 (division B of Public Law 109-364;
120 Stat. 2445), as amended by section 20814 of the
Continuing Appropriations Resolution, 2007 (division B of
Public Law 109-289) and section 2105(a) of the Military
Construction Authorization Act for Fiscal Year 2008 (division
B of Public Law 110-181; 122 Stat. 507), is further amended
in the item relating to Fort Bragg, North Carolina, by
striking ``$96,900,000'' in the amount column and inserting
``$75,900,000''.
(b) Outside the United States Projects.--The table in
section 2101(b) of the Military Construction Authorization
Act for Fiscal Year 2007 (division B of Public Law 109-364;
120 Stat. 2446), as amended by section 2106(a) of the
Military Construction Authorization Act for Fiscal Year 2008
(division B of Public Law 110-181; 122 Stat. 508), is further
amended in the item relating to Vicenza, Italy, by striking
``$223,000,000'' in the amount column and inserting
``$208,280,000''.
(c) Conforming Amendments.--Section 2104(a) of the Military
Construction Authorization Act for Fiscal Year 2007 (division
B of Public Law 109-364; 120 Stat. 2447), as amended by
section 2105(b) of the Military Construction Authorization
Act for Fiscal Year 2008 (division B of Public Law 110-181;
122 Stat. 508), is further amended--
(1) in the matter preceding paragraph (1), by striking
``$3,275,700,000'' and inserting ``$3,239,980,000'';
(2) in paragraph (1), by striking ``$1,119,450,000'' and
inserting ``$1,098,450,000''; and
(3) in paragraph (2), by striking ``$510,582,00'' and
inserting ``$495,862,000''.
SEC. 2107. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
2006 PROJECTS.
(a) Extension.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 2006
(division B of Public Law 109-163; 119 Stat. 3501), the
authorizations set forth in the table in subsection (b), as
provided in section 2101 of that Act (119 Stat. 3485), shall
remain in effect until October 1, 2009, or the date of the
enactment of an Act authorizing funds for military
construction for fiscal year 2010, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Army: Extension of 2006 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Installation or
State Location Project Amount
----------------------------------------------------------------------------------------------------------------
Hawaii............................ Pohakuloa........... Tactical Vehicle Wash $9,207,000
Facility.
Battle Area Complex.......... $33,660,000
Virginia.......................... Fort Belvoir........ Defense Access Road.......... $18,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2108. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR
2005 PROJECT.
(a) Extension.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 2005
(division B of Public Law 108-375; 118 Stat. 2116), the
authorization set forth in the table in subsection (b), as
provided in section 2101 of that Act (118 Stat. 2101) and
extended by section 2108 of the Military Construction
Authorization Act for Fiscal Year 2008 (division B of Public
Law 110-181; 122 Stat. 508), shall remain in effect until
October 1, 2009, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
2010, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Army: Extension of 2005 Project Authorization
----------------------------------------------------------------------------------------------------------------
Installation or
State Location Project Amount
----------------------------------------------------------------------------------------------------------------
Hawaii.............................. Schofield Barracks.... Training Facility.............. $35,542,000
----------------------------------------------------------------------------------------------------------------
[[Page 20900]]
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year
2005 project.
Sec. 2206. Modification of authority to carry out certain fiscal year
2007 projects.
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(1), the Secretary of the Navy may acquire real property
and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona.................................... Marine Corps Air Station, Yuma.................. $19,490,000
California................................. Marine Corps Logistics Base, Barstow............ $7,830,000
Marine Corps Base, Camp Pendleton............... $799,870,000
Naval Air Facility, El Centro................... $8,900,000
Marine Corps Air Station, Miramar............... $48,770,000
Naval Post Graduate School, Monterey............ $9,900,000
Naval Air Station, North Island................. $60,152,000
Naval Facility, San Clemente Island............. $34,020,000
Marine Corps Recruit Depot, San Diego........... $51,220,000
Marine Corps Base, Twentynine Palms............. $155,310,000
Connecticut................................ Naval Submarine Base, Groton.................... $46,060,000
Naval Submarine Base, New London................ $11,000,000
District of Columbia....................... Naval Support Activity, Washington.............. $24,220,000
Florida.................................... Naval Air Station, Jacksonville................. $12,890,000
Naval Station, Mayport.......................... $18,280,000
Naval Support Activity, Tampa................... $29,000,000
Georgia.................................... Marine Corps Logistics Base, Albany............. $15,320,000
Naval Submarine Base, Kings Bay................. $6,130,000
Hawaii..................................... Pacific Missile Range, Barking Sands............ $28,900,000
Marine Corps Base, Kaneohe...................... $28,200,000
Naval Station, Pearl Harbor..................... $80,290,000
Illinois................................... Recruit Training Command, Great Lakes........... $62,940,000
Maine...................................... Portsmouth Naval Shipyard....................... $30,640,000
Maryland................................... Naval Surface Warfare Center, Carderock......... $6,980,000
Naval Surface Warfare Center, Indian Head....... $25,980,000
Mississippi................................ Naval Construction Battalion Center, Gulfport... $12,770,000
Naval Air Station, Meridian..................... $6,340,000
New Jersey................................. Naval Air Warfare Center, Lakehurst............. $15,440,000
Naval Weapons Station, Earle.................... $8,160,000
North Carolina............................. Marine Corps Base, Camp Lejeune................. $353,090,000
Marine Corps Air Station, Cherry Point.......... $77,420,000
Marine Corps Air Station, New River............. $86,280,000
Pennsylvania............................... Naval Support Activity, Philadelphia............ $22,020,000
Rhode Island............................... Naval Station, Newport.......................... $39,800,000
South Carolina............................. Marine Corps Air Station, Beaufort.............. $5,940,000
Marine Corps Recruit Depot, Parris Island....... $64,750,000
Texas...................................... Naval Air Station, Corpus Christi............... $3,500,000
Naval Air Station, Kingsville................... $11,580,000
Virginia................................... Naval Station, Norfolk.......................... $73,280,000
Marine Corps Base, Quantico..................... $150,290,000
Washington................................. Naval Base, Kitsap.............................. $5,110,000
Naval Air Station Whidbey Island................ $6,160,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(2), the Secretary of the Navy may acquire real property
and carry out military construction projects for the
installation or location outside the United States, and in
the amounts, set forth in the following table:
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Cuba........................................ Naval Air Station, Guantanamo Bay................ $20,600,000
Diego Garcia................................ Diego Garcia..................................... $35,060,000
Djibouti.................................... Camp Lemonier.................................... $31,410,000
Guam........................................ Naval Activities, Guam........................... $88,430,000
----------------------------------------------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using the amounts appropriated
pursuant to the authorization of appropriations in section
2204(3), the Secretary of the Navy may acquire real property
and carry out military construction projects for unspecified
installations or locations in the amounts set forth in the
following table:
Navy: Unspecified Worldwide
----------------------------------------------------------------------------------------------------------------
Location Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Worldwide Unspecified....................... Unspecified Worldwide............................ $101,020,000
----------------------------------------------------------------------------------------------------------------
[[Page 20901]]
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2204(6)(A), the Secretary of the Navy may
construct or acquire family housing units (including land
acquisition and supporting facilities) at the installations
or locations, in the number of units, and in the amount set
forth in the following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
Location Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Guantanamo Bay......................... Naval Air Station, 146...................... $59,943,000
Guantanamo Bay.
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(6)(A), the Secretary of the Navy may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of family housing units in an amount not to
exceed $2,169,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2204(6)(A), the Secretary of the
Navy may improve existing military family housing units in an
amount not to exceed $318,011,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2008, for military
construction, land acquisition, and military family housing
functions of the Department of the Navy in the total amount
of $4,046,354,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $2,564,312,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $175,500,000.
(3) For military construction projects at unspecified
worldwide locations authorized by section 2201(c),
$101,020,000.
(4) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$13,670,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $246,528,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$380,123,000.
(B) For support of military family housing (including
functions described in section 2833 of title 10, United
States Code), $376,062,000.
(7) For the construction of increment 2 of the wharf
extension at Naval Forces Marianas Islands, Guam, authorized
by section 2201(b) of the Military Construction Authorization
Act for Fiscal Year 2008 (division B of Public Law 110-181;
122 Stat. 510), $50,912,000.
(8) For the construction of increment 2 of the submarine
drive-in magnetic silencing facility at Naval Submarine Base,
Pearl Harbor, Hawaii, authorized in section 2201(a) of the
Military Construction Authorization Act for Fiscal Year 2008
(division B of Public Law 110-181; 122 Stat. 510),
$41,088,000.
(9) For the construction of increment 3 of the National
Maritime Intelligence Center, Suitland, Maryland, authorized
by section 2201(a) of the Military Construction Authorization
Act for Fiscal Year 2007 (division B of Public Law 109-364;
120 Stat. 2448), $12,439,000.
(10) For the construction of increment 2 of hangar 5
recapitalizations at Naval Air Station, Whidbey Island,
Washington, authorized by section 2201(a) of the Military
Construction Authorization Act of Fiscal Year 2007 (division
B of Public Law 109-364; 120 Stat. 2448), $34,000,000.
(11) For the construction of increment 5 of the limited
area production and storage complex at Naval Submarine Base,
Kitsap, Bangor, Washington (formerly referred to as a project
at the Strategic Weapons Facility Pacific, Bangor),
authorized by section 2201(a) of the Military Construction
Authorization Act of Fiscal Year 2005 (division B of Public
Law 108-375; 118 Stat. 2106), as amended by section 2206 of
the Military Construction Authorization Act for Fiscal Year
2006 (division B of Public law 109-163; 119 Stat. 3493) and
section 2206 of the Military Construction Authorization Act
for Fiscal Year 2008 (division B of Public Law 110-181; 122
Stat. 514) $50,700,000.
SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2005 PROJECT.
The table in section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 2005 (division B of Public
Law 108-375; 118 Stat. 2105), as amended by section 2206 of
the Military Construction Authorization Act for Fiscal Year
2006 (division B of Public Law 109-163; 119 Stat. 3493) and
section 2206 of the Military Construction Authorization Act
for Fiscal Year 2008 (division B of Public Law 110-181; 122
Stat. 514), is further amended--
(1) in the item relating to Strategic Weapons Facility
Pacific, Bangor, Washington, by striking ``$295,000,000'' in
the amount column and inserting ``$311,670,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$1,084,497,000''.
SEC. 2206. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2007 PROJECTS.
(a) Modifications.--The table in section 2201(a) of the
Military Construction Authorization Act for Fiscal Year 2007
(division B of Public Law 109-364; 120 Stat. 2448), as
amended by section 2205(a)(17) of the Military Construction
Authorization Act for Fiscal Year 2008 (division B of Public
Law 110-181; 122 Stat. 513), is further amended--
(1) in the item relating to NMIC/Naval Support Activity,
Suitland, Maryland, by striking ``$67,939,000'' in the amount
column and inserting ``$76,288,000''; and
(2) in the item relating to Naval Air Station, Whidbey
Island, Washington, by striking ``$57,653,000'' in the amount
column and inserting ``$60,500,000''.
(b) Conforming Amendments.--Section 2204(b) of the Military
Construction Authorization Act for Fiscal Year 2007 (division
B of Public Law 109-364; 120 Stat. 2452) is amended--
(1) in paragraph (2), by striking ``$56,159,000'' and
inserting ``$64,508,000''; and
(2) in paragraph (3), by striking ``$31,153,000'' and
inserting ``$34,000,000''.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Extension of authorizations of certain fiscal year 2006
projects.
Sec. 2306. Extension of authorizations of certain fiscal year 2005
projects.
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(1), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
Air Force: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama.................................... Maxwell Air Force Base.......................... $15,556,000
Alaska..................................... Elmendorf Air Force Base........................ $138,300,000
Arizona.................................... Davis Monthan Air Force Base.................... $15,000,000
California................................. Edwards Air Force Base.......................... $9,100,000
Travis Air Force Base........................... $12,100,000
Colorado................................... Peterson Air Force Base......................... $4,900,000
United States Air Force Academy................. $18,000,000
Delaware................................... Dover Air Force Base............................ $19,000,000
Florida.................................... Cape Canaveral Air Station...................... $8,000,000
Eglin Air Force Base............................ $19,000,000
MacDill Air Force Base.......................... $26,000,000
Tyndall Air Force Base.......................... $11,600,000
[[Page 20902]]
Georgia.................................... Robins Air Force Base........................... $29,350,000
Kansas..................................... McConnell Air Force Base........................ $6,800,000
Louisiana.................................. Barksdale Air Force Base........................ $14,600,000
Maryland................................... Andrews Air Force Base.......................... $77,648,000
Mississippi................................ Columbus Air Force Base......................... $8,100,000
Keesler Air Force Base.......................... $6,600,000
Missouri................................... Whiteman Air Force Base......................... $4,200,000
Montana.................................... Malmstrom Air Force Base........................ $10,000,000
Nevada..................................... Creech Air Force Base........................... $48,500,000
Nellis Air Force Base........................... $63,100,000
New Jersey................................. McGuire Air Force Base.......................... $7,200,000
New Mexico................................ Holloman Air Force Base......................... $25,450,000
North Carolina............................. Seymour Johnson Air Force Base.................. $12,200,000
North Dakota............................... Grand Forks Air Force Base...................... $13,000,000
Ohio....................................... Wright Patterson Air Force Base................. $14,000,000
Oklahoma................................... Altus Air Force Base............................ $10,200,000
Tinker Air Force Base........................... $54,000,000
South Carolina............................. Charleston Air Force Base...................... $4,500,000
Shaw Air Force Base............................. $9,900,000
South Dakota............................... Ellsworth Air Force Base........................ $11,000,000
Texas...................................... Dyess Air Force Base............................ $21,000,000
Fort Hood....................................... $10,800,000
Lackland Air Force Base......................... $75,515,000
Utah....................................... Hill Air Force Base............................. $41,400,000
Washington................................. McChord Air Force Base.......................... $5,500,000
Wyoming.................................... Francis E. Warren Air Force Base................ $8,600,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(2), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:
Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Afghanistan................................ Bagram Airfield................................ $57,200,000
Guam....................................... Andersen Air Force Base......................... $10,600,000
Kyrgyzstan................................. Manas Air Base.................................. $6,000,000
United Kingdom............................. Royal Air Force Lakenheath...................... $7,400,000
----------------------------------------------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using the amounts appropriated
pursuant to the authorization of appropriations in section
2304(3), the Secretary of the Air Force may acquire real
property and carry out military construction projects for
unspecified installations or locations in the amounts set
forth in the following table:
Air Force: Unspecified Worldwide
----------------------------------------------------------------------------------------------------------------
Location Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Worldwide Unspecified...................... Unspecified Worldwide Locations................. $38,391,000
----------------------------------------------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2304(6)(A), the Secretary of the Air Force may
construct or acquire family housing units (including land
acquisition and supporting facilities) at the installations
or locations, in the number of units, and in the amounts set
forth in the following table:
Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Purpose Amount
----------------------------------------------------------------------------------------------------------------
United Kingdom....................... Royal Air Force Lakenheath.. 182 Units............... $71,828,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(6)(A), the Secretary of the Air Force may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of family housing units in an amount not to
exceed $7,708,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2304(6)(A), the Secretary of the
Air Force may improve existing military family housing units
in an amount not to exceed $316,343,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2008, for military
construction, land acquisition, and military family housing
functions of the Department of the Air Force in the total
amount of $2,108,090,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $889,719,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $81,200,000.
(3) For the military construction projects at unspecified
worldwide locations authorized by section 2301(c),
$38,391,000.
(4) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$15,000,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $93,436,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$395,879,000.
[[Page 20903]]
(B) For support of military family housing (including
functions described in section 2833 of title 10, United
States Code), $594,465,000.
SEC. 2305. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
2006 PROJECTS.
(a) Extension.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 2006
(division B of Public Law 109-163; 119 Stat. 3501),
authorizations set forth in the tables in subsection (b), as
provided in section 2302 of that Act, shall remain in effect
until October 1, 2009, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
2010, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Air Force: Extension of 2006 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Alaska................................ Eielson Air Force Base..... Replace Family Housing $37,650,000
(92 units).............
Purchase Build/Lease $18,144,000
Housing (300 units)....
California............................ Edwards Air Force Base..... Replace Family Housing $59,699,000
(226 units)............
Florida............................... MacDill Air Force Base..... Replace Family Housing $40,982,000
(109 units)............
Missouri.............................. Whiteman Air Force Base.... Replace Family Housing $26,917,000
(111 units)............
North Carolina........................ Seymour Johnson Air Force Replace Family Housing $48,868,000
Base...................... (255 units)............
North Dakota.......................... Grand Forks Air Force Base. Replace Family Housing $43,353,000
(150 units)............
----------------------------------------------------------------------------------------------------------------
SEC. 2306. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
2005 PROJECTS.
(a) Extension.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 2005
(division B of Public Law 108-375; 118 Stat. 2116),
authorizations set forth in the table in subsection (b), as
provided in sections 2301 and 2302 of that Act and extended
by section 2307 of the Military Construction Authorization
Act for Fiscal Year 2008 (division B of Public Law 110-181;
122 Stat. 519), shall remain in effect until October 1, 2009,
or the date of the enactment of an Act authorizing funds for
military construction for fiscal year 2010, whichever is
later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Air Force: Extension of 2005 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Installation or
State/Country Location Project Amount
----------------------------------------------------------------------------------------------------------------
Arizona............................. Davis-Monthan Air Replace Family Housing (250 $48,500,000
Force Base........... units)........................
California.......................... Vandenberg Air Force Replace Family Housing (120 $30,906,000
Base................. units)........................
Florida............................. MacDill Air Force Base Construct Housing Maintenance $1,250,000
Facility......................
Missouri............................ Whiteman Air Force Replace Family Housing (160 $37,087,000
Base................. units)........................
North Carolina...................... Seymour Johnson Air Replace Family Housing (167 $32,693,000
Force Base........... units)........................
Germany............................. Ramstein Air Base..... USAFE Theater Aerospace $24,204,000
Operations Support Center.....
----------------------------------------------------------------------------------------------------------------
TITLE XXIV--DEFENSE AGENCIES
Subtitle A--Defense Agency Authorizations
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Modification of authority to carry out certain fiscal year
2007 project.
Sec. 2405. Modification of authority to carry out certain fiscal year
2005 projects.
Sec. 2406. Extension of authorization of certain fiscal year 2006
project.
Subtitle B--Chemical Demilitarization Authorizations
Sec. 2411. Authorized chemical demilitarization program construction
and land acquisition projects.
Sec. 2412. Authorization of appropriations, chemical demilitarization
construction, defense-wide.
Sec. 2413. Modification of authority to carry out certain fiscal year
1997 project.
Sec. 2414. Modification of authority to carry out certain fiscal year
2000 project.
Subtitle A--Defense Agency Authorizations
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a)(1), the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following tables:
Defense Education Activity
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Kentucky................................... Fort Campbell................................... $21,400,000
North Carolina............................. Fort Bragg...................................... $78,471,000
----------------------------------------------------------------------------------------------------------------
Defense Intelligence Agency
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Illinois................................... Scott Air Force Base............................ $13,977,000
----------------------------------------------------------------------------------------------------------------
Defense Logistics Agency
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California................................. Defense Distribution Depot, Tracy............... $50,300,000
Delaware................................... Defense Fuel Supply Center, Dover Air Force Base $3,373,000
Florida.................................... Defense Fuel Support Point, Jacksonville........ $34,000,000
Georgia.................................... Hunter Army Air Field........................... $3,500,000
Hawaii..................................... Pearl Harbor.................................... $27,700,000
New Mexico................................. Kirtland Air Force Base......................... $14,400,000
[[Page 20904]]
Oklahoma................................... Altus Air Force Base............................ $2,850,000
Pennsylvania............................... Philadelphia.................................... $1,200,000
Utah....................................... Hill Air Force Base............................. $20,400,000
Virginia................................... Craney Island................................... $39,900,000
----------------------------------------------------------------------------------------------------------------
National Security Agency
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Maryland................................... Fort Meade...................................... $31,000,000
----------------------------------------------------------------------------------------------------------------
Special Operations Command
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California................................. Naval Amphibious Base, Coronado................. $9,800,000
Florida.................................... Eglin Air Force Base............................ $40,000,00
Hurlburt Field.................................. $8,900,000
MacDill Air Force Base.......................... $10,500,000
Kentucky................................... Fort Campbell................................... $15,000,000
New Mexico................................. Cannon Air Force Base........................... $26,400,000
North Carolina............................. Fort Bragg...................................... $38,250,000
Virginia................................... Fort Story...................................... $11,600,000
Washington................................. Fort Lewis...................................... $38,000,000
----------------------------------------------------------------------------------------------------------------
TRICARE Management Activity
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alaska..................................... Fort Richardson................................. $6,300,000
Colorado................................... Buckley Air Force Base.......................... $3,000,000
Georgia.................................... Fort Benning.................................... $3,900,000
Kentucky................................... Fort Campbell................................... $24,000,000
Maryland................................... Aberdeen Proving Ground......................... $430,000,000
Missouri................................... Fort Leonard Wood............................... $22,000,000
Oklahoma................................... Tinker Air Force Base........................... $65,000,000
Texas...................................... Fort Sam Houston................................ $13,000,000
----------------------------------------------------------------------------------------------------------------
Washington Headquarters Services
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Virginia................................... Pentagon Reservation............................ $38,940,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a)(2), the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following tables:
Defense Logistics Agency
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Germany.................................... Germersheim..................................... $48,000,000
Greece..................................... Souda Bay....................................... $8,000,000
----------------------------------------------------------------------------------------------------------------
Missile Defense Command
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Czech Republic............................... Various Locations............................. $176,100,000
Poland....................................... Various Locations............................. $661,380,000
----------------------------------------------------------------------------------------------------------------
Special Operations Command
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Qatar........................................ Al Udeid...................................... $9,200,000
----------------------------------------------------------------------------------------------------------------
TRICARE Management Activity
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Guam......................................... Naval Activities.............................. $30,000,000
----------------------------------------------------------------------------------------------------------------
[[Page 20905]]
SEC. 2402. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2403(a)(6), the Secretary of
Defense may carry out energy conservation projects under
chapter 173 of title 10, United States Code, in the amount of
$90,000,000.
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2008, for military construction, land acquisition, and
military family housing functions of the Department of
Defense (other than the military departments) in the total
amount of $1,639,050,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $740,811,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $246,360,000.
(3) For unspecified minor military construction projects
under section 2805 of title 10, United States Code,
$28,853,000.
(4) For contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States
Code, $5,000,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $133,225,000.
(6) For energy conservation projects authorized by section
2402 of this Act, $90,000,000.
(7) For support of military family housing, including
functions described in section 2833 of title 10, United
States Code, and credits to the Department of Defense Family
Housing Improvement Fund under section 2883 of title 10,
United States Code, and the Homeowners Assistance Fund
established under section 1013 of the Demonstration Cities
and Metropolitan Development Act of 1966 (42 U.S.C. 3374),
$54,581,000.
(8) For the construction of increment 4 of the regional
security operations center at Augusta, Georgia, authorized by
section 2401(a) of the Military Construction Authorization
Act of Fiscal Year 2006 (division B of Public Law 109-163;
119 Stat. 3497), as amended by section 7016 of the Emergency
Supplemental Appropriation Act for Defense, the Global War on
Terror, and Hurricane Recovery, 2006 (Public Law 109-234; 120
Stat. 485), $100,220,000.
(9) For the construction of increment 2 of the Army Medical
Research Institute of Infectious Diseases Stage 1 at Fort
Detrick, Maryland, authorized by section 2401(a) of the
Military Construction Authorization Act of Fiscal Year 2007
(division B of Public Law 109-364; 120 Stat. 2457),
$209,000,000.
(10) For the construction of increment 2 of the special
operations forces operational facility at Dam Neck, Virginia,
authorized by section 2401(a) of the Military Construction
Authorization Act of Fiscal Year 2008 (division B of Public
Law 110-181; 122 Stat. 521), $31,000,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2401 of this Act may not exceed the
sum of the following:
(1) The total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
(2) $402,000,000 (the balance of the amount authorized for
the TRICARE Management Activity under section 2401(a) for the
construction of the United States Army Medical Research
Institute of Infectious Diseases at Aberdeen Proving Ground,
Maryland).
(3) $618,780,000 (the balance of the amount authorized for
the Missile Defense Command under section 2401(b) for the
construction of the Ballistic Missile Defense, European
Interceptor Site).
(4) $67,540,000 (the balance of the amount authorized for
the Missile Defense Command under section 2401(b) for the
construction of the Ballistic Missile Defense, European Mid-
Course Radar Site).
SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2007 PROJECT.
(a) Modification.--The table relating to the TRICARE
Management Activity in section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 2007 (division
B of Public Law 109-364; 120 Stat. 2457) is amended in the
item relating to Fort Detrick, Maryland, by striking
``$550,000,000'' in the amount column and inserting
``$683,000,000''.
(b) Conforming Amendment.--Section 2405(b)(3) of that Act
(120 Stat. 2461) is amended by striking ``$521,000,000'' and
inserting ``$654,000,000''.
SEC. 2405. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2005 PROJECTS.
(a) Modification.--The table in section 2401(a) of the
Military Construction Authorization Act for Fiscal Year 2005
(division B of Public Law 108-375; 118 Stat. 2112) is
amended--
(1) by striking the item relating to Defense Fuel Support
Point, Naval Air Station, Oceana, Virginia; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$485,193,000''.
(b) Conforming Amendments.--Section 2404(a) of that Act
(118 Stat. 2113) is amended--
(1) in the matter preceding paragraph (1), by striking
``$1,055,663,000'' and inserting ``$1,052,074,000''; and
(2) in paragraph (1), by striking ``$411,782,000'' and
inserting ``$408,193,000''.
SEC. 2406. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR
2006 PROJECT.
(a) Extension.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 2006
(division B of Public Law 109-163; 119 Stat. 3501),
authorizations set forth in the tables in subsection (b), as
provided in section 2401 of that Act, shall remain in effect
until October 1, 2009, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
2010, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Defense Logistics Agency: Extension of 2006 Project Authorization
----------------------------------------------------------------------------------------------------------------
Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Defense Logistics Agency..................... Defense Distribution Depot Susquehanna, New $6,500,000
Cumberland, Pennsylvania.
----------------------------------------------------------------------------------------------------------------
Subtitle B--Chemical Demilitarization Authorizations
SEC. 2411. AUTHORIZED CHEMICAL DEMILITARIZATION PROGRAM
CONSTRUCTION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2412(1), the Secretary of Defense
may acquire real property and carry out military construction
projects for the installations or locations inside the United
States, and in the amounts, set forth in the following table:
Chemical Demilitarization Program: Inside the United States
----------------------------------------------------------------------------------------------------------------
Army Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Army....................................... Blue Grass Army Depot, Kentucky................. $12,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2412. AUTHORIZATION OF APPROPRIATIONS, CHEMICAL
DEMILITARIZATION CONSTRUCTION, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2008, for military
construction and land acquisition for chemical
demilitarization in the total amount of $144,278,000, as
follows:
(1) For military construction projects inside the United
States authorized by section 2411(a), $12,000,000.
(2) For the construction of phase 10 of a munitions
demilitarization facility at Pueblo Chemical Activity,
Colorado, authorized by section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 1997 (division
B of Public Law 104-201; 110 Stat. 2775), as amended by
section 2406 of the Military Construction Authorization Act
for Fiscal Year 2000 (division B of Public Law 106-65; 113
Stat. 839) and section 2407 of the Military Construction
Authorization Act for Fiscal Year 2003 (division B of Public
Law 107-314; 116 Stat. 2698), $65,060,000.
(3) For the construction of phase 9 of a munitions
demilitarization facility at Blue Grass Army Depot, Kentucky,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public
Law 106-65; 113 Stat. 835), as amended by section 2405 of the
Military Construction Authorization Act for Fiscal Year 2002
(division B of Public Law 107-107; 115 Stat. 1298) and
section 2405 of the Military Construction Authorization Act
for Fiscal Year 2003 (division B of Public Law 107-314; 116
Stat. 2698), $67,218,000.
[[Page 20906]]
SEC. 2413. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 1997 PROJECT.
(a) Modifications.--The table in section 2401(a) of the
Military Construction Authorization Act for Fiscal Year 1997
(division B of Public Law 104-201; 110 Stat. 2775), as
amended by section 2406 of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public
Law 106-65; 113 Stat. 839) and section 2407 of the Military
Construction Authorization Act for Fiscal Year 2003 (division
B of Public Law 107-314; 116 Stat. 2699), is amended--
(1) under the agency heading relating to the Chemical
Demilitarization Program, in the item relating to Pueblo Army
Depot, Colorado, by striking ``$261,000,000'' in the amount
column and inserting ``$484,000,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$830,454,000''.
(b) Conforming Amendment.--Section 2406(b)(2) of the
Military Construction Authorization Act for Fiscal Year 1997
(110 Stat. 2779), as so amended, is further amended by
striking ``$261,000,000'' and inserting ``$484,000,000''.
SEC. 2414. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2000 PROJECT.
(a) Modifications.--The table in section 2401(a) of the
Military Construction Authorization Act for Fiscal Year 2000
(division B of Public Law 106-65; 113 Stat. 835), as amended
by section 2405 of the Military Construction Authorization
Act for Fiscal Year 2002 (division B of Public Law 107-107;
115 Stat. 1298) and section 2405 of the Military Construction
Authorization Act for Fiscal Year 2003 (division B of Public
Law 107-314; 116 Stat. 2698), is amended--
(1) under the agency heading relating to Chemical
Demilitarization, in the item relating to Blue Grass Army
Depot, Kentucky, by striking ``$290,325,000'' in the amount
column and inserting ``$492,000,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$949,920,000''.
(b) Conforming Amendment.--Section 2405(b)(3) of the
Military Construction Authorization Act for Fiscal Year 2000
(division B of Public Law 106-65; 113 Stat. 839), as amended
by section 2405 of the Military Construction Authorization
Act for Fiscal Year 2002 (division B of Public Law 107-107;
115 Stat. 1298) and section 2405 of the Military Construction
Authorization Act for Fiscal Year 2003 (division B of Public
Law 107-314; 116 Stat. 2698), is further amended by striking
``$267,525,000'' and inserting ``$469,200,000''.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
The Secretary of Defense may make contributions for the
North Atlantic Treaty Organization Security Investment
Program as provided in section 2806 of title 10, United
States Code, in an amount not to exceed the sum of the amount
authorized to be appropriated for this purpose in section
2502 and the amount collected from the North Atlantic Treaty
Organization as a result of construction previously financed
by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2008, for contributions
by the Secretary of Defense under section 2806 of title 10,
United States Code, for the share of the United States of the
cost of projects for the North Atlantic Treaty Organization
Security Investment Program authorized by section 2501, in
the amount of $230,867,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve
construction and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Modification of authority to carry out certain fiscal year
2008 project.
Sec. 2608. Extension of authorizations of certain fiscal year 2006
projects.
Sec. 2609. Extension of Authorization of certain fiscal year 2005
project.
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(1)(A), the Secretary of the
Army may acquire real property and carry out military
construction projects for the Army National Guard locations,
and in the amounts, set forth in the following table:
Army National Guard
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama...................................... Fort McClellan................................ $3,000,000
Alaska....................................... Bethel Armory................................. $16,000,000
Arizona...................................... Camp Navajo................................... $13,000,000
Florence...................................... $13,800,000
Papago Military Reservation................... $24,000,000
Arkansas..................................... Cabot......................................... $10,868,000
Colorado..................................... Denver........................................ $9,000,000
Grand Junction................................ $9,000,000
Connecticut.................................. Camp Rell..................................... $28,000,000
East Haven.................................... $13,800,000
Delaware..................................... New Castle.................................... $28,000,000
Florida...................................... Camp Blanding................................. $33,307,000
Georgia...................................... Dobbins Air Reserve Base...................... $45,000,000
Idaho........................................ Orchard Training Area......................... $1,850,000
Illinois..................................... Urbana Armory................................. $16,186,000
Indiana...................................... Camp Atterbury................................ $5,800,000
Lawrence...................................... $21,000,000
Muscatatuck................................... $6,000,000
Iowa......................................... Camp Dodge.................................... $1,500,000
Davenport..................................... $1,550,000
Mount Pleasant................................ $1,500,000
Kentucky..................................... London........................................ $7,191,000
Maine........................................ Bangor........................................ $20,000,000
Maryland..................................... Edgewood...................................... $28,000,000
Salisbury..................................... $9,800,000
Massachusetts................................ Methuen....................................... $21,000,000
Michigan..................................... Camp Grayling................................. $22,943,000
Minnesota.................................... Arden Hills................................... $15,000,000
Nevada....................................... Elko.......................................... $11,375,000
New York..................................... Fort Drum..................................... $11,000,000
Queensbury.................................... $5,900,000
Ohio......................................... Camp Perry.................................... $2,000,000
Ravenna....................................... $2,000,000
Pennsylvania................................. Honesdale..................................... $6,117,000
Rhode Island................................. North Kingstown............................... $5,000,000
South Carolina............................... Anderson...................................... $12,000,000
[[Page 20907]]
Beaufort...................................... $3,400,000
Eastover...................................... $28,000,000
Hemingway..................................... $4,600,000
South Dakota................................. Camp Rapid.................................... $14,463,000
Rapid City.................................... $29,000,000
Tennessee.................................... Tullahoma..................................... $10,372,000
Utah......................................... Camp Williams................................. $17,500,000
Vermont...................................... Ethan Allen Firing Range...................... $10,200,000
Virginia..................................... Arlington..................................... $15,500,000
Fort Pickett.................................. $2,950,000
Washington................................... Fort Lewis (Gray Army Airfield)............... $32,000,000
West Virginia................................ Camp Dawson................................... $9,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(1)(B), the Secretary of the
Army may acquire real property and carry out military
construction projects for the Army Reserve locations, and in
the amounts, set forth in the following table:
Army Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
California................................... Fort Hunter Liggett........................... $3,950,000
Hawaii Fort Shafter.................................. $19,199,000
Idaho........................................ Hayden Lake................................... $9,580,000
Kansas....................................... Dodge City.................................... $8,100,000
Maryland..................................... Baltimore..................................... $11,600,000
Massachusetts................................ Fort Devens................................... $1,900,000
Michigan..................................... Saginaw....................................... $11,500,000
Missouri..................................... Weldon Springs................................ $11,700,000
Nevada....................................... Las Vegas..................................... $33,900,000
New Jersey................................... Fort Dix...................................... $3,825,000
New York..................................... Kingston...................................... $13,494,000
Shoreham...................................... $15,031,000
Staten Island................................. $18,550,000
North Carolina............................... Raleigh....................................... $25,581,000
Pennsylvania................................. Letterkenny Army Depot........................ $14,914,000
Tennessee.................................... Chattanooga................................... $10,600,000
Texas........................................ Sinton........................................ $9,700,000
Washington................................... Seattle....................................... $37,500,000
Wisconsin.................................... Fort McCoy.................................... $4,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE
CONSTRUCTION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(2), the Secretary of the Navy
may acquire real property and carry out military construction
projects for the Navy Reserve and Marine Corps Reserve
locations, and in the amounts, set forth in the following
table:
Navy Reserve and Marine Corps Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
California................................... Lemoore....................................... $15,420,000
Delaware..................................... Wilmington.................................... $11,530,000
Georgia...................................... Marietta...................................... $7,560,000
Virginia..................................... Norfolk....................................... $8,170,000
Williamsburg.................................. $12,320,000
----------------------------------------------------------------------------------------------------------------
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(3)(A), the Secretary of the
Air Force may acquire real property and carry out military
construction projects for the Air National Guard locations,
and in the amounts, set forth in the following table:
Air National Guard
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Arkansas..................................... Little Rock Air Force Base.................... $4,000,000
Colorado..................................... Buckley Air Force Base........................ $4,200,000
Connecticut.................................. Bradley International Airport................. $7,200,000
Delaware..................................... New Castle County Airport..................... $14,800,000
Georgia...................................... Savannah Combat Readiness Training Center..... $7,500,000
Indiana...................................... Fort Wayne International Airport.............. $5,600,000
Iowa......................................... Fort Dodge.................................... $5,600,000
Kansas....................................... Smoky Hill Air National Guard Range........... $7,100,000
Maryland..................................... Martin State Airport.......................... $7,900,000
Massachusetts................................ Otis Air National Guard Base.................. $14,300,000
Minnesota.................................... Duluth 148th Fighter Wing Base................ $4,500,000
Minneapolis-St. Paul.......................... $1,500,000
Mississippi.................................. Gulfport-Biloxi International Airport......... $3,400,000
New Jersey................................... Atlantic City International Airport........... $8,400,000
[[Page 20908]]
New York..................................... Gabreski Airport, Westhampton................. $7,500,000
Hancock Field................................. $10,400,000
Ohio......................................... Springfield Air National Guard Base........... $12,800,000
Rhode Island................................. Quonset State Airport......................... $7,700,000
South Dakota................................. Joe Foss Field................................ $4,500,000
Tennessee.................................... Knoxville..................................... $8,000,000
Texas........................................ Ellington Field............................... $7,600,000
Fort Worth Naval Air Station Joint Reserve $5,000,000
Base.
Vermont...................................... Burlington International Airport.............. $6,600,000
Washington................................... McChord Air Force Base........................ $8,600,000
West Virginia................................ Yeager Airport, Charleston.................... $27,000,000
Wisconsin.................................... Truax Field................................... $6,300,000
Wyoming...................................... Cheyenne Municipal Airport.................... $7,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(3)(B), the Secretary of the
Air Force may acquire real property and carry out military
construction projects for the Air Force Reserve locations,
and in the amounts, set forth in the following table:
Air Force Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Georgia...................................... Dobbins Air Reserve Base...................... $6,450,000
Oklahoma..................................... Tinker Air Force Base......................... $9,900,000
New York..................................... Niagara Falls Air Reserve Station............. $9,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD
AND RESERVE.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2008, for the costs of
acquisition, architectural and engineering services, and
construction of facilities for the Guard and Reserve Forces,
and for contributions therefor, under chapter 1803 of title
10, United States Code (including the cost of acquisition of
land for those facilities), in the following amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the United States,
$736,317,000; and
(B) for the Army Reserve, $282,607,000.
(2) For the Department of the Navy, for the Navy and Marine
Corps Reserve, $57,045,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United States,
$242,924,000; and
(B) for the Air Force Reserve, $36,958,000.
SEC. 2607. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2008 PROJECT.
The table in section 2601 of the Military Construction
Authorization Act for Fiscal Year 2008 (division B of Public
Law 110-181; 122 Stat. 527) is amended in the item relating
to North Kingstown, Rhode Island, by striking ``$33,000,000''
in the amount column and inserting ``$38,000,000''.
SEC. 2608. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
2006 PROJECTS.
(a) Extension.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 2006
(division B of Public Law 109-163; 119 Stat. 3501), the
authorizations set forth in the table in subsection (b), as
provided in section 2601 of that Act, shall remain in effect
until October 1, 2009, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
2010, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Army National Guard: Extension of 2006 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Installation or
State Location Project Amount
----------------------------------------------------------------------------------------------------------------
California.......................... Camp Roberts.......... Urban Assault Course........... $1,485,000
Idaho............................... Gowen Field........... Railhead, Phase 1.............. $8,331,000
Mississippi......................... Biloxi................ Readiness Center............... $16,987,000
Camp Shelby........... Modified Record Fire Range..... $2,970,000
Montana............................. Townsend.............. Automated Qualification $2,532,000
Training Range.
Pennsylvania........................ Philadelphia.......... Stryker Brigade Combat Team $11,806,000
Readiness Center.
Organizational Maintenance Shop $6,144,930
#7.
----------------------------------------------------------------------------------------------------------------
SEC. 2609. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR
2005 PROJECT.
(a) Extension.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 2005
(division B of Public Law 108-375; 118 Stat. 2116), the
authorization set forth in the table in subsection (b), as
provided in section 2601 of that Act, shall remain in effect
until October 1, 2009, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
2010, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Army National Guard: Extension of 2005 Project Authorization
----------------------------------------------------------------------------------------------------------------
Installation or
State Location Project Amount
----------------------------------------------------------------------------------------------------------------
California.......................... Dublin................ Readiness Center, Add/Alt $11,318,000
(ADRS).
----------------------------------------------------------------------------------------------------------------
TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES
Subtitle A--Authorizations
Sec. 2701. Authorization of appropriations for base closure and
realignment activities funded through Department of
Defense Base Closure Account 1990.
Sec. 2702. Authorized base closure and realignment activities funded
through Department of Defense Base Closure Account 2005.
Sec. 2703. Authorization of appropriations for base closure and
realignment activities funded through Department of
Defense Base Closure Account 2005.
Subtitle B--Amendments to Base Closure and Related Laws
Sec. 2711. Modification of annual base closure and realignment
reporting requirements.
[[Page 20909]]
Sec. 2712. Technical corrections regarding authorized cost and scope of
work variations for military construction and military
family housing projects related to base closures and
realignments.
Subtitle C--Other Matters
Sec. 2721. Independent design review of National Naval Medical Center
and military hospital at Fort Belvoir.
Sec. 2722. Report on use of BRAC properties as sites for refineries or
nuclear power plants.
Subtitle A--Authorizations
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE
AND REALIGNMENT ACTIVITIES FUNDED THROUGH
DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT
1990.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2008, for base closure
and realignment activities, including real property
acquisition and military construction projects, as authorized
by the Defense Base Closure and Realignment Act of 1990 (part
A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note)
and funded through the Department of Defense Base Closure
Account 1990 established by section 2906 of such Act, in the
total amount of $458,377,000, as follows:
(1) For the Department of the Army, $87,855,000.
(2) For the Department of the Navy, $228,700,000.
(3) For the Department of the Air Force, $139,155,000.
(4) For the Defense Agencies, $2,667,000.
SEC. 2702. AUTHORIZED BASE CLOSURE AND REALIGNMENT ACTIVITIES
FUNDED THROUGH DEPARTMENT OF DEFENSE BASE
CLOSURE ACCOUNT 2005.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2703, the Secretary of Defense may
carry out base closure and realignment activities, including
real property acquisition and military construction projects,
as authorized by the Defense Base Closure and Realignment Act
of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) and funded through the Department of
Defense Base Closure Account 2005 established by section
2906A of such Act, in the amount of $6,982,334,000.
SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE
AND REALIGNMENT ACTIVITIES FUNDED THROUGH
DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT
2005.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2008, for base closure
and realignment activities, including real property
acquisition and military construction projects, as authorized
by the Defense Base Closure and Realignment Act of 1990 (part
A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note)
and funded through the Department of Defense Base Closure
Account 2005 established by section 2906A of such Act, in the
total amount of $9,065,386,000, as follows:
(1) For the Department of the Army, $4,486,178,000.
(2) For the Department of the Navy, $871,492,000.
(3) For the Department of the Air Force, $1,072,925,000.
(4) For the Defense Agencies, $2,634,791,000.
Subtitle B--Amendments to Base Closure and Related Laws
SEC. 2711. MODIFICATION OF ANNUAL BASE CLOSURE AND
REALIGNMENT REPORTING REQUIREMENTS.
(a) Termination of Reporting Requirements After Fiscal Year
2014.--Section 2907 of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note) is amended--
(1) by striking ``As part of the budget request for fiscal
year 2007 and for each fiscal year thereafter'' and inserting
``(a) Reporting Requirement.--As part of the budget request
for fiscal year 2007 and for each fiscal year thereafter
through fiscal year 2016''; and
(2) by adding at the end the following new subsection:
``(b) Termination of Reporting Requirements Related to
Realignment Actions.--The reporting requirements under
subsection (a) shall terminate with respect to realignment
actions after the report submitted with the budget for fiscal
year 2014.''.
(b) Exclusion of Descriptions of Realignment Actions.--
Subsection (a) of such section, as designated and amended by
subsection (a)(1) of this section, is further amended--
(1) in paragraph (1), by striking ``and realignment'' both
places it appears;
(2) in paragraph (2), by striking ``and realignments''; and
(3) in paragraphs (3), (4), (5), (6), and (7), by striking
``or realignment'' each place it appears.
SEC. 2712. TECHNICAL CORRECTIONS REGARDING AUTHORIZED COST
AND SCOPE OF WORK VARIATIONS FOR MILITARY
CONSTRUCTION AND MILITARY FAMILY HOUSING
PROJECTS RELATED TO BASE CLOSURES AND
REALIGNMENTS.
(a) Correction of Citation in Amendatory Language.--
(1) In general.--Section 2704(a) of the Military
Construction Authorization Act for Fiscal Year 2008 (division
B of Public Law 110-181; 122 Stat. 532) is amended--
(A) in subsection (a), by striking ``Section 2905A'' and
inserting ``Section 2906A''; and
(B) in subsection (b), by striking ``section 2905A'' and
inserting ``section 2906A''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on January 28, 2008, as if included in the
enactment of section 2704 of the Military Construction
Authorization Act for Fiscal Year 2008.
(b) Correction of Scope or Work Variation Limitation.--
Subsection (f) of section 2906A of the Defense Base Closure
and Realignment Act of 1990 (part A of title XXIX of Public
Law 101-510; 10 U.S.C. 2687 note), as added by section
2704(a) of the Military Construction Authorization Act for
Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat.
532) and amended by subsection (a), is amended by striking
``20 percent or $2,000,000, whichever is greater'' and
inserting ``20 percent or $2,000,000, whichever is less''.
Subtitle C--Other Matters
SEC. 2721. INDEPENDENT DESIGN REVIEW OF NATIONAL NAVAL
MEDICAL CENTER AND MILITARY HOSPITAL AT FORT
BELVOIR.
(a) Findings.--Congress makes the following findings:
(1) Military personnel and their families, as well as
veterans and retired military personnel living in the
National Capital region, deserve to be treated in world class
medical facilities.
(2) World class medical facilities are defined as
incorporating the best practices of the premier private
health facilities in the country as well as the collaborative
input of military health care professionals into a design
that supports the unique needs of military personnel and
their families.
(3) The closure of the Walter Reed Army Medical Center in
Washington, D.C., and the resulting construction of the
National Military Medical Center at the National Naval
Medical Center, Bethesda, Maryland, and a new military
hospital at Fort Belvoir, Virginia, offer the Department of
Defense the opportunity to provide state-of-the-art and
world-class medical facilities offering the highest quality
of joint service care for members of the Armed Forces and
their families.
(4) Congress has supported a Department of Defense request
to expedite the construction of the new facilities at
Bethesda and Fort Belvoir in order to provide care in better
facilities as quickly as possible.
(5) The Department of Defense has a responsibility to
ensure that the expedited design and construction of such
facilities do not result in degradation of the quality
standards required for world class facilities.
(b) Independent Design Review.--
(1) Establishment of design review panel.--The Secretary of
Defense shall establish a panel consisting of medical
facility design experts, military healthcare professionals,
representatives of premier health care facilities in the
United States, and patient representatives--
(A) to review design plans for the National Military
Medical Center and the new military hospital at Fort Belvoir;
and
(B) to advise the Secretary regarding whether the design,
in the view of the panel, will achieve the goal of providing
world-class medical facilities; and
(2) Recommendations for changes to design plan.--If the
panel determines that the design plans will not meet such
goal, the panel shall make recommendations for changes to
those plans to ensure the construction of world-class medical
facilities.
(3) Report.--Not later than 90 days after the date of the
enactment of this Act, the panel shall submit to the
Secretary of Defense a report on the findings and
recommendations of the panel to address any deficiencies in
the conceptual design plans.
(4) Assessment of recommendations.--Not later than 30 days
after submission of the report under paragraph (3), the
Secretary of Defense shall submit to the congressional
defense committees a report including--
(A) an assessment by the Secretary of the findings and
recommendations of the panel; and
(B) the plans of the Secretary for addressing such findings
and recommendations.
(c) Cost Estimate.--
(1) Preparation.--The Department of Defense shall prepare a
cost estimate of the total cost to be incurred by the United
States to close Walter Reed Army Medical Center, design and
construct replacement facilities at the National Naval
Medical Center and Fort Belvoir, and relocate operations to
the replacement facilities.
(2) Submission.--The Secretary of Defense shall submit the
resulting cost estimate to the congressional defense
committees as soon as possible, but in no case later than 120
days after the date of the enactment of this Act.
(d) Milestone Schedule.--
(1) Preparation.--The Secretary of Defense shall prepare a
complete milestone
[[Page 20910]]
schedule for the closure of Walter Reed Army Medical Center,
the design and construction of replacement facilities at the
National Naval Medical Center and Fort Belvoir, and the
relocation of operations to the replacement facilities. The
schedule shall include a detailed plan regarding how the
Department of Defense will carry out the transition of
operations between Walter Reed Army Medical Center and the
replacement facilities.
(2) Submission.--The Secretary of Defense shall submit the
resulting milestone schedule and transition plan to the
congressional defense committees as soon as possible, but in
no case later than 45 days after the date of the enactment of
this Act.
SEC. 2722. REPORT ON USE OF BRAC PROPERTIES AS SITES FOR
REFINERIES OR NUCLEAR POWER PLANTS.
Not later than October 1, 2009, the Secretary of Defense
shall submit to the congressional defense committees a report
evaluating the feasibility of using military installations
selected for closure under the base closure and realignment
process as locations for the construction of petroleum or
natural gas refineries or nuclear power plants.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Incorporation of principles of sustainable design in
documents submitted as part of proposed military
construction projects.
Sec. 2802. Revision of maximum lease amount applicable to certain
domestic Army family housing leases to reflect previously
made annual adjustments in amount.
Sec. 2803. Use of military family housing constructed under build and
lease authority to house members without dependents.
Sec. 2804. Leasing of military family housing to Secretary of Defense.
Sec. 2805. Improved oversight and accountability for military housing
privatization initiative projects.
Sec. 2806. Authority to use operation and maintenance funds for
construction projects inside the United States Central
Command and United States Africa Command areas of
responsibility.
Sec. 2807. Cost-benefit analysis of dissolution of Patrick Family
Housing LLC.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Clarification of congressional reporting requirements for
certain real property transactions.
Sec. 2812. Authority to lease non-excess property of military
departments and Defense Agencies.
Sec. 2813. Modification of utility system conveyance authority.
Sec. 2814. Defense access roads.
Sec. 2815. Report on application of force protection and anti-terrorism
standards to gates and entry points on military
installations.
Subtitle C--Provisions Related to Guam Realignment
Sec. 2821. Sense of Congress regarding military housing and utilities
related to Guam realignment.
Sec. 2822. Federal assistance to Guam.
Sec. 2823. Eligibility of the Commonwealth of the Northern Mariana
Islands for military base reuse studies and community
planning assistance.
Sec. 2824. Support for realignment of military installations and
relocation of military personnel on Guam.
Subtitle D--Energy Security
Sec. 2831. Certification of enhanced use leases for energy-related
projects.
Sec. 2832. Annual report on Department of Defense installations energy
management.
Subtitle E--Land Conveyances
Sec. 2841. Land conveyance, former Naval Air Station, Alameda,
California.
Sec. 2842. Transfer of administrative jurisdiction, decommissioned
Naval Security Group Activity, Skaggs Island, California.
Sec. 2843. Transfer of proceeds from property conveyance, Marine Corps
Logistics Base, Albany, Georgia.
Sec. 2844. Land conveyance, Sergeant First Class M.L. Downs Army
Reserve Center, Springfield, Ohio.
Sec. 2845. Land conveyance, John Sevier Range, Knox County, Tennessee.
Sec. 2846. Land conveyance, Army property, Camp Williams, Utah.
Sec. 2847. Extension of Potomac Heritage National Scenic Trail through
Fort Belvoir, Virginia.
Subtitle F--Other Matters
Sec. 2851. Revised deadline for transfer of Arlington Naval Annex to
Arlington National Cemetery.
Sec. 2852. Acceptance and use of gifts for construction of additional
building at National Museum of the United States Air
Force, Wright-Patterson Air Force Base.
Sec. 2853. Lease involving pier on Ford Island, Pearl Harbor Naval
Base, Hawaii.
Sec. 2854. Use of runway at NASJRB Willow Grove, Pennsylvania.
Sec. 2855. Naming of health facility, Fort Rucker, Alabama.
Subtitle A--Military Construction Program and Military Family Housing
Changes
SEC. 2801. INCORPORATION OF PRINCIPLES OF SUSTAINABLE DESIGN
IN DOCUMENTS SUBMITTED AS PART OF PROPOSED
MILITARY CONSTRUCTION PROJECTS.
(a) Definition of Life-Cycle Cost-Effective.--Subsection
(c) of section 2801 of title 10, United States Code, is
amended--
(1) by transferring paragraph (4) to appear as the first
paragraph in the subsection and redesignating such paragraph
as paragraph (1);
(2) by redesignating the subsequent three paragraphs as
paragraphs (2), (4), and (5), respectively; and
(3) by inserting after paragraph (2), as so redesignated,
the following new paragraph:
``(3) The term `life-cycle cost-effective', with respect to
a project, product, or measure, means that the sum of the
present values of investment costs, capital costs,
installation costs, energy costs, operating costs,
maintenance costs, and replacement costs, as estimated for
the lifetime of the project, product, or measure, does not
exceed the base case (current or standard) for the practice,
product, or measure.''.
(b) Inclusion.--Section 2802 of such title is amended by
adding at the end the following new subsection:
``(c) In determining the scope of a proposed military
construction project, the Secretary concerned shall submit to
the President such recommendations as the Secretary considers
to be appropriate regarding the incorporation and inclusion
of life-cycle cost-effective practices as an element in the
project documents submitted to Congress in connection with
the budget submitted pursuant to section 1105 of title 31 for
the fiscal year in which a contract is proposed to be awarded
for the project.''.
SEC. 2802. REVISION OF MAXIMUM LEASE AMOUNT APPLICABLE TO
CERTAIN DOMESTIC ARMY FAMILY HOUSING LEASES TO
REFLECT PREVIOUSLY MADE ANNUAL ADJUSTMENTS IN
AMOUNT.
Section 2828(b)(7)(A) of title 10, United States Code, is
amended by striking ``$18,620 per unit'' and inserting
``$35,000 per unit''.
SEC. 2803. USE OF MILITARY FAMILY HOUSING CONSTRUCTED UNDER
BUILD AND LEASE AUTHORITY TO HOUSE MEMBERS
WITHOUT DEPENDENTS.
(a) In General.--Subchapter II of chapter 169 of title 10,
United States Code, is amended by inserting after section
2835 the following new section:
``Sec. 2835a. Use of military family housing constructed
under build and lease authority to house other members
``(a) Individual Assignment of Members Without
Dependents.--(1) To the extent that the Secretary concerned
determines that military family housing constructed and
leased under section 2835 of this title is not needed to
house members of the armed forces eligible for assignment to
military family housing, the Secretary may assign, without
rental charge, members without dependents to the housing.
``(2) A member without dependents who is assigned to
housing pursuant to paragraph (1) shall be considered to be
assigned to quarters pursuant to section 403(e) of title 37.
``(b) Conversion to Long-Term Leasing of Military
Unaccompanied Housing.--(1) If the Secretary concerned
determines that military family housing constructed and
leased under section 2835 of this title is excess to the
long-term needs of the family housing program of the
Secretary, the Secretary may convert the lease contract
entered into under subsection (a) of such section into a
long-term lease of military unaccompanied housing.
``(2) The term of the lease contract for military
unaccompanied housing converted from military family housing
under paragraph (1) may not exceed the remaining term of the
lease contract for the family housing so converted.
``(c) Notice and Wait Requirements.--(1) The Secretary
concerned may not convert military family housing to military
unaccompanied housing under subsection (b) until--
``(A) the Secretary submits to the congressional defense
committees a notice of the intent to undertake the
conversion; and
``(B) a period of 21 days has expired following the date on
which the notice is received by the committees or, if
earlier, a period of 14 days has expired following the date
on which a copy of the notice is provided in an electronic
medium pursuant to section 480 of this title.
``(2) The notice required by paragraph (1) shall include--
[[Page 20911]]
``(A) an explanation of the reasons for the conversion of
the military family housing to military unaccompanied
housing;
``(B) a description of the long-term lease to be converted;
``(C) amounts to be paid under the lease; and
``(D) the expiration date of the lease.
``(d) Application to Housing Leased Under Former
Authority.--This section also shall apply to housing
initially acquired or constructed under the former section
2828(g) of this title (commonly known as the `Build to Lease
program'), as added by section 801 of the Military
Construction Authorization Act, 1984 (Public Law 98-115; 97
Stat 782).''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after
the item relating to section 2835 the following new item:
``2835a. Use of military family housing constructed under build and
lease authority to house other members.''.
SEC. 2804. LEASING OF MILITARY FAMILY HOUSING TO SECRETARY OF
DEFENSE.
(a) Leasing of Housing.--Subchapter II of chapter 169 of
title 10, United States Code, is amended by inserting after
section 2837 the following new section:
``Sec. 2838. Leasing of military family housing to Secretary
of Defense
``(a) Authority.--(1) The Secretary of a military
department may lease to the Secretary of Defense military
family housing in the National Capital Region (as defined in
section 2674(f) of this title).
``(2) In determining the military housing unit to lease
under this section, the Secretary of Defense should first
consider any available military housing units that are
already substantially equipped for executive communications
and security.
``(b) Rental Rate.--A lease under subsection (a) shall
provide for the payment by the Secretary of Defense of
consideration in an amount equal to 105 percent of the
monthly rate of basic allowance for housing prescribed under
section 403(b) of title 37 for a member of the uniformed
services in the pay grade of O-10 with dependents assigned to
duty at the military installation on which the leased housing
unit is located. A rate so established shall be considered
the fair market value of the lease interest.
``(c) Treatment of Proceeds.--(1) The Secretary of a
military department shall deposit all amounts received
pursuant to leases entered into by the Secretary under this
section into a special account in the Treasury established
for such military department.
``(2) The proceeds deposited into the special account of a
military department pursuant to paragraph (1) shall be
available to the Secretary of that military department,
without further appropriation, for the maintenance,
protection, alteration, repair, improvement, or restoration
of military housing on the military installation at which the
housing leased pursuant to subsection (a) is located.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end
the following new item:
``2838. Leasing of military family housing to Secretary of Defense.''.
SEC. 2805. IMPROVED OVERSIGHT AND ACCOUNTABILITY FOR MILITARY
HOUSING PRIVATIZATION INITIATIVE PROJECTS.
(a) Oversight and Accountability.--
(1) In general.--Subchapter IV of chapter 169 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2885. Oversight and accountability for privatization
projects
``(a) Oversight and Accountability Measures.--Each
Secretary concerned shall prescribe regulations to
effectively oversee and manage military housing privatization
projects carried out under this subchapter. The regulations
shall include the following requirements for each
privatization project:
``(1) The installation asset manager shall conduct monthly
site visits and provide quarterly reports on the progress of
the construction or renovation of the housing units. The
reports shall be submitted quarterly to the assistant
secretary for installations and environment of the respective
military department.
``(2) The installation asset manager, and, as applicable,
the resident construction manager, privatization asset
manager, bondholder representative, project owner, developer,
general contractor, and construction consultant for the
project shall conduct meetings to ensure that the
construction or renovation of the units meets performance and
schedule requirements and that appropriate operating and
ground lease agreements are in place and adhered to.
``(3) If a project is 90 days or more behind schedule or
otherwise appears to be substantially failing to adhere to
the obligations or milestones under the contract, the
assistant secretary for installations and environment of the
respective military department shall submit a notice of
deficiency to the Deputy Under Secretary of Defense
(Installations and Environment), the Secretary concerned, the
managing member, and the trustee for the project.
``(4)(A) Not later than 15 days after the submittal of a
notice of deficiency under paragraph (3), the Secretary
concerned or designated representative shall submit to the
project owner, developer, or general contractor responsible
for the project a summary of deficiencies related to the
project.
``(B) If the project owner, developer, or general
contractor responsible for the privatization project is
unable, within 60 days after receiving a notice of deficiency
under subparagraph (A), to make progress on the issues
outlined in such notice, the Secretary concerned shall notify
the congressional defense committees of the status of the
project, and shall provide a recommended course of action to
correct the problems.
``(b) Required Qualifications.--The Secretary concerned or
designated representative shall ensure that the project
owner, developer, or general contractor that is selected for
each military housing privatization initiative project has
construction experience commensurate with that required to
complete the project.
``(c) Bonding Levels.--The Secretary concerned shall ensure
that the project owner, developer, or general contractor
responsible for a military housing privatization initiative
project has sufficient payment and performance bonds or
suitable instruments in place for each phase of a
construction or renovation portion of the project to ensure
successful completion of the work in amounts as agreed to in
the project's legal documents, but in no case less than 50
percent of the total value of the active phases of the
project, prior to the commencement of work for that phase.
``(d) Reporting of Efforts To Select Successor in Event of
Default.--In the event a military housing privatization
initiative project enters into default, the assistant
secretary for installations and environment of the respective
military department shall submit a report to the
congressional defense committees every 90 days detailing the
status of negotiations to award the project to a new project
owner, developer, or general contractor.
``(e) Effect of Notices of Deficiency on Contractors and
Affiliated Entities.--(1) The Secretary concerned shall keep
a record of all plans of action or notices of deficiency
issued to a project owner, developer, or general contractor
under subsection (a)(4), including the identity of each
parent, subsidiary, affiliate, or other controlling entity of
such owner, developer, or contractor.
``(2) Each military department shall consult all records
maintained under paragraph (1) when reviewing the past
performance of owners, developers, and contractors in the
bidding process for a contract or other agreement for a
military housing privatization initiative project.''.
(2) Clerical amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end
the following new item:
``2885. Oversight and accountability for privatization projects.''.
(b) Report for Identifying and Communicating Best Practices
for Transactions.--Section 2884(b) of such title is amended
by adding at the end the following new paragraph:
``(7) A report on best practices for the execution of
housing privatization initiatives, including--
``(A) effective means to track and verify proper
performance, schedule, and cash flow;
``(B) means of overseeing the actions of bondholders to
properly monitor construction progress and construction
draws;
``(C) effective structuring of transactions to ensure the
United States Government has adequate abilities to oversee
project owner performance;
``(D) ensuring that notices to proceed on new work are not
issued until proper bonding is in place; and
``(E) such other topics that are identified as pertinent by
the Department of Defense.''.
(c) Partnership With Eligible Entity Required.--Section
2871(5) of title 10, United States Code, is amended by
inserting before the period at the end the following: ``that
is prepared to enter into a contract as a partner with the
Secretary concerned for the construction of military housing
units and ancillary supporting facilities''.
(d) Competitive Process for Conveyance or Lease of
Property.--Section 2878 of such title is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e); respectively; and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Competitive Process.--The Secretary concerned shall
ensure that the time, method, and terms and conditions of the
reconveyance or lease of property or facilities under this
section from the eligible entity permit full and free
competition consistent with the value and nature of the
property or facilities involved.''.
(e) Treatment of Acquired or Constructed Housing Units.--
(1) Repeal of separate assignment authority.--Section 2882
of such title is amended to read as follows:
[[Page 20912]]
``Sec. 2882. Effect of assignment of members to housing units
acquired or constructed under alternative authority
``(a) Treatment as Quarters of the United States.--Except
as provided in subsection (b), housing units acquired or
constructed under this subchapter shall be considered as
quarters of the United States or a housing facility under the
jurisdiction of a uniformed service for purposes of section
403 of title 37.
``(b) Availability of Basic Allowance for Housing.--A
member of the armed forces who is assigned to a housing unit
acquired or constructed under this subchapter that is not
owned or leased by the United States shall be entitled to a
basic allowance for housing under section 403 of title 37.
``(c) Lease Payments Through Pay Allotments.--The Secretary
concerned may require members of the armed forces who lease
housing in housing units acquired or constructed under this
subchapter to make lease payments for such housing pursuant
to allotments of the pay of such members under section 701 of
title 37.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter IV of chapter 169 of such title is
amended by striking the item relating to section 2882 and
inserting the following new item:
``2882. Effect of assignment of members to housing units acquired or
constructed under alternative authority.''.
(f) Annual Report on Maintenance and Repair to Privatized
General and Flag Officer Quarters.--Section 2884(b) of such
title, as amended by subsection (b), is further amended by
adding at the end the following new paragraph:
``(8) A report identifying each family housing unit
acquired or constructed under this subchapter that is used,
or intended to be used, as quarters for a general officer or
flag officer and for which the total operation, maintenance,
and repair costs for the unit exceeded $50,000. For each
housing unit so identified, the report shall also include the
total of such operation, maintenance, and repair costs.''.
SEC. 2806. AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS
FOR CONSTRUCTION PROJECTS INSIDE THE UNITED
STATES CENTRAL COMMAND AND UNITED STATES AFRICA
COMMAND AREAS OF RESPONSIBILITY.
(a) One-Year Extension of Authority.--Subsection (a) of
section 2808 of the Military Construction Authorization Act
for Fiscal Year 2004 (division B of Public Law 108-136; 117
Stat. 1723), as amended by section 2810 of the Military
Construction Authorization Act for Fiscal Year 2005 (division
B of Public Law 108-375; 118 Stat. 2128), section 2809 of the
Military Construction Authorization Act for Fiscal Year 2006
(division B of Public Law 109-163; 119 Stat. 3508), section
2802 of the Military Construction Authorization Act for
Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat.
2466), and section 2801 of the Military Construction
Authorization Act for Fiscal Year 2008 (division B of Public
Law 110-181; 122 Stat. 538), is further amended--
(1) by striking ``2008'' and inserting ``2009''; and
(2) by striking ``outside the United States'' and inserting
``inside the United States Central Command and United States
Africa Command areas of responsibility''.
(b) Exception for Projects in Afghanistan From Limitation
on Authority Related to Long-Term United States Presence.--
Such subsection, as so amended, is further amended by
inserting before the period at the end of paragraph (2) the
following: ``, unless the military installation is located in
Afghanistan, for which projects using this authority may be
carried out at installations deemed as supporting a long-term
presence''.
(c) Modification of Annual Limitation on Use of
Authority.--Subsection (c) of section 2808 of the Military
Construction Authorization Act for Fiscal Year 2004 (division
B of Public Law 108-136; 117 Stat. 1723) is amended to read
as follows:
``(c) Annual Limitation on Use of Authority.--(1) The total
cost of the construction projects carried out under the
authority of this section using, in whole or in part,
appropriated funds available for operation and maintenance
shall not exceed $200,000,000 in a fiscal year.
``(2) If the Secretary of Defense certifies to the
congressional defense committees that additional construction
in Afghanistan is required to meet urgent military
requirements in Afghanistan, up to an additional $300,000,000
in funds available for operation and maintenance may be used
in Afghanistan upon completing the prenotification
requirements under subsection (b). Under no circumstances
shall the total appropriated funds available from operation
and maintenance for fiscal year 2009 exceed $500,000,000.''.
(d) Quarterly Reports.--Subsection (d)(1) of such section,
as amended by section 2810 of the Military Construction
Authorization Act for Fiscal Year 2005 (division B of Public
Law 108-375; 118 Stat. 2128) and section 2809 of the Military
Construction Authorization Act for Fiscal Year 2006 (division
B of Public Law 109-163; 119 Stat. 3508), is further amended
by striking ``30 days'' and inserting ``45 days''.
SEC. 2807. COST-BENEFIT ANALYSIS OF DISSOLUTION OF PATRICK
FAMILY HOUSING LLC.
Not later than 30 days after the date of the enactment of
this Act, the Secretary of the Air Force shall submit to the
congressional defense committees a cost-benefit analysis of
dissolving Patrick Family Housing LLC without exercising the
full range of rights available to the United States
Government to recover damages from the partnership.
Subtitle B--Real Property and Facilities Administration
SEC. 2811. CLARIFICATION OF CONGRESSIONAL REPORTING
REQUIREMENTS FOR CERTAIN REAL PROPERTY
TRANSACTIONS.
Section 2662(c) of title 10, United States Code, is amended
by striking ``river and harbor projects or flood control
projects'' and inserting ``water resource development
projects of the Corps of Engineers''.
SEC. 2812. AUTHORITY TO LEASE NON-EXCESS PROPERTY OF MILITARY
DEPARTMENTS AND DEFENSE AGENCIES.
(a) Consolidation of Separate Authorities.--
(1) Establishment of single authority.--Subsection (a) of
section 2667 of title 10, United States Code, is amended to
read as follows:
``(a) Lease Authority.--Whenever the Secretary concerned
considers it advantageous to the United States, the Secretary
concerned may lease to such lessee and upon such terms as the
Secretary concerned considers will promote the national
defense or to be in the public interest, real or personal
property that--
``(1) is under the control of the Secretary concerned;
``(2) is not for the time needed for public use; and
``(3) is not excess property, as defined by section 102 of
title 40.''.
(2) Secretary concerned defined.--Subsection (i) of such
section is amended by adding at the end the following new
paragraph:
``(4) The term `Secretary concerned' means--
``(A) the Secretary of a military department, with respect
to matters concerning that military department; and
``(B) the Secretary of Defense, with respect to matters
concerning the Defense Agencies.''.
(b) Prohibition on Leaseback With Excessive Annual
Payments.--Subsection (b) of such section is amended--
(1) by striking ``and'' at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(7) may not provide for a leaseback by the Secretary
concerned with an annual payment in excess of $500,000.''.
(c) Improved Congressional Notification Requirements.--
Paragraph (4) of subsection (c) of such section is amended to
read as follows:
``(4)(A) Not later than 30 days before issuing a contract
solicitation or other lease offering under this section for a
lease whose annual payment, including any in-kind
consideration to be accepted under subsection (b)(5) or this
subsection, will exceed $750,000, the Secretary concerned
shall submit to the congressional defense committees a report
containing--
``(i) a description of the proposed lease, including the
proposed duration of the lease;
``(ii) a description of the authorities to be used in
entering the lease and the intended participation of the
United States in the lease, including a justification of the
intended method of participation;
``(iii) a statement of the scored cost of the lease,
determined using the scoring criteria of the Office of
Management and Budget;
``(iv) a determination that the property involved in the
lease is not excess property, as required by subsection
(a)(3), including the basis for the determination;
``(v) a determination that the proposed lease is directly
compatible with the mission of the military installation or
Defense Agency whose property is to be subject to the lease
and the anticipated long-term use of the property at the
conclusion of the lease; and
``(vi) a description of the requirements or conditions
within the contract solicitation or other lease offering for
the offeror to address taxation issues, including payments-
in-lieu-of taxes, and other development issues related to
local municipalities.
``(B) In the case of a lease described in subparagraph (A),
the Secretary concerned also shall submit to the
congressional defense committees a report at least 30 days
before the date on which the Secretary concerned enters into
a lease the following information:
``(i) A copy of the report submitted under subparagraph
(A).
``(ii) A description of the differences between the report
submitted under that subparagraph and the new report.
``(iii) A description of the lessee payment required under
this section.''.
(d) Conforming Amendments to References to Military
Departments and Installations.--
[[Page 20913]]
(1) Community support facilities and community support
services.--Subsection (d) of such section is amended--
(A) in paragraph (2), by striking ``Secretary of a military
department'' and inserting ``Secretary concerned''; and
(B) in paragraphs (3), (4), and (6), by striking ``of the
military department'' each place it appears.
(2) Deposit and use of proceeds.--Subsection (e) of such
section is amended--
(A) in paragraph (1)(A)--
(i) in the matter preceding clause (i)--
(I) by striking ``Secretary of a military department'' and
inserting ``Secretary concerned''; and
(II) by striking ``such military department'' and inserting
``that Secretary''; and
(ii) in clause (iii), by striking ``military department''
and inserting ``Secretary'';
(B) in paragraph (1)(B)(i), by striking ``Secretary of a
military department'' and inserting ``Secretary concerned'';
(C) in paragraph (1)(C), by striking ``of a military
department pursuant to subparagraph (A) shall be available to
the Secretary of that military department'' and inserting
``established for the Secretary concerned shall be available
to the Secretary'';
(D) in paragraph (1)(D)--
(i) by striking ``of a military department under
subparagraph (A)'' and inserting ``established for the
Secretary concerned''; and
(ii) by inserting ``or Defense Agency location'' after
``military installation'';
(E) in paragraph (1)(E), by striking ``installation'' and
inserting ``military installation or Defense Agency
location''; and
(F) in paragraph (3), by striking ``Secretary of a military
department'' and inserting ``Secretary concerned''.
(3) Base closure property.--Subsection (g)(1) of such
section is amended by striking ``Secretary of a military
department'' and inserting ``Secretary concerned''.
(e) Repeal of Separate Defense Agency Authority.--
(1) Repeal.--Section 2667a of such title is repealed.
(2) Effect on existing contracts.--The repeal of section
2667a of title 10, United States Code, shall not affect the
validity or terms of any lease with respect to property of a
Defense Agency entered into by the Secretary of Defense under
such section before the date of the enactment of this Act.
(3) Treatment of money rents.--Amounts in any special
account established for a Defense Agency pursuant to
subsection (d) of section 2667a of title 10, United States
Code, before repeal of such section by paragraph (1), and
amounts that would be deposited in such an account in
connection with a lease referred to in paragraph (2), shall--
(A) remain available until expended for the purposes
specified in such subsection, notwithstanding the repeal of
such section by paragraph (1); or
(B) to the extent provided in appropriations Acts, be
transferred to the special account required for the Secretary
of Defense by subsection (e) of section 2667 of such title,
as amended by subsection (d)(2) of this section.
(f) Clerical Amendments.--
(1) Section heading.--The heading of section 2667 of such
title is amended to read as follows:
``Sec. 2667. Leases: non-excess property of military
departments and Defense Agencies''.
(2) Table of sections.--The table of sections at the
beginning of chapter 159 of such title is amended by striking
the items relating to sections 2667 and 2667a and inserting
the following new item:
``2667. Leases: non-excess property of military departments and
Defense Agencies.''.
SEC. 2813. MODIFICATION OF UTILITY SYSTEM CONVEYANCE
AUTHORITY.
Section 2688 of title 10, United States Code, is amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following new
subsection:
``(j) Construction of Utility Infrastructure After
Conveyance of a Utility System.--(1) Upon conveyance of a
utility system, the Secretary of a military department may
convey additional utility infrastructure under the
jurisdiction of the Secretary on a military installation to a
utility or entity to which a utility system for the
installation has been conveyed under subsection (a) if the
Secretary determines that--
``(A) the additional utility infrastructure was constructed
or installed after the date of the conveyance of the utility
system;
``(B) the additional utility infrastructure cannot operate
without being a part of the conveyed utility system;
``(C) the additional utility infrastructure was planned and
coordinated with the entity operating the conveyed utility
system; and
``(D) the military department receives as consideration an
amount equal to the fair market value of the utility
infrastructure determined in the same manner as the
consideration the Secretary could require under subsection
(c) for a conveyance under subsection (a).
``(2) The conveyance under this paragraph may consist of
all right, title, and interest of the United States or such
lesser estate as the Secretary considers appropriate to serve
the interests of the United States.''.
SEC. 2814. DEFENSE ACCESS ROADS.
(a) Basis for Transportation Needs Assessment.--Section
210(a) of title 23, United States Code, is amended--
(1) by striking ``(a)'' and inserting ``(a)(1)''; and
(2) by adding at the end the following new paragraph:
``(2) If it is determined that an action of the Department
of Defense will cause a significant transportation impact to
access to a military reservation, the Secretary of Defense
shall conduct a transportation needs assessment to assess the
magnitude of the improvement required to address the
impact.''.
(b) Report on Recently Identified Transportation Impacts.--
Not later than April 1, 2009, the Secretary of Defense shall
submit to the congressional defense committees and the
Committee on Transportation and Infrastructure of the House
of Representatives a report that details the significant
transportation impacts resulting from actions of the
Department of Defense since January 1, 2005. In the report,
the Secretary shall assess the funding requirements necessary
to address transportation needs resulting from these
significant transportation impacts.
SEC. 2815. REPORT ON APPLICATION OF FORCE PROTECTION AND
ANTI-TERRORISM STANDARDS TO GATES AND ENTRY
POINTS ON MILITARY INSTALLATIONS.
(a) Report Required.--Not later than February 1, 2009, the
Secretary of Defense shall submit to the congressional
defense committees a report on the implementation of
Department of Defense Anti-Terrorism/Force Protection
standards at gates and entry points of military
installations.
(b) Content.--The report required under subsection (a)
shall include the following:
(1) A description of the anti-terrorism/force protection
standards for gates and entry points.
(2) An assessment, by installation, of whether the gates
and entry points meet anti-terrorism/force protection
standards.
(3) An assessment of whether the standards are met with
either temporary or permanent measures, facilities, or
equipment.
(4) A description and cost estimate of each action to be
taken by the Secretary of Defense for each installation to
ensure compliance with Department of Defense Anti-Terrorism/
Force Protection standards using permanent measures and
construction methods.
(5) An investment plan to complete all action required to
ensure compliance with the standards described under
paragraph (1).
Subtitle C--Provisions Related to Guam Realignment
SEC. 2821. SENSE OF CONGRESS REGARDING MILITARY HOUSING AND
UTILITIES RELATED TO GUAM REALIGNMENT.
(a) Nature of Special Purpose Entities.--It is the sense of
Congress that any military family housing provided in
connection with the realignment of military installations and
the relocation of military personnel on Guam should--
(1) be operated, to the extent practicable, in the manner
provided for public-private ventures under subchapter IV of
chapter 169 of title 10, United States Code; and
(2) should be constructed in accordance with current
Department of Defense building standards.
(c) Utility Infrastructure Improvements.--It is the sense
of Congress that the proposed utility infrastructure
improvements on Guam should incorporate the civilian and
military infrastructure into a single grid to realize and
maximize the effectiveness of the overall utility system, if
appropriate cost sharing and quality standards are met.
SEC. 2822. FEDERAL ASSISTANCE TO GUAM.
(a) Sense of Congress.--It is the sense of Congress that
the Interagency Group on Insular Areas, in coordination with
the appropriate Federal agencies, should enter into a
memorandum of understanding with the Government of Guam to
identify, before the realignment of military installations
and the relocation of military personnel on Guam, local
funding requirements for civilian infrastructure development
and other needs related to the realignment and relocation.
(b) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Comptroller General
shall submit to the congressional defense committees a report
on the status of interagency coordination through the
Interagency Group on Insular Areas of budgetary requests to
assist the Government of Guam with its budgetary requirements
related to the realignment of military forces on Guam. The
report shall address to what extent and how the Interagency
Group on Insular Areas will be able to coordinate interagency
budgets so the realignment of military forces on Guam will
meet the 2014 completion date as stipulated in the May 2006
security agreement between the United States and Japan.
(c) Interagency Group on Insular Areas Defined.--In this
section, the term ``Interagency Group on Insular Areas''
means the interagency group established by Executive Order
No. 13299 of May 12, 2003 (68 Fed. Reg.
[[Page 20914]]
25477; 48 U.S.C. note prec. 1451). The term includes any sub-
group or working group of that interagency group.
SEC. 2823. ELIGIBILITY OF THE COMMONWEALTH OF THE NORTHERN
MARIANA ISLANDS FOR MILITARY BASE REUSE STUDIES
AND COMMUNITY PLANNING ASSISTANCE.
(a) Inclusion in Definition of Military Installation.--
Section 2687(e)(1) of title 10, United States Code, is
amended by inserting after ``Virgin Islands,'' the following:
``the Commonwealth of the Northern Mariana Islands,''.
(b) Inclusion of Facilities Owned and Operated by
Commonwealth.--Section 2391(d)(1) of title 10, United States
Code, is amended by inserting after ``Guam,'' the following:
``the Commonwealth of the Northern Mariana Islands,''.
SEC. 2824. SUPPORT FOR REALIGNMENT OF MILITARY INSTALLATIONS
AND RELOCATION OF MILITARY PERSONNEL ON GUAM.
(a) Establishment of Account.--There is established on the
books of the Treasury an account to be known as the ``Support
for United States Relocation to Guam Account'' (in this
section referred to as the ``Account'').
(b) Credits to Account.--
(1) Amounts in fund.--There shall be credited to the
Account all contributions received during fiscal year 2009
and subsequent fiscal years under section 2350k of title 10,
United States Code, for the realignment of military
installations and the relocation of military personnel on
Guam.
(2) Notice of receipt of contributions.--The Secretary of
Defense shall submit to the congressional defense committees
written notice of the receipt of contributions referred to in
paragraph (1), including the amount of the contributions, not
later than 30 days after receiving the contributions.
(c) Use of Account.--
(1) Authorized uses.--Subject to paragraph (2), amounts in
the Account may be used as follows:
(A) To carry out or facilitate the carrying out of a
transaction authorized by this section in connection with the
realignment of military installations and the relocation of
military personnel on Guam, including military construction,
military family housing, unaccompanied housing, general
facilities constructions for military forces, and utilities
improvements.
(B) To carry out improvements of property or facilities on
Guam as part of such a transaction.
(C) To obtain property support services for property or
facilities on Guam resulting from such a transaction.
(D) To develop military facilities or training ranges in
the Commonwealth of the Northern Mariana Islands.
(2) Compliance with guam master plan.--Transactions
authorized by paragraph (1) shall be consistent with the Guam
Master Plan, as incorporated in decisions made in the manner
provided in section 102 of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332).
(3) Limitation regarding military housing.--To extent that
the authorities provided under subchapter IV of chapter 169
of title 10, United States Code, are available to the
Secretary of Defense, the Secretary shall use such
authorities to acquire, construct, or improve family housing
units or ancillary supporting facilities in connection with
the relocation of military personnel on Guam.
(4) Special requirements regarding use of contributions.--
(A) Treatment of contributions.--Except as provided in
subparagraph (C), the use of contributions referred to in
subsection (b)(1) shall not be subject to conditions imposed
on the use of appropriated funds by chapter 169 of title 10,
United States Code, or contained in annual military
construction appropriations Acts.
(B) Notice of obligation.--Contributions referred to in
subsection (b)(1) may not be obligated for a transaction
authorized by paragraph (1) until the Secretary of Defense
submits to the congressional defense committees notice of the
transaction, including a detailed cost estimate, and a period
of 21 days has elapsed after the date on which the
notification is received by the committees or, if earlier, a
period of 14 days has elapsed after the date on which a copy
of the notification is provided in an electronic medium.
(C) Cost and scope of work variations.--Section 2853 of
title 10, United States Code, shall apply to the use of
contributions referred to in subsection (b)(1).
(d) Transfer Authority.--
(1) Transfer to housing funds.--The Secretary of Defense
may transfer funds from the Account to the Department of
Defense Family Housing Improvement Fund established by
section 2883(a)(1) of title 10, United States Code.
(2) Treatment of transferred amounts.--Amounts transferred
under paragraph (1) to a fund referred to in that paragraph
shall be available in accordance with the provisions of
section 2883 of title 10, United States Code for activities
on Guam authorized under subchapter IV of chapter 169 of such
title.
(e) Report Regarding Guam Military Construction.--Not later
than February 15 of each year, the Secretary of Defense shall
submit to Congress a report containing information on each
military construction project included in the budget
submission for the next fiscal year related to the
realignment of military installations and the relocation of
military personnel on Guam. The Secretary shall present the
information in manner consistent with the presentation of
projects in the military construction accounts for each of
the military departments in the budget submission. The report
shall also include projects associated with the realignment
of military installations and relocation of military
personnel on Guam that are included in the future-years
defense program pursuant to section 221 of title 10, United
States Code.
(f) Sense of Congress.--It is the sense of Congress that
the use of the Account to facilitate construction projects
associated with the realignment of military installations and
the relocation of military personnel on Guam, as authorized
by subsection (c)(1), provides a great opportunity for
business enterprises of the United States and its territories
to contribute to the United States strategic presence in the
western Pacific by competing for contracts awarded for such
construction. Congress urges the Secretary of Defense to
ensure maximum participation by business enterprises of the
United States and its territories in such construction.
Subtitle D--Energy Security
SEC. 1. CERTIFICATION OF ENHANCED USE LEASES FOR ENERGY-
RELATED PROJECTS.
Section 2667(h) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(5) If a proposed lease under subsection (a) involves a
project related to energy production and the term of the
lease exceeds 20 years, the Secretary concerned may not enter
into the lease until at least 30 days after the date on which
the Secretary of Defense submits to the congressional defense
committees a certification that the project is consistent
with the Department of Defense performance goals and plan
required by section 2911 of this title.''.
SEC. 2. ANNUAL REPORT ON DEPARTMENT OF DEFENSE INSTALLATIONS
ENERGY MANAGEMENT.
Section 2925(a) of title 10, United States Code, is
amended--
(1) by striking the subsection heading and inserting the
following: ``Annual Report Related to Installations Energy
Management.--'';
(2) in paragraph (1), by inserting ``, the Energy
Independence and Security Act of 2007 (Public Law 110-140),''
after ``58)''; and
(3) by adding at the end the following new paragraph:
``(6) A description and estimate of the progress made by
the military departments to meet the certification
requirements for sustainable green-building standards in
construction and major renovations as required by section 433
of the Energy Independence and Security Act of 2007 (Public
Law 110-140; 121 Stat. 1612).''.
Subtitle E--Land Conveyances
SEC. 2841. LAND CONVEYANCE, FORMER NAVAL AIR STATION,
ALAMEDA, CALIFORNIA.
(a) Conveyance Authorized.--The Secretary of the Navy may
convey to the redevelopment authority for the former Naval
Air Station Alameda, California (in this section referred to
as the ``redevelopment authority''), all right, title and
interest of the United States in and to the real and personal
property comprising Naval Air Station Alameda, except those
parcels identified for public benefit conveyance and certain
surplus lands at the Naval Air Station Alameda described in
the Federal Register on November 5, 2007. In this section,
the real and personal property to be conveyed under this
section is referred to as the ``NAS Property''.
(b) Multiple Conveyances.--The conveyance of the NAS
Property may be conducted through multiple parcel transfers.
(c) Consideration.--As consideration for the conveyance of
the NAS Property under subsection (a), the Secretary of the
Navy shall seek to obtain fair market value.
(d) Existing Uses.--During the three-year period beginning
on the date on which the first conveyance under this section
is made, the redevelopment authority shall make reasonable
efforts to accommodate the continued use by the United States
of those portions of the NAS Property covered by a request
for Federal Land Transfer so long as the accommodation of
such use is at no cost or expense to the redevelopment
authority. Such accommodations shall provide adequate
protection for the endangered California Least Tern in
accordance with the requirements of the existing Biological
Opinion for Naval Air Station Alameda dated March 22, 1999,
and any future amendments to the Biological Opinion.
(e) Savings Provision.--Nothing in this section shall be
construed to affect or limit the application of, or any
obligation to comply with, any environmental law, including
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.).
(f) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under this
section
[[Page 20915]]
shall be determined by a survey satisfactory to the
Department.
(g) Master Lease.--The Lease in Furtherance of Conveyance,
dated June 2000, as amended, between the Secretary of the
Navy and the redevelopment authority shall remain in full
force and effect until conveyance of the NAS Property in
accordance with this section, and a lease amendment
recognizing this section shall be offered by the Secretary.
(h) Treatment of Amounts Received.--Amounts received by the
United States under this section shall be credited to the
fund or account intended to receive proceeds from the
disposal of the NAS Property pursuant to the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note).
(i) Additional Terms and Conditions.--The Secretary of the
Navy may require such additional terms and conditions in
connection with the conveyance under subsection (a) as the
Secretary considers appropriate to protect the interests of
the United States.
SEC. 2842. TRANSFER OF ADMINISTRATIVE JURISDICTION,
DECOMMISSIONED NAVAL SECURITY GROUP ACTIVITY,
SKAGGS ISLAND, CALIFORNIA.
(a) Transfer Memorandum of Agreement.--The Secretary of the
Navy and the Secretary of the Interior shall negotiate a
memorandum of agreement that stipulates the conditions upon
which the decommissioned Naval Security Group Activity,
Skaggs Island, Sonoma, California shall be transferred from
the administrative jurisdiction of the Department of the Navy
to the United States Fish and Wildlife Service for inclusion
in the National Wildlife Refuge System.
(b) Acceptance of Donations; Use.--The Secretary of the
Navy and the Secretary of the Interior may accept
contributions from the State of California and other entities
to help cover the costs of demolishing and removing
structures on the property described in subsection (a) and to
facilitate future environmental restoration that furthers the
ultimate end use of the property for conservation purposes.
Amounts received may be merged with other amounts available
to the Secretaries to carry out this section and shall remain
available, without further appropriation and until expended.
SEC. 2843. TRANSFER OF PROCEEDS FROM PROPERTY CONVEYANCE,
MARINE CORPS LOGISTICS BASE, ALBANY, GEORGIA.
(a) Transfer Authorized.--The Secretary of Defense may
transfer any proceeds from the sale of approximately 120.375
acres of improved land located at the former Boyett Village
Family Housing Complex at the Marine Corps Logistics Base,
Albany, Georgia, into the Department of Defense Family
Housing Improvement Fund established under section 2883(a)(1)
of title 10, United States Code, for carrying out activities
under subchapter IV of chapter 169 of that title with respect
to military family housing.
(b) Notification Requirement.--A transfer of proceeds under
subsection (a) may be made only after the end of the 30-day
period beginning on the date the Secretary of Defense submits
written notice of the transfer to the congressional defense
committees.
SEC. 2844. LAND CONVEYANCE, SERGEANT FIRST CLASS M.L. DOWNS
ARMY RESERVE CENTER, SPRINGFIELD, OHIO.
(a) Conveyance Authorized.--At such time as the Army
Reserve vacates the Sergeant First Class M.L. Downs Army
Reserve Center at 1515 West High Street in Springfield, Ohio,
the Secretary of the Army may convey, without consideration,
to the City of Springfield, Ohio (in this section referred to
as the ``City''), all right, title, and interest of the
United States in and to the parcel of real property,
including improvements thereon, containing the Reserve Center
and approximately three acres for the purpose of permitting
the City to utilize the property for municipal government
activities.
(b) Reversionary Interest.--If the Secretary determines at
any time that the real property conveyed under subsection (a)
is not being used in accordance with the purpose of the
conveyance, all right, title, and interest in and to such
real property, including any improvements and appurtenant
easements thereto, shall, at the option of the Secretary,
revert to and become the property of the United States, and
the United States shall have the right of immediate entry
onto such real property. A determination by the Secretary
under this subsection shall be made on the record after an
opportunity for a hearing.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary.
(d) Payment of Costs of Conveyances.--
(1) Payment required.--The Secretary shall require the City
to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary,
to carry out the conveyance under subsection (a), including
survey costs, costs related to environmental documentation,
and other administrative costs related to the conveyance. If
amounts are collected from the City in advance of the
Secretary incurring the actual costs, and the amount
collected exceeds the costs actually incurred by the
Secretary to carry out the conveyance, the Secretary shall
refund the excess amount to the City.
(2) Treatment of amounts received.--Amounts received as
reimbursements under paragraph (1) shall be credited to the
fund or account that was used to cover the costs incurred by
the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or account
and shall be available for the same purposes, and subject to
the same conditions and limitations, as amounts in such fund
or account.
(e) Additional Term and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2845. LAND CONVEYANCE, JOHN SEVIER RANGE, KNOX COUNTY,
TENNESSEE.
(a) Conveyance Authorization.--The Secretary of the Army
may convey, without consideration, to the State of Tennessee
all right, title, and interest of the United States in and to
a parcel of real property, including any improvements thereon
and appurtenant easements thereto, consisting of
approximately 124 acres known as the John Sevier Range in
Knox County, Tennessee, for the purpose of using such real
property as a public firing range and for other public
recreational activities.
(b) Reversionary Interest.--If the Secretary determines at
any time that the real property conveyed under subsection (a)
is not being used in accordance with the terms of the
conveyance, all right, title, and interest in and to such
real property, including any improvements and appurtenant
easements thereto, shall, at the option of the Secretary,
revert to and become the property of the United States, and
the United States shall have the right of immediate entry
onto such real property. A determination by the Secretary
under this subsection shall be made on the record after an
opportunity for a hearing.
(c) Administrative Expenses.--In accordance with section
2695 of title 10, United State Code, the Secretary may accept
amounts provided by the State to cover administrative
expenses incurred by the Secretary with respect to the
conveyance authorized under subsection (a), including survey
expenses, expenses related to environmental documentation,
and other administrative expenses related to such conveyance.
Such amounts shall be credited, pursuant to subsection (c) of
section 2695 of such title, to the appropriation, fund, or
account from which such expenses were paid. If amounts are
collected from the State in advance of the Secretary
incurring such expenses, and the amount collected exceeds the
expenses actually incurred by the Secretary, the Secretary
shall refund the excess amount to the State.
(d) Description of Property.--The exact acreage and legal
description of the real property authorized to be conveyed
under subsection (a) shall be determined by a survey
satisfactory to the Secretary and the State.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance authorized under subsection (a) as the
Secretary considers appropriate to protect the interests of
the United States.
SEC. 2846. LAND CONVEYANCE, ARMY PROPERTY, CAMP WILLIAMS,
UTAH.
(a) Conveyance Authorized.--If the Secretary of the Army
determines that it is the national security interest of the
United States, the Secretary may convey, without
consideration, to the State of Utah (in this section, the
``State'') on behalf of the Utah National Guard all right,
title, and interest of the United States in and to two
parcels of real property, including improvements thereon,
that are located within the boundaries of Camp Williams,
Utah, consisting of approximately 608 acres and 308 acres,
respectively, and are identified in the Utah National Guard
master plan.
(b) Condition.--As a condition of the conveyance, the
Secretary shall, not later than 21 days before carrying out
the conveyance, submit a report to Congress certifying that
the purpose of the conveyance is to further the interest of
national security and the property conveyed will be used for
military purposes only.
(c) Reversionary Interest.--If the Secretary determines at
any time that the real property conveyed under subsection
(a), or any portion thereof, has been sold or is not being
used in a manner consistent with subsection (b), the property
shall revert, at the option of the Secretary, to the United
States, and the United States shall have the right of
immediate entry onto the property. Any determination of the
Secretary under this subsection shall be made on the record
after consultation with the Governor of the State of Utah and
an opportunity for a hearing.
(d) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary shall require the
State to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary,
to carry out the conveyance under subsection (a), including
survey costs, costs
[[Page 20916]]
related to environmental documentation, and other
administrative costs related to the conveyance. If amounts
are collected from the State in advance of the Secretary
incurring the actual costs, and the amount collected exceeds
the costs actually incurred by the Secretary to carry out the
conveyance, the Secretary shall refund the excess amount to
the State.
(2) Treatment of amounts received.--Amounts received as
reimbursements under paragraph (1) shall be credited to the
fund or account that was used to cover the costs incurred by
the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or account
and shall be available for the same purposes, and subject to
the same conditions and limitations, as amounts in such fund
or account.
(e) Description of Real Property.--The exact acreage and
legal description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary.
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2847. EXTENSION OF POTOMAC HERITAGE NATIONAL SCENIC
TRAIL THROUGH FORT BELVOIR, VIRGINIA.
(a) Agreement Authority.--The Secretary of the Army may
enter into a revocable at will easement with the Secretary of
the Interior to provide land along the perimeter of Fort
Belvoir, Virginia, to be used as a segment of the Potomac
Heritage National Scenic Trail.
(b) Selection Criteria.--In determining the extent of the
easement, the Secretary of the Army shall provide for a
single trail, and select alignments of the trail, along the
perimeter of Fort Belvoir. In making that determination, the
Secretary shall consider--
(1) the perimeter security requirements to protect the
assets, people, and agency missions located at Fort Belvoir;
(2) the appropriate setback from adjacent roadways to
provide for a safe and enjoyable experience for users of the
trail; and
(3) any planned future expansion of roadways, including
United States Route 1, so that the trail will not be
adversely impacted by roadway construction.
(c) Trail Administration and Management.--A written
agreement confirming an administration and management
arrangement of any segment of the Potomac Heritage National
Scenic Trail along the perimeter of Fort Belvoir shall be co-
signed by the parties to the easement agreement.
Subtitle F--Other Matters
SEC. 2851. REVISED DEADLINE FOR TRANSFER OF ARLINGTON NAVAL
ANNEX TO ARLINGTON NATIONAL CEMETERY.
Section 2881(h)(1) of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public
Law 106-65; 113 Stat. 879), as amended by section 2871 of the
Military Construction Authorization Act for Fiscal Year 2008
(division B of Public Law 110-181; 122 Stat. 561), is further
amended by striking ``January 1, 2011'' and inserting
``January 1, 2012''.
SEC. 2852. ACCEPTANCE AND USE OF GIFTS FOR CONSTRUCTION OF
ADDITIONAL BUILDING AT NATIONAL MUSEUM OF THE
UNITED STATES AIR FORCE, WRIGHT-PATTERSON AIR
FORCE BASE.
(a) Acceptance Authorized.--The Secretary of the Air Force
may accept from the Air Force Museum Foundation, a private
nonprofit corporation, gifts in the form of cash, treasury
instruments, or comparable United States securities for the
purpose of paying the costs of design and construction of a
fourth building for the National Museum of the United States
Air Force at Wright-Patterson Air Force Base, Ohio. In making
a gift, the Air Force Museum Foundation may specify that all
or part of the amount of the gift be utilized solely for the
purpose of the design and construction of a particular
portion of the building and for contract management related
to such design and construction.
(b) Escrow Account.--
(1) Deposit of gifts.--The Secretary of the Air Force,
acting through the Director of Financial Management of the
Air Force Materiel Command (in this section referred to as
the ``Director''), shall deposit the amount of any gift
accepted under subsection (a) in an escrow account
established for that purpose.
(2) Investment.--Amounts in the escrow account not required
to meet current requirements of the account shall be invested
in public debt securities with maturities suitable to the
needs of the account, as determined by the Director, and
bearing interest at rates that take into consideration
current market yields on outstanding marketable obligations
of the United States of comparable securities. The income on
such investments shall be credited to and form a part of the
account.
(3) Liquidation.--Upon final payment of all invoices and
claims associated with the design and construction of the
building described in subsection (a), the Secretary shall
terminate the escrow account. Any amounts remaining in the
account upon termination shall be available to the Secretary,
in such amounts as are provided in advance in appropriations
Acts, for such purposes as the Secretary considers
appropriate.
(c) Use of Gifts.--
(1) Design, construction, and contract management.--Subject
to any conditions imposed by the Air Force Museum Foundation
under subsection (a), the Director shall use amounts in the
escrow account, including income on investments, to pay all
costs for the design and construction of a fourth building
for the National Museum of the United States Air Force and
all costs for contract management related to such design and
construction. The requirement imposed by this paragraph
includes making progress payments for such design and
construction.
(2) Sole source of funds.--Gifts received under subsection
(a) and income on investments made under subsection (b)(2)
shall be the sole source of funds used to pay all costs for
the design and construction of a fourth building for the
National Museum of the United States Air Force and all costs
for contract management related to such design and
construction.
(3) Time for payment.--Amounts shall be payable under
paragraph (1) upon receipt by the Director of a notification
from the technical representative of the contracting officer
that construction activities for which such amounts are
payable under paragraph (1) have been undertaken. To the
maximum extent practicable consistent with good business
practice, the Director shall limit payment of amounts from
the account in order to maximize the return on investment of
amounts in the account.
(d) Limitation on Contracts.--The Secretary of the Air
Force may not initiate a contract for the design or
construction of a particular portion of the building
described in subsection (a) until amounts in the escrow
account are sufficient to cover the amount of the contract.
SEC. 2853. LEASE INVOLVING PIER ON FORD ISLAND, PEARL HARBOR
NAVAL BASE, HAWAII.
(a) Lease.--The Secretary of the Navy shall enter into a
lease with the USS Missouri Memorial Association to authorize
the USS Missouri Memorial Association to use the pier Foxtrot
Five and related real property on Ford Island, Pearl Harbor
Naval Base, Hawaii, during calendar years 2009 and 2010.
(b) Consideration.--The lease required by subsection (a)
shall be made without consideration.
(c) Conditions on Use of Leased Property.--As conditions on
the lease under subsection (a), the USS Missouri Memorial
Association shall agree--
(1) to preserve and maintain the ex-USS Missouri for
education purposes, historic preservation, and community
outreach;
(2) that the Navy may use the leased property without
charge for purposes that do not interfere with the use of
such property by the USS Missouri Memorial Association; and
(3) that the Navy may use the ex-USS Missouri for official
functions at no cost.
(d) Effect of Violation.--If the Secretary determines at
any time that the USS Missouri Memorial Association is not in
compliance with the conditions imposed by subsection (c), the
Secretary may terminate the lease referred to in subsection
(a). Any determination of the Secretary under this subsection
shall be made on the record after an opportunity for a
hearing.
SEC. 2854. USE OF RUNWAY AT NASJRB WILLOW GROVE,
PENNSYLVANIA.
(a) Conditions on Conveyance, Grant, Lease, or License.--
Any conveyance, grant, lease, or license from the United
States to the Commonwealth of Pennsylvania or other legal
entity that includes the airfield property located at NASJRB
Willow Grove and designated for operation as a Joint
Interagency Installation pursuant to section 3703 of the U.S.
Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq
Accountability Appropriations Act, 2007 (Public Law 110-28;
121 Stat. 145) shall be subject to the restrictions on the
use of the airfield set forth in subsection (b).
(b) Restrictions on Use.--The airfield at the installation
shall not be used for any of the following purposes:
(1) Commercial passenger operations.
(2) Commercial cargo operations.
(3) Commercial, business, or nongovernment aircraft
operations for purposes not related to the missions of the
installation, except that this paragraph shall not apply in
exigent circumstances or prohibit use of the airfield by or
on behalf of any associated user which is a tenant of the
installation.
(4) As a reliever airport to relieve congestion at other
airports or to provide improved general aviation access to
the overall community, except that this paragraph shall not
apply in exigent circumstances.
(c) Limitation on Statutory Construction.--Nothing in this
section shall be construed to diminish or alter authorized
uses of the installation, including the military enclave that
is part thereof, by the United States or its agencies or
instrumentalities or to limit use of the property in exigent
circumstances.
(d) Definitions.--In this section:
(1) Airfield.--The term ``airfield'' means the airfield
referred to in subsection (a).
(2) Associated users.--The term ``associated users'' means
nongovernmental organizations and private entities that use
the
[[Page 20917]]
airfield for purposes related to the national defense,
homeland security, and emergency preparedness missions of the
installation.
(3) Exigent circumstances.--The term ``exigent
circumstances'' means unusual conditions, including adverse
or unusual weather conditions, alerts, and actual or
threatened emergencies that are determined by the
installation to require limited-duration use of the
installation or its airfield for operations, including flying
operations, for uses otherwise restricted under subsection
(b).
(4) Commercial cargo operations.--The term ``commercial
cargo operations'' means aircraft operations by a commercial
cargo or freight carrier in cases in which cargo is delivered
to or flown from the installation under established
schedules, except that the term does not include any cargo
operations undertaken by or on behalf of any user of the
installation or cargo operations related to the national
defense, homeland security, and emergency preparedness
missions of the installation.
(5) Commercial passenger operations.--The term ``commercial
passenger operations'' means aircraft passenger operations by
commercial passenger carriers involving flights where
passengers are boarded or enplaned at the installation,
except that the term does not include passenger operations
undertaken by or on behalf of any user of the installation or
passenger operations related to the national defense,
homeland security, and emergency preparedness missions of the
installation.
(6) Installation.--The term ``installation'' means the
Joint Interagency Installation referred to in subsection (a).
SEC. 2855. NAMING OF HEALTH FACILITY, FORT RUCKER, ALABAMA.
The health facility located at 301 Andrews Avenue in Fort
Rucker, Alabama, shall be known and designated as the
``Lyster Army/VA Health Clinic''. Any reference in a law,
map, regulation, document, paper, or other record of the
United States to such facility shall be deemed to be a
reference to the Lyster Army/VA Health Clinic.
TITLE XXIX--WAR-RELATED MILITARY CONSTRUCTION AUTHORIZATIONS
Subtitle A--Fiscal Year 2008 Projects
Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Navy construction and land acquisition projects.
Sec. 2903. Authorized Air Force construction and land acquisition
projects.
Sec. 2904. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2905. Termination of authority to carry out fiscal year 2008 Army
projects.
Subtitle B--Fiscal Year 2009 Projects
Sec. 2911. Authorized Army construction and land acquisition projects.
Sec. 2912. Authorized Navy construction and land acquisition projects.
Subtitle A--Fiscal Year 2008 Projects
SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in subsection
(c)(1), the Secretary of the Army may acquire real property
and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
Army: Inside the United States
------------------------------------------------------------------------
State Installation or Location Amount
------------------------------------------------------------------------
Alaska....................... Fort Wainwright.......... $17,000,000
California................... Fort Irwin............... $11,800,000
Colorado..................... Fort Carson.............. $8,400,000
Georgia...................... Fort Gordon.............. $39,800,000
Hawaii....................... Schofield Barracks....... $12,500,000
Kentucky..................... Fort Campbell............ $9,900,000
Fort Knox................ $7,400,000
North Carolina............... Fort Bragg............... $8,500,000
Oklahoma..................... Fort Sill................ $9,000,000
Texas........................ Fort Bliss............... $17,300,000
Fort Hood................ $7,200,000
Fort Sam Houston......... $54,000,000
Virginia..................... Fort Lee................. $7,400,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in subsection
(c)(2), the Secretary of the Army may acquire real property
and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:
Army: Outside the United States
------------------------------------------------------------------------
Country Installation or Location Amount
------------------------------------------------------------------------
Iraq ....................... Camp Adder............... $13,200,000
Camp Ramadi.............. $6,200,000
Fallujah................. $5,500,000
------------------------------------------------------------------------
(c) Authorization of Appropriations.--In addition to funds
authorized to be appropriated under 2901(c) of the Military
Construction Authorization Act for Fiscal Year 2008 (division
B of Public Law 110-181; 122 Stat. 571), funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2007, for military construction, land
acquisition, and military family housing functions of the
Department of the Army in the total amount of $241,100,000 as
follows:
(1) For military construction projects inside the United
States authorized by subsection (a), $210,200,000.
(2) For military construction projects outside the United
States authorized by subsection (b), $24,900,000.
(3) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $6,000,000.
SEC. 2902. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in subsection
(b)(1), the Secretary of the Navy may acquire real property
and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
[[Page 20918]]
Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California................................ Camp Pendleton.................................... $9,270,000
China Lake........................................ $7,210,000
Point Mugu........................................ $7,250,000
San Diego......................................... $12,299,000
San Diego Marine Corps Recruit Depot (MCRD)....... $43,200,000
Twentynine Palms.................................. $11,250,000
Florida................................... Eglin Air Force Base.............................. $780,000
Mississippi............................... Gulfport.......................................... $6,570,000
North Carolina............................ Camp Lejeune...................................... $27,980,000
Virginia.................................. Yorktown.......................................... $8,070,000
----------------------------------------------------------------------------------------------------------------
(b) Authorization of Appropriations.--In addition to funds
authorized to be appropriated under 2902(d) of the Military
Construction Authorization Act for Fiscal Year 2008 (division
B of Public Law 110-181; 122 Stat. 572), funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2007, for military construction, land
acquisition, and military family housing functions of the
Department of the Navy in the total amount of $137,931,000 as
follows:
(1) For military construction projects inside the United
States authorized by subsection (a), $133,879,000.
(2) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $4,052,000.
SEC. 2903. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in subsection
(c)(1), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
Air Force: Inside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California................................ Beale Air Force Base.............................. $17,600,000
Florida................................... Eglin Air Force Base.............................. $11,000,000
New Mexico................................ Cannon Air Force Base............................. $8,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in subsection
(c)(2), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:
Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Qatar..................................... Al Udeid.......................................... $60,400,000
----------------------------------------------------------------------------------------------------------------
(c) Authorization of Appropriations.--In addition to funds
authorized to be appropriated under 2903(b) of the Military
Construction Authorization Act for Fiscal Year 2008 (division
B of Public Law 110-181; 122 Stat. 573), funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2007, for military construction, land
acquisition, and military family housing functions of the
Department of the Air Force in the total amount of
$98,427,000, as follows:
(1) For military construction projects inside the United
States authorized by subsection (a), $36,600,000.
(2) For military construction projects outside the United
States authorized by subsection (b), $60,400,000.
(3) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $1,427,000.
SEC. 2904. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in subsection
(b)(1), the Secretary of Defense may acquire real property
and carry out the military construction project for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
Defense Agencies: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
North Carolina............................ Camp Lejeune...................................... $57,900,000
----------------------------------------------------------------------------------------------------------------
(b) Authorization of Appropriations.--In addition to funds
authorized to be appropriated under 2904(c) of the Military
Construction Authorization Act for Fiscal Year 2008 (division
B of Public Law 110-181; 122 Stat. 573), funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2007, for military construction, land
acquisition, and military family housing functions of the
Department of Defense (other than the military departments)
in the total amount of $110,735,000, as follows:
(1) For military construction projects inside the United
States authorized by subsection (a), $57,900,000.
(2) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $52,835,000.
[[Page 20919]]
SEC. 2905. TERMINATION OF AUTHORITY TO CARRY OUT FISCAL YEAR
2008 ARMY PROJECTS.
(a) Termination of Authority.--The table in section 2901(b)
of the Military Construction Authorization Act for Fiscal
Year 2008 (division B of Public Law 110-181; 122 Stat. 570),
is amended--
(1) in the item relating to Camp Adder, Iraq, by striking
``$80,650,000'' in the amount column and inserting
``$75,800,000'';
(2) in the item relating to Camp Anaconda, Iraq, by
striking ``$53,500,000'' in the amount column and inserting
``$10,500,000'';
(3) in the item relating to Camp Victory, Iraq, by striking
``$65,400,000'' in the amount column and inserting
``$60,400,000'';
(4) by striking the item relating to Tikrit, Iraq; and
(5) in the item relating to Camp Speicher, Iraq, by
striking ``$83,900,000'' in the amount column and inserting
``$74,100,000''.
(b) Conforming Amendments.--Section 2901(c) of the Military
Construction Authorization Act for Fiscal Year 2008 (division
B of Public Law 110-181; 122 Stat. 571) is amended--
(1) by striking ``$1,257,750,000'' and inserting
``$1,152,100,000''; and
(2) in paragraph (2), by striking ``$1,055,450,000'' and
inserting ``$949,800,000''.
Subtitle B--Fiscal Year 2009 Projects
SEC. 2911. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in subsection
(b)(1), the Secretary of the Army may acquire real property
and carry out military construction projects to construct or
renovate warrior transition unit facilities at the
installations or locations inside the United States set forth
in the following table:
Army: Inside the United States
------------------------------------------------------------------------
State Installation or Location Amount
------------------------------------------------------------------------
Various...................... Various locations........ $400,000,000
------------------------------------------------------------------------
(b) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2008, for military construction, land
acquisition, and military family housing functions of the
Department of the Army in the total amount of $450,000,000,
as follows:
(1) For military construction projects inside the United
States authorized by subsection (a), $400,000,000.
(2) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $50,000,000.
(c) Report Required Before Commencing Certain Projects.--
Funds may not be obligated for the projects authorized by
this section until 14 days after the date on which the
Secretary of Defense submits to the congressional defense
committees a report containing a detailed justification for
the projects.
SEC. 2912. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in subsection
(b)(1), the Secretary of the Navy may acquire real property
and carry out military construction projects to construct or
renovate warrior transition unit facilities at the
installations or locations inside the United States set forth
in the following table:
Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Various........................................ Various locations............................ $40,000,000
----------------------------------------------------------------------------------------------------------------
(b) Authorization of Appropriations.--Subject to section
2825 of title 10, United States Code, funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2008, for military construction, land
acquisition, and military family housing functions of the
Department of the Navy in the total amount of $50,000,000, as
follows:
(1) For military construction projects inside the United
States authorized by subsection (a), $40,000,000.
(2) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $10,000,000.
(c) Report Required Before Commencing Certain Projects.--
Funds may not be obligated for the projects authorized by
this section until 14 days after the date on which the
Secretary of Defense submits to the congressional defense
committees a report containing a detailed justification for
the projects.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. Energy security and assurance.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Modification of functions of Administrator for Nuclear
Security to include elimination of surplus fissile
materials usable for nuclear weapons.
Sec. 3112. Limitation on Funding for Project 04-D-125 Chemistry and
Metallurgy Research Replacement facility project, Los
Alamos National Laboratory, Los Alamos, New Mexico.
Sec. 3113. Nonproliferation and national security scholarship and
fellowship program.
Sec. 3114. Enhancing nuclear forensics capabilities.
Sec. 3115. Utilization of contributions to International Nuclear
Materials Protection and Cooperation program and Russian
plutonium disposition program.
Sec. 3116. Review of and reports on Global Initiatives for
Proliferation Prevention program.
Sec. 3117. Limitation on availability of funds for Global Nuclear
Energy Partnership.
Subtitle C--Reports
Sec. 3121. Extension of deadline for Comptroller General report on
Department of Energy protective force management.
Sec. 3122. Report on compliance with Design Basis Threat issued by the
Department of Energy in 2005.
Sec. 3123. Modification of submittal of reports on inadvertent releases
of restricted data.
Subtitle A--National Security Programs Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2009 for the activities of the National Nuclear
Security Administration in carrying out programs necessary
for national security in the amount of $9,752,507,000, to be
allocated as follows:
(1) For weapons activities, $6,625,111,000.
(2) For defense nuclear nonproliferation activities,
including $528,782,000 for fissile materials disposition,
$1,895,261,000.
(3) For naval reactors, $828,054,000.
(4) For the Office of the Administrator for Nuclear
Security, $404,081,000.
(b) Authorization of New Plant Projects.--From funds
referred to in subsection (a) that are available for carrying
out plant projects, the Secretary of Energy may carry out new
plant projects for the National Nuclear Security
Administration as follows:
(1) For readiness in technical base and facilities, the
following new plant projects:
Project 09-D-404, Test Capabilities Revitalization Phase 2,
Sandia National Laboratory, Albuquerque, New Mexico,
$3,200,000.
Project 08-D-806, Ion Beam Laboratory Project, Sandia
National Laboratory, Albuquerque, New Mexico, $10,014,000.
[[Page 20920]]
(2) For naval reactors, the following new plant projects:
Project 09-D-902, Naval Reactors Facility Production
Support Complex, Naval Reactors Facility, Idaho Falls, Idaho,
$8,300,000.
Project 09-D-190, Project engineering and design, Knolls
Atomic Power Laboratory infrastructure upgrades, Knolls
Atomic Power Laboratory, Kesselring Site, Schenectady, New
York, $1,000,000.
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2009 for defense
environmental cleanup activities in carrying out programs
necessary for national security in the amount of
$5,297,256,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2009 for other defense
activities in carrying out programs necessary for national
security in the amount of $826,453,000.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2009 for defense nuclear
waste disposal for payment to the Nuclear Waste Fund
established in section 302(c) of the Nuclear Waste Policy Act
of 1982 (42 U.S.C. 10222(c)) in the amount of $222,371,000.
SEC. 3105. ENERGY SECURITY AND ASSURANCE.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2009 for energy security
and assurance programs necessary for national security in the
amount of $7,622,000.
Subtitle B--Program Authorizations, Restrictions, and Limitations
SEC. 3111. MODIFICATION OF FUNCTIONS OF ADMINISTRATOR FOR
NUCLEAR SECURITY TO INCLUDE ELIMINATION OF
SURPLUS FISSILE MATERIALS USABLE FOR NUCLEAR
WEAPONS.
Section 3212(b) of the National Nuclear Security
Administration Act (50 U.S.C. 2402(b)) is amended--
(1) by redesignating paragraph (18) as paragraph (19); and
(2) by inserting after paragraph (17) the following new
paragraph (18):
``(18) Eliminating inventories of surplus fissile materials
usable for nuclear weapons.''.
SEC. 3112. LIMITATION ON FUNDING FOR PROJECT 04-D-125
CHEMISTRY AND METALLURGY RESEARCH REPLACEMENT
FACILITY PROJECT, LOS ALAMOS NATIONAL
LABORATORY, LOS ALAMOS, NEW MEXICO.
Of the amounts appropriated pursuant to an authorization of
appropriations in this Act or otherwise made available for
fiscal year 2009 for Project 04-D-125 Chemistry and
Metallurgy Research Replacement (in this section referred to
as ``CMRR'') facility project, Los Alamos National
Laboratory, Los Alamos, New Mexico, not more than $50,200,000
may be made available until--
(1) the Administrator for Nuclear Security and the Defense
Nuclear Facilities Safety Board have each submitted a
certification to the congressional defense committees stating
that the concerns raised by the Defense Nuclear Facilities
Safety Board regarding the design of CMRR safety class
systems (including ventilation systems) and seismic issues
have been resolved; and
(2) a period of 15 days has elapsed after both
certifications under paragraph (1) have been submitted.
SEC. 3113. NONPROLIFERATION AND NATIONAL SECURITY SCHOLARSHIP
AND FELLOWSHIP PROGRAM.
(a) Establishment.--The Administrator for Nuclear Security
shall carry out a program to provide scholarships and
fellowships for the purpose of enabling individuals to
qualify for employment in the nonproliferation and national
security programs of the Department of Energy.
(b) Eligible Individuals.--An individual shall be eligible
for a scholarship or fellowship under the program established
under this section if the individual--
(1) is a citizen or national of the United States or an
alien lawfully admitted to the United States for permanent
residence;
(2) has been accepted for enrollment or is currently
enrolled as a full-time student at an institution of higher
education (as defined in section 102(a) of the Higher
Education Act of 1965 (20 U.S.C. 1002(a));
(3) is pursuing a program of education that leads to an
appropriate higher education degree in a qualifying field of
study, as determined by the Administrator;
(4) enters into an agreement described in subsection (c);
and
(5) meets such other requirements as the Administrator
prescribes.
(c) Agreement.--An individual seeking a scholarship or
fellowship under the program established under this section
shall enter into an agreement, in writing, with the
Administrator that includes the following:
(1) The agreement of the Administrator to provide such
individual with a scholarship or fellowship in the form of
educational assistance for a specified number of school years
(not to exceed five school years) during which such
individual is pursuing a program of education in a qualifying
field of study, which educational assistance may include
payment of tuition, fees, books, laboratory expenses, and a
stipend.
(2) The agreement of such individual--
(A) to accept such educational assistance;
(B) to maintain enrollment and attendance in a program of
education described in subsection (b)(2) until such
individual completes such program;
(C) while enrolled in such program, to maintain
satisfactory academic progress in such program, as determined
by the institution of higher education in which such
individual is enrolled; and
(D) after completion of such program, to serve as a full-
time employee in a nonproliferation or national security
position in the Department of Energy or at a laboratory of
the Department for a period of not less than 12 months for
each school year or part of a school year for which such
individual receives a scholarship or fellowship under the
program established under this section.
(3) The agreement of such individual with respect to the
repayment requirements specified in subsection (d).
(d) Repayment.--
(1) In general.--An individual receiving a scholarship or
fellowship under the program established under this section
shall agree to pay to the United States the total amount of
educational assistance provided to such individual under such
program, plus interest at the rate prescribed by paragraph
(4), if such individual--
(A) does not complete the program of education agreed to
pursuant to subsection (c)(2)(B);
(B) completes such program of education but declines to
serve in a position in the Department of Energy or at a
laboratory of the Department as agreed to pursuant to
subsection (c)(2)(D); or
(C) is voluntarily separated from service or involuntarily
separated for cause from the Department of Energy or a
laboratory of the Department before the end of the period for
which such individual agreed to continue in the service of
the Department pursuant to subsection (c)(2)(D).
(2) Failure to repay.--If an individual who received a
scholarship or fellowship under the program established under
this section is required to repay, pursuant to an agreement
under paragraph (1), the total amount of educational
assistance provided to such individual under such program,
plus interest at the rate prescribed by paragraph (4), and
fails repay such amount, a sum equal to such amount (plus
such interest) is recoverable by the United States Government
from such individual or the estate of such individual by--
(A) in the case of an individual who is an employee of the
United States Government, setoff against accrued pay,
compensation, amount of retirement credit, or other amount
due the employee from the Government; or
(B) such other method as is provided by law for the
recovery of amounts owed to the Government.
(3) Waiver of repayment.--The Administrator may waive, in
whole or in part, repayment by an individual under this
subsection if the Administrator determines that seeking
recovery under paragraph (2) would be against equity and good
conscience or would be contrary to the best interests of the
United States.
(4) Rate of interest.--For purposes of repayment under this
subsection, the total amount of educational assistance
provided to an individual under the program established under
this section shall bear interest at the applicable rate of
interest under section 427A(c) of the Higher Education Act of
1965 (20 U.S.C. 1077a(c)).
(e) Preference for Cooperative Education Students.--In
evaluating individuals for the award of a scholarship or
fellowship under the program established under this section,
the Administrator may give a preference to an individual who
is enrolled in, or accepted for enrollment in, an institution
of higher education that has a cooperative education program
with the Department of Energy.
(f) Coordination of Benefits.--A scholarship or fellowship
awarded under the program established under this section
shall be taken into account in determining the eligibility of
an individual receiving such scholarship or fellowship for
Federal student financial assistance provided under title IV
of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).
(g) Report to Congress.--Not later than January 1, 2010,
the Administrator shall submit to the congressional defense
committees a report on the activities carried out under the
program established under this section, including any
recommendations for future activities under such program.
(h) Funding.--Of the amounts authorized to be appropriated
by section 3101(a)(2) for defense nuclear nonproliferation
activities, $3,000,000 shall be available to carry out the
program established under this section.
SEC. 3114. ENHANCING NUCLEAR FORENSICS CAPABILITIES.
(a) Research and Development Plan for Nuclear Forensics and
Attribution.--
(1) Research and development.--The Secretary of Energy
shall prepare and implement a research and development plan
to improve nuclear forensics capabilities in the Department
of Energy and at the national laboratories overseen by the
Department of Energy. The plan shall focus on improving the
technical capabilities required--
[[Page 20921]]
(A) to enable a robust and timely nuclear forensic response
to a nuclear explosion or to the interdiction of nuclear
material or a nuclear weapon anywhere in the world; and
(B) to develop an international database that can attribute
nuclear material or a nuclear weapon to its source.
(2) Reports.--
(A) The Secretary of Energy shall submit to the
congressional defense committees--
(i) not later than 6 months after the date of the enactment
of this Act, a report on the contents of the research and
development plan described in paragraph (1), and any
legislative changes required to implement the plan; and
(ii) not later than 18 months after the date of the
enactment of this Act, a report on the status of implementing
the plan.
(B) The Secretary shall submit each report required by this
subsection in unclassified form, but may include a classified
annex with such report.
(b) Additional Information in the Report on Nuclear
Forensics Capabilities.--Section 3129(b) of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 122 Stat. 585) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) any legislative, regulatory, or treaty actions
necessary to facilitate international cooperation in
enhancement of international nuclear-material databases and
the linking of those databases to enable prompt access to
data.''.
(c) Presidential Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the President shall submit to the
appropriate committees of Congress a report on the
involvement of senior-level executive branch leadership in
nuclear terrorism preparedness exercises that include nuclear
forensics analysis.
(2) Appropriate committees of congress.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Appropriations, the Committee on Armed
Services, and the Committee on Homeland Security of the House
of Representatives; and
(B) the Committee on Appropriations, the Committee on Armed
Services, and the Committee on Homeland Security and
Governmental Affairs of the Senate.
SEC. 3115. UTILIZATION OF CONTRIBUTIONS TO INTERNATIONAL
NUCLEAR MATERIALS PROTECTION AND COOPERATION
PROGRAM AND RUSSIAN PLUTONIUM DISPOSITION
PROGRAM.
Section 3114 of the National Defense Authorization Act for
Fiscal Year 2007 (50 U.S.C. 2301 note) is amended--
(1) in the heading, by striking ``SECOND LINE OF DEFENSE
PROGRAM'' and inserting ``INTERNATIONAL NUCLEAR MATERIALS
PROTECTION AND COOPERATION PROGRAM AND RUSSIAN PLUTONIUM
DISPOSITION PROGRAM'';
(2) by striking ``Second Line of Defense program'' each
place it appears and inserting ``International Nuclear
Materials Protection and Cooperation program or Russian
Plutonium Disposition program''; and
(3) in subsection (f), by striking ``2013'' and inserting
``2015''.
SEC. 3116. REVIEW OF AND REPORTS ON GLOBAL INITIATIVES FOR
PROLIFERATION PREVENTION PROGRAM.
(a) Review of Program.--
(1) In general.--The Administrator for Nuclear Security
shall conduct a review of the Global Initiatives for
Proliferation Prevention program.
(2) Report required.--Not later than October 1, 2009, the
Administrator shall submit to the congressional defense
committees a report setting forth the results of the review
required under paragraph (1). The report shall include each
of the following:
(A) A description of the goals of the Global Initiatives
for Proliferation Prevention program and the criteria for
partnership projects under the program.
(B) Recommendations regarding the following:
(i) Whether to continue or bring to a close each of the
partnership projects under the program in existence on the
date of the enactment of this Act, and, if any such project
is recommended to be continued, a description of how that
project will meet the criteria under subparagraph (A).
(ii) Whether to enter into new partnership projects under
the program with Russia or other countries of the former
Soviet Union.
(iii) Whether to enter into new partnership projects under
the program in countries other than countries of the former
Soviet Union.
(C) A plan and criteria for completing partnership projects
under the program.
(b) Report on Funding for Projects Under Program.--
(1) In general.--The Administrator shall submit to the
congressional defense committees a report on--
(A) the purposes for which amounts made available for the
Global Initiatives for Proliferation Prevention program for
fiscal year 2009 will be obligated or expended; and
(B) the amount to be obligated or expended for each
partnership project under the program in fiscal year 2009.
(2) Limitation on funding before submittal of report.--None
of the amounts authorized to be appropriated for fiscal year
2009 by section 3101(a)(2) for defense nuclear
nonproliferation activities and available for the Global
Initiatives for Proliferation Prevention program may be
obligated or expended until the date that is 30 days after
the date on which the Administrator submits to the
congressional defense committees the report required under
paragraph (1).
SEC. 3117. LIMITATION ON AVAILABILITY OF FUNDS FOR GLOBAL
NUCLEAR ENERGY PARTNERSHIP.
(a) Limitation.--Of the amounts authorized to be
appropriated for fiscal year 2009 by section 3101(a)(2) for
defense nuclear nonproliferation activities, not more than
$3,000,000 may be used for projects that are specifically
designed for the Global Nuclear Energy Partnership. Any
amount so used may not be expended until 30 days after the
date on which the Administrator of the National Nuclear
Security Administration submits to Congress a report that
describes in detail the full amount of funding that the
Administrator plans to expend for any effort related to the
Global Nuclear Energy Partnership.
(b) Use of Funds.--Any amount made available pursuant to an
authorization of appropriations under section 3101(a)(2) that
is covered by the limitation under subsection (a) shall only
be available for nonproliferation risk assessments relating
to the Global Nuclear Energy Partnership and related work on
export control reviews and determinations.
Subtitle C--Reports
SEC. 3121. EXTENSION OF DEADLINE FOR COMPTROLLER GENERAL
REPORT ON DEPARTMENT OF ENERGY PROTECTIVE FORCE
MANAGEMENT.
Section 3124(a)(1) of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 580)
is amended by striking ``Not later than 180 days after the
date of the enactment of this Act,'' and inserting ``Not
later than March 1, 2009,''.
SEC. 3122. REPORT ON COMPLIANCE WITH DESIGN BASIS THREAT
ISSUED BY THE DEPARTMENT OF ENERGY IN 2005.
(a) In General.--Not later than January 2, 2009, the
Secretary of Energy shall submit to the congressional defense
committees a report setting forth the status of the
compliance of Department of Energy sites with the Design
Basis Threat issued by the Department in November 2005 (in
this section referred to as the ``2005 Design Basis
Threat'').
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) For each Department of Energy site subject to the 2005
Design Basis Threat, an assessment of whether the site has
achieved compliance with the 2005 Design Basis Threat.
(2) For each such site that has not achieved compliance
with the 2005 Design Basis Threat--
(A) a description of the reasons for the failure to achieve
compliance;
(B) a plan to achieve compliance;
(C) a description of the actions that will be taken to
mitigate any security shortfalls until compliance is
achieved; and
(D) an estimate of the annual funding requirements to
achieve compliance.
(3) A list of such sites with Category I nuclear materials
that the Secretary determines will not achieve compliance
with the 2005 Design Basis Threat.
(4) For each site identified under paragraph (3), a plan to
remove all Category I nuclear materials from such site,
including--
(A) a schedule for the removal of such nuclear materials
from such site;
(B) a clear description of the actions that will be taken
to ensure the security of such nuclear materials; and
(C) an estimate of the annual funding requirements to
remove such nuclear materials from such site.
(5) An assessment of the adequacy of the 2005 Design Basis
Threat in addressing security threats at Department of Energy
sites, and a description of any plans for updating,
modifying, or otherwise revising the approach taken by the
2005 Design Basis Threat to establish enhanced security
requirements for Department of Energy sites.
SEC. 3123. MODIFICATION OF SUBMITTAL OF REPORTS ON
INADVERTENT RELEASES OF RESTRICTED DATA.
(a) In General.--Section 4522 of the Atomic Energy Defense
Act (50 U.S.C. 2672) is amended--
(1) in subsection (e), by striking ``on a periodic basis''
and inserting ``in each even-numbered year''; and
(2) in subsection (f), by striking paragraph (2) and
inserting the following new paragraph (2):
``(2) The Secretary of Energy shall, in each even-numbered
year beginning in 2010, submit to the committees and
Assistant to the President specified in subsection (d) a
report identifying any inadvertent releases of Restricted
Data or Formerly Restricted Data under Executive Order No.
12958 discovered in the two-year period preceding the
submittal of the report.''.
[[Page 20922]]
(b) Technical Correction.--Subsection (e) of such section,
as amended by subsection (a)(1) of this section, is further
amended by striking ``subsection (b)(4)'' and inserting
``subsection (b)(5)''.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year
2009, $25,499,000 for the operation of the Defense Nuclear
Facilities Safety Board under chapter 21 of the Atomic Energy
Act of 1954 (42 U.S.C. 2286 et seq.).
TITLE XXXIV--NAVAL PETROLEUM RESERVE
Sec. 3401. Authorization of appropriations.
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) Amount.--There is hereby authorized to be appropriated
to the Secretary of Energy $19,099,000 for fiscal year 2009
for the purpose of carrying out activities under chapter 641
of title 10, United States Code, relating to the naval
petroleum reserves.
(b) Period of Availability.--Funds appropriated pursuant to
the authorization of appropriations in subsection (a) shall
remain available until expended.
TITLE XXXV--MARITIME ADMINISTRATION
Sec. 3501. Authorization of appropriations for fiscal year 2009.
Sec. 3502. Limitation on export of vessels owned by the Government of
the United States for the purpose of dismantling,
recycling, or scrapping.
Sec. 3503. Student incentive payment agreements.
Sec. 3504. Riding gang member requirements.
Sec. 3505. Maintenance and Repair Reimbursement Program for the
Maritime Security Fleet.
Sec. 3506. Temporary program authorizing contracts with adjunct
professors at the United States Merchant Marine Academy
and for other purposes.
Sec. 3507. Actions to address sexual harassment and violence at the
United States Merchant Marine Academy.
Sec. 3508. Assistance for small shipyards and maritime communities.
Sec. 3509. Marine war risk insurance.
Sec. 3510. MarAd consultation on Jones Act Waivers.
Sec. 3511. Transportation in American vessels of government personnel
and certain cargoes.
Sec. 3512. Port of Guam Improvement Enterprise Program.
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR
2009.
Funds are hereby authorized to be appropriated for fiscal
year 2009, to be available without fiscal year limitation if
so provided in appropriations Acts, for the use of the
Department of Transportation for the Maritime Administration
as follows:
(1) For expenses necessary for operations and training
activities, $142,803,000, of which--
(A) $79,858,000 shall remain available until expended for
expenses at the United States Merchant Marine Academy,
(B) $26,640,000 shall remain available until expended for
capital improvements at the United States Merchant Marine
Academy, and
(C) $10,987,000 shall remain available until expended for
maintenance and repair of school ships of the State Maritime
Academies.
(2) For expenses to maintain and preserve a United States-
flag merchant fleet to serve the national security needs of
the United States under chapter 531 of title 46, Unites
States Code, $193,500,000, of which $19,500,000 will be
available for costs associated with the maintenance
reimbursement pilot program under section 3517 of the
Maritime Security Act of 2003 (46 U.S.C. 53101 note).
(3) For expenses to dispose of obsolete vessels in the
National Defense Reserve Fleet, $18,000,000.
(4) For the cost (as defined in section 502(5) of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)) of loan
guarantees under the program authorized by chapter 537 of
title 46, United States Code, $30,000,000.
(5) For administrative expenses related to the
implementation of the loan guarantee program under chapter
537 of title 46, United States Code, administrative expenses
related to implementation of the reimbursement program under
section 3517 of the Maritime Security Act of 2003 (46 U.S.C.
53101 note), and administrative expenses related to the
implementation of the small shipyards and maritime
communities assistance program under section 54101 of title
46, United States Code, $6,000,000.
SEC. 3502. LIMITATION ON EXPORT OF VESSELS OWNED BY THE
GOVERNMENT OF THE UNITED STATES FOR THE PURPOSE
OF DISMANTLING, RECYCLING, OR SCRAPPING.
(a) In General.--Except as provided in subsection (b), no
vessel that is owned by the Government of the United States
shall be approved for export to a foreign country for
purposes of dismantling, recycling, or scrapping.
(b) Exception.--Subsection (a) shall not apply with respect
to a vessel if the Administrator of the Maritime
Administration certifies to the Committee on Armed Services
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate that--
(1) a compelling need for dismantling, recycling, or
scrapping the vessel exists;
(2) there is no available capacity in the United States to
conduct the dismantling, recycling, or scrapping of the
vessel;
(3) any dismantling, recycling, or scrapping of the vessel
in a foreign country will be conducted in full compliance
with environmental, safety, labor, and health requirements
for ship dismantling, recycling, or scrapping that are
equivalent to the laws of the United States; and
(4) the export of the vessel under this section will only
be for dismantling, recycling, or scrapping of the vessel.
(c) United States Defined.--In this section the term
``United States'' means the States of the United States,
Puerto Rico, and Guam.
SEC. 3503. STUDENT INCENTIVE PAYMENT AGREEMENTS.
Section 51509(b) of title 46, United States Code, is
amended--
(1) by striking ``$4,000'' and inserting ``$8,000'';
(2) by inserting ``tuition,'' after ``uniforms,''; and
(3) by inserting ``before the start of each academic year''
after ``and be paid''.
SEC. 3504. RIDING GANG MEMBER REQUIREMENTS.
Section 1018 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364;
120 Stat. 2380) is amended to read as follows:
``SEC. 1018. RIDING GANG MEMBER REQUIREMENTS.
``(a) In General.--The Secretary of Defense may not award,
renew, extend, or exercise an option to extend any charter of
a vessel documented under chapter 121 of title 46, United
States Code, for the Department of Defense, or any contract
for the carriage of cargo by a vessel documented under that
chapter for the Department of Defense, unless the charter or
contract, respectively, includes provisions that--
``(1) subject to paragraph (2), allow riding gang members
to perform work on the vessel during the effective period of
the charter or contract only under terms, conditions,
restrictions, and requirements as provided in section 8106 of
title 46, United States Code; and
``(2) require that riding gang members hold a merchant
mariner's document issued under chapter 73 of title 46,
United States Code, or a transportation security card issued
under section 70105 of such title.
``(b) Exemption.--
``(1) In general.--In accordance with regulations issued by
the Secretary of Defense, an individual shall not be treated
as a riding gang member for the purposes of section 8106 of
title 46, United States Code, and this section if--
``(A) the individual is aboard a vessel that is under
charter or contract for the carriage of cargo for the
Department of Defense, for purposes other than engaging in
the operation or maintenance of the vessel; and
``(B) the individual--
``(i) accompanies, supervises, guards, or maintains unit
equipment aboard a ship, commonly referred to as supercargo
personnel;
``(ii) is one of the force protection personnel of the
vessel;
``(iii) is a specialized repair technician; or
``(iv) is otherwise required by the Secretary of Defense to
be aboard the vessel.
``(2) Background check.--
``(A) In general.--This section shall not apply to an
individual unless--
``(i) the name and other necessary identifying information
for the individual is submitted to the Secretary for a
background check; and
``(ii) except as provided in subparagraph (B), the
individual successfully passes a background check by the
Secretary prior to going aboard the vessel.
``(B) Waiver.--The Secretary may waive the application of
subparagraph (A)(ii) for an individual who holds a merchant
mariner's document issued under chapter 73 of title 46,
United States Code, or a transportation security card issued
under section 70105 of such title.
``(3) Exempted individual not treated as in addition to the
crew.--An individual who, under paragraph (1), is not treated
as a riding gang member shall not be counted as an individual
in addition to the crew for the purposes of section 3304 of
title 46, United States Code.''.
SEC. 3505. MAINTENANCE AND REPAIR REIMBURSEMENT PROGRAM FOR
THE MARITIME SECURITY FLEET.
Section 3517(a) of the Maritime Security Act of 2003 (46
U.S.C. 53101 note; as amended by section 3503 of the National
Defense Authorization Act for Fiscal Year 2006 (119 Stat.
3548)) is amended by adding at the end the following:
``(3) Existing operating agreements.--The Secretary of
Transportation shall, subject to the availability of
appropriations, seek to enter into an agreement under this
section with one or more contractors under
[[Page 20923]]
an operating agreement under that chapter that is in effect
on the date of the enactment of this paragraph, regarding
maintenance and repair of all vessels that are subject to the
operating agreement.''.
SEC. 3506. TEMPORARY PROGRAM AUTHORIZING CONTRACTS WITH
ADJUNCT PROFESSORS AT THE UNITED STATES
MERCHANT MARINE ACADEMY AND FOR OTHER PURPOSES.
(a) In General.--The Maritime Administrator may establish a
temporary program for the purpose of, subject to the
availability of appropriations, contracting with individuals
as personal services contractors to provide services as
adjunct professors at the Academy, if the Maritime
Administrator determines that there is a need for adjunct
professors and the need is not of permanent duration.
(b) Contract Requirements.--Each contract under the
program--
(1) must be approved by the Maritime Administrator;
(2) subject to paragraph (3), shall be for a duration,
including options, of not to exceed one year unless the
Maritime Administrator finds that exceptional circumstances
justify an extension of up to one additional year; and
(3) shall terminate not later than 6 months after the
termination of contract authority under subsection (d).
(c) Limitation on Number of Contractors.--In awarding
contacts under the program, the Maritime Administrator shall
ensure that not more than 25 individuals actively provide
services in any one academic trimester, or equivalent, as
contractors under the program.
(d) Termination of Contracting Authority.--The authority to
award contracts under the program shall terminate upon the
end of the academic year 2008-2009.
(e) Existing Contracts.--Any contract entered into before
the effective date of this section for the services of an
adjunct professor at the Academy shall remain in effect for
the trimester (or trimesters) for which the services were
contracted.
(f) Definitions.--In this section:
(1) Academy.--The term ``Academy'' means the United States
Merchant Marine Academy.
(2) Maritime administrator.--The term ``Maritime
Administrator'' means the Administrator of the Maritime
Administration, or a designee of the Administrator.
(3) Program.--The term ``program'' means the program
established under subsection (a).
(g) Gifts to the Academy.--
(1) In general.--Chapter 513 of title 46, United States
Code, is amended by adding at the end thereof the following:
``Sec. 51315. Gifts to the Merchant Marine Academy
``(a) In General.--The Maritime Administrator may accept
and use conditional or unconditional gifts of money or
property for the benefit of the United States Merchant Marine
Academy, including acceptance and use for non-appropriated
fund instrumentalities of the Merchant Marine Academy. The
Maritime Administrator may accept a gift of services in
carrying out the Administrator's duties and powers. Property
accepted under this section and proceeds from that property
must be used, as nearly as possible, in accordance with the
terms of the gift.
``(b) Establishment of Academy Gift Fund.--There is
established in the Treasury a fund, to be known as the
`Academy Gift Fund'. Disbursements from the Fund shall be
made on order of the Maritime Administrator. Unless otherwise
specified by the terms of the gift, the Maritime
Administrator may use monies in the Fund for appropriated or
non-appropriated purposes at the Academy. The Fund consists
of--
``(1) gifts of money;
``(2) income from donated property accepted under this
section;
``(3) proceeds from the sale of donated property; and
``(4) income from securities under subsection (c) of this
section.
``(c) Investment of Fund Balances.--On request of the
Maritime Administrator, the Secretary of the Treasury may
invest and reinvest amounts in the Fund in securities of, or
in securities the principal and interest of which is
guaranteed by, the United States Government.
``(d) Disbursement Authority.--There are hereby authorized
to be disbursed from the Fund such sums as may be on deposit,
to remain available until expended.
``(e) Deductibility of Gifts.--Gifts accepted under this
section are a gift to or for the use of the Government under
the Internal Revenue Code of 1986.''.
(2) Conforming amendment.--The chapter analysis for chapter
513 of title 46, United States Code, is amended by adding at
the end the following:
``51315. Gifts to the Merchant Marine Academy.''.
(h) Temporary Appointments to the Academy.--
(1) In general.--Chapter 513 of title 46, United States
Code, as amended by section 3513 of this Act, is further
amended by adding at the end thereof the following:
``Sec. 51316. Temporary appointments to the Academy
``Notwithstanding any other provision of law, the Maritime
Administrator may appoint any present employee of the United
States Merchant Marine Academy non-appropriated fund
instrumentality to a position on the General Schedule of
comparable pay. Eligible personnel shall be engaged in work
permissibly funded by annual appropriations, and such
appointments to the Civil Service shall be without regard to
competition, for a term not to exceed 2 years.''.
(2) Conforming amendment.--The chapter analysis for chapter
513 of title 46, United States Code, as amended by section
3513 of this Act, is further amended by adding at the end the
following:
``51316. Temporary appointments to the Academy.''.
SEC. 3507. ACTIONS TO ADDRESS SEXUAL HARASSMENT AND VIOLENCE
AT THE UNITED STATES MERCHANT MARINE ACADEMY.
(a) Required Policy.--The Secretary of Transportation shall
direct the Superintendent of the United States Merchant
Marine Academy to prescribe a policy on sexual harassment and
sexual violence applicable to the cadets and other personnel
of the Academy.
(b) Matters To Be Specified in Policy.--The policy on
sexual harassment and sexual violence prescribed under this
section shall include--
(1) a program to promote awareness of the incidence of
rape, acquaintance rape, and other sexual offenses of a
criminal nature that involve cadets or other Academy
personnel;
(2) procedures that a cadet should follow in the case of an
occurrence of sexual harassment or sexual violence,
including--
(A) a specification of the person or persons to whom an
alleged occurrence of sexual harassment or sexual violence
should be reported by a cadet and the options for
confidential reporting;
(B) a specification of any other person whom the victim
should contact; and
(C) procedures on the preservation of evidence potentially
necessary for proof of criminal sexual assault;
(3) a procedure for disciplinary action in cases of alleged
criminal sexual assault involving a cadet or other Academy
personnel;
(4) any other sanction authorized to be imposed in a
substantiated case of sexual harassment or sexual violence
involving a cadet or other Academy personnel in rape,
acquaintance rape, or any other criminal sexual offense,
whether forcible or nonforcible; and
(5) required training on the policy for all cadets and
other Academy personnel, including the specific training
required for personnel who process allegations of sexual
harassment or sexual violence involving Academy personnel.
(c) Annual Assessment.--
(1) The Secretary shall direct the Superintendent to
conduct an assessment at the Academy during each Academy
program year, to be administered by the Department of
Transportation, to determine the effectiveness of the
policies, training, and procedures of the Academy with
respect to sexual harassment and sexual violence involving
Academy personnel.
(2) For the assessment at the Academy under paragraph (1)
with respect to an Academy program year that begins in an
odd-numbered calendar year, the Superintendent shall conduct
a survey, to be administered by the Department, of Academy
personnel--
(A) to measure--
(i) the incidence, during that program year, of sexual
harassment and sexual violence events, on or off the Academy
reservation, that have been reported to officials of the
Academy; and
(ii) the incidence, during that program year, of sexual
harassment and sexual violence events, on or off the Academy
reservation, that have not been reported to officials of the
Academy; and
(B) to assess the perceptions of Academy personnel of--
(i) the policies, training, and procedures on sexual
harassment and sexual violence involving Academy personnel;
(ii) the enforcement of such policies;
(iii) the incidence of sexual harassment and sexual
violence involving Academy personnel; and
(iv) any other issues relating to sexual harassment and
sexual violence involving Academy personnel.
(d) Annual Report.--
(1) The Secretary shall direct the Superintendent of the
Academy to submit to the Secretary a report on sexual
harassment and sexual violence involving cadets or other
personnel at the Academy for each Academy program year.
(2) Each report under paragraph (1) shall include, for the
Academy program year covered by the report, the following:
(A) The number of sexual assaults, rapes, and other sexual
offenses involving cadets or other Academy personnel that
have been reported to Academy officials during the program
year and, of those reported cases, the number that have been
substantiated.
(B) The policies, procedures, and processes implemented by
the Superintendent and the leadership of the Academy in
response to sexual harassment and sexual violence involving
cadets or other Academy personnel during the program year.
[[Page 20924]]
(C) A plan for the actions that are to be taken in the
following Academy program year regarding prevention of and
response to sexual harassment and sexual violence involving
cadets or other Academy personnel.
(3) Each report under paragraph (1) for an Academy program
year that begins in an odd-numbered calendar year shall
include the results of the survey conducted in that program
year under subsection (c)(2).
(4)(A) The Superintendent shall transmit to the Secretary,
and to the Board of Visitors of the Academy, each report
received by the Superintendent under this subsection,
together with the Superintendent's comments on the report.
(B) The Secretary shall transmit each such report, together
with the Secretary's comments on the report, to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and
Infrastructure.
SEC. 3508. ASSISTANCE FOR SMALL SHIPYARDS AND MARITIME
COMMUNITIES.
(a) In General.--Title 46, United States Code, is amended
by inserting the following new chapter after chapter 539:
``CHAPTER 541--MISCELLANEOUS
``Sec.
``54101. Assistance for small shipyards and maritime communities
``Sec. 54101. Assistance for small shipyards and maritime
communities
``(a) Establishment of Program.--Subject to the
availability of appropriations, the Administrator of the
Maritime Administration shall execute agreements with
shipyards to provide assistance--
``(1) in the form of grants, loans, and loan guarantees to
small shipyards for capital improvements; and
``(2) for maritime training programs to foster technical
skills and operational productivity in communities whose
economies are related to or dependent upon the maritime
industry.
``(b) Awards.--In providing assistance under the program,
the Administrator shall--
``(1) take into account--
``(A) the economic circumstances and conditions of maritime
communities;
``(B) projects that would be effective in fostering
efficiency, competitive operations, and quality ship
construction, repair, and reconfiguration; and
``(C) projects that would be effective in fostering
employee skills and enhancing productivity; and
``(2) make grants within 120 days after the date of
enactment of the appropriations Act for the fiscal year
concerned.
``(c) Use of Funds.--
``(1) In general.--Assistance provided under this section
may be used--
``(A) to make capital and related improvements in small
shipyards located in or near maritime communities;
``(B) to provide training for workers in communities whose
economies are related to the maritime industry; and
``(C) for such other purposes as the Administrator
determines to be consistent with and supplemental to such
activities.
``(2) Administrative costs.--Not more than 2 percent of
amounts made available to carry out the program may be used
for the necessary costs of grant administration.
``(d) Prohibited Uses.--Grants awarded under this section
may not be used to construct buildings or other physical
facilities or to acquire land unless such use is specifically
approved by the Administrator in support of subsection
(c)(1)(C).
``(e) Matching Requirements; Allocation.--
``(1) Federal funding.--Except as provided in paragraph
(2), Federal funds for any eligible project under this
section shall not exceed 75 percent of the total cost of such
project.
``(2) Exception.--If the Administrator determines that a
proposed project merits support and cannot be undertaken
without a higher percentage of Federal financial assistance,
the Administrator may award a grant for such project with a
lesser matching requirement than is described in paragraph
(1).
``(3) Allocation of funds.--The Administrator may not award
more than 25 percent of the funds appropriated to carry out
this section for any fiscal year to any small shipyard in one
geographic location that has more than 600 employees.
``(f) Applications.--
``(1) In general.--To be eligible for assistance under this
section, an applicant shall submit an application, in such
form, and containing such information and assurances as the
Administrator may require, within 60 days after the date of
enactment of the appropriations Act for the fiscal year
concerned.
``(2) Minimum standards for payment or reimbursement.--Each
application submitted under paragraph (1) shall include--
``(A) a comprehensive description of--
``(i) the need for the project;
``(ii) the methodology for implementing the project; and
``(iii) any existing programs or arrangements that can be
used to supplement or leverage assistance under the program.
``(3) Procedural safeguards.--The Administrator, in
consultation with the Office of the Inspector General, shall
issue guidelines to establish appropriate accounting,
reporting, and review procedures to ensure that--
``(A) grant funds are used for the purposes for which they
were made available;
``(B) grantees have properly accounted for all expenditures
of grant funds; and
``(C) grant funds not used for such purposes and amounts
not obligated or expended are returned.
``(4) Project approval required.--The Administrator may not
award a grant under this section unless the Administrator
determines that--
``(A) sufficient funding is available to meet the matching
requirements of subsection (e);
``(B) the project will be completed without unreasonable
delay; and
``(C) the recipient has authority to carry out the proposed
project.
``(g) Audits and Examinations.--All grantees under this
section shall maintain such records as the Administrator may
require and make such records available for review and audit
by the Administrator.
``(h) Small Shipyard Defined.--In this section, the term
`small shipyard' means a shipyard facility in one geographic
location that does not have more than 1,200 employees.
``(i) Authorization of Appropriations.--There are
authorized to be appropriated to the Administrator of the
Maritime Administration for each of fiscal years 2009 through
2013 to carry out this section--
``(1) $5,000,000 for training grants; and
``(2) $25,000,000 for capital and related improvements.''.
(b) Conforming Amendment.--Section 3506 of the National
Defense Authorization Act for Fiscal Year 2006 (46 U.S.C.
53101 note) is repealed.
SEC. 3509. MARINE WAR RISK INSURANCE.
Section 53912 of title 46, United States Code, is amended
by striking ``December 31, 2010.'' and inserting ``December
31, 2015.''.
SEC. 3510. MARAD CONSULTATION ON JONES ACT WAIVERS.
Section 501(b) of title 46, United States Code, is amended
to read as follows:
``(b) By Head of Agency.--When the head of an agency
responsible for the administration of the navigation or
vessel-inspection laws considers it necessary in the interest
of national defense, the individual, following a
determination by the Maritime Administrator, acting in the
Administrator's capacity as Director, National Shipping
Authority, of the non-availability of qualified United States
flag capacity to meet national defense requirements, may
waive compliance with those laws to the extent, in the
manner, and on the terms the individual, in consultation with
the Administrator, acting in that capacity, prescribes.''.
SEC. 3511. TRANSPORTATION IN AMERICAN VESSELS OF GOVERNMENT
PERSONNEL AND CERTAIN CARGOES.
(a) In General.--Section 55305(b) of title 46, United
States Code, is amended--
(1) by striking ``country'' and inserting ``country,
organization, or persons'';
(2) by inserting ``or obtaining'' after ``furnishing''; and
(3) by striking ``commodities,'' the first place it appears
and inserting ``commodities, or provides financing in any way
with Federal funds for the account of any persons unless
otherwise exempted,''.
(b) Other Agencies.--Section 55305(d) of title 46, United
States Code, is amended to read as follows:
``(d) Programs of Other Agencies.--
``(1) Each department or agency that has responsibility for
a program under this section shall administer that program
with respect to this section under regulations and guidance
issued by the Secretary of Transportation. The Secretary,
after consulting with the department or agency or
organization or person involved, shall have the sole
responsibility for determining if a program is subject to the
requirements of this section.
``(2) The Secretary--
``(A) shall conduct an annual review of the administration
of programs determined pursuant to paragraph (1) as subject
to the requirements of this section;
``(B) may direct agencies to require the transportation on
United States-flagged vessels of cargo shipments not
otherwise subject to this section in equivalent amounts to
cargo determined to have been shipped on foreign carriers in
violation of this section;
``(C) may impose on any person that violates this section,
or a regulation prescribed under this section, a civil
penalty of not more than $25,000 for each violation willfully
and knowingly committed, with each day of a continuing
violation following the date of shipment to be a separate
violation; and
``(D) may take other measures as appropriate under the
Federal Acquisition Regulations issued pursuant to section
25(c)(1) of the Office of Federal Procurement Policy Act (41
U.S.C. 421(c)(1) or contract with respect to each
violation.''.
(c) Regulations.--The Secretary of Transportation shall
prescribe such rules as are necessary to carry out section
55305(d) of title 46, United States Code. The Secretary may
prescribe interim rules necessary to carry out section
55305(d) of such title. An
[[Page 20925]]
interim rule prescribed under this subsection shall remain in
effect until superseded by a final rule.
(d) Change of Year.--Section 55314(a) of title 46, United
States Code, is amended by striking ``calendar'' each place
it appears and inserting ``fiscal''.
SEC. 3512. PORT OF GUAM IMPROVEMENT ENTERPRISE PROGRAM.
(a) In General.--The Secretary of Transportation, acting
through the Administrator of the Maritime Administration (in
this section referred to as the ``Administrator''), may
establish a Port of Guam Improvement Enterprise Program (in
this section referred to as the ``Program'') to provide for
the planning, design, and construction of projects for the
Port of Guam to improve facilities, relieve port congestion,
and provide greater access to port facilities.
(b) Authorities of the Administrator.--In carrying out the
Program, the Administrator may--
(1) receive funds provided for the Program from Federal and
non-Federal entities, including private entities;
(2) provide for coordination among appropriate governmental
agencies to expedite the review process under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for
projects carried out under the Program;
(3) provide for coordination among appropriate governmental
agencies in connection with other reviews and requirements
applicable to projects carried out under the Program; and
(4) provide technical assistance to the Port Authority of
Guam (and its agents) as needed for projects carried out
under the Program.
(c) Port of Guam Improvement Enterprise Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a separate account to be known as the
``Port of Guam Improvement Enterprise Fund'' (in this section
referred to as the ``Fund'').
(2) Deposits.--There shall be deposited into the Fund--
(A) amounts received by the Administrator from Federal and
non-Federal sources under subsection (b)(1);
(B) amounts transferred to the Administrator under
subsection (d); and
(C) amounts appropriated to carry out this section under
subsection (f).
(3) Use of amounts.--Amounts in the Fund shall be available
to the Administrator to carry out the Program.
(4) Administrative expenses.--Not to exceed 3 percent of
the amounts appropriated to the Fund for a fiscal year may be
used for administrative expenses of the Administrator.
(5) Availability of amounts.--Amounts in the Fund shall
remain available until expended.
(d) Transfers of Amounts.--Amounts appropriated or
otherwise made available for any fiscal year for an
intermodal or marine facility comprising a component of the
Program shall be transferred to and administered by the
Administrator.
(e) Limitation.--Nothing in this section shall be construed
to authorize amounts made available under section 215 of
title 23, United States Code, or any other amounts made
available for the construction of highways or amounts
otherwise not eligible for making port improvements to be
deposited into the Fund.
(f) Authorization of Appropriations.--There are authorized
to be appropriated to the Fund such sums as may be necessary
to carry out this section.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Missouri (Mr. Skelton) and the gentleman from California (Mr. Hunter)
each will control 20 minutes.
The Chair recognizes the gentleman from Missouri.
General Leave
Mr. SKELTON. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days within which to revise and extend their remarks
on the resolution under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Missouri?
There was no objection.
Mr. SKELTON. Mr. Speaker, I yield myself such time as I might
consume.
Mr. Speaker, I am very proud to bring the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 to the floor today for
approval by the House.
This bill represents a final agreement reached with the Senate, and I
believe it can pass the Senate, which is critical, of course. The
troops and their families need these authorities by September 30.
It's important to note this agreement was reached in a very short
period of time. While the House finished its work back in May, the
Senate approved its version of the bill just one week ago today.
The two Armed Services Committees have been working overtime ever
since, and as a result we have not been able to provide all of the
notice and time for examination of the bill that we normally would. I
regret that fact. But I can assure the House that we observed all of
the long-standing traditions of fairness and bipartisanship this
committee is known for.
My good friend, Duncan Hunter, and his team of members and his staff
have been involved in every step of this process, and we have also
worked hard to consult with the outside committees on the issues that
are within their jurisdiction. We also placed the completed bill and
report language on our Web site as soon as it was done last evening.
This is a good bill. It authorizes $531.4 billion for the Department
of Defense and the national security programs of the Department of
Energy. It also authorizes $68.6 billion to support ongoing military
operations in Iraq and Afghanistan during fiscal year 2009, a similar
amount to that which passed the House in May.
To restore readiness, this agreement provides $8.6 billion for the
Army and $1.8 billion for the Marine Corps to repair and replace
equipment. This agreement also provides $800 million for National Guard
and Reserve equipment. To help manage demands placed on our
servicemembers by our military obligations, the agreement increases the
size of the military by 7,000 soldiers, 5,000 marines, over 1,000
sailors and 450 airmen.
To improve the quality of life for our forces and their families, the
agreement provides a 3.9 percent pay raise for the troops, which is .5
percent more than the President's budget request. The agreement also
preserves important health care benefits by prohibiting fee increases
in TRICARE and the TRICARE pharmacy program and creating new preventive
health care initiatives to improve the readiness of our force.
Finally, I would like to say a word about the person for whom this
bill is named, as well as for others who helped us get the bill done
under an extraordinary time frame. Duncan Hunter has been a tireless
advocate for the troops and a great partner, as well as a personal
friend to me. The Armed Services Committee will miss him. I think it's
deeply appropriate that we name this bill for him.
I also want to thank all the members of the Armed Services Committee,
particularly the subcommittee chairmen and the ranking members.
Finally, I wish to thank the bipartisan staff, fantastic staff, they
couldn't be better. Our committee has been blessed with such a staff,
and they have worked tirelessly to help get this bill negotiated and
completed. It is an excellent bill. It's urgently needed by our
military, and I urge my colleagues in the House, as well as in the
Senate, to vote for the National Defense Authorization Act for Fiscal
Year 2009, which is named for and in honor of Duncan Hunter, the
ranking member, former chairman of this committee.
Mr. Speaker, I reserve the balance of my time.
Mr. HUNTER. Mr. Speaker, I yield myself such time as I might consume.
To my great friend, Ike Skelton, and all my colleagues on the Armed
Services Committee, it is an undeserved honor, but I want to thank you
for the wonderful job that you have all done in putting this bill
together.
This bill would not be, with all of the exigencies that we have had,
and all of the difficulties in the other body to get their bill up,
this bill would not be before this body now if it wasn't for the
leadership of Ike Skelton.
There are a lot of military institutions in Missouri and around this
country which teach members of the uniformed services leadership, but
there is another institution which exhibits leadership every day, as
chairman of this committee, and that's our chairman, Ike Skelton.
{time} 1030
Ike worked this thing through a difficult period of time, with the
emergencies that are emanating right now in the Capitol and the major
economic
[[Page 20926]]
emergency which is distracting lots of folks who otherwise could be
working on this bill. Time schedules have been extremely difficult, and
Ike Skelton, in his quiet way with his quiet leadership and his
corporate understanding, he is the main body of history for the Armed
Services Committee. He is the guy who remembers not only what happened
in this committee 10 and 20 and 30 and 40 years ago, but also what
happened in the wars that this Nation fought and what happened in that
institution across the river known as the Pentagon. And being able to
recall that history at important times in our deliberative processes is
a great, great asset to this Nation. Ike, I want to congratulate you.
This is your bill. It may have my name on it, but this is your bill.
You brought this thing through to the House floor in the most difficult
circumstances. Not only that, it is a wonderful bill.
The chairman has talked a lot about the details of the bill. This is
an authorization of $531.4 billion. It does authorize a $68.6 billion
bridge fund; a bridge fund, I might add, that was an initiative of the
Armed Services Committee several years ago.
We looked at our troops in Afghanistan and Iraq and said they are
going to have to have the equipment and the resources during the later
months in the calendar year before that spring supplemental arrives,
and we came up with the bridge fund. The President followed our lead.
The appropriators have followed our lead, and it has been an excellent
vehicle allowing us to maintain in these warfighting theaters while we
are waiting for the next funding vehicle. My congratulations to Ike for
that.
We do have a good pay raise for the members of the armed services, a
3.9 percent pay raise. You know, this bill does several other things,
and I will speak generally about them. It leverages American strengths.
It leverages American strengths by continuing to keep the line warm,
for example, on F-22 which is a key weapon system because it is a
weapon system with the capability to penetrate air defenses that are
here today and which may be here tomorrow. It leverages two great
American innovations: stealth and precision weapons.
I would urge all of my colleagues as we go into this very difficult,
very dangerous era for the United States, to continue to put pressure
on and to produce American leverage. And stealth and precision
technology are two of those items of technology, as is undersea
technology. And we are moving toward an acceleration of the submarine
program in this bill. That is very critical.
One disappointment I have is we are not doing enough in space. I
would just say to my colleagues that the shooting down of a satellite
by China this last year heralded a new era of military competition in
space with China whether we like it or not. When you are in a military
competition, there is only one alternative and that is to win. So I
would urge this committee to continue in the years ahead to build a
capability in space to make sure that we maintain all of the
institutions and the apparatus that we need there to make sure that our
military operates effectively here and that our economy operates
effectively here.
Also in the area of missile defense, we are moving ahead to try to
establish a missile defense capability in Europe that would handle
through that throat of approach out of an Iranian missile launch that
might take place 5 years or 10 years or 15 years from now, or perhaps
even earlier. That is an important item because that brings the
partnership, the NATO-plus partnership of the newly freed captive
nations, but also the NATO membership, along with us in what is
sometimes a difficult path, an expensive path, but nonetheless a
necessary path to defend the world in this new era of missiles.
Mr. Speaker, there are a lot of excellent items in this bill. In the
end they all go down to and reflect on and focus on the most important
warfighting leverage that the United States have, and that is the men
and women of this country who wear the uniform of the United States.
I just want to commend my colleagues for the wonderful job that they
have done in making sure that the men and women of the United States
have the right equipment and the right incentives and good pay and good
quality of life for their families such that when I was in a recruiting
office the other day, and no I wasn't signing up, but when I was in one
of the old Army recruiting offices in good old San Diego, the one
shortage that they had, the one specialty, military occupational
specialty that they had which was not available because too many people
had subscribed for it and too many people had signed up for it was
infantry.
And I thought in these dangerous theaters of Iraq and Afghanistan,
the idea that we have more people than we need signing up for the
United States infantry is a reflection largely on this committee.
We have two Members who are retiring, the great Mr. Everett of
Alabama and the great Mr. Saxton of New Jersey. Mr. Udall is moving on
to another race, and we wish him well in his endeavors. But those two
gentlemen are retiring.
Terry Everett has done more good for this country behind closed doors
than a lot of folks have done with lots of press conferences and lots
of pronouncements. The quiet man. I know that Mrs. Tauscher held a nice
going-away party for Mr. Everett that I thought was well-deserved. He
is a quiet man who has done so much for this country behind closed
doors and is such a valuable asset to the United States.
And Mr. Saxton, who years before the war against terror started was
the chairman of the Task Force on Terrorism here in the House who did
lots of research and did lots of prediction that this would be the
conflict and the challenge of this new era.
Jimmy Saxton is owed a debt of gratitude by everybody who wears those
special forces uniforms around the world. Whether they are Seals or
Army Rangers or Green Berets, Jimmy Saxton has devoted many years to
making sure that they have gotten what they need. What a wonderful
member of this committee he has been.
It is with a little touch of sadness that I am here on this last bill
that I am going to be involved in with this undeserved honor of having
my name on this bill, which is a case of more generosity than was
deserved by the chairman and the members, but it has been an honor to
serve on this committee. It is a wonderful bipartisan committee,
probably the most bipartisan in the House of Representatives, always
with our focus on the security of the United States, even in difficult
economic times like these. This committee has a very excellent focus on
what is important to keep that number one requirement, that number one
Constitutional mandate on government, and that is our first obligation
is to protect our people. This committee does a great job.
I reserve the balance of my time.
Mr. SKELTON. I yield 2 minutes to my friend, the chairman of the
Subcommittee on Readiness, the gentleman from Texas (Mr. Ortiz).
Mr. ORTIZ. Mr. Speaker, I thank the chairman.
I rise in support of this bill before us today. I would like to thank
Chairman Skelton and of course my good friend, Ranking Member Duncan
Hunter. I value his friendship. We have traveled many places around the
world visiting our troops and looking at their needs. Thank you for
your leadership, and I value your friendship, Duncan.
Mr. HUNTER. If the gentleman would yield.
Mr. ORTIZ. I yield.
Mr. HUNTER. I thank the gentleman. I remember being with him when the
82nd Airborne jumped into Honduras, when the Sandinistas came across
the border, and I remember the press conference that was held after
that. The gentleman's statements were so inspiring, I have never
forgotten them. We have been in many parts of the world, the last time
up on the DMZ watching the North Koreans. The gentleman has been a real
leader in this committee, and I really appreciate it.
Mr. ORTIZ. I thank the gentleman.
I also want to thank the gentleman from Virginia (Mr. Forbes) for his
help
[[Page 20927]]
in bringing together this excellent bill. And I would like to thank my
staff because they did a heck of a good job meeting with Senate staff
and many other committees before bringing this bill to the House floor.
I am proud to say this bill focuses on restoring the readiness of our
military. However, there is much work to be done. Significant
investments will need to be made in the upcoming years by Congress and
the next administration or we will risk breaking our forces.
This bill continues the work of the Armed Services Committee to
restore readiness by authorizing $154 billion for operations,
maintenance and training, and $25 billion for military construction.
And $8.6 billion for the Army and $1.8 billion for the Marine Corps was
authorized for the repair and replacement of equipment.
To address depot workloads following equipment reset, the bill
requires the Department of Defense to contract for an independent
assessment of the depot capability that will be needed in the future.
The bill takes positive steps to restrain the Department of Defense's
increased reliance on the use of contractors to perform critical
functions, including development of a single definition of ``inherently
governmental,'' development of policies on personal conflicts of
interest, and limits on personal service contracts.
We continue to take steps to look out for our deployed civilian
employees by lifting limits on premium pay and allowing them to
voluntarily sign up for additional life insurance.
But I am concerned that the bill does not address the Department of
Defense's aggressive use of public-private competitions.
I ask my colleagues to support this bill. It is a very good bill.
Mr. HUNTER. I yield 2 minutes to the gentleman from Alabama, a very
distinguished gentleman, Mr. Everett.
Mr. EVERETT. I thank my good friend, Mr. Hunter, for yielding to me,
and thank him for his friendship, his counsel, and his undeserved kind
words about me. He has been a tireless advocate for our men and women
in uniform, and this bill fittingly bears his name.
I want to congratulate the gentleman from Missouri (Mr. Skelton) and
the gentlewoman from California (Mrs. Tauscher). She has shown great
thought, candor and leadership in guiding the Strategic Forces
Subcommittee forward.
I want to rise in strong support of this bill. This is a good bill.
It provides vital resources for our armed forces, and strengthens our
Nation's strategic forces. Our committee has worked well and worked
together in a bipartisan, bicameral manner to produce this important
legislation.
I am pleased that it restores $124 million for the European missile
defense sites, and modifies conditions that would allow construction to
begin.
Since May, both the Czech Republic and Poland have signed missile
defense agreement. Iran continues to test longer-range missiles and
ignore questions about their nuclear program.
The efforts reflects a shared commitment to our collective security.
Therefore, I want to personally commend the Czech and Polish
governments and encourage swift ratification of the agreements.
Mr. Speaker, I would be remiss if I did not recognize my fellow
subcommittee members on both sides of the aisle and their staffs. We
tackled complex issues such as space, missile defense and nuclear
weapons, and do such with openness, diligence and professionalism.
Let me finish with this troubling statistic. China graduated 500,000
engineers. India graduated 200,000 engineers, and the United States
graduated 70,000. We have some serious challenges ahead of us to
maintain our technical leadership in space.
I would like my complete statement put in the Record.
Mr. Speaker, I thank my good friend, Mr. Hunter for yielding to me,
and thank him for his friendship and counsel. Mr. Hunter has been a
tireless advocate for our men and women in uniform and it is fitting
for this defense bill to bear his name.
I also want to recognize and congratulate the gentleman from
Missouri, Mr. Skelton, and especially the gentlewoman from California,
Mrs. Tauscher.
She has shown great thought, candor, and leadership in guiding the
Strategic Forces subcommittee forward.
I rise in support of the Ducan Hunter Fiscal Year 2009 National
Defense Authorization Act.
This is a good bill that provides vital resources for our armed
forces, and strengthens our nation's strategic forces.
Our committee has worked together in a bi-partisan, bicameral manner
to produce this important national security legislation.
This bill makes some noteworthy improvements over the version passed
by the House in May.
I am pleased that it restores $124 million for the European missile
defense sites, and modifies conditions that would allow construction to
begin.
Since May, both the Czech Republic and Poland have signed missile
defense agreements. Iran continues to test longer-range missiles and
ignore questions about its nuclear program.
These efforts reflect a shared commitment to our collective security.
Therefore, I want to personally commend the Czech and Polish
governments, and encourage swift ratification of the agreements.
We continue to endorse the development and fielding of near-term
missile defense capabilities. The bill--
Increases Aegis Ballistic Missile Defense and THAAD by $120 million;
and
Authorizes Ground-based Midcourse Defense (GMD) at the budget
request.
The bill also restores some funds to key future capabilities,
specifically Airborne Laser, K-E-I and the Multiple Kill Vehicle.
I am disappointed that an independent study to examine the
feasibility of space-based interceptors was not included in the
agreement. With other nation's antisatellite pursuits and missile
threats becoming more sophisticated, I felt it was time to study the
viability of such technology.
I remain concerned about the Department's performance in its missile
defense testing and targets program.
I am, however, committed to working with them to ensure the
conditions for success are in place, so we can build greater confidence
in our defense capabilities.
In the area of military space, the bill funds key space modernization
programs such as SBIRS, G-P-S-III, W-G-S, and T-SAT. We included a
provision that requires the Secretary of Defense and the Director of
National Intelligence to review our communications bandwidth
requirements--to ensure we have the capabilities in place to support
our future weapons systems.
Within the area of atomic energy defense activities, the bill
reflects broad bipartisan agreement. The bill--
Adds funds for key nuclear surety and weapons surveillance
activities;
Establishes a nonproliferation scholarship program for college
students; and
Directs an assessment of how to increase the security of nuclear
weapons around the world.
We also emphasize that the Department of Defense should pay greater
attention to nuclear weapons matters, particularly in light of recent
nuclear mishaps.
The next administration will be faced with tough decisions about our
Nation's aging nuclear infrastructure, weapons systems, and workforce.
I was disappointed that we did not fund the Reliable Replacement
Warhead Phase 2a study. I ask my colleagues to take a hard look at this
concept.
It has the potential to provide our Nation with a safer, more secure,
and reliable nuclear deterrent, that may permit greater reductions in
our stockpile.
Finally, Mr. Speaker, I would be remiss if I did not recognize my
fellow subcommittee members on both sides of the aisle, and their
staffs. We tackle complex issues such as space, missile defense, and
nuclear weapons policy, and do so with openness, diligence, and
professionalism.
As the Strategic Forces former chairman and now ranking member, I
have had the great fortune to meet incredibly hard-working, talented
space, nuclear, missile defense, and intelligence professionals.
However, they need our help and continued support.
I heard a troubling statistic this morning:
China graduated 500,000 engineers.
India graduated 200,000.
The United States only graduated 70,000.
We have some serious challenges ahead of us to maintain our technical
leadership.
During my 16 years in the House, it has been an honor and privilege
to work on the Armed Services Committee to enhance our nation strategic
forces capabilities, strengthen our national security, and support our
men and women in uniform.
[[Page 20928]]
Mr. SKELTON. I yield 2 minutes to the gentlewoman from California
(Mrs. Tauscher), the chairman of the Subcommittee on Strategic Forces.
Mrs. TAUSCHER. Mr. Speaker, I thank the chairman of the full
committee and congratulate the ranking member, Mr. Hunter, for his
service and his friendship. And I want to say how much it has been a
pleasure to work on this bill with my friend and ranking member, the
representative from Alabama, Mr. Everett. This is his last defense
authorization bill, and I want to thank him for his wisdom and his
leadership and his friendship. Godspeed on your retirement, Mr.
Everett.
This legislation reflects three crucial themes. First, it ensures the
safety, security and reliability of our nuclear deterrent. The bill
urges the Secretary to clarify lines of responsibility for nuclear
weapons.
It authorizes $6.6 billion for the Stockpile Stewardship Program, but
does not fund the reliable replacement warhead.
Second, the bill emphasizes missile defense systems that address
near-term threats to the United States with more deliberate development
of less mature systems to meet longer-term threats.
The bill authorizes $8.9 billion for the Missile Defense Agency which
is $410 million less than the President's request, but $270 million
above last year's funded level.
The bill allows construction of the European radar site upon final
approval from the host nation, but prohibits construction of the
European interceptor site proposed for Poland until both Poland and the
Czech Republic have given final approval.
The bill provides an additional $100 million for the Aegis BMD and
THAAD programs, and increases funding for the U.S.-Israel missile
defense programs.
Third, this legislation authorizes major space programs and requires
the Department of Defense and the Director of National Intelligence to
jointly plan on meeting national security bandwidth needs.
{time} 1045
We have a fabulous staff on the subcommittee, very, very energetic
and hardworking members.
Mr. Speaker, this is a strong bill. I thank everyone for their
support, and I urge its adoption.
Mr. HUNTER. I would yield to Mr. Thornberry, the distinguished
gentleman from Texas, 2 minutes.
Mr. THORNBERRY. Mr. Speaker, I rise in support of this defense
authorization bill, appropriately named for our colleague from
California, who has done so much to serve and to strengthen the United
States during his time here and before.
Mr. Speaker, as we are here on the floor, the Armed Services
Committee is receiving testimony from a distinguished retired general
who is there to remind us that whatever strategy the United States has
in the future, it must be to win the wars we are in, not just end them.
That is certainly the philosophy that I think the terrorism portion of
this bill brings to the table, that portion of the bill that reminds us
that this country is still at war against a radical enemy who seeks to
hurt as many of us as possible, that portion of the bill extends and
expands some of the key authorities that enable us to work with other
militaries, other security forces so that we can have that battle on
their soil rather than having them here.
That portion of the bill also acknowledges that we are not just in a
kinetic struggle, we're in an ideological struggle, and tries to take
some steps forward to deal with issues such as strategic
communications.
That portion of the bill also acknowledges that we have to bring the
whole government to this fight. It can't be something that just the
military alone does, but we need the full range of capabilities by the
United States Government, and we've had a problem in doing that.
Overall, I think this bill helps make the country stronger and safer,
and I believe that all Members should support it.
Mr. SKELTON. Mr. Speaker, I yield 2 minutes to my friend and
colleague, the gentleman from Mississippi, the chairman of the
Subcommittee on Sea Power, Mr. Taylor.
Mr. TAYLOR. I want to thank the chairman of our committee and our
ranking member for working together to help Mr. Bartlett and I put
together what we think is an excellent package on the Navy and Marine
Corps programs.
Mr. Speaker, we took the $14 billion that the President of the United
States had asked for in shipbuilding to build seven ships, and because
of the good work of Captain Ebbs on our subcommittee and Ms. Simler, we
were able to stretch that out to 10 ships by setting other priorities.
We didn't quite get the package that originally passed the House due
to some concessions to the Senate, but we did give the Secretary of the
Navy the leeway to return to building the DD-51 program, rather than
the DD-1000, should he deem that be in the best interest of our Nation.
I think it is.
Additionally, we have $1.6 billion in funding for the National
Sealift Fund. For the Maritime Administration we have about $878
million, which includes money for the Merchant Marine Academy, Military
Sealift program, Assistance to Small Shipyards, and $30 million for the
vital title XI program.
We've also given the Maritime Administration, working with the
Senate, the language to make adjustments at the Merchant Marine
Academy, so that their very generous alumni can continue to contribute
to that institution, and those funds help subsidize the cost of it.
I want to point out that with the great help of my ranking member,
Mr. Bartlett, we have taken a second huge step as a Nation to lessen
our Nation's military vulnerabilities to having our fuel cut off. Last
year, with his help, we determined that the next generation of cruisers
would be nuclear-powered. This year, again with his assistance, we're
going to see to it that the next generation of marine amphibious
assault ships will have nuclear propulsion, which means that we don't
have to call on Hugo Chavez or the Iranians to get our vessels from one
place to another, and that is a huge step on the part of this Nation
towards energy independence.
Again, I want to thank the chairman and our ranking member. We have
about $14 billion in for shipbuilding. We have another $14 billion in
for planes and helicopters for the Navy and Marine Corps, $10 billion
for weapons, ammunition, vehicles and equipment upgrades for the Navy
and Marine Corps. Again, none of this could have been done without the
tremendous assistance of my ranking member from Maryland (Mr.
Bartlett).
Mr. HUNTER. I would yield to Mr. Bartlett, the gentleman from
Maryland, a very distinguished gentleman and one of our great leaders
on the Armed Services Committee, 2 minutes.
Mr. BARTLETT of Maryland. Mr. Speaker, I strongly encourage my
colleagues to suspend the rules and pass the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009.
As ranking member of the Seapower and Expeditionary Forces
Subcommittee, I applaud the efforts that Chairman Skelton, Ranking
Member Hunter and Chairman Taylor have made to negotiate a final
package with the Senate under extraordinarily constrained
circumstances, the shortest conference in history, I think.
I want to thank the staff for their invaluable contributions. This
bill does an excellent job of meeting the needs of our soldiers,
sailors, aviators and marines.
The bill fully funds the next generation carrier, the next Virginia
class submarine, and provides advanced procurement funding that would
smooth the ramp for construction of two Virginia class submarines per
year. This bill authorizes and fully funds two T-AKEs and two Littoral
Combat Ships.
The bill would also provide advance procurement for a DDG-51
destroyer, which the Navy has testified would better meet their
requirements. We have still provided sufficient funding for DDG-1000 to
give the Navy options and flexibility for the procurement of surface
combatants.
[[Page 20929]]
Additionally, the bill extends the House commitment to expand nuclear
propulsion for shipbuilding. In addition to next generation cruisers,
the bill would also require that future amphibious assault vessels
include nuclear power.
Finally, Mr. Speaker, I would like to congratulate several of our
colleagues who are retiring at the end of this Congress. Duncan Hunter,
Jim Saxton and Terry Everett have my deepest respect and gratitude.
Thank you for your dedication and service to our country and everything
you have done for the men and women in uniform.
Mr. Speaker, I ask my colleagues to support this bill.
Mr. SKELTON. Mr. Speaker, I yield 2 minutes to my friend, the
chairman of the Subcommittee on Terrorism, Unconventional Threats, and
Capabilities, the gentleman from Washington (Mr. Smith).
Mr. SMITH of Washington. First of all, I want to congratulate and
thank Chairman Skelton and Ranking Member Hunter. Their dedication to
making sure that we get a defense authorization bill done every year is
truly admirable and an amazing accomplishment. They understand the
importance of making sure that our committee sets the policy and the
direction for national security and military policy in this country,
and they are determined to get it done.
The challenges were great this year, and yet they still got us a bill
done on time and a bill that will really, really help the men and women
who are fighting for us in our Armed Services and help protect our
country. And that is a tribute to their leadership.
I also want to thank Ranking Member Thornberry on our subcommittee
for his great work. Our subcommittee, as he mentioned, is focused on
specifically the war against al Qaeda and violent extremists, with
jurisdiction over SOCOM and to handle unconventional threats.
I am proud that this bill fully funds SOCOM and their efforts to
protect us from terrorism across the globe. This bill also emphasizes
science and technology and our need to develop the best, most advanced
weapons to protect our military troops everywhere that they are
fighting.
I think this is an excellent bill, one that was not easy to
accomplish, and I'm very proud of what our subcommittee has
accomplished as well.
Mr. HUNTER. Mr. Speaker, I would yield to Mr. Akin, the very
distinguished gentleman from Missouri, 1 minute.
Mr. AKIN. Mr. Speaker, I would comment that one of the things that
the public would really like to see in Congress is for us to come down
here, put our partisan differences aside and actually solve some
problems. We don't always do a good job in that regard on many topics.
But this is quite an exception today. And I think it's a time that the
public can be very thankful for Chairman Skelton from the great State
of Missouri and also for Ranking Member Hunter. Both of them have
rolled their sleeves up and have put together an authorization bill
that actually deals with the problems that face our country and have a
very credible solution.
This is a ``hats off'' for people who've worked very hard. We're very
thankful to have a chance to get the bill passed, and it's that tone of
our leadership that is willing to solve problems instead of squabbling
like a bunch of cats. This is a very bright day. We're thankful for
that leadership.
Mr. SKELTON. Mr. Speaker, I yield 2 minutes to the chairman of the
Subcommittee on Military Personnel, the gentlewoman from California
(Mrs. Davis).
Mrs. DAVIS of California. Mr. Speaker, I rise in support of the
National Defense Authorization Act for Fiscal Year 2009.
I want to recognize the ranking member of the Military Personnel
Subcommittee, Mr. McHugh, for his contributions to this bill. It
provides significant personnel benefits and policies that are important
to our men and women in uniform and their families, and I believe it
merits full support.
Some of the highlights of the military personnel area include the
following: A 3.9 percent pay raise, an increase of .5 percent above the
President's request; prohibition on increases in TRICARE copays and
deductibles; preventing TRICARE pharmacy copay increases for a year;
establishing a tuition assistance program for eligible military
spouses; growing the end strength for the Army and the Marine Corps;
increasing full-time manning for the Army National Guard.
We also provided over $50 million for Impact Aid to local educational
agencies; increased the use of preventive care services by TRICARE
beneficiaries, including waiving copayments for preventive services and
creating smoking cessation programs.
Finally, this bill creates a Department of Defense task force on the
prevention of suicide.
Our Nation has been at war for 7 years. Repeated deployments continue
to take a hard toll on our servicemembers and their families, and the
bill before us recognizes their sacrifices and addresses the increasing
support that they and their families need to be trained and equipped
before, during and following a deployment.
Mr. Speaker, we would not be here today without the leadership of
Chairman Skelton and Ranking Member Hunter, and I want to wish my
colleague from San Diego well as he leaves the Congress. Chairman
Skelton and Ranking Member Hunter have gone through extraordinary
lengths to ensure that this Congress will have a defense authorization
bill. I also want to thank my subcommittee staff for all of their hard
work over the past year.
I urge my colleagues to support the bill.
Mr. HUNTER. I want to commend my seatmate from San Diego for her very
hard work on this bill and her leadership.
I yield 1 minute to Mr. McHugh, who over the many years has been one
of the great leaders in this country for what I call, when we used to
call the subcommittee the total force, which is the Guard, the Reserve,
the active duty, those 2\1/2\ million men and women who serve this
country so effectively, and to this guy who knows probably more about
them than just about anybody I've ever met and knows more about policy,
the gentleman from New York (Mr. McHugh).
Mr. McHUGH. I thank the gentleman for yielding. I'm very, very
flattered by his gracious comments as probably unmerited as they may
be.
Mr. Speaker, this is a bittersweet moment. It is sweet, or certainly
an uplifting moment because we are here on the floor with a defense
authorization bill. Had you asked anybody just a few weeks ago, I think
they would have suggested no, it couldn't be possible. Yet through the
incredible leadership of the gentleman from Missouri (Mr. Skelton) and
former chairman and now able ranking member, the gentleman from
California (Mr. Hunter), we are here, and we're not just here in
presence, we're here with an absolutely incredible bill.
I want to thank the gentlelady from California, my counterpart, the
Chair of the Personnel Subcommittee, for her leadership. As you look at
this bill, it meets the absolute first criteria of any effective DOD
authorization bill, taking care of the troops.
You heard the gentlelady recount the very positive things in this
bill, and I couldn't agree with her more. I'm proud to be even remotely
associated with that.
I would also say, this is a triumphant staff. We are served
incredibly well, day in and day out, by our professional staff members.
{time} 1100
Never have they distinguished themselves more than they have this
year. To do what it usually takes 6, 7, 8, 9 weeks and more in a matter
of days is just an achievement that rings so very solidly to their
credit but also is important to the goodwill of the Members.
But I will tell you, this is a sad moment. This bill is very
appropriately named after my colleague, my leader, Duncan Hunter, but
he is taking with him the kind of dedication, devotion, and leadership
that are not easily replaced, and he will be sorely, sorely
[[Page 20930]]
missed, and certainly as a friend I will miss him dearly.
But just to kind of add insult to injury, he's taking with him two
great Members, Terry Everett and Jim Saxton, folks who have led this
committee and done so much good. But we carry forward in their great
tradition. This is a great bill in their memory, and I urge my
colleagues to support it.
Mr. SKELTON. Mr. Speaker, at this time, I yield 90 seconds to the
gentlelady from New Hampshire for the purpose of a colloquy.
Ms. SHEA-PORTER. I thank the gentleman.
I rise today in strong support for the men and women of the
Portsmouth Naval Shipyard. The Portsmouth Naval Shipyard has prepared a
detailed capital improvement program that elevates their shipyard from
the gold standard to the platinum standard. It will ensure that the
Portsmouth Naval Shipyard is prepared to meet future challenges
required of the Navy's long-term ship repair vision. I support this
long-term capital investment strategy and believe that it is incumbent
on the Congress to support all of our public shipyards and, most
importantly, the Portsmouth Naval Shipyard Capital Improvement Program.
I yield to the gentleman from Missouri (Mr. Skelton).
Mr. SKELTON. I thank the gentlelady for raising this important issue.
I also commend her for her long-standing support and advocacy for the
Portsmouth Naval Shipyard.
At her request to the committee to support critical facility
improvement projects in this year's bill, I am delighted to inform her
that we have included over $30 million in capital improvement projects,
including a critical Waterfront Support Facility and a Consolidated
Component Improvement Facility.
I would also like to make it clear for the record that due to a
clerical error, Ms. Shea-Porter's name was not included in the
transparency table that accompanied the bill showing that she had
requested the Waterfront Support Facility. This was an oversight and
will be corrected in an addendum to show that she had requested and
supported the addition of these facilities in the bill.
I commend her for her strong support of the shipyard and would
support her continued advocacy for this critical national asset.
Ms. SHEA-PORTER. I appreciate the chairman's support for my request
to include these projects in this year's National Defense Authorization
Act and, most importantly, the chairman's support of the men and women
at the Portsmouth Naval Shipyard.
Mr. HUNTER. Mr. Speaker, let me just conclude by again reflecting on
the great leadership of Ike Skelton that brought this bill to the floor
under such difficult circumstances. It's a great bill.
And lastly, to just reinforce a point that's been made by a number of
speakers, you know, this is a city which really, whether you have a
military crisis or an economic crisis, needs honest brokers, and those
are people that can look at interested parties and make a decision that
is made for the right reasons and made on the merits. This committee
could not function, this Congress couldn't function, if we didn't have
incredible, professional staff who can look right through a dozen
conflicting interests and see one interest that should dominate the
scene, and that's the American interest, the right thing to do.
And our professional staff members have that capability, and they
have great character, and they have a lot of character, and in many
cases, they are characters. Erin Conaton and Bob Simmons are the former
staff director and the staff director, and their team have done such a
great job of bringing this bill together, and only people in whom you
could vest enormous amounts of trust could accomplish what they've
accomplished.
I just want to commend them for this incredible undertaking that's
been the last couple of weeks. They are all so sleepy right now they
really just want to finish this thing and get off the floor. But let's
thank them for what they've done for this country. We appreciate you.
With that, Mr. Speaker, I yield back my time.
Mr. SKELTON. Mr. Speaker, at this time, I yield 1 minute to my friend
and colleague, the gentlelady from Illinois (Ms. Schakowsky).
Ms. SCHAKOWSKY. Mr. Speaker, I rise today to express my
disappointment that the provision I drafted, that would prohibit
private security contractors from performing inherently governmental
functions in combat areas, was stripped from this bill. The House
unanimously adopted this provision, and the Senate bill contained a
nearly identical provision.
I am extremely disappointed that the Bush administration threatened
to veto this bill over this commonsense provision, forcing the Armed
Services Committee to only include a sense of Congress on the use of
private military contractors in this legislation.
The horrible incidents like that involving Blackwater Worldwide in
which 17 Iraqi civilians were killed, for which no one has yet been
held accountable, have damaged our already tattered image in the eyes
of the Iraqi people. Private contractors are being tasked with
extremely sensitive jobs like gathering intelligence and providing
armed security, and they severely damage the credibility of our
military with their sometimes violent and almost always unaccountable
behavior.
Inherently government functions should be performed by people in the
U.S. military or who are U.S. Government personnel, people who proudly
wear the badge of the U.S. and pledge their allegiance to it.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. SKELTON. I yield the gentlelady an additional 15 seconds.
Ms. SCHAKOWSKY. I thank the gentleman.
Despite the administration's senseless decision to protect Blackwater
and companies like it, I will continue to fight to make sure this won't
happen.
And I thank the gentleman for letting me say this remark.
Mr. SKELTON. Let me compliment the gentlelady from Illinois (Ms.
Schakowsky) on her interest and her work on this issue, and I think in
the days ahead the efforts will be understood and be fruitful as we
move ahead with the defense of our Nation. I thank her for that.
We're coming to the end of a long, arduous process here in the House.
Our wonderful staff has worked more than diligently, not just through
the year but the last several days. In the last five days actually, Mr.
Speaker, they've done 6 weeks of work, phenomenal, miraculous, and I
compliment them for that. Erin Conaton, the director, and Bob Simmons,
the minority chief, have been superb to work with, and every member of
the staff has been a professional in the finest sense of the word. I
cannot brag on them more. And we're very grateful for their efforts,
and their efforts will pay off for those young men and women, those
families who wear the uniform of our country check as they do their
professional work.
This effort is really for the security of our country and is done
particularly for the young people who wear the uniform. They are, Mr.
Speaker, our national treasures, and those of us on the committee
understand that. We work toward that end, and as we vote for this bill
and it passes, hopefully with a large, large majority, and goes to the
Senate, and hopefully passes to the White House and to be signed by the
President, those young gentlemen and young women who really make their
life and their profession the national security of our country should
know that we in Congress support them, back them up, and that we're
immensely proud of the work that they do.
So, with that in mind, and thanks to all the Members of our
committee, superb committee, subcommittee chairmen, subcommittee
ranking, and every Member, our staff and those who give advice and
recommendations to us have made this bill possible in a very, very
short period of time.
So with that and a great deal of gratitude especially for my friend
from
[[Page 20931]]
California, Duncan Hunter, who we unanimously named this bill for, we
will miss him terribly, but we thank him for his service to our Nation,
to our Congress, to our committee as chairman and ranking member, and
we appreciate him, and we'll long remember him.
Mr. Speaker, pursuant to H. Res. 1476, which the House adopted
yesterday, I submit an addendum to the Joint Explanatory Statement
which I entered into the Record yesterday.
Due to administrative error, a number of Member requests were not
included in the transparency table in yesterday's submission.
[[Page 20932]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.285
[[Page 20933]]
Ms. LEE. Mr. Speaker, when this Defense Authorization bill cleared
the House last May it included an amendment which I authored requiring
congressional approval of any agreement negotiated between the
President and the Government of Iraq which commits the United States to
the defense and security of Iraq from internal and external threats.
But because the White House threatened to veto the bill over this
prudent and reasonable provision, the version of the bill returned to
us from the Senate no longer includes that limitation. That is reason
alone to oppose this bill, which I do.
Although I cannot support the bill as amended, I want to thank my
good friend Mr. Skelton, the Chairman of the Armed Services Committee,
for strongly supporting the Lee amendment and for his valiant efforts
to retain it during the negotiations with a stubborn an unreasonable
White House.
An agreement to commit American troops to the defense and security of
another country is not routine or typical or minor. It is a major
commitment that must have the support of the American people. And that
popular will can only be reflected by the Congress of the United
States. That is why the Lee amendment was necessary. I regret we have
lost a valuable opportunity to bring much needed accountability and
transparency to our relationship with Iraq.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I stand here today with a
heavy heart as I cast my vote against S. 3001, the National Defense
Authorization Act for Fiscal Year 2009. While I support our men and
women in the armed forces and our need to ensure our national security,
I cannot with a clear conscience support a National Defense
Authorization bill that includes money for Iraq without time-lines for
an exodus.
Samuel Adams, who was known as the Father of the American Revolution,
stated ``All might be free if they valued freedom, and defended it as
they should.'' While most of us value freedom, many of us do not risk
our lives for it on a daily basis like our troops fighting in Iraq and
Afghanistan.
H. Con. Res. 320
That is why I chose to celebrate one of our heroic daughters of
Texas, Specialist Monica L. Brown of the United States Army with House
Concurrent Resolution 320 for her efforts earlier this year.
Specialist Brown was the first woman in Afghanistan and only the
second female soldier since World War II to receive the Silver Star,
the Nation's third-highest medal for valor. This solider from Lake
Jackson, Texas is only 19 years old.
On April 25, 2007, Specialist Brown was part of a four-vehicle convoy
patrolling near Jani Kheil in the eastern province of Paktia when a
bomb struck one of the Humvees.
When Specialist Brown saw her fellow soldiers were injured, she
grabbed her aid bag and started running toward the burning vehicle as
insurgents opened fire. All five wounded soldiers from her platoon
scrambled out. Under this commotion, she assessed her patients and
moved them to a safer location because they were still receiving
incoming fire.
The Pentagon's official policy is to prohibit women from serving in
front line combat roles in the infantry, armor or artillery, but the
nature of the wars in Afghanistan and Iraq, with no real front lines,
has seen women soldiers take part in close quarters combat more than
previous conflicts.
Though I have opposed the war in Iraq from its inception, I remain
absolutely committed to ensuring that we recognize, celebrate, and
honor the service of our sons and daughters returning from Iraq and
Afghanistan. Our troops in Iraq did everything we asked them to do, and
I firmly believe that we must commend the men and women of our military
for their exemplary performance and success in Iraq.
Defense BIll
This defense bill reflects our commitment to support the men and
women who fight to secure not only our citizens' freedom but the
freedom of others. This bill will provide the necessary resources to
protect the American people and our national interests at home and
abroad. The Armed Services committee has provided for military
readiness; taking care of our troops and their families; increasing
focus on the war in Afghanistan; and improving interagency cooperation,
oversight, and accountability in this year's defense authorization
bill.
Defense Provisions
We must maintain our efforts to restore military readiness in order
to meet current military challenges and prepare for the future.
Thankfully, this defense bill:
Provides fair compensation and first-rate health care, and improve
the quality of life of the men and women in the armed forces (active
duty, National Guard and Reserves) and their families.
Provides our servicemen and women with the resources, training,
technology, equipment (especially force protection) and authorities
they need to succeed in combat and stability operations in Iraq and
Afghanistan.
Seeks to reduce our Nation's strategic risk by taking action aimed at
restoring, as soon as possible, the readiness of the military services
to conduct the full range of their assigned missions.
Improves the efficiency of Defense Department programs and
activities, and applies the savings toward high-priority programs.
Improves the ability of the armed forces to counter nontraditional
threats, including terrorism and the proliferation of weapons of mass
destruction.
Promotes the transformation of the armed forces to deal with the
threats of the 21st century.
Ensures aggressive and thorough oversight of the Department's
programs and activities to ensure proper stewardship of taxpayer
dollars and compliance with relevant laws and regulations.
Thank You to Our Troops
We must extol our military for their courage and sacrifice in
Operation Enduring Freedom and Operation Iraqi Freedom. The United
States cannot and should not permanently prop up the Iraqi government
and military. Whether or not my colleagues agree that the time has come
to withdraw our American forces from Iraq, I believe that all of us are
of one accord that our troops deserve our sincere thanks and
congratulations.
The United States Armed Forces successfully toppled the regime of
Saddam Hussein and captured the key cities of Iraq in only 21 days. The
Armed Forces performed magnificently in conducting military operations
designed to ensure that the people of Iraq would enjoy the benefits of
a democratically-elected government governing a county that is capable
of sustaining itself economically and politically and defending itself
militarily.
While our troops have achieved the objectives for which they were
sent to Iraq, they are now caught in the midst of a sectarian conflict.
Unfortunately, there is no military solution to Iraq's ongoing
political and sectarian conflicts.
The objectives for which this Congress authorized war in Iraq have
been met; therefore, that authorization should no longer be the basis
for ongoing involvement by U.S. armed forces. Our military has already
paid too heavy a price for this Administration's ill-advised and poorly
planned war effort in Iraq.
Mr. Speaker, although I appreciate the need to protect our great
nation from enemies both foreign and domestic, and I support without
hesitation our troops, I cannot in clear conscious support S. 3001
without clear withdrawal timelines for Iraq. I yield back the balance
of my time.
However, I will continue supporting the funding that is particular to
supporting our troops, their families and our veterans.
Mr. BLUMENAUER. Mr. Speaker, today we take up the final Defense
Authorization bill of the Bush administration. Those who know me and
know my record will understand why, although I support the progress
we've made at rolling back some of the most egregious Bush defense
priorities, I cannot vote for this Defense policy bill.
In this time of extreme economic uncertainty, we cannot afford to
prop up a bloated Department of Defense. Defense Authorization bills
outline priorities and benchmarks for spending, and I believe this bill
proposes levels that are too high and for the wrong priorities.
For eight years we have seen the Defense budget balloon under
President Bush and today we spend more on defense than the rest of the
world combined. I have long pointed out that programs like the Future
Combat System's fighting vehicles and the National Missile Defense
system would be justifiable if the major threat to our security was a
modern version of the Soviet Union. It is not. I applaud the Democratic
cuts to the funding levels requested by the President, though we must
do better.
As with other programs, the quantity of money spent says little about
the quality of return. Indeed, investing in outdated systems makes us
less secure and comes at the expense of smarter, modern defense tools.
We must invest in systems that confront the real and looming threats of
terrorists and rogue states. We must cultivate our personnel into a
smart and agile force with a range of tools to engage the world. We
must create a security strategy that recognizes the equal importance of
diplomacy, development, and defense and understands the linkages
between poverty, environmental health, and economic security.
In particular, I would like to see the Pentagon institute strong
safeguards regarding the
[[Page 20934]]
interrogation of prisoners and fully invest in the environmental
restoration of past defense sites. I thank Chairman Skelton and Ranking
Member Hunter for the progress we've made so far on these issues, and
for supporting my unexploded ordnance amendment which made detection
technology a priority for the Pentagon.
There are the beginnings of a major shift in this Defense
Authorization bill. I believe that after the upcoming election, when
the nation has time to evaluate just how out-of-touch the Pentagon is,
we will be able to have a more thoughtful assessment of what our
Defense Department should look like and what activities it should be
engaged in. I look forward to this thoughtful discussion.
Mrs. MALONEY of New York. Mr. Speaker, I rise today in strong support
of S. 3001, the ``The National Defense Authorization Act for Fiscal
Year 2009.'' This legislation gives critical assistance to our troops
including providing equipment and training, providing all
servicemembers with a pay raise of 3.9 percent, and improving health
care.
I also want to note provisions in the bill based on legislation, H.R.
3033, the ``Contractors and Federal Spending Accountability Act,'' that
I have been introducing since the 107th Congress to bring integrity
back to the federal procurement system. S. 3001 will establish a
comprehensive, centralized database that will keep track of the
integrity and performance of certain persons awarded federal contracts
and grants, more efficiently monitor the federal procurement system,
and help protect U.S. taxpayer dollars. Any person awarded a federal
agency contract or grant in excess of $500,000 would be included in the
database including information related to any civil, criminal, or
administrative proceedings involving the person. Currently, no central
database exists to help procurement officials track fraudulent
contractors who do business with the federal government.
As a City Councilwoman, I successfully led an effort to implement a
similar system. This system has aided the City of New York
tremendously, and it has prevented habitual bad actors and felons from
being awarded city contracts.
Such a system is badly needed at the federal level. The contract
officers and the federal government's watchdogs, the federal suspension
and debarment officials, currently lack the information they need to
protect our business interests. We have no central way of accounting
for the performance of our purchases. Beyond a listing of currently
debarred or suspended persons, officials are limited to their
individual agency's knowledge of an entity's track record, press
reports and personal contacts with other agencies. The American
public's knowledge is limited even further. Often times this allows
federal contractors and assistance recipients to repeatedly violate
federal law yet still receive millions of dollars from the federal
government.
The federal government spends more than $417 billion annually on
goods and services. We owe it to the American people to be a model
consumer. Today, we are taking an important step toward bringing
greater transparency to the federal contracting process.
I want to thank Chairman Waxman, Ranking Member Tom Davis, Chairman
Towns, and their staffs, particularly Mark Stephenson, for working with
me on this issue. I also want to acknowledge the efforts of Senator
McCaskill who championed the database provisions in the Senate as well
as Representative Mark Udall who joined me in support of a contracting
reform amendment when the House considered the Defense Authorization
legislation earlier this year.
I urge my colleagues to support S. 3001.
Ms. LORETTA SANCHEZ of California. Mr. Speaker, I rise today to
express my support for the House-Senate compromise language for the
FY09 National Defense Authorization Act. I am happy that the House and
Senate were able to come to an agreement to provide critical support to
our Armed Forces.
I am particularly pleased that a number of provisions that I
advocated for are in this final language. These provisions include the
establishment of a Sexual Assault Database to provide a centralized,
case-level database of information about sexual assaults that involve
service members. I am also proud that my colleagues supported my
efforts to require the Department of Defense to conduct a study of its
bandwidth needs in the near and long term. Ensuring adequate bandwidth
is essential to the military's ongoing readiness.
This bill takes critical steps to restore the readiness of our Armed
Forces by providing an equipment reset of $8.6 billion for the Army and
$1.8 billion for the Marine Corps. It also ensures full utilization of
our depots in the future.
There are also a number of provisions to protect our service members
in the battlefield. These include $1.7 billion for MRAP vehicles for
our troops overseas and authority for the Department of Defense to
conduct oversight and testing of personnel protective equipment.
In addition, this bill prohibits increased premiums and co-pays for
TRICARE recipients and provides tuition assistance and training for
military spouses. This bill also establishes a task force on suicide
prevention and authorizes $3.2 billion to expand quality family
housing.
I urge my colleagues to join me in supporting this important
legislation and I urge the other body to move quickly to pass this
compromise language that will continue to prepare, support and protect
our Armed Forces. Thank you and I yield back.
Ms. BORDALLO. Mr. Speaker, today I rise in strong support of the
amendment offered to S. 3001, the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009. The bill, once again, renews
our commitment to ensuring the highest levels of readiness and
supporting the individual needs of our men and women in uniform. The
bill is a product of hard work and dedication by our Chairman, Ranking
Member and committee staff.
The bill also continues to ensure that Congress will have the
appropriate oversight and accountability mechanisms in place to ensure
the military build-up on Guam is a success. In particular, the bill
establishes an account to manage funds contributed to the U.S.
Government in support of the military build-up by the Government of
Japan through authority granted in Section 2350k of Title 10 of the
United States Code. This account will provide us, as well as the
Government of Japan, with greater accountability of how funds are being
used. Over $13 billion dollars on military construction projects alone
will be spent on Guam over a six year period as stipulated in the
Alliance Transformation and Realignment Agreement.
As important, the bill also contains provisions that express
Congress's position on a variety of issues that will impact the local
civilian community on Guam. Congress directs the Department of Defense
to ensure that any improvements to utilities made on Guam as a result
of the military build-up benefit the entire island community. Most
specifically, it expresses that the Department of Defense should be a
consumer and not a provider of basic services. If the Department of
Defense is a consumer of water, power and wastewater resources then an
economy of scales can be reached that will help lower the cost for both
the military and civilian community.
The bill also calls on the federal government to work more closely
with their respective counterpart agencies in the Government of Guam to
develop Memoranda of Understanding to ensure continuity of effort as
Administrations prepare to change in Washington, D.C. and in Guam. The
Memoranda of Understanding will allow federal and local governments to
adequately prepare and plan infrastructure needs to meet the capacity
demands added by the build-up of forces on Guam. The agreements will
also give private industry a commitment that the federal and local
governments are serious about and committed to ensuring success for the
build-up.
A successful example of a Memorandum of Understanding is the one
signed by the Maritime Administration (MARAD) and the Port of Guam in
May, 2008. The memorandum commits MARAD to use its technical expertise
in contracting and planning to assist the Port of Guam in making
necessary improvements for the port's capacity. The private sector,
Government of Guam and the Department of Defense all agree that the
port, if not improved and expanded, would have potentially been a
“bottleneck” in the successful completion of projects
related to the military build-up. However, the Memorandum of
Understanding could not be fully implemented without the inclusion of
authorizing language that is contained in the National Defense
Authorization Act for Fiscal Year 2009. The language that I sponsored
grants MARAD the authority to execute the terms of the Memorandum of
Understanding. Now, we have a successful example of how Memoranda of
Understanding can guide development of civilian infrastructure on Guam.
Finally, the bill continues this Congress's commitment to our
nation's indispensable force, our citizen soldiers and airmen of the
Army and Air National Guard. In addition to a 3.9% increase in pay for
all service members, the bill adds $800 million specifically for
National Guard and equipment. The bill also fully authorizes the Joint
Cargo Aircraft (JCA) program for the Army, allowing them to procure
seven aircraft in fiscal year 2009. However, in order to maintain this
indispensable force, it was critical that we authorized a substantial
increase in full time manning for the Army and Air National Guard, and
this funding was placed in the base budget in a fiscally responsible
manner. Ensuring that the National
[[Page 20935]]
Guard has adequate full time positions is imperative if they are to
remain a fully operational force.
There are other provisions of interest to me and of relevance to
Department of Defense activities on Guam. Of note is a provision
authorizing the Department of Defense to participate in and financially
contribute to conservation banking and in-lieu fee mitigation
initiatives. This is important to protecting our environment and Guam
presents an ideal opportunity for the Department of Defense to partner
with the Government of Guam toward meeting conservation goals and
mitigating the impact of the military build-up. I regret that the other
body has withheld support from some provisions related to the military
build-up that were adopted earlier this year by this House. I will
continue to work on these provisions in the next Congress.
I want to thank Congressman Ike Skelton, Chairman of the House Armed
Services Committee and Congressman Solomon Ortiz, Chairman of the
Subcommittee on Readiness for their leadership and steadfast support of
provisions relating to the Guam military build-up that are included in
this bill. I also want to thank the staff of the House Committee on
Armed Services, specifically Erin Conaton, Paul Arcangeli, Will Ebbs,
Debra Wada, Eryn Robinson, Vickie Plunkett, Cathy Garman, Andrew Hunter
and Michael Higgins. However, David Sienicki should be especially
commended for his outstanding work and understanding of the strategic
importance of the Guam military build-up.
I urge passage of the amendment to S. 3001.
Mr. HOLT. Mr. Speaker, I rise in support of this bill.
We've all read the stories about wounded troops being forced to repay
enlistment or reenlistment bonuses. Chairman Skelton is to be commended
for including a provision that ensures that any servicemember who is
retired or separated for a combat-related disability will not be
required to repay any portion of a bonus or other benefit. The same
provision ensures that the survivor of a member who dies on active duty
will likewise not have to repay any bonus or benefit their deceased
loved one was entitled to. I am also pleased this bill authorizes a
much needed and well deserved 3.9 percent pay raise for our troops.
Today we are also ensuring that active duty families, military
retirees, and their dependents are not socked with higher TRICARE fees
or co-pays by extending the prohibition on such increase. The bill also
encourages beneficiaries to use preventive health services by waiving
copayments for preventive services.
We've all been troubled and saddened by the increased rates of
suicide among servicemembers and veterans. To address this crisis, the
bill establishes a Task Force on the Prevention of Suicide by Members
of the Armed Forces to bring together experts from both within and
outside of the military to assess current service suicide prevention
programs and policies and to examine the risk factors that can lead to
suicide. The Secretary of Defense is required to develop a plan to
improve suicide prevention based upon the recommendations of the task
force. I urge Secretary Gates to convene this task force immediately
and for the task force to complete its work as quickly as possible.
Mr. Speaker, as is always the case in bills crafted by Chairman
Skelton, this bill also authorizes additional necessary funds for key
systems designed to help protect our troops. Two programs are of
particular note. For example, the bill authorizes $1.7 billion to
procure, sustain, transport, and field Mine Resistant Ambush Protected,
MRAP, vehicles for our troops overseas. Additionally, the bill
authorizes $2.2 billion for the Joint Improvised Explosive Device
Defeat Organization, JIEDDO, and urges that $10 million be used for
Marine Corps and Army development of specialized counter IED dog teams.
The bill also requires that the Director of the JIEDDO to develop a
science and technology investment strategy for countering the threat of
IEDs.
Additionally, I'm pleased this bill requires the Defense Department
to take additional steps to reduce its energy consumption, consistent
with mission and operational requirements. The bill establishes the
position of Director for Operational Energy Plans and Programs and
creates senior operational energy officials within each service. It
also authorizes $90 million for energy conservation programs on
military installations.
I regret that a number of provisions that were in the House version
of the bill were not included in the bill before us, including
provisions dealing with the use of private security contractors and
detainee interrogation-related activities. I am especially disappointed
that the current bill does not include the detainee videorecording
provision I authored and that was included in the House version of this
bill. I look forward to working with Chairman Skelton in the next
Congress to correct this deficiency.
Mr. Speaker, this is a good bill; I will vote for it, and I urge my
colleagues to do likewise.
Mr. UDALL of Colorado. Mr. Speaker, as a Member of the House Armed
Services Committee, I rise in support of this important legislation.
I applaud Chairman Skelton for his leadership in guiding this bill to
the floor today. He and Ranking Member Hunter have done a tremendous
job, and they have been ably supported by the expert staff of our
committee. We passed the Defense Authorization bill in the House over
four months ago--but there was concern that the Senate wouldn't pass
its bill before Congress adjourned for the year.
Fortunately, the Senate acted last week, and we're able to move ahead
today to complete this important annual task. Chairman Skelton and
Ranking Member Hunter and their staff were not about to let this be the
first Defense Authorization bill in 42 years not to become law. They
worked very hard to reconcile the House and Senate legislation, and I
commend them for the outcome. I expect the Senate to follow our lead
and send this bill to the President for his signature.
This bill rightly focuses on our military's readiness needs. After
more than five years at war, both the active duty and reserve forces
are stretched to their limits. The bill will provide what's needed to
respond, including funds to address equipment shortages for the active
duty and reserve forces, improve the quality of our military barracks,
maintain ammunition, and expand training opportunities, among other
important readiness needs. The bill also improves the quality of life
for our forces and their families by including a 3.9 percent pay raise
for all service members, preserving important health benefits by
prohibiting fee increases in TRICARE and the TRICARE pharmacy program,
and including new preventive health care initiatives.
With regard to Colorado provisions, I am pleased that the bill
includes language requiring the Secretary of Defense to maintain
redundant facilities and equipment--along with the staff necessary to
ensure continuity of operations--at Cheyenne Mountain Air Force Station
until the Secretary can certify that security measures have been
instituted to bring the consolidated command center for NORTHCOM/NORAD
at Peterson AFB into full compliance with Protection Level One
requirements. Currently, the Secretary has waived compliance to allow
Peterson to meet these requirements--defined as resulting in ``the
greatest possible deterrence against hostile acts'' and providing ``the
maximum means to achieve detection, interception and defeat of a
hostile force before it is able to seize, damage or destroy
resources''--though Peterson AFB does not yet meet this level of
protection. Such a waiver would not be permitted to meet the
requirement under this legislation.
It is important that the House and the Senate have recognized that
Northern Command's decision to relocate the nation's air and space
defense command from Cheyenne Mountain to the new NORTHCOM/NORAD
command center at Peterson AFB was flawed, particularly without fully
analyzing the full range of threats. The Government Accountability
Office in its recent report highlighted the lack of a comprehensive
threat analysis, and the Department of Defense (DOD) finally concurred
that a thorough analysis still needs to be completed. While that study
is ongoing--and certainly while Peterson AFB cannot yet comply with
protection level requirements for the highest level of threats--
redundant operations should be maintained at Cheyenne Mountain.
I'm also pleased that the bill increases overall military
construction project authorization at the Pueblo Chemical Depot by $223
million, raising the five-year-old authorization cap that had forced
the Assembled Chemical Weapons Alternative (ACWA) program and its main
contractor Bechtel to cancel some work earlier this year and would have
resulted in layoffs if it had not been increased. Although Congress
appropriated sufficient funds last year, ACWA did not have
Congressional permission to spend the funds until this cap was raised.
Finally, the bill includes language that prohibits DOD from
transporting away from the Pueblo Chemical Depot in the next six months
the hazardous wastes left after chemical treatment of mustard agent.
This is based on legislation I introduced with Rep. John Salazar
earlier this year, and sends an important message to the Department of
Defense.
There is no question that the ACWA program has been poorly managed
for years. But I believe the people of Pueblo shouldn't have to pay for
DOD's mistakes. Pueblo needs the jobs that the biotreatment process
will provide, and the community deserves the certainty that clean-up
will be completed in a timely fashion.
[[Page 20936]]
I am disappointed that the final language is not as strong as the
language I helped pass in the House, but it is still an important step
forward. I will continue to work to ensure the secondary wastes are not
transported off-site.
The Pueblo Chemical Depot holds 2,611 tons of liquid mustard agent
and is part of the DOD's ACWA program, which is responsible for
destroying the chemical weapons stored at Pueblo and at the Blue Grass
Army Depot in Kentucky. The Chemical Weapons Convention, ratified by
Congress in 1997, requires these munitions to be destroyed by 2012.
Because of schedule delays, management problems, and funding shortfalls
for the ACWA program, the DOD has said that the U.S. will not meet the
Chemical Weapons Convention treaty deadline.
Last year, Congress mandated that DOD complete all chemical weapons
destruction activities by 2017. The DOD has suggested that a 2017
deadline at Pueblo cannot be reached if wastes are treated on-site. DOD
is again studying whether to transport these wastes for treatment off-
site, despite approved plans to treat the wastes at the Pueblo Chemical
Depot, and despite the fact that construction of an on-site
biotreatment facility has already begun. In addition, studies have
shown that shipping these wastes would not yield benefits. The
community of Pueblo and the Colorado Citizens' Advisory Commission,
established by law to represent community interests, have repeatedly
expressed their preference for treating the wastes on-site.
The bill also authorizes $474 million for military construction
projects at Fort Carson, as well as $65 million for construction at the
Pueblo Chemical Depot, $4.9 million for land acquisition at Peterson
AFB, $18 million for Colorado National Guard readiness centers in
Denver and Grand Junction, $3 million for a satellite pharmacy and $4.2
million for Alert Crew Headquarters at Buckley Air Force Base, and $18
million to upgrade academic facilities at the U.S. Air Force Academy.
Mr. Speaker, the bill we are considering today does an excellent job
of balancing the need to sustain our current warfighting abilities with
the need to prepare for the next threat to our national security. It is
critical that we are able to meet the operational demands of today even
as we continue to prepare our men and women in uniform to be the best
trained and equipped force in the world.
This is a good bill, a carefully drafted and bipartisan bill, and I
urge its passage.
Mr. KUCINICH. Mr. Speaker, I rise in opposition to the Defense
Authorization bill. Despite the 2006 mandate from the American people
to end the war and occupation of Iraq, this bill authorizes the funding
to continue operations in Iraq well into the 2009 fiscal year. This
bill authorizes $68.5 billion for the wars in Iraq and Afghanistan. In
addition it authorizes the entirety of the administration's request of
$542.5 billion for the National Defense budget. This is a grand total
of $611.1 billion to continue misguided policies such as preemptive
strikes, interventionism and peace through strength.
The bill includes absolutely no language calling for the withdrawal
of our honorable and brave service members in Iraq, 4,170 servicemen
and women have been killed in Iraq, there have been tens of thousands
of injuries to our troops and over 1 million innocent Iraqi civilians
have been killed as a result of the war. The true monetary cost of the
war is estimated to be $3 trillion. Yet instead of keeping a commitment
that we made back in 2006 to end the war, we are once again voting on a
bill that will continue to fund it well into the term of the next
President. Congress has the ability to end the war and bring our troops
home simply by refusing to continue funding.
Additionally, I do not support the authorization for $465.8 million
to continue development of the European Ground-Based Mid-Course
Defense, GMD, program despite a lack of assurance that the system will
work or is needed for the safety of our nation. Congress' continued
funding of the European GMD only lends credence to the administration's
misguided claims the system is necessary to defend the U.S. from a
long-range ballistic missile attack from Iran despite the fact that
Iran is unlikely to pose such a threat to the United States in the
foreseeable future.
Continuing to develop the European GMD has consequences for U.S.
foreign policy. This deal has exacerbated tensions between the U.S. and
Russia. There has also been strong opposition by the citizens of the
Czech Republic and Poland to the placement of the radar and
interceptors in their respective countries.
This bill continues to reflect the wrong priorities for our nation's
security. The continued proliferation of nuclear weapons does not make
America safer. What will make America safer is to place a priority on
cooperation with the global community on nuclear nonproliferation
initiatives. This bill authorizes over $6.6 billion for the nuclear
weapons activities of the National Nuclear Security Administration, and
less than $2 billion for nuclear nonproliferation.
The U.S. administration has established a record of unilateralism
that undercuts our nation's credibility in the eyes of other nations.
The repercussions of this record include undermining our security and
diplomatic integrity. In just under eight years the U.S. administration
has backtracked on international treaties and conventions. The U.S. has
rejected the Comprehensive Test Ban Treaty, refused to sign the Land
Mine Treaty, withdrawn from the Anti Ballistic Missile Treaty, unsigned
the Kyoto Protocol, and blocked a verification protocol for the
Biological Weapons Convention.
Continuing to keep ``all options on the table'' while refusing to
engage in diplomacy without preconditions leaves America devoid of any
moral authority. The idea that peace (the absence of 'violence) can be
brought about through violence and increasing weapons stockpiles is
antithetical. The assertion that keeping our nation safe requires us to
maintain a pre-emptive strike policy is built on a foundation of fear
and continues to drive Americans further away from each other and the
world community. The belief that the bulk of our foreign policy should
be comprised of insisting other countries do what we tell them, while
we fail to engage in any meaningful global cooperation is hypocritical
and condescending.
The security of America lies not in defense spending but in ensuring
well paid jobs for hardworking Americans, guaranteed health care and a
strong education for our nation's youth. We must shift our priorities.
This body must stop spending half of America's tax dollars on the
funding of the military industrial complex and instead invest in
economic projects that really will keep America safer. With our economy
in crisis it should be clear that continuing to hemorrhage money on
defense spending while our future economic stability is uncertain is
not in the best interests of our citizens. Congress must wake up. In
other words, I believe that Congress must reassess our current
priorities and in so doing begin to provide for the traditional sense
of security by first ensuring economic security, health security, and
job security for all.
Mr. SKELTON. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Missouri (Mr. Skelton) that the House suspend the rules
and pass the Senate bill, S. 3001, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. SKELTON. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
____________________
SOLEMNLY COMMEMORATING THE 25TH ANNIVERSARY OF THE TRAGIC OCTOBER 1983
TERRORIST BOMBING OF THE UNITED STATES MARINE CORPS BARRACKS IN BEIRUT,
LEBANON
Mrs. BOYDA of Kansas. Mr. Speaker, I move to suspend the rules and
agree to the resolution (H. Res. 1421) solemnly commemorating the 25th
anniversary of the tragic October 1983 terrorist bombing of the United
States Marine Corps Barracks in Beirut, Lebanon and remembering those
who lost their lives and those who were injured, as amended.
The Clerk read the title of the resolution.
The text of the resolution is as follows:
H. Res. 1421
Whereas on the morning of October 23, 1983, at
approximately 6:20 a.m., a truck packed with explosives broke
security and detonated outside of the United States Marine
Corps barracks in Beirut, Lebanon;
Whereas 241 members of the Armed Forces of the United
States were killed in the blast, and many more were injured;
Whereas a total of 272 members of the Armed Forces from 39
States and Puerto Rico died while serving in Beirut, Lebanon,
from 1982 to 1984;
Whereas the members of the Armed Forces were part of a
multinational peacekeeping force; and
Whereas the honor and sacrifice of the victims will never
be forgotten: Now, therefore, be it
Resolved, That the House of Representatives, on the 25th
anniversary of the bombing
[[Page 20937]]
of the United States Marine Corps barracks in Beirut,
Lebanon--
(1) honors and remembers the service and sacrifice of the
members of the Armed Forces who were victims of the bombing
and those who died in Beirut from 1982 to 1984; and
(2) joins family and friends in mourning the members of the
Armed Forces who lost their lives in the tragic bombing and
while serving as peacekeepers in Beirut.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Kansas (Mrs. Boyda) and the gentleman from North Carolina (Mr. Jones)
each will control 20 minutes.
The Chair recognizes the gentlewoman from Kansas.
General Leave
Mrs. BOYDA of Kansas. Mr. Speaker, I ask unanimous consent that all
Members have 5 legislative days within which to revise and extend their
remarks on the resolution under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Kansas?
There was no objection.
Mrs. BOYDA of Kansas. Mr. Speaker, I yield myself such time as I may
consume.
I rise today in strong support of House Resolution 1421. It solemnly
commemorates the 25th anniversary of the tragic October 1983 terrorist
bombing of the United States Marine Corps Barracks in Beirut, Lebanon,
and it remembers those who lost their lives and those who were injured.
On October 23, 1983, at approximately 6:20 in the morning, a large
truck packed with explosives crashed through security and slammed into
the lobby of the United States Marine Corps Barracks. The vehicle's
driver, a suicide bomber, detonated explosives the equivalent of 12,000
pounds of TNT, crumbling the 4-story building and killing marines,
soldiers, and sailors while they slept. Two hundred forty-one
servicemembers lost their lives that day, making this day in October
the single bloodiest day in the Marine Corps history since World War
II.
America's first encounter with suicide bombings becomes even more
tragic when we remember that our brave men and soldiers were in Beirut
there to provide opportunity for others to live in peace. As part of a
multinational peacekeeping force, the Marines had deployed to serve as
a catalyst for peace in a volatile and violent region of the world.
They were proudly serving the principles of freedom to ensure that men
and women may live in a peaceful and free world. It is an unconceivable
evil that would violently target those who volunteer to bring goodwill
and peace to a nation.
With grave hearts, we commemorate the 25th anniversary of the 1983
terrorist bombing of the United States Marine Corps Barracks in Beirut,
Lebanon. Let us honor all 272 members of the Armed Forces who gave
their lives that day and recognize the 60 Americans who survived the
attack. These military men and women served proudly, and many made the
ultimate sacrifice that others around the world may know the gift of
freedom.
{time} 1115
They came from 39 States and Puerto Rico, and the sacrifices of these
honorable military men and women will never be forgotten.
I urge my colleagues to join me in supporting this very important
resolution, and on behalf of myself and my husband, former Marine Staff
Sergeant Steve Boyda, Semper Fi.
I reserve the balance of my time.
Mr. JONES. Mr. Speaker, I yield myself such time as I might consume.
Mr. Speaker, first I would like to thank the lady from Kansas for
being on the floor during this discussion and debate.
Mr. Speaker, on October 23, 1983, the war on terrorism began when a
truck filled with explosives detonated outside of the United States
Marine Corps barracks in Beirut, Lebanon, killing 241 of our men in
service. Between 1982 and 1984, 272 marines, soldiers, and sailors from
39 States and Puerto Rico lost their lives while serving as
peacekeepers in Beirut.
Mr. Speaker, I recently introduced H. Res. 1421, a resolution to
solemnly commemorate the 25th anniversary of the tragic October 1983
terrorist bombing of the United States Marine Corps barracks in Beirut,
to remember those who lost their lives and those who were injured.
I would like to thank the leadership on both sides of the aisle, the
Members of Congress who have cosponsored this resolution and the House
Armed Services Committee members and staff for their help in bringing
this resolution to the floor today.
Mr. Speaker, October 23 of this year will mark the 25th anniversary
of the bombing of the Marine Corps barracks in Beirut, Lebanon. In the
attack, as was said by the lady from Kansas, 241 American heroes were
lost: 220 Marines, 18 members of the Navy and 3 soldiers. On October 23
of 2008, the friends, family, and comrades left behind by the Beirut
peacekeepers will gather once again to pay their respects. This would
be the appropriate time for the House of Representatives to show its
appreciation. Honoring these servicemen is one way for us to again say
thank you for sacrificing your lives so that the rest of us could live
in freedom.
Recognizing those who served in Beirut will not just serve to further
mourn their loss but to celebrate the peace and the American spirit
that was embodied in the mission of these fallen heroes.
Mr. Speaker, in these uncertain times, we call upon the brave men and
women of the military to overcome terror and defend the ideals that
this great Nation was founded upon. One of my constituents, Charles
Hall of Jacksonville, North Carolina, which is the home of Camp Lejeune
Marine Base, was called upon 24\1/2\ years ago, and he served our
country honorably in Beirut. Mr. Hall will be the first to tell you
that the war on terrorism began well before September 11. In fact, many
believe the war on terrorism began on October 23, 1983, in Beirut.
On behalf of military families across the United States, I urge my
colleagues to join in supporting and honoring those 241 Americans who
were killed on October 23, 1983, in Beirut, Lebanon, and the 272 who
died while serving in Beirut between 1982 and 1984.
With that, Mr. Speaker, I would reserve the balance of my time.
Mrs. BOYDA of Kansas. Mr. Speaker, I would just like to acknowledge
the leadership and the good work of my friend and colleague, Mr. Walter
Jones of North Carolina. I think the American people sometimes don't
see bipartisanship, and I would just like to congratulate him for the
many things that he has done to work across the aisle on behalf of our
servicemen and women and on behalf of the American people in keeping
this country safe.
Too often, all the American people see is a lack of bipartisanship,
and this is one where we come together on this resolution and on so
many others on behalf of our servicemen and women, and, as I say, on
behalf of keeping the American people safe and secure.
Mr. Speaker, at this time I have no further requests for time. I am
prepared to close after Mr. Jones has.
I continue to reserve the balance of my time.
Mr. JONES. Mr. Speaker, at this time I would like to yield to the
gentleman from Illinois (Mr. LaHood) such time as he may consume.
Mr. LaHOOD. Mr. Speaker, I rise today in support of this resolution,
a similar resolution of which I introduced at the suggestion of the
ranking member of the Rules Committee, David Dreier. He spoke to me
about this and suggested that this type of resolution be considered by
the House. I want to thank the majority leader for scheduling this
resolution to commemorate and honor those who lost their lives in
Beirut, Lebanon, during the bombing that took place.
I also want to thank my classmate and friend, Walter Jones, for his
leadership in introducing this resolution. I rise today to honor the
United States Marines and other servicemembers who were killed in the
Marine barracks bombing in Beirut, Lebanon, on October 23, 1983.
On this day at approximately 6:20 a.m., a delivery truck carrying
explosives drove through the gates into one of the barracks buildings
and the explosives were detonated. This day was
[[Page 20938]]
the deadliest for the United States Marine Corps since the battle of
Iwo Jima during World War II; 241 servicemen and women were killed and
many others were wounded.
The servicemen and women serving in Beirut who were killed had been
sent to serve as peacekeepers during the 15-year civil war in Lebanon.
Throughout the time U.S. forces were in Lebanon, there were many
instances in which American lives were lost. In April of 1983, a
similar suicide bombing occurred at the United States Embassy killing
60 people, predominantly embassy staff and U.S. Marines. President
Reagan called this act ``a vicious terrorist bombing'' and reiterated
the United States' commitment to peace in the region. As a Nation, we
would not let such actions deter us from our goal.
The fight against terrorism still continues today. Brave members of
the Armed Forces risk their lives every day in an effort to bring an
end to such attacks. While we take this time to honor those who were
killed in Beirut, we also rededicate our country to the fight against
terrorism. It is our hope that such despicable acts can be prevented,
not only just in Lebanon but also in Iraq, Afghanistan, Pakistan, and
throughout the rest of the world. Progress has been made in Lebanon and
progress towards peace will continue throughout the region.
Today the Members of the House of Representatives and the rest of the
Nation join the families of these 241 fallen servicemembers to mourn
their loss. We remember the courage of these Marines and other
servicemembers who willingly put their lives on the line in order to
serve their country and promote peace and security throughout the
world. Our heartfelt prayers and sympathies go out to these families.
Nearly 25 years after this terrible tragedy, we remember these brave
men and women who made the ultimate sacrifice.
During the 14 years that I have had the privilege of serving in the
House of Representatives, I have made 13 trips to Lebanon. During the
first time that I went there, there was a travel ban: the airport was
closed, people were restricted from traveling. We've made great
progress in the last 14 years. Great progress.
A great deal of the credit really goes to the people and the
leadership of the country but also to President Bush and Secretary Rice
for taking a great deal of interest in this country and not being
dissuaded by terrorist attacks and not being dissuaded by those who
would have our men and women in harm's way. They have helped rebuild
the country both politically and economically.
One of the saddest events that took place in the country 2 years ago
was the assassination of the then Prime Minister Rafiq Hariri. There is
an investigation going on in that. He was a true leader in the country.
Since that time, there has continued to be progress being made in the
country.
As a matter of fact, President Bush will welcome the President of
Lebanon tomorrow at the White House, the first time in the memory of
many that the President of Lebanon will be coming to the United States
and actually having a visit with President Bush and the Secretary of
State, Condoleezza Rice. This is an extraordinary event for the country
of Lebanon, for the people of Lebanon, for those of us in this country
who have worked very hard to develop the kind of relationship with
their government and our government. We're delighted that the new
President of Lebanon will be visiting Washington and visiting President
Bush.
We've made progress, and we've made that progress through the great
sacrifice of our men and women who serve in the Embassy in Lebanon and
the men and women who sacrificed their lives during the time of the
attack 25 years ago. So it's very fitting today that we not only
recognize their families and those but we recognize the fact that our
government leaders have reached out to this small country in a way that
has enabled us to make great progress.
Moment of Silence
Mr. LaHOOD. Mr. Speaker, I wonder if it would be possible as I
conclude here if you would allow the House one moment of silence so we
could say a quiet prayer for the 200-plus Marines and families who lost
their lives.
I ask that the Chair allow for a moment of silence to remember those
who lost their lives during the bombing that took place in Lebanon 25
years ago.
The SPEAKER pro tempore. Members will rise and pay tribute for 1
minute.
Mrs. BOYDA of Kansas. Mr. Speaker, I just wish to, before we close
out, acknowledge the service of Mr. LaHood from Illinois. Again, a true
patriot and somebody who has reached across party lines on a regular
basis to find resolutions on some of the toughest issues. I just
appreciate that, and I certainly appreciate the moment of silence.
Thank you very much.
Again, on behalf of a very grateful Nation, I urge my colleagues to
join me in supporting this very important resolution.
I continue to reserve the balance of my time.
Mr. JONES. Mr. Speaker, I will be very brief.
I want to thank the gentlelady from Kansas for her comments, not
about me but about the fact that in this Nation we need to work
together. The country is in financial trouble. We've got men and women
overseas in Afghanistan and Iraq, and we do, on the Armed Services
Committee, work together for the good of the country; and let's do that
on the floor of the House, especially in the coming months.
To the gentleman from Illinois who's leaving Congress, he is a
classmate. Mr. LaHood, thank you for your comments. Thank you for the
moment of remembrance in prayer. I think that's so important.
Again, I want to thank you, Mr. Speaker. I want to thank the lady
from Kansas. We have brought this to the floor and we are saying 25
years later to the families, ``We didn't forget you. We, the House of
Representatives, will never forget you.'' And may we never forget those
who have given their lives for their country and those who are fighting
for this country in Afghanistan and Iraq.
{time} 1130
With that, Mr. Speaker, I yield back the balance of my time.
Mrs. BOYDA of Kansas. I would just say God bless these families, and
God bless the United States of America.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Kansas (Mrs. Boyda) that the House suspend the rules
and agree to the resolution, H. Res. 1421, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. JONES. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
____________________
PROVIDING FOR CONSIDERATION OF SENATE AMENDMENT TO H.R. 2638,
CONSOLIDATED SECURITY, DISASTER ASSISTANCE, AND CONTINUING
APPROPRIATIONS ACT, 2009
Mr. McGOVERN. Mr. Speaker, by direction of the Committee on Rules, I
call up House Resolution 1488 and ask for its immediate consideration.
The Clerk read the resolution, as follows:
H. Res. 1488
Resolved, That upon adoption of this resolution it shall be
in order to take from the Speaker's table the bill (H.R.
2638) making appropriations for the Department of Homeland
Security for the fiscal year ending September 30, 2008, and
for other purposes, with the Senate amendment thereto, and to
consider in the House, without intervention of any point of
order except those arising under clause 10 of rule XXI, a
motion offered by the chairman of the Committee on
Appropriations or his designee that the House concur in the
Senate amendment with the amendment printed in the report of
the Committee
[[Page 20939]]
on Rules accompanying this resolution. The Senate amendment
and the motion shall be considered as read. The motion shall
be debatable for one hour equally divided and controlled by
the chairman and ranking minority member of the Committee on
Appropriations. The previous question shall be considered as
ordered on the motion to final adoption without intervening
motion.
Sec. 2. During consideration of the motion to concur
pursuant to this resolution, notwithstanding the operation of
the previous question, the Chair may postpone further
consideration of such motion to such time as may be
designated by the Speaker.
Sec. 3. The chairman of the Committee on Appropriations
shall insert in the daily issue of the Congressional Record
dated September 24, 2008, such material as he may deem
explanatory of the motion.
Point of Order
Mr. FLAKE. Mr. Speaker, I raise a point of order against H. Res. 1488
because the resolution violates section 426(a) of the Congressional
Budget Act. The resolution contains a waiver on all points of order
against consideration of the motion to concur, which includes a waiver
of section 425 of the Congressional Budget Act, which also causes a
violation of section 426(a).
The SPEAKER pro tempore. The gentleman from Arizona makes a point of
order that the resolution violates section 426(a) of the Congressional
Budget Act of 1974.
The gentleman has met the threshold burden to identify the specific
language in the resolution on which the point of order is predicated.
Such a point of order shall be disposed of by the question of
consideration.
The gentleman from Arizona (Mr. Flake) and the gentleman from
Massachusetts (Mr. McGovern) each will control 10 minutes of debate on
the question of consideration.
After that debate, the Chair will put the question of consideration,
to wit: Will the House now consider the resolution?
The Chair recognizes the gentleman from Arizona.
Mr. FLAKE. Mr. Speaker, the reason I'm standing today is to question
this bill in terms of the unfunded mandate point of order. I can tell
you honestly, I have no idea if this bill contains unfunded mandates,
and I would suggest that most people here are in that position because
we only got this bill last night. We haven't been able to read its
contents. We know very little of it except that we know very little of
it.
This is a massive bill. Let me just take one part of it, and this
part has concerned me about a lot of the legislation that's come
forward before this body in recent years. We were told earlier this
year that we were going to have a transparent process in terms of
earmarks. And, frankly, some good language was passed--earlier this
Congress, I should say--to provide transparency and to ensure that when
earmarks are passed, they receive a thorough vetting, at least that we
know who introduced them and have a chance to actually challenge those
earmarks on the floor of the House. We have not had that opportunity
here.
This legislation is coming to us with more than 1,200 earmarks that
were attached to it in the subcommittee. Now, these earmarks were known
only to my office because we managed to get a copy from the
Appropriations Committee--that we could not get officially, we had to
get unofficially. I would venture that very few other Members have even
seen the list of earmarks. Keep in mind that this bill, this Defense
Appropriations bill that is included in this CR, has not even been
marked up by the full committee. So the full committee has not even
seen these earmarks. There are more than 1,200 in the House version; I
think there are more than 800 in the Senate version. So, more than
2,000 earmarks that have been added that very few outside of the
committee--and outside of the subcommittee that actually dealt with
it--have even seen.
Now, the chairman of the Appropriations Committee was asked about
this secretive process earlier today, and Bloomberg said, and I quote,
``He was asked if the process has been secretive, and he said, ``It
has; because if it's done in the public, it will never get done.'' The
chairman of the Appropriations Committee said he wanted to avoid his
colleagues pontificating on the content of the legislation, saying
that's what politicians do when this stuff is done in full view of the
press. He said, ``We've done this the old fashioned way by brokering
agreements in order to get things done, and I make no apology for it.''
Now, think of that statement. We've passed rules in this House saying
that we would have a thorough vetting, yet we're bringing more than
1,200 House earmarks to the floor that have not even been vetted by the
committee. We're supposed to have that list long before and to be able
to vet them, we haven't done that. And we don't even have a chance
here. I don't have the opportunity to stand and question any of these
earmarks, and neither do any of my colleagues.
Let me just read a few of them that are in here. The Presidio
Heritage Center, one of the Speaker's Office's earmarks, $1.7 million.
What is it? We really have no idea. We only got the disclosure letter
last night or this morning, and that doesn't tell you all that much.
Why is the Presidio Heritage Center in the Defense bill? Yet we won't
be able to challenge that here; we won't be able to have a vote on that
because it was slipped in, not even vetted by the committee, and
certainly not vetted by the full House.
There is a $3 million earmark for a Cold Weather Layering System.
What is that? Is that a coat? We don't know. All I know is this is
likely an earmark that's going to a private firm. This is a sole-source
contract that everybody has been, rightly, up in arms about when the
Federal Government gives out single-source contracts. Here we are doing
it without even vetting it in the committee; we're not even vetting it
on the House floor. It's passed and done, and we don't even know who
it's for or what it's about. Yet, we're doing it. Why? What is the rush
to do something like this?
I understand that this all may seem a little trivial in a week that
we may approve $700 billion, but I think it speaks to why people across
the country are fed up with us as a Congress for not even vetting these
kind of things and for letting 1,200 earmarks come into a bill that we
haven't even seen and won't be able to vote on.
We have an up-or-down vote. This is not even a conference report.
There aren't even motions to recommit. This is up or down, take it or
leave it, 1,200 earmarks that you have never seen. How does that square
with the promises that were made earlier this Congress?
Now, I make no bones about it; I don't think our party on the
Republican side did well with earmarks. We let far too much go. And
some of us stood up and tried to stop it. The majority party came into
Congress, won the elections in 2006, took over the majority on promises
that they would do something. And I have to say that this is proof,
once again, that it hasn't been done. How in the world can anyone stand
up today and say we have kept our promise in terms of transparency?
With that, Mr. Speaker, I reserve the balance of my time.
Mr. McGOVERN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, technically, this point of order is about whether or not
to consider this rule, and ultimately the underlying bill. And in
reality, it's about trying to block this bill without any opportunity
for debate and without any opportunity for an up-or-down vote on
keeping the government running, providing hurricane and other disaster
assistance and other critical items. So I think that that is just
wrong. And I hope that my colleagues will vote ``yes'' so we can
consider this important legislation on its merits and not kill it on a
procedural motion.
We need to move forward with this legislation. We need to keep this
government running. Those who oppose this bill can vote against final
passage, but we need to move forward. So I would urge my colleagues to
not allow a purely procedural tactic to kill this bill.
Mr. Speaker, I reserve the balance of my time.
Mr. FLAKE. May I inquire as to the time remaining?
The SPEAKER pro tempore. The gentleman has 4\1/2\ minutes remaining.
[[Page 20940]]
Mr. FLAKE. Mr. Speaker, I recognize that I'm here on an unfunded
mandates point of order. It's the only chance I've got. They don't
allow anybody to stand up and challenge any earmarks. That's not
allowed under the rule. So this is the only chance anybody has to stand
up and say anything about this bill, and it's a crying shame.
And I don't blame the gentleman from the Rules Committee for not
wanting to address the point at hand here; I don't blame him at all. I
wouldn't want to either. I wouldn't want to say that I'm a member of a
Rules Committee that would violate the very rules that we ourselves
adopted earlier this year so blatantly to simply say we're just not
going to discuss it, we're going to bring 1,200 earmarks to the floor
and not discuss them at all.
Let me suggest why it happens this way. I mentioned this was done
behind closed doors without rank-and-file Members knowing anything
about these earmarks at all. There is good reason for that. If you look
at these earmarks, a total of 1,200 worth about $5 billion, 60 percent
of the earmarks in this bill go to members of the Appropriations
Committee. I'm sorry. The Appropriations Committee are getting 37
percent of all earmarks. When you add to the appropriators those in
leadership, those who are committee Chairs, those who are ranking
members, so the leadership and the powerful here, 60 percent of the
earmarks in this bill are going to that group, which makes up, I think,
just under 25 percent of this body.
Now, if anybody's wondering why this is done behind closed doors and
in secret and not with rank-and-file Members able to even see this,
that's one of the reasons. Because not only are earmarks bad and it's a
misallocation of resources, it can lead to things that we have seen in
this House, but it's a spoil system, it's a spoil system. When
leadership and those who are on the right committees get these
earmarks, it shows what a sham the argument is that we have to do this
because we as Members of Congress know our districts better than those
bureaucrats and we have to earmark those dollars. Well, does somebody
who happens to be a chairman or a ranking minority member happen to
know his district a lot better than anybody else? Because that's what
we're seeing here, we're seeing a spoil system.
And it's simply not right. It is not right that we are approving
here, with one fell swoop, 1,200 earmarks from the House--800 from the
Senate, but that's their business, our business is here--over 1,200
earmarks that nobody in this body has really seen, unless you happen to
serve on the subcommittee of Appropriations because the full Committee
on Appropriations never vetted these earmarks either. That is simply
not right.
I don't know when we stand up and say we've had enough, because
people all over the country certainly have. I don't know why we haven't
realized it. I'm sure it's reflected in the 9 percent approval ratings
that we have. But in a week where we're approving $700 billion--or
likely to approve $700 billion--to bail out other institutions, this
might seem trivial to some to be approving $5 billion in earmarks.
But I think why people across the country are upset is they say, you
know you have control of this. You made promises years ago that you
would clean up this process and you aren't, because nobody with a
straight face can say that we have cleaned up this process when you
bring to the floor, under this bill, more than 1,200 earmarks that have
received no vetting whatsoever and will receive no vetting whatsoever
because we can't even challenge those on the floor today.
I have no time remaining. Let me just say, let's hold back. Let's
slow this legislation down--whichever we can, whether it's procedurally
or otherwise--because we cannot continue to do business this way.
With that, Mr. Speaker, I yield back the balance of my time.
Mr. McGOVERN. Mr. Speaker, how much time do I have remaining?
The SPEAKER pro tempore. The gentleman has 9 minutes remaining.
Mr. McGOVERN. I yield 2 minutes to the gentleman from Wisconsin (Mr.
Obey).
{time} 1145
Mr. OBEY. Mr. Speaker, let me simply respond to one thing the
gentleman said. He said that no one has done any reforming of the
earmarking process since the Democratic Party took control of this
House.
I would point out that the facts indicate quite the contrary. The
first year that we were in the majority, we eliminated all earmarks for
a year until we could get a handle on the process that had been driven
wildly out of control by the previous majority from the other side of
the aisle. The second year, we indicated that we would try to cut the
amount of money spent on earmarks by 50 percent. The Senate dissented
from that. And in the end we were only able to cut it by 40 percent. I
would say that is a significant change.
We also, in the process, provided the public's right to know by
guaranteeing that every Member who sought an earmark would have to sign
a letter, publicly displayed, which spelled out who asked for the
earmark and which spelled out and made quite clear that the Member
would have no personal financial interest in the earmark. We also
provided that these earmarks would be posted on the committee Web site.
As a result, the public will know who has asked for what and they will
know who got what. I call that reform even if the gentleman doesn't
want to admit it.
Mr. McGOVERN. Mr. Speaker, I just want to associate myself with the
remarks of the chairman of the Appropriations Committee.
I should point out that all of the earmarks are made public. They are
on the Rules Committee Web site. They are available in the
Appropriations Committee. I should also point out that we have
instituted reforms so that what happened when the Republicans were in
control, for example, when they air-dropped a provision to provide
blanket immunity to drug companies and inserted it into a defense bill
after everything had been closed cannot happen.
I will also say that I think Members of this Congress should have the
right to advocate for their districts and make decisions as to how
money should be allocated. It is our responsibility as the legislative
branch to have a role in where that money goes versus bureaucrats who
work with the White House.
I will also say that there are a lot of Republicans who have applied
for and received earmarks. They have gone through this process where
they had to fill out forms and vet it through the committee. I know a
lot of Republicans, including some of my Republican colleagues on the
Rules Committee, have earmarks on this bill because it's public. And I
actually trust them to be advocates for their district.
So, I would point out to my colleagues that things are very different
from how they were when the Republicans were in control of this House.
There is more sunshine. There is more accountability. I would urge my
colleagues to vote ``yes'' on the motion to consider.
I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Weiner). All time having been yielded
back, the question is, Will the House now consider the resolution?
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. FLAKE. Mr. Speaker, I object to the vote on the ground that a
quorum is not present and make the point of order that a quorum is not
present.
The SPEAKER pro tempore. Evidently a quorum is not present.
The Sergeant at Arms will notify absent Members.
The vote was taken by electronic device, and there were--yeas 242,
nays 168, not voting 23, as follows:
[Roll No. 628]
YEAS--242
Abercrombie
Ackerman
Aderholt
Allen
Altmire
Andrews
Arcuri
Baca
Baldwin
Barrow
Bean
Becerra
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
[[Page 20941]]
Boren
Boswell
Boucher
Boyda (KS)
Brady (PA)
Braley (IA)
Butterfield
Capps
Capuano
Cardoza
Carnahan
Carney
Carson
Castor
Cazayoux
Chandler
Childers
Clarke
Clay
Cleaver
Clyburn
Cohen
Conyers
Cooper
Costa
Costello
Courtney
Cramer
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis, Lincoln
Davis, Tom
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Donnelly
Doyle
Edwards (MD)
Edwards (TX)
Ellsworth
Emanuel
Eshoo
Etheridge
Everett
Fattah
Filner
Foster
Frank (MA)
Garrett (NJ)
Giffords
Gilchrest
Gillibrand
Gonzalez
Gordon
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hastings (FL)
Herseth Sandlin
Higgins
Hill
Hinojosa
Hirono
Hobson
Hodes
Holden
Holt
Honda
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Jones (NC)
Kagen
Kanjorski
Kennedy
Kildee
Kilpatrick
Kind
Klein (FL)
Kucinich
LaHood
Lampson
Langevin
Larsen (WA)
Lee
Levin
Lewis (CA)
Lewis (GA)
Lipinski
Loebsack
Lofgren, Zoe
Lowey
Lynch
Mahoney (FL)
Maloney (NY)
Markey
Matheson
Matsui
McCarthy (NY)
McCollum (MN)
McDermott
McGovern
McIntyre
McNerney
McNulty
Meek (FL)
Meeks (NY)
Melancon
Michaud
Miller (NC)
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murtha
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Pearce
Perlmutter
Peterson (MN)
Pomeroy
Price (NC)
Pryce (OH)
Rahall
Rangel
Regula
Reyes
Richardson
Rodriguez
Rogers (AL)
Ros-Lehtinen
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Saxton
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Shuler
Simpson
Sires
Skelton
Slaughter
Smith (WA)
Snyder
Solis
Space
Speier
Stark
Stupak
Sutton
Tanner
Tauscher
Taylor
Thompson (CA)
Thompson (MS)
Tierney
Towns
Tsongas
Turner
Udall (NM)
Van Hollen
Velazquez
Visclosky
Walsh (NY)
Walz (MN)
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Wexler
Wilson (NM)
Wilson (OH)
Wolf
Woolsey
Wu
Yarmuth
Young (AK)
Young (FL)
NAYS--168
Akin
Alexander
Bachmann
Bachus
Barrett (SC)
Bartlett (MD)
Barton (TX)
Biggert
Bilbray
Bilirakis
Blackburn
Blunt
Boehner
Bonner
Bono Mack
Boozman
Boustany
Brady (TX)
Broun (GA)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Carter
Castle
Chabot
Coble
Cole (OK)
Conaway
Crenshaw
Culberson
Davis, David
Deal (GA)
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Drake
Dreier
Duncan
Ehlers
Emerson
Fallin
Feeney
Ferguson
Flake
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Gerlach
Gingrey
Gohmert
Goode
Goodlatte
Granger
Graves
Hall (TX)
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Hoekstra
Hulshof
Hunter
Inglis (SC)
Issa
Johnson (IL)
Johnson, Sam
Jordan
Keller
King (IA)
King (NY)
Kingston
Kirk
Kline (MN)
Knollenberg
Kuhl (NY)
Lamborn
Latham
LaTourette
Latta
Lewis (KY)
Linder
LoBiondo
Lucas
Lungren, Daniel E.
Mack
Manzullo
Marchant
Marshall
McCarthy (CA)
McCaul (TX)
McCotter
McCrery
McHenry
McHugh
McKeon
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Moran (KS)
Murphy, Tim
Myrick
Neugebauer
Nunes
Pence
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Porter
Price (GA)
Putnam
Radanovich
Ramstad
Rehberg
Reichert
Renzi
Rogers (KY)
Rogers (MI)
Rohrabacher
Roskam
Royce
Ryan (WI)
Sali
Scalise
Schmidt
Sensenbrenner
Sessions
Shadegg
Shays
Shimkus
Shuster
Smith (NE)
Smith (NJ)
Smith (TX)
Souder
Stearns
Sullivan
Tancredo
Terry
Thornberry
Tiahrt
Tiberi
Upton
Walberg
Walden (OR)
Wamp
Weldon (FL)
Weller
Westmoreland
Wilson (SC)
Wittman (VA)
NOT VOTING--23
Baird
Bishop (UT)
Boyd (FL)
Brown, Corrine
Cubin
Davis (KY)
DeFazio
Ellison
Engel
English (PA)
Farr
Fossella
Hinchey
Johnson (GA)
Kaptur
Larson (CT)
McMorris Rodgers
Musgrave
Paul
Reynolds
Spratt
Udall (CO)
Whitfield (KY)
{time} 1213
Messrs. HALL of Texas, DOOLITTLE, Ms. GINNY BROWN-WAITE of Florida,
and Mr. POE changed their vote from ``yea'' to ``nay.''
Mr. COSTELLO changed his vote from ``nay'' to ``yea.''
So the question of consideration was decided in the affirmative.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated for:
Mr. ELLISON. Mr. Speaker, on September 24, 2008, I inadvertently
missed Rollcall No. 628. If I were present, I would have voted ``yea.''
The SPEAKER pro tempore. The gentleman from Massachusetts is
recognized for 1 hour.
Mr. McGOVERN. Mr. Speaker, for the purpose of debate only, I yield
the customary 30 minutes to the gentleman from Washington (Mr.
Hastings). All time yielded during consideration of the rule is for
debate only. I yield myself such time as I may consume. I also ask
unanimous consent that all Members be given 5 legislative days in which
to revise and extend their remarks on House Resolution 1488.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Massachusetts?
There was no objection.
Mr. McGOVERN. Mr. Speaker, H. Res. 1488 provides for consideration of
the Senate amendment to H.R. 2638, the Consolidated Security, Disaster
Assistance, and Continuing Appropriations Act, 2009.
The rule makes in order a motion by the chairman of the Committee on
Appropriations to concur in the Senate amendment with a House
amendment. The rule provides 1 hour of debate on the motion, equally
divided and controlled by the Committee on Appropriations.
The House amendment inserts language for continuing appropriations
for fiscal year 2009, making emergency supplemental appropriations and
covering three regular fiscal year 2009 appropriations bills, each in a
separate division.
Division A provides continuing appropriations for all agencies and
activities that would be covered by the regular fiscal year 2009
appropriations bills until enactment of the applicable regular
appropriations bill or until March 6, 2009, whichever occurs first.
Emergency FY09 appropriations for LIHEAP and advanced technology
vehicle manufacturing loans are also included.
Division B provides $22.9 billion in emergency supplemental
appropriations for relief and recovery from hurricanes, floods, and
other natural disasters.
Division C provides $487.7 billion in FY09 funding for the Department
of Defense.
Division D provides $40 billion in FY09 funding for the Department of
Homeland Security.
Division E provides $72.9 billion in FY09 funding for Military
Construction and Veterans Affairs.
Mr. Speaker, let me begin with the good news, a fact that my friends
on the other side of the aisle cannot refute. This is the last time
that we will have to deal with Bush's budget priorities. After 8 years
of President Bush's fiscal mismanagement, we will soon vote on the
final Bush appropriations bill.
Eight years ago, George Bush became the 43rd President of the United
States. Are the American people better off after 8 years of George
Bush? The answer is a clear and resounding no. His administration and
the then Republican-controlled Congress inherited a $5.6 trillion
budget surplus from President Clinton, and they turned that into about
a $3.2 trillion deficit and have left us with a national debt that
stands at $9.8 trillion. That is the biggest debt we have had in the
history of the United States of America.
Because of George Bush, we are stuck in a quagmire in Iraq. Because
of George Bush, more people are living in poverty and more people are
going hungry than they were 8 years ago. And because of this President
and his administration, we have the worst financial
[[Page 20942]]
crisis since the Great Depression. Just 40 days from the election and
117 days until the next president is inaugurated, President Bush is
asking for a $700 billion blank check to fix the mess on Wall Street
that he and his allies helped create.
Thankfully, this continuing resolution will keep the government up
and running until March 6 of 2009 and hopefully, at that time, we will
have a President with a very different set of priorities.
The process getting here hasn't been perfect. I am disappointed that
we weren't able to consider all of the appropriations bills here in the
House under regular order. But my Republican colleagues share much of
the blame for this inaction. Every time the Republicans had an
opportunity to act like statesmen and do the business of the American
people, they decided to do the opposite, to play partisan games in
attempts to score political points. Instead of acting like honest
brokers, they decided to demagog these bills until there was no ability
for the House to act on them.
We should all remember last year when the Republicans tried to
filibuster the Agriculture appropriations bill by offering silly
amendment after silly amendment, cutting a program by $50,000, then
$75,000 and then $100,000. And we should all remember earlier this year
when the Republicans attempted to kill the Labor-HHS appropriations
bill by replacing it in committee with the Interior bill. So when my
friends on the other side of the aisle complain about the lack of
regular order, I would suggest they take a good, long look in the
mirror.
And this bill isn't perfect. Because of the intransigence by the
White House, there are a lot of programs that I care deeply about that
are underfunded. But this is the best product we could hope for under
these circumstances. Thanks to the hard work and dedication of the
chairman of the House Appropriations Committee, David Obey, and his
incredible staff, there are some bright spots in this bill.
First and foremost are the increases in LIHEAP and WIC. This bill
fully funds LIHEAP, something the Republicans never did, and increases
funding for the WIC program by $1 billion over 2008. At a time when
energy and food prices are skyrocketing, we cannot and will not ignore
the plight of Americans who are struggling to heat their homes or put
food on the table. I am also pleased the bill includes $23.5 million
more for the Commodity Supplemental Food Program. This increase will
prevent 70,000 low-income women, infants, children and seniors from
losing access to food.
I am also pleased that there is a $2.5 billion increase in Pell
Grants. Unfortunately, this will not restore Pell Grants to the
original purchasing power, but it is a good start that will prevent
potential cuts in student aid that could come during the school year.
Another critical component of this continuing resolution is the
disaster aid package. Earlier this year, Iowa and the Midwest were hit
with disastrous floods. Wildfires have caused major damage in the West.
And this hurricane season has already been deadly and costly with
Hurricanes Gustav and Ike causing major damage in the gulf coast
States. This continuing resolution includes almost $23 billion to
address these natural disasters. Funding will be directed to FEMA, the
Community Development Block Grants Program, the Army Corps of
Engineers, and several other important disaster recovery efforts that
will help these ravaged areas across our Nation. I am also pleased that
there is $100 million to help Haiti recover from Ike and other
hurricanes, and another $100 million for international food aid to
provide emergency food assistance.
In addition, the fiscal year 2009 Defense, Military Construction and
Veterans Affairs, and Homeland Security appropriations bills are all
included in this continuing resolution. There is no higher priority
than providing funding for our military and for the men and women who
defend our Nation.
Finally, let me comment on what is not in this bill. Unfortunately,
and at the insistence of the White House, there is no economic stimulus
package, no new money for food stamps, unemployment insurance or
Medicaid. There is no new money for transportation projects to help
jumpstart our ailing economy, and there is no ban on offshore drilling.
Mr. Speaker, I simply cannot understand how this President and his
Republican partners in the House and Senate can ask for a $700 billion
blank check for Wall Street, but oppose $50 billion to help people
afford to put food on the table or to make ends meet while they look
for a job in this ailing economy or prevent States from cutting health
care benefits to people on Medicaid.
Republicans like to say that people have to pull themselves up by
their own bootstraps. Well, it's hard to do that if you can't afford
any boots. During these tough economic times, it is critical that we
help all Americans, not just the fat cats on Wall Street. Yet as
Katrina and this economic crisis here have shown, the Republican Party
has no interest in helping the people who need it most.
Again, Mr. Speaker, the good news is that this is the last time that
we will have to deal with this President and his budgetary priorities.
Help, I believe, is on the way. With a new administration and more
Democrats in Congress, we will be able to finally act on these
priorities of the American people.
Mr. Speaker, I reserve the balance of my time.
Mr. HASTINGS of Washington. I want to thank my friend from
Massachusetts (Mr. McGovern) for yielding me the customary 30 minutes,
and, Mr. Speaker, I yield myself as much time as I may consume.
Wow. I couldn't help but listening to my friend from Massachusetts
state at least his interpretation of history, but the fact is, just
when the American people think that Congress can't sink any lower, the
liberal leaders of the House and Senate prove that they are up to this
challenge and they are finding another way to do it.
I have only 30 minutes to speak today, and that's simply not enough
time to detail each of the many broken promises that the Democrat
majority made to the American people in the election of 2006, and they
have promptly done exactly the opposite. For brevity's sake, let me
just list some of the more egregious:
Democrat leaders promised the most open House in history. That means
allowing Members the open opportunity to offer amendments on the House
floor to change and improve legislation. Instead of a record of
openness, the Democrats have delivered the most closed down, sit-down-
shut-up record in the history of this country. That's not an
exaggeration, it's a fact. Sixty-three times the Members of this House
have been totally blocked from offering even one amendment on the House
floor. They have not just set the record for closing down the House,
they have shattered it and left it in the dust. They promised one thing
to get elected in 2006, and then promptly have done another thing.
In addition to shutting down the House and taking away the ability of
Members to offer amendments and alternatives on bills, they perfected a
procedure that should be known as the Pelosi ping-pong. It's a trick,
it's a gimmick, a game that allows the House and Senate to just ping-
pong a bill back and forth between the two Chambers while writing in
secret the text of the final legislation that will eventually become
law.
They play the Pelosi ping-pong to bypass and sneak around the normal
process of holding conference committees where the House and the Senate
work in public to bridge differences and publicly write final texts of
new laws. By playing Pelosi ping-pong, Democrats keep Members of the
House, Members of the Senate and the American people in the dark while
they work in a back-room way cutting deals, stuffing in unvetted
earmarks, and hiding the process from public scrutiny.
Despite their loud complaints and protests about conference
committees not being properly followed when they were in the minority
just 2 years ago,
[[Page 20943]]
Speaker Pelosi and Senator Harry Reid have abandoned them almost
completely in this Congress for this far more abusive and secret game
they are now playing.
Speaker Pelosi promised that if the Rules Committee met in the dead
of the night, after 10 p.m., that the House would not act on that bill
the following day. Yet here we are, early this afternoon, considering a
rule and a bill that the Rules Committee didn't even begin meeting on
until after 11 p.m. last night. It's another broken promise to the
American people.
Speaker Pelosi and the liberal leaders of this House promised that a
bill would be available for 24 hours before the House would vote on it.
This would allow Members to read it and know what they are voting on.
The text of this massive bill was not made available to the Rules
Committee until 11 p.m. last night. It's over 1,100 pages long, yet the
24-hour waiting period promised by Speaker Pelosi has been abandoned.
This massive bill is being rushed through the House.
The rules of the House were also unilaterally rewritten by Speaker
Pelosi and the Democrats to block a vote on a fair trade agreement with
Colombia, which is America's strongest ally in South America. The rules
don't say there has to be a yes vote on the agreement, only that it
hold a fair yes-or-no vote in a timely manner.
Yet instead of respecting our best ally and holding a vote on the
agreement, Democrats chose to, instead, change the rules. So this fair
trade agreement is essentially being held hostage and is locked away
someplace, probably in the basement of the Capitol.
The fact is, Colombia already has open access to sell most of their
goods into America. It's American farmers and businesses that face
tariffs and hurdles to be able to sell their crops and goods into
Colombia. This trade agreement is about fairness for American farmers
and American workers.
The people that Democrats are hurting by blocking a vote on this fair
trade agreement are Americans. Colombia has one-way access to our
country, which Democrats have overwhelmingly voted on to give them. By
passing this agreement, we would be making it a two-way street and give
Americans fair access to Colombia. That should be what fair trade is
all about.
Also, Speaker Pelosi and the Democrat leaders promised that earmarks
would be scrutinized and be subject to debate and challenge on the
House floor. Yet this 1,000-plus page bill contains an untold number of
earmarks that have never seen the light of day. They have not been
through a public review of any kind, no committee hearing, no debate on
the House floor, no Senate and House conference committee review.
And today the House is going to spend a grand total of 1 hour
reviewing this bill.
{time} 1230
Mr. Speaker, that is not a broken promise, it really is
irresponsible.
Now, the reason why this liberal Congress finds itself in this mess
is because the fiscal year ends on September 30, and they have yet to
pass a single one of the 12 appropriation bills needed to fund the
Federal Government starting October 1. This Congress has totally failed
in its most basic job.
They shut down the work of the Appropriations Committee. In fact, in
the middle of a working markup, they literally gaveled the committee to
close, got up and left the room and just quit working. I should qualify
that, they quit working in public because Democrats have been working
feverishly behind closed doors to write this massive spending bill.
But why did Democrats punt on their basic responsibility and retreat
to work in secret and walk out of a markup? It is because Speaker
Pelosi and the Democrats are doing everything they possibly can to
prevent us from lowering gas prices by producing more American-made
energy with offshore drilling.
Democrats are so opposed to drilling offshore that they shut down the
work of the Appropriations Committee. But the good news, Mr. Speaker,
on this issue they have failed. Republicans have succeeded in forcing
the ban on offshore drilling to be lifted despite the massive battle
that Democrats waged for months to try and block it. With passage of
this bill, the moratorium on offshore drilling will be lifted.
Yet, of course, this is just the first step. Democrats have shown the
incredible lengths they will go to to block drilling. While they have
been beaten this time, Americans, Mr. Speaker, should not be fooled.
Democrats have chosen to play possum because election day is
approaching and they want to hide from voters who support drilling
offshore. There is much more to do, both now and after election day, to
ensure that offshore drilling becomes a reality. But the reality is,
Mr. Speaker, that Democrats and their allies will continue to use
lawsuits and other tactics to block America from becoming more energy
independent.
So, Mr. Speaker, this Democrat Congress has broken promise after
promise to the American people. It has failed to do the most basic job
to pass 12 funding bills by October 1. It is now jamming through a bill
that was only made public at 11 p.m. last night, a little over 13\1/2\
hours ago. It is a bill that is over 1,000 pages long. It is a bill
written in secret, spends hundreds of billions of dollars and includes
untold numbers of earmarks that haven't been publicly vetted. The House
will debate this monster piece of legislation for just one hour.
Mr. Speaker, for these many reasons, I urge my colleagues to oppose
this rule and the underlying bill.
I reserve the balance of my time.
Mr. McGOVERN. Mr. Speaker, I always love to listen to the gentleman
from Washington State, my colleague on the Rules Committee. But I have
to say that I don't think there is a single American who hasn't
concluded that they have had enough of the Republicans and their
misplaced priorities. We are in a financial mess right now because of
their fiscal policies, and we need to try to figure out a way to dig
ourselves out.
But I found it interesting, I think I got the quote right, he talked
about stuffing in ``unvetted earmarks.'' Well, a quick look at the
earmarks, which are published, by the way, are on the Website of the
Rules Committee, I see the gentleman has some earmarks in here. I don't
know whether or not the portable launch and recovery system and
unmanned aerial vehicle operation was unvetted and stuffed in in some
secret room.
Mr. HASTINGS of Washington. Would the gentleman yield?
Mr. McGOVERN. I yield to the gentleman.
Mr. HASTINGS of Washington. I appreciate the gentleman yielding.
This particular earmark you're talking about and the others that I
have sponsored have been vetted. In fact, they were in last year's
appropriations bill. I have no problem with earmarks being vetted.
Mr. McGOVERN. Reclaiming my time, I would say to the gentleman that
all of the earmarks in here went through the same process that he went
through. So it is just a little bit frustrating to hear some of my
friends on the other side of the aisle complain about earmarks when
they have earmarks in this bill.
Mr. Speaker, I would also remind people that in this bill is $22.9
billion for disaster relief to deal with the disasters in Iowa and
Florida.
I will point out to my friends in this Chamber that my Republican
friends on the Rules Committee all voted last night to block this bill
from coming to the floor and block this disaster relief from getting to
where it needs to go.
At this time I yield 3 minutes to the gentleman from Iowa (Mr.
Braley).
Mr. BRALEY of Iowa. Mr. Speaker, I would like to thank my friend from
Massachusetts for yielding.
Mr. Speaker, I rise today to commend the passage of $22.3 billion in
domestic disaster relief. This is critical funding which will help my
State of Iowa make a full recovery from the unprecedented natural
disasters that hit our State this summer.
I have been working hard to secure this funding for months now, ever
since
[[Page 20944]]
my district was ravaged by record floods and tornadoes which destroyed
farms and businesses and displaced thousands of Iowans.
I am especially pleased that this disaster relief package includes
$6.5 billion in community development block grant funding which will
provide devastated communities with the flexible grants they need to
provide temporary housing, repair and replace damaged homes and public
infrastructure, and fund critical economic development activities.
I am also pleased that the package includes $7.9 billion for FEMA
disaster relief funds which will help ensure that FEMA can continue its
work helping communities recover from recent disasters, and provide the
resources necessary to respond to future disasters.
In addition to the damage to homes, schools, hospitals, businesses
and cropland, Iowa also experienced serious infrastructure damages,
including damage to numerous railroad bridges like the one here in
downtown Waterloo that is pictured to my right.
I fought very hard to repair and replace this damaged rail
infrastructure, so I am glad that my efforts have paid off in this bill
with funding that includes $20 million to fund the repair and
replacement of damaged bridges, tracks and other rail infrastructure in
Iowa.
I pushed hard for funding for months, ever since the House put its
initial deposit down of $2.65 billion in June. I am glad that the
second disaster relief package is becoming a reality.
I also encourage the Bush administration to ensure that this disaster
relief gets to Iowans and other affected individuals around the country
as soon as possible. Only yesterday, after these tragedies occurred in
May and June, did the initial installment of $85 million of community
development block grant funding get released from the $300 million we
approved in June. Three months is too long to wait when Iowans are
struggling to recover as we speak. There are hundreds of millions of
dollars remaining from our initial $2.65 billion package, and the House
is on the verge of passing billions more. The administration needs to
get this money to the people who need it.
The recovery process in Iowa has been very challenging. The
infrastructure demands are great. Cities like Aplington-Parkersburg
lost their high school, Waverly-Shell Rock lost elementary schools.
Wastewater treatment facilities throughout my district and necessary
improvements to infrastructure are not being met.
This funding will provide critical assistance to people in need all
over this country. I pledge to fight and continue these efforts to
rebuild Iowa and other areas of the country until we finally achieve
the victory of recovery.
Mr. HASTINGS of Washington. Mr. Speaker, before I yield to the
distinguished ranking member of the Rules Committee, I yield myself 30
seconds.
Mr. Speaker, I am talking about unvetted earmarks in this bill, and I
would be happy to yield to my friend from Massachusetts if he would
tell me that he has, and stake his reputation, and he is a very
valuable member of this committee, that there are no unvetted earmarks
in this massive bill.
I will yield to the gentleman if he will give me a ``yes'' or ``no''
answer.
Mr. McGOVERN. I thank the gentleman.
I can simply say to the gentleman, all of my earmarks are vetted. I
hope yours are. I mean, there is a process here. The deal is that----
Mr. HASTINGS of Washington. Reclaiming my time. Reclaiming my time,
Mr. Speaker.
The SPEAKER pro tempore. The gentleman from Washington controls the
time.
Mr. HASTINGS of Washington. Mr. Speaker, I asked the gentleman about
unvetted earmarks, and his response was only his. I was talking about
earmarks that everybody else would make, and the gentleman couldn't
answer me.
With that, Mr. Speaker, I yield to the gentleman from California (Mr.
Dreier), the ranking member of the Rules Committee.
Mr. DREIER. Mr. Speaker, I thank my friend for yielding.
I have to say that it is very sad that we are here at this point,
having gone through the past several Congresses with the then-minority
maligning us for not having completed our work. In the last Congress, I
am happy we were able to actually pass out of the House 11
appropriations bills. In this Congress, one appropriations bill, this
session of Congress has passed out of the House. It is unfortunate
having been maligned so viciously for such a long period of time that
here we are using a structure which is one that was used only once in
the 109th Congress, and it is a structure that denies any Member an
opportunity to provide even the slightest opportunity for an amendment.
No motion to recommit, no substitute, no amendment at all.
This is actually concurring in a Senate amendment with an amendment
which is a procedure that has now been used 15 times in this Congress
to completely subvert the rights of the minority to do anything, to
have, as I say, one bite at the apple. It saddens me that we are doing
that again.
And I think back to the promises that were made 2 years ago right now
when we were in the midst of the 2006 campaign. We were promised that
if we in fact allowed Nancy Pelosi to become Speaker of the House of
Representatives, it would be a whole new day and the kind of horrible
action that we had seen in the past would be history.
What we were told, Mr. Speaker, is we would not see closed rules.
This happens to be the 63rd closed rule that we have had in this
Congress, the largest number of closed rules, again preventing any
Member from having any opportunity to offer any amendment at all. Not
one single amendment allowed, and this is the 63rd closed rule. Mr.
Speaker, never before in the 230-year history of the Republic have we
had the number of closed rules that we have had in the 110th Congress.
And then you look at the promises for things like not meeting after
10 p.m. in the Rules Committee. Last night we met right up until
midnight. You look at all of these promises that were made, and it is
sad that the only statement that I regularly hear from my good friends
on the other side of the aisle is how horrible we were.
I was privileged to serve as chairman of the Rules Committee, and we
continue to hear, well, you did this and how horrible it was when you
were chairman of the Rules Committee.
Mr. Speaker, they never once talk about the promises that were made
to be different. I never, never thought that they would be as bad as
they have been when it comes to this process of deliberation. Frankly,
where we are right now with this rule for consideration of this measure
is exactly that, denying any opportunity whatsoever. And again, it is
the 15th time in this Congress where we have concurred in a Senate
amendment with an amendment which again shuts out--and, by the way, we
never, we never contemplated doing this, Mr. Speaker, in the
consideration of an appropriations bill. Appropriations bills, as we
all know, are regularly considered under by and large a completely open
process.
Having said that, I will say, and we had our exchange with the
distinguished chairman of the Appropriations Committee last night,
there are some things in this bill that I am very, very happy about. My
distinguished colleague from North Carolina, Virginia Foxx, along with
our colleagues Mike Pence, Tom Price and others, and I was privileged
to be here on one occasion, they were here virtually every single day
during the month of August. Why? Well, to refresh the memories of our
colleagues, Mr. Speaker, and yours as well, at the very end of the
month of July just as Congress was getting ready to leave for the month
of August, we were arguing that we should in fact have a debate and a
vote on considering a wide range of proposals that the American people
had said that we should at least have a vote on that would allow us to
see the price of gasoline come down, that would allow us to see the
cost of the price of natural gas come down, and allow us to vigorously
pursue important alternative energy sources--wind, solar, biodiesel,
green crude, nuclear. We said in late July
[[Page 20945]]
that we should have a debate and we should not leave the Congress, we
should not leave Washington until we completed that.
And so on the last day, by a one-vote margin, the minority was denied
an opportunity to be able to even speak, to even address this issue. So
we all know what happened right after. Even when the gavel came down
and by a one-vote margin the majority chose to cut off specials orders
that would have simply been an opportunity to talk about the need for
looking at alternative energy sources and allowing for exploration on
the Outer Continental Shelf and ANWR and other areas, what happened,
well, Members on our side of the aisle took to the well, when the
lights were dim and there were only tourists who were here in the
Chamber. Mr. Speaker, that went on during the entire month of August.
During the entire month of August.
And the American people were able to come in, fill this Chamber, even
though the lights were out and the microphones weren't working, and
Members on our side, led by Virginia Foxx and the others whom I have
mentioned, they talked about the need for us to have an all-of-the-
above solution to the problem of high gasoline prices and overall high
energy prices.
We are still dealing with that serious problem. I see my fellow
Angeleno, Jane Harman, here. In Southern California, we pay very high
prices for gasoline and people drive great distances. I know that her
constituents, just as mine are, are very, very concerned about high
gasoline prices. They still want to see the cost of gasoline go down
and do what we can to get gasoline costs down and deal with
transportation and a wide range of other issues.
{time} 1245
I was really struck when, over that August break, Santa Barbara's
County Board of Supervisors--Santa Barbara, California, and to refresh
your memory, Mr. Speaker, 39 years ago, one of the most horrendous oil
spills took place off the coast of Santa Barbara. Seals, birds, it
killed, all kinds of devastation, because of this horrible oil spill
that took place 39 years ago.
And yet, Mr. Speaker, what has happened is the members of the Santa
Barbara County Board of Supervisors have recognized that the technology
that exists in 2008 is dramatically advanced from that that existed 39
years ago when we saw that horrible oil spill. They know that today we
have safety valves and lots of other advances that have been made that
will work to ensure that we would not see that kind of accident.
And so what has happened, even in Santa Barbara County, California,
the County Board of Supervisors voted to allow exploration in the Outer
Continental Shelf. They said that they don't have the power to do it,
but they voted in favor of doing that.
And so, Mr. Speaker, I've got to say that one of the good things in
this measure is that we are going to, with its passage, see the
expiration of that moratorium that was put into place following the
Santa Barbara oil spill in 1969. It's existed for a long period of
time, but the American people recognize that we can, in an
environmentally sound way, in a safe way, engage in this kind of
responsible exploration.
I also want to say that as we look at this overall energy issue,
there are many other things that need to be addressed that are not
being addressed. Yes, we are taking some of these things in a piecemeal
way. Why? Because both Democrats and Republicans alike have heard from
their constituents about the need to deal with high energy costs and so
some of these things are being addressed.
But we have been arguing, Mr. Boehner and others, that we need to
have this all-of-the-above solution. And so I want to say again to my
colleague, Virginia Foxx, and to the others who virtually every single
day during the month of August, came here, stood in a dark Chamber
without the benefit of a microphone talking to a place filled with
tourists who were here and getting a very, very positive response,
thank them for continuing to keep this issue in behalf of the American
people on the forefront, in the forefront in this debate.
I will say that again there are other items in this measure that are
important. But one thing that I find particularly troubling is the date
at which time this continuing resolution will expire. I happen to
believe that, as we look at the economic challenges that we are facing,
and we all know that we've had meetings with the Secretary of the
Treasury and the Chairman of the Federal Reserve and a wide range of
other people who are involved in trying to responsibly deal with a
rescue package that we are going to have to face, I have grave concerns
about what I've seen, but it is an issue which we need to address.
Creating American jobs and getting the economy growing is the single
most important thing that we can do to deal with the fiscal crisis that
we face right now. Economic growth is the key. And that's why I'm
troubled with this March 6, 2009, expiration date, Mr. Speaker.
Why? Because by virtue of our taking this action, we, I believe,
will, for all intents and purposes, not have a chance to vote on a
very, very important agreement, a trade agreement that is designed to
pry open new markets, to create jobs right here in the United States of
America. And I'm talking, first and foremost, about the very important
Colombia Free Trade Agreement.
Now, Mr. Speaker, we all know that the State of Ohio is a State that
has suffered from the economic slowdown. There are great products that
are made in Ohio, in Illinois and other States that have been
suffering. Caterpillar tractors, Whirlpool washing machines and
refrigerators and all. Those things could be sold in great numbers to
the 40 million consumers in Colombia, tariff-free, if we were to
actually pass the Colombia Free Trade Agreement. Unfortunately,
extending this continuing resolution to March of next year, I believe,
will play a big role in diminishing the prospect for a so-called lame
duck session that would allow us to do that.
This is a slap, not only at Colombia, our strongest ally on the South
American continent, but at all of Latin America, and, Mr. Speaker, it
is a slap at any country in the world that might be contemplating
embarking on negotiations with the United States of America in its
attempt to deal with this.
Ms. KAPTUR. Will the gentleman yield?
Mr. DREIER. I would be happy to yield to my friend from Ohio.
Ms. KAPTUR. I thank the gentleman for yielding. Since you mentioned
the State of Ohio, I thought I should just state for the record that
the vast numbers of people in our State do not favor the extension of
NAFTA to Colombia. Indeed, the entire Catholic and Christian
communities as well or other organized against this agreement because
of the horrendous treatment of Afro-Colombians on the northwestern side
of Colombia, as well as the massive killing of labor leaders, the
largest number in the world, more than all other countries, combined.
So we place human life first, and I just wanted to thank the gentleman,
but I don't think you should use the State of Ohio in your argument
about Colombia trade. I thank you for yielding to me.
Mr. DREIER. Mr. Speaker, I thank my friend for her very thoughtful
contribution, and let me just respond to a couple of points.
First and foremost, I place human life first, at the top. And so I
think it's absolutely essential, I would say to my friend from Ohio,
that she know that that is priority number 1. Human rights are priority
number 1. And the fact is, we have seen Colombia, as a nation, in a 5-
year period of time, go through a more positive transformation than any
nation in modern history. And the fact that the Colombian Government,
under President Uribe, has stood up and fought very, very vigorously in
behalf of bringing to justice those who have been responsible for any
killings. The demobilization, taking people who have been part of the
FARC and the paramilitaries and bringing them into society, Democrats
and Republicans alike have seen that
[[Page 20946]]
time and time again as I have in two recent trips that I have taken to
Colombia.
I want to say, Mr. Speaker, the reason I mentioned the State of Ohio
is that I want to do everything that I possibly can to create more good
jobs for the constituents of Ms. Kaptur and other Ohioans throughout
the State. Whirlpool is a very important Ohio company, and this
agreement will allow workers for Whirlpool to create products that can
be sold into Colombia.
And so all I'm arguing, Mr. Speaker, is that by virtue of having this
date, it is a slap at the American worker and it is undermining our
chance to get this economy growing again by prying open these new
markets so that we can export our goods and services into the country.
Mr. Speaker, again, there are good things in this measure, but I am
strongly opposed to this rule, the structure around which we are
considering it.
Mr. McGOVERN. I yield myself such time as I may consume.
Mr. Speaker, let me just rise to associate myself with the remarks of
my colleague from Ohio (Ms. Kaptur) on the Colombia Free Trade
Agreement. Colombia continues to be the most dangerous place in the
world to be a member of a union. It is number 2 in the number of
internally displaced people, the largest number of internally displaced
people, second in the world. And extrajudicial killings by security
forces are on the rise.
So if we're going to have a trade agreement, and human rights
matters, then I don't think it's too much to ask the Colombian security
forces to stop killing and targeting its workers.
Mr. DREIER. Will the gentleman yield?
Mr. McGOVERN. I yield to my friend for 30 seconds.
Mr. DREIER. I thank my friend, and say that all we're asking for is a
vote on this issue. I understand that the gentleman has a different
view on this question, Mr. Speaker. It's very clear that he does.
I happen to believe that humans rights are very, very important, and
we should recognize that enhancing the economies of both the United
States and Colombia will help in that effort.
All we're saying is that we've been denied a vote, something that has
never happened since the 1974 Trade Act was put into place under this
structure, and by virtue of having this March 6, 2009, date, we're
denying even a chance for a vote because I suspect we won't have a lame
duck session.
Mr. McGOVERN. I would also disagree that a Colombia Free Trade
agreement is going to help create more jobs in Ohio or Massachusetts or
anywhere else for that matter.
Mr. Speaker, I also, going back to what the gentleman from Washington
State had talked about earlier, he mentioned stuffing in unvetted
earmarks. I've been going through the bill here, and I found that the
ranking Republican member of the Rules Committee has a number of
earmarks, too. You may want to check with him whether or not he vetted
them and whether they went through the proper process. I assume they
did, because I would not expect anything less from him. But I want to
point out again that as you go through this bill, you see a number of
earmarks that are attributed directly to the Republicans.
Mr. Speaker, at this time I would like to yield 1 minute to the
gentleman from Wisconsin (Mr. Obey).
Mr. OBEY. Mr. Speaker, I would simply point out to the gentleman who
was expressing concern about earmarks in the Defense bill, that if this
CR represented the CR that I wanted to bring to the House floor, it
would not contain the Defense bill. The original CR that I brought
forward did not contain the Defense bill. The Defense bill was added at
the express request of the minority and at the express request of the
Secretary of Defense who wrote us the following letter:
``I understand that there is a consideration in the House to not
include full year funding for the Department of Defense in the fiscal
year 2009 continuing resolution.
``While I understand that some have expressed policy concerns with
the bill, I believe it is critical for the orderly operation of the
Department of Defense that Congress pass a full year fiscal 09 Defense
appropriation bill in order to avoid the significant negative effects
of having to operate under a continuing resolution.
``Accordingly, I urge you to include such an appropriation bill in
the final continuing resolution.''
When you make concessions such as we did to this letter, I'm sorry if
the clock doesn't give us enough time to do so in a pristinely orderly
fashion, but we simply had to move this forward to keep the government
open.
Mr. HASTINGS of Washington. Mr. Speaker, what is the time on both
sides?
The SPEAKER pro tempore. The gentleman from Washington has 6 minutes
remaining, and the gentleman from Massachusetts has 14 minutes
remaining.
Mr. HASTINGS of Washington. Mr. Speaker, I yield myself 2 minutes.
Mr. Speaker, the normal process for appropriation bills are for them
to come to the House floor and be debated under an open rule with the
earmarks that are in the bill being open for everybody to look at them.
Now I find it rather interesting, when other Members were talking I
saw my friend and his staff from Massachusetts frantically going
through this 1,100 page bill to try to find earmarks. Well, if we'd
gone through normal process, we would have known what those earmarks
are. I have always said that I am one that is not necessarily opposed
to them, but I think there ought to be transparency to this whole
process. And there hasn't been any transparency, because only one, Mr.
Speaker, only one of the appropriation bills was passed by the House,
and that was not done under an open rule.
Had we had the normal process, all these earmarks would have been
vetted, asked about, explained and so forth. But here we are, 1 hour to
debate this 1,100-page bill of which there are three appropriation
bills a part of this CR, and no real process to look at what the
earmarks are. That's my whole point. Nothing more than that.
Yet because we aren't going through the regular order as we say, open
process, in fact we go through 63 closed rules, Members don't have an
opportunity to find out how the taxpayers' money is being spent on
particular earmarks that all Members of this House have an opportunity
to put in these bills. Mr. Speaker, I just wonder what the qualms are
over there. It's their process, they run this place, and it hasn't been
open.
I reserve my time.
Mr. McGOVERN. Mr. Speaker, I yield myself 30 seconds.
I would just say that the American people can see what earmarks exist
in this bill and who is responsible for those earmarks because it is
open. What the gentleman is complaining about is he can't play politics
with some of the earmarks on the floor today.
The other thing is, I will restate what the chairman of the
Appropriations Committee said. The reason why the Defense
appropriations bill is in this continuing resolution is because of the
request of the Republican administration.
Having said that, Mr. Speaker, I would like to yield 3 minutes to the
gentlewoman from California (Ms. Harman).
Ms. HARMAN. I thank the gentleman for yielding. He is one of the most
conscientious Members of this House, and I enjoy being his partner and
working together.
{time} 1300
Mr. Speaker, there is much to admire and support in this Continuing
Appropriations Act. As usual, Chairmen Murtha and Edwards have crafted
excellent Defense and MilCon-VA appropriations bills. Disaster relief
and LIHEAP funding are critical to support, and I'm aware of many other
efforts by Chairman Obey to make this CR help those in need.
But the act contains two huge flaws which I would like to speak to
this morning. First, the homeland security portion of the bill
effectively allows
[[Page 20947]]
some funding for the hastily erected and legally suspect National
Applications Office, or NAO. The NAO is intended to make feed from U.S.
defense intelligence satellites, our most powerful spy satellites,
available to DHS and, in the future, to State and local law
enforcement. The specific capabilities of these satellites are
classified, but I can say that their ability to capture detailed visual
data about activities on the ground is truly stunning.
Before we stand up a new office to turn these powerful satellites
toward America, I believe there must be a comprehensive legal framework
in place to protect the rights and liberties of Americans. As we speak,
that comprehensive framework does not exist.
I agree with the GAO, which recently completed a study of the NAO,
and concluded that ``DHS has not fully justified its certification that
the NAO complies with applicable laws.'' The GAO says there are
significant unresolved legal and policy issues regarding the use of
satellite images in law enforcement. There are weak management controls
to ensure compliance with the law, and unaddressed privacy and civil
liberty concerns.
Second, on a different topic, Mr. Speaker, I am dismayed, as are many
of my constituents, that this act allows the moratorium on drilling in
the Outer Continental Shelf to lapse. That moratorium has been in place
for two decades in Republican and Democratic administrations and
Republican and Democratic Congresses.
I know that this lapse is not the favored outcome of many in my
party, and I recognize that a new President could reverse it, but that
doesn't mean we should signal we are ready even now to impose drilling
as close as 3 miles off our coasts when a State does not want that
drilling. I am aware that the Republican Governor in my State does not
want that drilling.
According to the Bush administration's own Energy Information
Administration, if we open the entire Outer Continental Shelf for
drilling tomorrow, we could expect an increased domestic production of
200,000 barrels of oil per day by 2030. The world consumes around 80
million barrels of oil per day today, and so the impact on oil prices
from such a minuscule increase would be, and I quote the Bush
administration, ``insignificant.''
And what do we risk for this ``insignificant'' increase in supply?
Well, we risk thousands of miles of environmentally sensitive and
economically indispensable coastline in California, South Carolina,
Florida and elsewhere, and we increase our carbon footprint. These are
not risks we should take, Mr. Speaker.
Mr. HASTINGS of Washington. I reserve my time.
Mr. McGOVERN. Mr. Speaker, I yield 3 minutes to the gentlewoman from
Texas (Ms. Jackson-Lee).
Ms. JACKSON-LEE of Texas. Mr. Speaker, on behalf of the people of the
State of Texas, and all of my colleagues that have been working on the
devastation that we experienced in Hurricane Ike, I say thank you to
our leadership and chairman of the Appropriations Committee and my
colleague, Chairman Obey, and the staff, because disasters always need
the benevolence and the friendship of the American people. And I thank
you very much for your concern about the people in the Midwest and on
the gulf region who have suffered, through no fault of their own.
And so this is what our newspaper looks like every day for the last
10 days. The picture is one of a gentleman, 80 years old, Roy Krause in
my district, with a tree protruding out of his house. His wife is in
the hospital, no lights, no place to go. Galveston and regions around
are suffering. And so I am very pleased that we can see the light at
the end of the tunnel.
This rule is necessary so that we can begin to help people. The $6.5
billion in CDBG money, one-third of it will be out of Washington, into
the hands of the State of Texas, in 60 days. We have thousands of
people returning as evacuees with no place to live; $400 billion for
Economic Development Agency because we have businesses whose lights are
still out; $800 million to FEMA that could help our businesses that
have suffered business interruption.
I met a couple as I was giving out MREs and water and ice. They had
just come back from being evacuated. They are on hourly wages. They
don't know how they're going to pay their rents.
Social services block grants, $600 million. Because of our utility
company, CenterPoint, we have hospital and nursing homes today without
power and electricity. Those hospitals cannot dry out because they
don't have power. And so this grant that we will have will be
necessary.
The Army Corps of Engineers, we don't have levees. I'm grateful for
the levees. We have bayous that overran themselves and flooded people.
So we are grateful for this, $200,000 in an earmark that I was able to
secure for predisaster work and $1 million for flooding.
But the real crux is human needs. We need this money now. And in
addition to this legislation, I'm glad that we are taking care of our
veterans, many of whom were displaced because of the hurricane,
homeless veterans, people who were about to transition to a better
life, then got wiped out.
Yes, we need moneys for the Red Cross, and I support the $150 million
that they need, but I really want this money to get to our people.
And finally let me say, some of this devastation comes about because
our utility companies were too worried about profits than performance,
and so I have 180 schools that are out because of lack of power. I'm
glad this bill will provide moneys from FEMA for public buildings to
help them rebuild.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. McGOVERN. I yield the gentlewoman an additional 30 seconds.
Ms. JACKSON-LEE of Texas. But let me say this to my colleagues, we
have got to address the crumbling infrastructure in America.
The PUC of Texas ordered our utility company to precut limbs, to
rebuild their power lines, to make them metal. They did not do it, and
now we have close to 800,000 people without power still, not because we
are trying to get more than we expect after a disaster, but it is
because we have poor performance. Our trees are down. They are
confused. They don't have an organized special needs list. My nursing
homes are without power. My hospitals are without power.
I'll be writing legislation to correct this immediately and provide
penalties for those who cannot provide service.
Mr. Speaker, I rise today in support of H.R. 2638, the Consolidated
Security, Disaster Assistance, and Continuing Appropriations Act.
Although this legislation does not include the important legislative
and policy language I sought to help my fellow Houstonians and Texans
on the road to recovery from the devastation of Hurricane Ike, it does
appropriate $22.9 billion in disaster assistance, which will help
communities in Texas and across the nation rebuild, rejuvenate their
local economies, and take steps to fortify ourselves from future
disasters.
I have been working diligently and tirelessly to prepare for the
devastation wreaked by Hurricane Ike since September 11, and I have
been in Houston nearly every day since Hurricane Ike hit landfall to
assist my constituents and my fellow Texans respond to and recover from
the widespread impact. The government should not abrogate its
responsibility over the general welfare of its citizens, and all levels
of government (federal, state, and local) must do a better job of
coordinating and ensuring that relief is delivered in a timely and
efficient manner. I am optimistic that this bipartisan legislation does
that by assisting the victims and states affected by Hurricane Ike,
especially in Texas, get on the road to recovery.
I worked with Chairman Obey and my fellow Texan colleagues to
appropriate $7.9 billion in disaster relief funds for FEMA so that this
Agency can continue helping communities recover from Hurricane Ike by
using these funds for emergency housing, school repairs, debris
removal, infrastructure improvements, emergency protective measures,
utility repairs, and water facilities. I also worked to provide $6.5
billion in Community Development Block Grants (CDBGs), which are
flexible grants that help communities recover from disasters by
providing temporary housing, repairing and replacing damaged homes and
public infrastructure, and stimulating economic development activities.
I also worked to include $600 million in social services block grants
to provide
[[Page 20948]]
states with flexible sources of funding to address emerging needs
ranging from food assistance to urgent healthcare needs. We also have
appropriated $1.3 billion to the Army Corps of Engineers to repair
damage to infrastructure, especially bayous, drainage channels, and
levees to bolster flood control efforts. Furthermore, we have
appropriated $799 million for loans and technical assistance by the
Small Business Administration (SBA) to businesses and homeowners who
have been hit hard and need increased assistance. This legislation also
includes assistance for emergency highway relief, levees in New
Orleans, wildfires, economic development assistance, international
disasters, and international food aid.
While Hurricane Ike has left an enormous amount of devastation, it
has brought out the amazing unity, strength and resilience that Texans
and Americans possess. Whether rich or poor, black or white, young or
old, Democrat or Republican, everyone has been working together to
rebuild and move forward. This is a great testament to the
insurmountable American spirit.
More than 60 Americans and over 28 Texans have died as a result of
Hurricane Ike. In addition, the hurricane has caused millions of
dollars of damage in Houston and Galveston and billions of dollars
damage throughout the Nation. After touring the devastation throughout
the Houston and Galveston area, it is clear that the funds I helped
secure for FEMA and CDBG grants are needed to help residents with
recovery efforts in Houston and throughout Texas.
As a senior Member of the House Homeland Security Committee, which
has oversight over FEMA and DHS, I saw firsthand the waste, fraud, and
abuse that occurred in the response and recovery effort to Hurricane
Katrina. Furthermore, the almost exclusive use of major, national
contractors marginalized and excluded small, minority, and local
contractors from participating in the cleanup and rebuilding of New
Orleans in particular. This exclusion of small, minority, and local
contractors cannot be allowed to occur again in the response and
recovery effort in Houston and throughout Texas. I am committed to
exercising my oversight over funds appropriated to DHS and FEMA to
ensure that they utilize, small, minority, and local businesses that
must play an integral role in the recovery and rebuilding of their
communities.
Furthermore, the response efforts to Hurricane Ike in Texas,
unfortunately similar to Hurricane Katrina in Louisiana but to a
smaller extent, revealed breakdowns in communication between the state
and local government on the one hand and FEMA and the Federal
Government on the other hand. These communication failures resulted in
unnecessary and avoidable delays in deploying vital resources to
individuals and families in need. I look forward to hearing from the
panelists on how we can increase the role that FEMA can play in the
response and recovery efforts to natural disasters in order to ensure
the most expeditious and efficient decision-making process possible.
Whether it be through legislation or simply improved preparation and
communication, we must take concrete steps to ensure that in the
ongoing recovery effort, bureaucratic barriers are eliminated and
minimized and that resources are deployed to individuals and families
in need efficaciously.
Nearly 6 million people nationwide and over 2.5 million Texas
residents lost electricity and approximately \1/3\ Houstonians still
have not regained power. This is unacceptable. CenterPoint, and to a
smaller extent Entergy, have demonstrated that their utility
infrastructure is lacking and insufficient to deal with a disaster of
this magnitude. Clearly, we need to invest substantial funds to improve
our electric grids to ensure that the disparate impact on vulnerable
populations such as the elderly, disabled, and impoverished, are
corrected and are never allowed to reoccur. Furthermore, I am drafting
legislation to ensure that utility companies who ignore recommendations
to upgrade their power infrastructure and fail to prepare for natural
disasters face both civil and criminal liability for their negligent
actions.
Also, nearly 1 million people evacuated before Hurricane Ike and tens
of thousands of Houstonians and Texans are facing a major housing
crisis that must be addressed. The City of Houston will need over $2
billion for emergency shelters, temporary housing, removal of debris,
emergency protective measures, and repairs for infrastructure, schools,
and water facilities. The City of Houston also estimates that it will
require over $300 million in CDBG grants for permanent housing to
address this housing crisis. I am confident that I will have the strong
support of my congressional colleagues in my efforts to ensure that
Houston and Texas receives the funds it so desperately needs on the
road to recovery.
Also, the procedure for reimbursement of uninsured home damage is
extremely cumbersome and slow and must be streamlined to assist
families on the path to recovery. The current steps which allow for
applicants to be rejected by the Small Business Administration (SBA)
after they have registered with FEMA and have had their homes inspected
and their losses assessed is broken and must be fixed.
Although I support the additional support of our troops included in
the Defense Appropriations portion of this legislation, I still must
reluctantly oppose allowing President Bush to continue a war which the
American people also oppose by failing to impose timelines for
withdrawal. However this legislation also restores the crucial American
priorities shortchanged by the President's proposed budget, this
legislation restores vital homeland security programs, life-saving
medical research, education for our children, financial aid for
secondary studies, energy independence, and services for seniors.
Throughout this year, the Democratic-led Congress has worked to
restore these critical programs, and this omnibus appropriations bill
represents the final rejection of the President's misguided budget
cuts. Instead, this legislation provides funding for medical research,
health care access, and rural hospitals. It increases funding for K-12
education, student aid, and vocational education. This legislation
invests in our Nation's first responders, invests in highway
infrastructure, and in a safe future for our children through renewable
energy.
Mr. Speaker, it is essential that the Congress, as the direct
representatives of the American people, approve appropriations
legislation that reflects the priorities of the American people. That
is what this bill does. It restores funding, supported by a strong,
bipartisan majority, for a wide variety of American needs. Even as the
President asks for billions more to fund a war that the majority of
Americans do not support, he proposes to essentially freeze most
domestic funding.
In addition, I am pleased to have been able to secure funding for a
number of projects benefiting the citizens of the 18th congressional
district of Texas such as $1 million for Harris County Flood Control
District, $200,000 for City of Houston, and $200,000 for FEMA Pre-
Disaster Mitigation. These funds will be crucial to ensure the havoc
wreaked by Hurricane Ike is not repeated.
Mr. Speaker, while I am pleased with many of the provisions of this
legislation, this legislation contains some language which is
unacceptable to me, and is unacceptable to the American people. My
colleagues and I in the House of Representatives have tried, numerous
times, to provide funds for the troops in Iraq specifically linked to a
requirement for the immediate commencement of the redeployment of U.S.
forces.
As lawmakers continue to debate U.S. policy in Iraq, our heroic young
men and women continue to willingly sacrifice life and limb on the
battlefield. Our troops in Iraq did everything we asked them to do. We
sent them overseas to fight an army; they are now caught in the midst
of an insurgent civil war and continuing political upheaval. The United
States will not and should not permanently prop up the Iraqi government
and military. U.S. military involvement in Iraq will come to an end,
and, when U.S. forces leave, the responsibility for securing their
nation will fall to Iraqis themselves. However, whether or not my
colleagues agree that the time has come to withdraw our American forces
from Iraq, I believe that all of us in Congress should be of one accord
that our troops deserve our sincere thanks and congratulations.
Mr. Speaker, we have already lost over 4,100 American lives and $500
billion in taxpayer dollars in Iraq. We have occupied the country for
over four years. And our President continues to push a strategy devoid
of clear direction and visible targets, while rejecting congressional
calls to solidify an exit strategy.
In November 2006, the American people clearly stated that they did
not want to see an endless conflict in Iraq; they went to the polls and
elected a new, Democratic Congress to lead our nation out of Iraq. I am
proud to be a member of the Congressional class that listens and
adheres to the will of the American people, as we did when both houses
of Congress approved Iraq Supplemental bills that instituted a
timetable for U.S. withdrawal. We need a new direction, because we owe
our brave, fighting men and women so much more. Washington made a
mistake in going to war. It is time for politicians to admit that
mistake and fix it before any more lives are lost.
This Congress will not, as the previous Republican Congress did,
continue to rubber stamp what we believe to be an ill-conceived war. As
we continue to receive reports on the situation in Iraq, it is
important that we continue to look forward, to the future of Iraq
beyond a U.S. military occupation.
[[Page 20949]]
Despite the multitude of mistakes perpetrated by President Bush and
former Defense Secretary Rumsfeld, our troops have achieved a military
success in ousting Saddam Hussein and assisting the Iraqis in
administering a democratic election and electing a democratic
government. However, only the Iraqi government can secure a lasting
peace. Time and time again, the Iraqi government has demonstrated an
inability to deliver on the political benchmarks that they themselves
agreed were essential to achieving national reconciliation. Continuing
to put the lives of our soldiers and our national treasury in the hands
of what by most informed accounts, even by members of the Bush
Administration, is an ineffective central Iraqi government is
irresponsible and contrary to the wishes of the overwhelming majority
of the American people.
Our nation has already paid a heavy price in Iraq. Over 4,100
American soldiers have died. In addition, more than 30,600 have been
wounded in the Iraq war since it began in March 2003. This misguided,
mismanaged, and misrepresented war has claimed too many lives of our
brave servicemen; its depth, breadth, and scope are without precedent
in American history. In addition, the U.S. is spending an estimated $10
billion per month in Iraq. This $10 billion a month translates into
$329,670,330 per day, $13,736,264 per hour, $228,938 per minute, and
$3,816 per second. Ultimately, many estimate that Bush's misadventure
in Iraq will cost over $1 trillion.
Mr. Speaker, this House previously passed legislation providing our
brave soldiers in Iraq with the resources they need, while requiring
that the President begin to redeploy our troops. We have worked
tirelessly to keep our soldiers and our nation safe. The open-ended war
funding provided by this legislation is not the will of the American
people, and I am proud to stand here, on their behalf, and oppose this
legislation.
Mr. McGOVERN. Mr. Speaker, I yield 3 minutes to the distinguished
gentleman from New Hampshire (Mr. Hodes).
Mr. HODES. Mr. Speaker, I thank the gentleman for yielding me the
time.
I want to commend Chairman Obey and members of the Appropriations
Committee for working together to bring this continuing resolution to
the floor today.
One area I want to specifically address is LIHEAP, the Low-Income
Heating Assistance Program. Thousands of the people I represent in New
Hampshire are staring out at a cold winter ahead and record-high home
heating oil prices. This continuing resolution provides $5.1 billion
for the heating assistance program. While this is a record amount of
funding for the program, it unfortunately will do little more than
provide the same amount of fuel to the same number of families as New
Hampshire covered last year, leaving thousands of families with no
assistance at all. I am deeply disappointed that we could not find more
to help meet the needs of families in my district and in districts
around this country.
What this lack of funding will mean is that many eligible families
for this program will not be able to receive assistance to keep their
homes warm this winter. I will reluctantly support what is before us
because this crisis is too important for us to come home emptyhanded
this winter.
But I want to express my frustration that we cannot find more funding
for the families in New Hampshire and around the country who will not
be able to get critical heating assistance this winter. Many folks are
going to have to choose between heating their homes and feeding their
families.
This week, Congress is discussing and debating the proposed $700
billion bailout of Wall Street. It is bitterly ironic that this
Congress will shortchange families struggling to keep their homes warm
this winter but still find money to bail out Wall Street.
As we debate the administration's financial package this week and
contemplate their reckless disregard for the welfare of the American
people, Members and leaders on both sides of the aisle should think
long and hard about spending $700 billion of taxpayer money on bad Wall
Street debt, while millions of our own taxpayers will not be able to
heat their homes this winter.
Mr. HASTINGS of Washington. Mr. Speaker, I'm pleased to yield 2\1/2\
minutes to the gentleman from New York (Mr. Walsh), a valuable member
of the Appropriations Committee, who is leaving the Congress after this
term.
Mr. WALSH of New York. Mr. Speaker, I thank my good friend from
Washington for yielding me the time.
I am very disappointed. After the disappointment of moving to
minority in the year 2007, I took some solace in the fact that the
three highest elected Democratic leaders are all members of the
Appropriations Committee, and I thought that they would work the will
of the committee within the committee.
I am disappointed that in my last year as a member of the
Appropriations Committee this majority has not seen fit to bring one
regular spending bill before the House of Representatives.
It is no secret that I do not always agree with the current President
on spending levels, but even if I did, he is brought into the process
only after we complete our work. He has been a primary consideration
throughout this process, and that's why we haven't worked our will.
In short, we gave up a fight without a fight, and that disappoints
me, and that should disappoint those we represent.
We gave up without letting the Appropriations Committee work its
will, without letting the membership of the House work its will.
The Senate is the Senate. We have no control over what happens or,
more likely, what doesn't happen over there, but we do have control
over whether or not the House gets its job done, and quite frankly,
that did not happen this year.
So here we are, punting on second down.
Having said that, Mr. Speaker, I must say that as I reflect on my 20
years here, 16 of those on the Appropriations Committee, 12 of those as
a subcommittee Chair on this, I believe, the greatest committee of the
House of Representatives, there's been much more satisfaction than
disappointment.
As this is probably the last time I will address this body on a
pending appropriations bill, I respectfully ask my Chair and the
members of the committee to in the future restore regular order and
protect the prerogatives of this committee. It is of signal importance
to the Congress that the Appropriations Committee perform its will.
Mr. McGOVERN. Mr. Speaker, if I could yield myself 30 seconds, I just
want to say to the gentleman from New York (Mr. Walsh) that it has been
a pleasure and honor to serve with him in the Congress, and I think I
speak for Democrats and Republicans when I say that we will miss him.
Mr. Speaker, at this time, I would like to ask the gentleman from
Washington whether he has any other speakers.
Mr. HASTINGS of Washington. Mr. Speaker, I have no other requests for
time.
Mr. McGOVERN. Neither do I, so I reserve my time.
Mr. HASTINGS of Washington. Mr. Speaker, I will yield myself the
balance of my time.
Mr. Speaker, I'm going to urge my colleagues to vote ``no'' on the
previous question because, by defeating the previous question, I will
move to amend the rule to ensure that the Congress will not adjourn,
Mr. Speaker, until a comprehensive energy legislation bill has been
enacted.
What this means, Mr. Speaker, is passing an all-of-the-above energy
plan that, in addition to drilling offshore, we need to open the Arctic
National Wildlife Refuge, or ANWR, and shale oil reserves in other
parts of our country. We also need to extend renewable energy
incentives. We need to streamline approval of new refining capacity in
the United States and nuclear power facilities in the United States,
and we need to encourage advanced research and development of clean
coal, coal-to-liquid, and carbon sequestration technologies.
And finally, we need to minimize drawn-out legal challenges that
unreasonably delay and prevent actual domestic energy production,
because I had mentioned earlier, Mr. Speaker, that while the offshore
is now open on October 1 to exploration, I'm almost sure that the
lawsuits will ensue. The
[[Page 20950]]
bill that I will be amending this rule to contemplate takes care of
that provision.
So, Mr. Speaker, I ask unanimous consent to have the text of the
amendment and extraneous materials inserted into the Record prior to a
vote on the previous question.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Washington?
There was no objection.
Mr. HASTINGS of Washington. Mr. Speaker, I'm going to ask my
colleagues now to vote ``no'' on the previous question so that we can
simply amend the rule and take up this legislation.
With that, I yield back the balance of my time.
Mr. McGOVERN. How much time do I have, Mr. Speaker?
The SPEAKER pro tempore. The gentleman from Massachusetts has 4
minutes remaining.
Mr. McGOVERN. Mr. Speaker, I yield myself the balance of the time.
Mr. Speaker, it's important that we pass this continuing resolution
for a number of reasons. One is it contains money for LIHEAP. With the
high cost of energy, we need to make sure that people have the
emergency assistance so they can heat their homes, so they don't have
to choose between heating their homes and their medication, or heating
their homes and food.
{time} 1315
We need to support this bill because it has money to help combat
hunger--which unfortunately, under this administration's watch, has
gotten worse in this country. There are people in the United States who
are hungry, and that is something that every one of us should be
ashamed of.
We need to pass this bill because it contains money for disaster
relief. We have had hurricanes in Florida and Texas. We have had floods
in Iowa. People are in need of assistance from the Federal Government
to help rebuild. Why anybody would want to hold that up is beyond me.
We need to support this bill because it supports our troops. And we
need to support this bill because it supports our veterans. We have a
lot of talk around here about how we have to support our troops and
veterans, and yet here we have an effort to try to block a bill that
will do just that.
Mr. Speaker, this bill is about keeping the government running. And I
gotta tell you, I, for one, am glad that this bill will take us into
March because hopefully in March we will have a different leadership in
the White House; we will be moving in a vastly different direction than
the one this President and his Republican allies in this Congress have
taken us over the last 8 years. We are in a fiscal mess. Our economy is
on the verge of collapse as a result of the incompetence and the
inability of this administration to lead us in the right direction.
Enough. Enough.
It is time for us to move forward. It is time for us to get this work
done. I would urge a ``yes'' vote on the previous question and a
``yes'' vote on the rule.
The material previously referred to by Mr. Hastings of Washington is
as follows:
Amendment to H. Res. 1488 Offered by Mr. Hastings of Washington
At the end of the resolution add the following new section:
Sec. 4. It shall not be in order in the House to consider a
concurrent resolution providing for an adjournment of either
House of Congress until comprehensive energy legislation has
been enacted into law that includes provisions designed to--
(A) allow states to expand the exploration and extraction
of natural resources along the Outer Continental Shelf;
(B) open the Arctic National Wildlife Refuge and oil shale
reserves to environmentally prudent exploration and
extraction;
(C) extend expiring renewable energy incentives;
(D) encourage the streamlined approval of new refining
capacity and nuclear power facilities;
(E) encourage advanced research and development of clean
coal, coal-to-liquid, and carbon sequestration technologies;
and
(F) minimize drawn out legal challenges that unreasonably
delay or prevent actual domestic energy production.
____
(The information contained herein was provided by
Democratic Minority on multiple occasions throughout the
109th Congress.)
The Vote on the Previous Question: What It Really Means
This vote, the vote on whether to order the previous
question on a special rule, is not merely a procedural vote.
A vote against ordering the previous question is a vote
against the Democratic majority agenda and a vote to allow
the opposition, at least for the moment, to offer an
alternative plan. It is a vote about what the House should be
debating.
Mr. Clarence Cannon's Precedents of the House of
Representatives, (VI, 308-311) describes the vote on the
previous question on the rule as ``a motion to direct or
control the consideration of the subject before the House
being made by the Member in charge.'' To defeat the previous
question is to give the opposition a chance to decide the
subject before the House. Cannon cites the Speaker's ruling
of January 13, 1920, to the effect that ``the refusal of the
House to sustain the demand for the previous question passes
the control of the resolution to the opposition'' in order to
offer an amendment. On March 15, 1909, a member of the
majority party offered a rule resolution. The House defeated
the previous question and a member of the opposition rose to
a parliamentary inquiry, asking who was entitled to
recognition. Speaker Joseph G. Cannon (R-Illinois) said:
``The previous question having been refused, the gentleman
from New York, Mr. Fitzgerald, who had asked the gentleman to
yield to him for an amendment, is entitled to the first
recognition.''
Because the vote today may look bad for the Democratic
majority they will say ``the vote on the previous question is
simply a vote on whether to proceed to an immediate vote on
adopting the resolution . . . [and] has no substantive
legislative or policy implications whatsoever.'' But that is
not what they have always said. Listen to the definition of
the previous question used in the Floor Procedures Manual
published by the Rules Committee in the 109th Congress, (page
56). Here's how the Rules Committee described the rule using
information from Congressional Quarterly's ``American
Congressional Dictionary'': ``If the previous question is
defeated, control of debate shifts to the leading opposition
member (usually the minority Floor Manager) who then manages
an hour of debate and may offer a germane amendment to the
pending business.''
Deschler's Procedure in the U.S. House of Representatives,
the subchapter titled ``Amending Special Rules'' states: ``a
refusal to order the previous question on such a rule [a
special rule reported from the Committee on Rules] opens the
resolution to amendment and further debate.'' (Chapter 21,
section 21.2) Section 21.3 continues: ``Upon rejection of the
motion for the previous question on a resolution reported
from the Committee on Rules, control shifts to the Member
leading the opposition to the previous question, who may
offer a proper amendment or motion and who controls the time
for debate thereon.''
Clearly, the vote on the previous question on a rule does
have substantive policy implications. It is one of the only
available tools for those who oppose the Democratic
majority's agenda and allows those with alternative views the
opportunity to offer an alternative plan.
Mr. McGOVERN. I yield back the balance of my time, and I move the
previous question on the resolution.
The SPEAKER pro tempore. The question is on ordering the previous
question.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. HASTINGS of Washington. Mr. Speaker, on that I demand the yeas
and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 and clause 9 of rule
XX, this 15-minute vote on ordering the previous question will be
followed by 5-minute votes on adoption of the resolution, if ordered;
and the motion to suspend the rules with regard to S. 3001.
The vote was taken by electronic device, and there were--yeas 231,
nays 198, not voting 4, as follows:
[Roll No. 629]
YEAS--231
Abercrombie
Ackerman
Allen
Altmire
Andrews
Arcuri
Baca
Baird
Baldwin
Barrow
Bean
Becerra
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Boren
Boswell
Boucher
Boyd (FL)
Brady (PA)
Braley (IA)
Brown, Corrine
Butterfield
Capps
Capuano
Cardoza
Carnahan
Carney
Carson
Castor
Chandler
Clarke
Clay
Cleaver
Clyburn
Cohen
Conyers
Cooper
Costa
Costello
Courtney
Cramer
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
[[Page 20951]]
Davis, Lincoln
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Donnelly
Doyle
Edwards (MD)
Edwards (TX)
Ellison
Ellsworth
Emanuel
Engel
Eshoo
Etheridge
Farr
Fattah
Filner
Foster
Frank (MA)
Giffords
Gillibrand
Gonzalez
Gordon
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hastings (FL)
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hodes
Holden
Holt
Honda
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick
Kind
Klein (FL)
Lampson
Langevin
Larsen (WA)
Larson (CT)
Lee
Levin
Lewis (GA)
Lipinski
Loebsack
Lofgren, Zoe
Lowey
Lynch
Mahoney (FL)
Maloney (NY)
Markey
Marshall
Matsui
McCarthy (NY)
McCollum (MN)
McDermott
McGovern
McIntyre
McNerney
McNulty
Meek (FL)
Meeks (NY)
Melancon
Michaud
Miller (NC)
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murtha
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Perlmutter
Peterson (MN)
Pomeroy
Price (NC)
Rahall
Rangel
Reichert
Reyes
Richardson
Rodriguez
Ros-Lehtinen
Ross
Rothman
Roybal-Allard
Ruppersberger
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shays
Shea-Porter
Sherman
Shuler
Sires
Skelton
Slaughter
Smith (WA)
Snyder
Solis
Space
Speier
Spratt
Stark
Stupak
Sutton
Tanner
Tauscher
Taylor
Thompson (CA)
Thompson (MS)
Towns
Tsongas
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Walz (MN)
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Wexler
Wilson (OH)
Woolsey
Wu
Yarmuth
NAYS--198
Aderholt
Akin
Alexander
Bachmann
Bachus
Barrett (SC)
Bartlett (MD)
Barton (TX)
Biggert
Bilbray
Bilirakis
Blackburn
Blunt
Boehner
Bonner
Bono Mack
Boozman
Boustany
Brady (TX)
Broun (GA)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Carter
Castle
Cazayoux
Chabot
Childers
Coble
Cole (OK)
Conaway
Crenshaw
Culberson
Davis (KY)
Davis, David
Davis, Tom
Deal (GA)
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Drake
Dreier
Duncan
Ehlers
Emerson
English (PA)
Everett
Fallin
Feeney
Ferguson
Flake
Forbes
Fortenberry
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gilchrest
Gingrey
Gohmert
Goode
Goodlatte
Granger
Graves
Hall (TX)
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Hobson
Hoekstra
Hulshof
Hunter
Inglis (SC)
Issa
Johnson, Sam
Jones (NC)
Jordan
Keller
King (IA)
King (NY)
Kingston
Kirk
Kline (MN)
Knollenberg
Kucinich
Kuhl (NY)
LaHood
Lamborn
Latham
LaTourette
Latta
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas
Lungren, Daniel E.
Mack
Manzullo
Marchant
Matheson
McCarthy (CA)
McCaul (TX)
McCotter
McCrery
McHenry
McHugh
McKeon
McMorris Rodgers
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Moran (KS)
Murphy, Tim
Musgrave
Myrick
Neugebauer
Nunes
Paul
Pearce
Pence
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Porter
Price (GA)
Pryce (OH)
Putnam
Radanovich
Ramstad
Regula
Rehberg
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Roskam
Royce
Ryan (WI)
Sali
Saxton
Scalise
Schmidt
Sensenbrenner
Sessions
Shadegg
Shimkus
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Souder
Stearns
Sullivan
Tancredo
Terry
Thornberry
Tiahrt
Tiberi
Tierney
Turner
Upton
Walberg
Walden (OR)
Walsh (NY)
Wamp
Weldon (FL)
Weller
Westmoreland
Whitfield (KY)
Wilson (NM)
Wilson (SC)
Wittman (VA)
Wolf
Young (AK)
Young (FL)
NOT VOTING--4
Bishop (UT)
Boyda (KS)
Cubin
Rush
{time} 1344
Messrs. GARRETT of New Jersey, GILCHREST and CHILDERS changed their
vote from ``yea'' to ``nay.''
So the previous question was ordered.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore. The question is on the resolution.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. HASTINGS of Washington. Mr. Speaker, on that I demand the yeas
and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 228,
nays 202, not voting 3, as follows:
[Roll No. 630]
YEAS--228
Abercrombie
Ackerman
Allen
Altmire
Andrews
Arcuri
Baca
Baldwin
Barrow
Bean
Becerra
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Boren
Boswell
Boucher
Boyd (FL)
Boyda (KS)
Brady (PA)
Braley (IA)
Brown, Corrine
Butterfield
Capps
Capuano
Cardoza
Carnahan
Carney
Carson
Castor
Cazayoux
Chandler
Childers
Clarke
Clay
Cleaver
Clyburn
Cohen
Conyers
Cooper
Costa
Costello
Courtney
Cramer
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis, Lincoln
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Donnelly
Doyle
Edwards (MD)
Edwards (TX)
Ellison
Ellsworth
Emanuel
Engel
Eshoo
Etheridge
Farr
Fattah
Filner
Foster
Frank (MA)
Giffords
Gillibrand
Gonzalez
Gordon
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hastings (FL)
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hodes
Holden
Holt
Honda
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson, E. B.
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick
Kind
Klein (FL)
Lampson
Langevin
Larsen (WA)
Larson (CT)
Lee
Levin
Lewis (GA)
Lipinski
Loebsack
Lofgren, Zoe
Lowey
Lynch
Mahoney (FL)
Maloney (NY)
Markey
Marshall
Matheson
Matsui
McCarthy (NY)
McCollum (MN)
McDermott
McGovern
McIntyre
McNerney
McNulty
Meek (FL)
Meeks (NY)
Melancon
Michaud
Miller (NC)
Miller, George
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murtha
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Perlmutter
Peterson (MN)
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Richardson
Rodriguez
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Sires
Skelton
Slaughter
Smith (WA)
Snyder
Solis
Space
Speier
Spratt
Stark
Stupak
Sutton
Tanner
Tauscher
Taylor
Thompson (CA)
Thompson (MS)
Tierney
Towns
Tsongas
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Walz (MN)
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Wexler
Wilson (OH)
Woolsey
Wu
Yarmuth
NAYS--202
Aderholt
Akin
Alexander
Bachmann
Bachus
Baird
Barrett (SC)
Bartlett (MD)
Barton (TX)
Biggert
Bilbray
Bilirakis
Blackburn
Blunt
Boehner
Bonner
Bono Mack
Boozman
Boustany
Brady (TX)
Broun (GA)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Carter
Castle
Chabot
Coble
Cole (OK)
Conaway
Crenshaw
Culberson
Davis (KY)
Davis, David
Davis, Tom
Deal (GA)
DeFazio
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Drake
Dreier
Duncan
Ehlers
Emerson
English (PA)
Everett
Fallin
Feeney
Ferguson
Flake
Forbes
Fortenberry
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gilchrest
Gingrey
Gohmert
Goode
Goodlatte
Granger
Graves
Hall (TX)
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Hobson
Hoekstra
Hulshof
Hunter
Inglis (SC)
Issa
Johnson (IL)
Johnson, Sam
Jones (NC)
Jordan
Keller
King (IA)
King (NY)
Kingston
Kirk
Kline (MN)
Knollenberg
Kucinich
Kuhl (NY)
LaHood
Lamborn
Latham
LaTourette
Latta
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas
Lungren, Daniel E.
Mack
Manzullo
Marchant
McCarthy (CA)
McCaul (TX)
McCotter
McCrery
McHenry
[[Page 20952]]
McHugh
McKeon
McMorris Rodgers
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Mitchell
Moran (KS)
Murphy, Tim
Musgrave
Myrick
Neugebauer
Nunes
Paul
Pearce
Pence
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Porter
Price (GA)
Pryce (OH)
Putnam
Radanovich
Ramstad
Regula
Rehberg
Reichert
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Roskam
Royce
Ryan (WI)
Sali
Saxton
Scalise
Schmidt
Sensenbrenner
Sessions
Shadegg
Shays
Shimkus
Shuler
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Souder
Stearns
Sullivan
Tancredo
Terry
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walberg
Walden (OR)
Walsh (NY)
Wamp
Weldon (FL)
Weller
Westmoreland
Whitfield (KY)
Wilson (NM)
Wilson (SC)
Wittman (VA)
Wolf
Young (AK)
Young (FL)
NOT VOTING--3
Bishop (UT)
Cubin
Hirono
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). Members are reminded that
there are 2 minutes remaining in this vote.
{time} 1353
So the resolution was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated for:
Ms. HIRONO. Madam Speaker, on rollcall No. 630, had I been present, I
would have voted ``yea.''
____________________
FURTHER MESSAGE FROM THE SENATE
A further message from the Senate by Ms. Curtis, one of its clerks,
announced that the Senate has passed without amendment bills of the
House of the following titles:
H.R. 923. An act to provide for the investigation of
certain unsolved civil rights crimes, and for other purposes.
H.R. 1199. An act to extend the grant program for drug-
endangered children.
The message also announced that the Senate has passed with
an amendment in which the concurrence of the House is
requested, a bill of the House of the following title:
H.R. 1343. An act to amend the Public Health Service Act to
provide additional authorizations of appropriations for the
health centers program under section 330 of such Act, and for
other purposes.
____________________
DUNCAN HUNTER NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2009
The SPEAKER pro tempore. The unfinished business is the vote on the
motion to suspend the rules and pass the Senate bill, S. 3001, as
amended, on which the yeas and nays were ordered.
The Clerk read the title of the Senate bill.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Missouri (Mr. Skelton) that the House suspend the rules
and pass the Senate bill, S. 3001, as amended.
This will be a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 392,
nays 39, not voting 2, as follows:
[Roll No. 631]
YEAS--392
Abercrombie
Ackerman
Aderholt
Akin
Alexander
Allen
Altmire
Andrews
Arcuri
Baca
Bachmann
Bachus
Baird
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Blackburn
Blunt
Boehner
Bonner
Bono Mack
Boozman
Boren
Boswell
Boucher
Boustany
Boyd (FL)
Boyda (KS)
Brady (PA)
Brady (TX)
Braley (IA)
Broun (GA)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Butterfield
Buyer
Calvert
Camp (MI)
Cannon
Cantor
Capito
Capps
Cardoza
Carnahan
Carney
Carson
Carter
Castle
Castor
Cazayoux
Chabot
Chandler
Childers
Clarke
Clay
Cleaver
Clyburn
Coble
Cohen
Cole (OK)
Conaway
Cooper
Costa
Costello
Courtney
Cramer
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Davis (AL)
Davis (CA)
Davis (KY)
Davis, David
Davis, Lincoln
Davis, Tom
Deal (GA)
DeGette
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly
Doolittle
Doyle
Drake
Dreier
Edwards (TX)
Ehlers
Ellsworth
Emanuel
Emerson
Engel
English (PA)
Eshoo
Etheridge
Everett
Fallin
Farr
Fattah
Feeney
Ferguson
Filner
Forbes
Fortenberry
Fossella
Foster
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gillibrand
Gingrey
Gohmert
Gonzalez
Goode
Goodlatte
Gordon
Granger
Graves
Green, Al
Green, Gene
Grijalva
Hall (NY)
Hall (TX)
Hare
Harman
Hastings (FL)
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Herseth Sandlin
Higgins
Hill
Hinojosa
Hirono
Hobson
Hodes
Hoekstra
Holden
Holt
Honda
Hooley
Hoyer
Hulshof
Hunter
Inglis (SC)
Inslee
Israel
Issa
Jefferson
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Jordan
Kagen
Kanjorski
Kaptur
Keller
Kennedy
Kildee
Kilpatrick
Kind
King (IA)
King (NY)
Kingston
Kirk
Klein (FL)
Kline (MN)
Knollenberg
Kuhl (NY)
LaHood
Lamborn
Lampson
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Latta
Levin
Lewis (CA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lucas
Lungren, Daniel E.
Lynch
Mack
Mahoney (FL)
Maloney (NY)
Manzullo
Marchant
Marshall
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul (TX)
McCollum (MN)
McCotter
McCrery
McDermott
McGovern
McHenry
McHugh
McIntyre
McKeon
McMorris Rodgers
McNerney
McNulty
Meek (FL)
Melancon
Mica
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Mitchell
Mollohan
Moore (KS)
Moran (KS)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
Musgrave
Myrick
Nadler
Napolitano
Neal (MA)
Neugebauer
Nunes
Oberstar
Obey
Ortiz
Pallone
Pascrell
Pastor
Pearce
Pence
Perlmutter
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pomeroy
Porter
Price (GA)
Price (NC)
Pryce (OH)
Putnam
Radanovich
Rahall
Ramstad
Rangel
Regula
Rehberg
Reichert
Renzi
Reyes
Reynolds
Richardson
Rodriguez
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Roskam
Ross
Rothman
Roybal-Allard
Royce
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Salazar
Sali
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Saxton
Scalise
Schiff
Schmidt
Schwartz
Scott (GA)
Scott (VA)
Sensenbrenner
Sessions
Sestak
Shadegg
Shays
Shea-Porter
Sherman
Shimkus
Shuler
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Solis
Souder
Space
Spratt
Stearns
Stupak
Sullivan
Sutton
Tancredo
Tanner
Tauscher
Taylor
Terry
Thompson (CA)
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Tsongas
Turner
Udall (CO)
Udall (NM)
Upton
Van Hollen
Visclosky
Walberg
Walden (OR)
Walsh (NY)
Walz (MN)
Wamp
Wasserman Schultz
Watt
Waxman
Weiner
Weldon (FL)
Weller
Westmoreland
Wexler
Whitfield (KY)
Wilson (NM)
Wilson (OH)
Wilson (SC)
Wittman (VA)
Wolf
Wu
Yarmuth
Young (AK)
Young (FL)
NAYS--39
Baldwin
Blumenauer
Campbell (CA)
Capuano
Conyers
Davis (IL)
DeFazio
Delahunt
Duncan
Edwards (MD)
Ellison
Flake
Frank (MA)
Gilchrest
Gutierrez
Hinchey
Jackson (IL)
Jackson-Lee (TX)
Kucinich
Lee
Lewis (GA)
Markey
Meeks (NY)
Michaud
Moore (WI)
Olver
Paul
Payne
Schakowsky
Serrano
Speier
Stark
Tierney
Towns
Velazquez
Waters
Watson
Welch (VT)
Woolsey
NOT VOTING--2
Bishop (UT)
Cubin
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). Members are reminded there
are less than 2 minutes remaining on this vote.
{time} 1402
Messrs. PAYNE, DAVIS of Illinois, GUTIERREZ, MARKEY, CAPUANO,
DELAHUNT and MEEKS of New York and Ms. WATERS changed their vote from
``yea'' to ``nay.''
So (two-thirds being in the affirmative) the rules were suspended and
the Senate bill, as amended, was passed.
The result of the vote was announced as above recorded.
[[Page 20953]]
A motion to reconsider was laid on the table.
____________________
CONSOLIDATED SECURITY, DISASTER ASSISTANCE, AND CONTINUING
APPROPRIATIONS ACT, 2009
Mr. OBEY. Mr. Speaker, pursuant to House Resolution 1488, I call up
the bill (H.R. 2638) making appropriations for the Department of
Homeland Security for the fiscal year ending September 30, 2008, and
for other purposes, with a Senate amendment thereto, and ask for its
immediate consideration.
The Clerk read the title of the bill.
The SPEAKER pro tempore (Mr. Ross). The Clerk will designate the
Senate amendment.
The text of the Senate amendment is as follows:
Senate amendment:
Strike out all after the enacting clause and insert:
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2008, for the Department of Homeland
Security and for other purposes, namely:
TITLE I
DEPARTMENT OF HOMELAND SECURITY
DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management
For necessary expenses of the Office of the Secretary of
Homeland Security, as authorized by section 102 of the
Homeland Security Act of 2002 (6 U.S.C. 112), and executive
management of the Department of Homeland Security, as
authorized by law, $100,000,000: Provided, That not to exceed
$40,000 shall be for official reception and representation
expenses: Provided further, That $15,000,000 shall not be
available for obligation until the Secretary certifies and
reports to the Committees on Appropriations of the Senate and
the House of Representatives that the Department has revised
Departmental guidance with respect to relations with the
Government Accountability Office to specifically provide for:
(1) expedited timeframes for providing the Government
Accountability Office with access to records not to exceed 20
days from the date of request; (2) expedited timeframes for
interviews of program officials by the Government
Accountability Office after reasonable notice has been
furnished to the Department by the Government Accountability
Office; and (3) a significant streamlining of the review
process for documents and interview requests by liaisons,
counsel, and program officials, consistent with the objective
that the Government Accountability Office be given timely and
complete access to documents and agency officials: Provided
further, That the Secretary shall make the revisions to
Departmental guidance with respect to relations with the
Government Accountability Office in consultation with the
Comptroller General of the United States.
Office of the Under Secretary for Management
For necessary expenses of the Office of the Under Secretary
for Management, as authorized by sections 701 through 705 of
the Homeland Security Act of 2002 (6 U.S.C. 341 through 345),
$234,883,000, of which not to exceed $3,000 shall be for
official reception and representation expenses: Provided,
That of the total amount, $6,000,000 shall remain available
until expended solely for the alteration and improvement of
facilities, tenant improvements, and relocation costs to
consolidate Department headquarters operations; and
$88,000,000 shall remain available until expended for the
Consolidated Headquarters Project.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, as authorized by section 103 of the Homeland
Security Act of 2002 (6 U.S.C. 113), $30,076,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief
Information Officer, as authorized by section 103 of the
Homeland Security Act of 2002 (6 U.S.C. 113), and Department-
wide technology investments, $321,100,000; of which
$82,400,000 shall be available for salaries and expenses; and
of which $238,700,000, to remain available until expended,
shall be available for development and acquisition of
information technology equipment, software, services, and
related activities for the Department of Homeland Security,
of which $97,300,000 shall be for the National Center for
Critical Information Processing and Storage: Provided, That
none of the funds appropriated shall be used to support or
supplement the appropriations provided for the United States
Visitor and Immigrant Status Indicator Technology project or
the Automated Commercial Environment.
Analysis and Operations
For necessary expenses for information analysis and
operations coordination activities, as authorized by title II
of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.),
$306,000,000, to remain available until September 30, 2009,
of which not to exceed $5,000 shall be for official reception
and representation expenses: Provided, That the Director of
Operations Coordination shall encourage rotating State and
local fire service representation at the National Operations
Center.
Office of the Federal Coordinator for Gulf Coast Rebuilding
For necessary expenses of the Office of the Federal
Coordinator for Gulf Coast Rebuilding, $3,000,000: Provided,
That $1,000,000 shall not be available for obligation until
the Committees on Appropriations of the Senate and the House
of Representatives receive an expenditure plan for fiscal
year 2008.
Office of Inspector General
Operating Expenses
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978 (5 U.S.C. App.), $95,211,000, of which not to exceed
$150,000 may be used for certain confidential operational
expenses, including the payment of informants, to be expended
at the direction of the Inspector General: Provided, That the
Inspector General shall investigate decisions made regarding,
and the policy of the Federal Emergency Management Agency
relating to, formaldehyde in trailers in the Gulf Coast
region, the process used by the Federal Emergency Management
Agency for collecting, reporting, and responding to health
and safety concerns of occupants of housing supplied by the
Federal Emergency Management Agency (including such housing
supplied through a third party), and whether the Federal
Emergency Management Agency adequately addressed public
health and safety issues of households to which the Federal
Emergency Management Agency provides disaster housing
(including whether the Federal Emergency Management Agency
adequately notified recipients of such housing, as
appropriate, of potential health and safety concerns and
whether the institutional culture of the Federal Emergency
Management Agency properly prioritizes health and safety
concerns of recipients of assistance from the Federal
Emergency Management Agency), and submit a report to Congress
relating to that investigation, including any
recommendations.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
Salaries and Expenses
For necessary expenses for enforcement of laws relating to
border security, immigration, customs, and agricultural
inspections and regulatory activities related to plant and
animal imports; purchase and lease of up to 4,500 (2,400 for
replacement only) police-type vehicles; and contracting with
individuals for personal services abroad; $6,601,058,000; of
which $230,316,000 shall remain available until September 30,
2009, to support software development, equipment, contract
services, and the implementation of inbound lanes and
modification to vehicle primary processing lanes at ports of
entry; of which $15,000,000 shall be used to procure
commercially available technology in order to expand and
improve the risk-based approach of the Department of Homeland
Security to target and inspect cargo containers under the
Secure Freight Initiative and the Global Trade Exchange; of
which $3,093,000 shall be derived from the Harbor Maintenance
Trust Fund for administrative expenses related to the
collection of the Harbor Maintenance Fee pursuant to section
9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C.
9505(c)(3)) and notwithstanding section 1511(e)(1) of the
Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which
not to exceed $45,000 shall be for official reception and
representation expenses; of which not less than $226,740,000
shall be for Air and Marine Operations; of which such sums as
become available in the Customs User Fee Account, except sums
subject to section 13031(f)(3) of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)),
shall be derived from that account; of which not to exceed
$150,000 shall be available for payment for rental space in
connection with preclearance operations; of which $40,000,000
shall be utilized to develop and implement a Model Ports of
Entry program and provide resources necessary for 200
additional U.S. Customs and Border Protection officers at the
20 United States international airports that have the highest
number of foreign visitors arriving annually as determined
pursuant to the most recent data collected by U.S. Customs
and Border Protection available on the date of enactment of
this Act, to provide a more efficient and welcoming
international arrival process in order to facilitate and
promote business and leisure travel to the United States
while also improving security; and of which not to exceed
$1,000,000 shall be for awards of compensation to informants,
to be accounted for solely under the certificate of the
Secretary of Homeland Security: Provided, That for fiscal
year 2008, the overtime limitation prescribed in section
5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 267(c)(1))
shall be $35,000; and notwithstanding any other provision of
law, none of the funds appropriated by this Act may be
available to compensate any employee of U.S. Customs and
Border Protection for overtime, from whatever source, in an
amount that exceeds such limitation, except in individual
cases determined by the Secretary of Homeland Security, or
the designee of the Secretary, to be necessary for national
security purposes, to prevent excessive costs, or in cases of
immigration emergencies.
Automation Modernization
For expenses for customs and border protection automated
systems, $476,609,000, to remain
[[Page 20954]]
available until expended, of which not less than $316,969,000
shall be for the development of the Automated Commercial
Environment: Provided, That of the total amount made
available under this heading, $216,969,000 may not be
obligated for the Automated Commercial Environment until the
Committees on Appropriations of the Senate and the House of
Representatives receive a plan for expenditure prepared by
the Secretary of Homeland Security that includes:
(1) a detailed accounting of the program's progress to date
relative to system capabilities or services, system
performance levels, mission benefits and outcomes,
milestones, cost targets, and program management
capabilities;
(2) an explicit plan of action defining how all funds are
to be obligated to meet future program commitments, with the
planned expenditure of funds linked to the milestone-based
delivery of specific capabilities, services, performance
levels, mission benefits and outcomes, and program management
capabilities;
(3) a listing of all open Government Accountability Office
and Office of Inspector General recommendations related to
the program and the status of Department of Homeland Security
actions to address the recommendations, including milestones
for fully addressing them;
(4) a certification by the Chief Financial Officer of the
Department that the program has been reviewed and approved in
accordance with the investment management process of the
Department, and that the process fulfills all capital
planning and investment control requirements and reviews
established by the Office of Management and Budget, including
Circular A-11, part 7;
(5) a certification by the Chief Information Officer of the
Department that an independent validation and verification
agent has and will continue to actively review the program;
(6) a certification by the Chief Information Officer of the
Department that the system architecture of the program is
sufficiently aligned with the information systems enterprise
architecture of the Department to minimize future rework,
including a description of all aspects of the architectures
that were and were not assessed in making the alignment
determination, the date of the alignment determination, any
known areas of misalignment along with the associated risks
and corrective actions to address any such areas;
(7) a certification by the Chief Procurement Officer of the
Department that the plans for the program comply with the
Federal acquisition rules, requirements, guidelines, and
practices, and a description of the actions being taken to
address areas of non-compliance, the risks associated with
them along with any plans for addressing these risks and the
status of their implementation;
(8) a certification by the Chief Information Officer of the
Department that the program has a risk management process
that regularly identifies, evaluates, mitigates, and monitors
risks throughout the system life cycle, and communicates
high-risk conditions to agency and department heads, as well
as a listing of all the program's high risks and the status
of efforts to address them; and
(9) a certification by the Chief Human Capital Officer of
the Department that the human capital needs of the program
are being strategically and proactively managed, and that
current human capital capabilities are sufficient to execute
the plans discussed in the report.
Border Security Fencing, Infrastructure, and Technology
For expenses for customs and border protection fencing,
infrastructure, and technology, $1,000,000,000, to remain
available until expended: Provided, That of the amount
provided under this heading, $500,000,000 shall not be
obligated until the Committees on Appropriations of the
Senate and the House of Representatives receive and approve a
plan for expenditure, prepared by the Secretary of Homeland
Security and submitted within 90 days after the date of
enactment of this Act, that includes:
(1) a detailed accounting of the program's progress to date
relative to system capabilities or services, system
performance levels, mission benefits and outcomes,
milestones, cost targets, and program management
capabilities;
(2) an explicit plan of action defining how all funds are
to be obligated to meet future program commitments, with the
planned expenditure of funds linked to the milestone-based
delivery of specific capabilities, services, performance
levels, mission benefits and outcomes, and program management
capabilities;
(3) a listing of all open Government Accountability Office
and Office of Inspector General recommendations related to
the program and the status of Department of Homeland Security
actions to address the recommendations, including milestones
for fully addressing them;
(4) a certification by the Chief Financial Officer of the
Department that the program has been reviewed and approved in
accordance with the investment management process of the
Department, and that the process fulfills all capital
planning and investment control requirements and reviews
established by the Office of Management and Budget, including
Circular A-11, part 7;
(5) a certification by the Chief Information Officer of the
Department that an independent validation and verification
agent has and will continue to actively review the program;
(6) a certification by the Chief Information Officer of the
Department that the system architecture of the program is
sufficiently aligned with the information systems enterprise
architecture of the Department to minimize future rework,
including a description of all aspects of the architectures
that were and were not assessed in making the alignment
determination, the date of the alignment determination, any
known areas of misalignment along with the associated risks
and corrective actions to address any such areas;
(7) a certification by the Chief Procurement Officer of the
Department that the plans for the program comply with the
Federal acquisition rules, requirements, guidelines, and
practices, and a description of the actions being taken to
address areas of non-compliance, the risks associated with
them along with any plans for addressing these risks and the
status of their implementation;
(8) a certification by the Chief Information Officer of the
Department that the program has a risk management process
that regularly identifies, evaluates, mitigates, and monitors
risks throughout the system life cycle, and communicates
high-risk conditions to agency and department heads, as well
as a listing of all the program's high risks and the status
of efforts to address them;
(9) a certification by the Chief Human Capital Officer of
the Department that the human capital needs of the program
are being strategically and proactively managed, and that
current human capital capabilities are sufficient to execute
the plans discussed in the report;
(10) a description of initial plans for securing the
Northern border and United States maritime border; and
(11) which is reviewed by the Government Accountability
Office.
Air and Marine Interdiction, Operations, Maintenance, and Procurement
For necessary expenses for the operations, maintenance, and
procurement of marine vessels, aircraft, unmanned aircraft
systems, and other related equipment of the air and marine
program, including operational training and mission-related
travel, and rental payments for facilities occupied by the
air or marine interdiction and demand reduction programs, the
operations of which include the following: the interdiction
of narcotics and other goods; the provision of support to
Federal, State, and local agencies in the enforcement or
administration of laws enforced by the Department of Homeland
Security; and at the discretion of the Secretary of Homeland
Security, the provision of assistance to Federal, State, and
local agencies in other law enforcement and emergency
humanitarian efforts, $488,947,000, to remain available until
expended: Provided, That no aircraft or other related
equipment, with the exception of aircraft that are one of a
kind and have been identified as excess to United States
Customs and Border Protection requirements and aircraft that
have been damaged beyond repair, shall be transferred to any
other Federal agency, department, or office outside of the
Department of Homeland Security during fiscal year 2008
without the prior approval of the Committees on
Appropriations of the Senate and the House of
Representatives.
Construction
For necessary expenses to plan, construct, renovate, equip,
and maintain buildings and facilities necessary for the
administration and enforcement of the laws relating to
customs and immigration, $274,863,000, to remain available
until expended; of which $40,200,000 shall be for the
Advanced Training Center.
U.S. Immigration and Customs Enforcement
Salaries and Expenses
For necessary expenses for enforcement of immigration and
customs laws, detention and removals, and investigations; and
purchase and lease of up to 3,790 (2,350 for replacement
only) police-type vehicles; $4,401,643,000, of which not to
exceed $7,500,000 shall be available until expended for
conducting special operations under section 3131 of the
Customs Enforcement Act of 1986 (19 U.S.C. 2081); of which
not to exceed $15,000 shall be for official reception and
representation expenses; of which not to exceed $1,000,000
shall be for awards of compensation to informants, to be
accounted for solely under the certificate of the Secretary
of Homeland Security; of which not less than $102,000 shall
be for promotion of public awareness of the child pornography
tipline; of which not less than $203,000 shall be for Project
Alert; of which not less than $5,400,000 shall be used to
facilitate agreements consistent with section 287(g) of the
Immigration and Nationality Act (8 U.S.C. 1357(g)); and of
which not to exceed $11,216,000 shall be available to fund or
reimburse other Federal agencies for the costs associated
with the care, maintenance, and repatriation of smuggled
illegal aliens: Provided, That none of the funds made
available under this heading shall be available to compensate
any employee for overtime in an annual amount in excess of
$35,000, except that the Secretary of Homeland Security, or
the designee of the Secretary, may waive that amount as
necessary for national security purposes and in cases of
immigration emergencies: Provided further, That of the total
amount provided, $15,770,000 shall be for activities to
enforce laws against forced child labor in fiscal year 2008,
of which not to exceed $6,000,000 shall remain available
until expended.
Federal Protective Service
The revenues and collections of security fees credited to
this account shall be available until expended for necessary
expenses related to the protection of federally-owned and
leased buildings and for the operations of the Federal
Protective Service: Provided, That the Secretary of Homeland
Security and the Director of the Office of Management and
Budget shall certify in
[[Page 20955]]
writing to the Committees on Appropriations of the Senate and
the House of Representatives no later than November 1, 2007,
that the operations of the Federal Protective Service will be
fully funded in fiscal year 2008 through revenues and
collection of security fees: Provided further, That a
certification shall be provided no later than February 10,
2008, for fiscal year 2009: Provided further, That the
Secretary of Homeland Security shall ensure that the
workforce of the Federal Protective Service includes not
fewer than 1,200 Commanders, Police Officers, Inspectors, and
Special Agents engaged on a daily basis in protecting Federal
buildings (under this heading referred to as ``in-service'')
contingent on the availability of sufficient revenue in
collections of security fees in this account for this
purpose: Provided further, That the Secretary of Homeland
Security and the Director of the Office of Management and
Budget shall adjust fees as necessary to ensure full funding
of not fewer than 1,200 in-service Commanders, Police
Officers, Inspectors, and Special Agents at the Federal
Protective Service.
Automation Modernization
For expenses of immigration and customs enforcement
automated systems, $15,000,000, to remain available until
expended: Provided, That of the funds made available under
this heading, $5,000,000 may not be obligated until the
Committees on Appropriations of the Senate and the House of
Representatives receive a plan for expenditure prepared by
the Secretary of Homeland Security.
Construction
For necessary expenses to plan, construct, renovate, equip,
and maintain buildings and facilities necessary for the
administration and enforcement of the laws relating to
customs and immigration, $16,250,000, to remain available
until expended.
Transportation Security Administration
Aviation Security
For necessary expenses of the Transportation Security
Administration related to providing civil aviation security
services pursuant to the Aviation and Transportation Security
Act (Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note),
$5,042,559,000, to remain available until September 30, 2009,
of which not to exceed $10,000 shall be for official
reception and representation expenses: Provided, That of the
total amount made available under this heading, not to exceed
$4,074,889,000 shall be for screening operations, of which
$529,400,000 shall be available only for procurement and
installation of checked baggage explosive detection systems;
and not to exceed $967,445,000 shall be for aviation security
direction and enforcement: Provided further, That security
service fees authorized under section 44940 of title 49,
United States Code, shall be credited to this appropriation
as offsetting collections and shall be available only for
aviation security: Provided further, That the sum herein
appropriated from the General Fund shall be reduced on a
dollar-for-dollar basis as such offsetting collections are
received during fiscal year 2008, so as to result in a final
fiscal year appropriation from the General Fund estimated at
not more than $2,332,344,000: Provided further, That any
security service fees collected in excess of the amount made
available under this heading shall become available during
fiscal year 2009: Provided further, That Members of the
United States House of Representatives and United States
Senate, including the leadership; and the heads of Federal
agencies and commissions, including the Secretary, Under
Secretaries, and Assistant Secretaries of the Department of
Homeland Security; the United States Attorney General and
Assistant Attorneys General and the United States attorneys;
and senior members of the Executive Office of the President,
including the Director of the Office of Management and
Budget; shall not be exempt from Federal passenger and
baggage screening.
Surface Transportation Security
For necessary expenses of the Transportation Security
Administration related to providing surface transportation
security activities, $41,413,000, to remain available until
September 30, 2009.
Transportation Threat Assessment and Credentialing
For necessary expenses for the development and
implementation of screening programs of the Office of
Transportation Threat Assessment and Credentialing,
$67,490,000, to remain available until September 30, 2009.
Transportation Security Support
For necessary expenses of the Transportation Security
Administration related to providing transportation security
support and intelligence pursuant to the Aviation and
Transportation Security Act (Public Law 107-71; 115 Stat.
597; 49 U.S.C. 40101 note), $521,515,000, to remain available
until September 30, 2009: Provided, That of the funds
appropriated under this heading, $20,000,000 may not be
obligated until the Secretary of Homeland Security submits to
the Committees on Appropriations of the Senate and the House
of Representatives a strategic plan required for checkpoint
technologies as described in the joint explanatory statement
of managers accompanying the fiscal year 2007 conference
report (H. Rept. 109-699): Provided further, That this plan
shall be submitted no later than 60 days after the date of
enactment of this Act.
Federal Air Marshals
For necessary expenses of the Federal Air Marshals,
$722,000,000.
United States Coast Guard
Operating Expenses
For necessary expenses for the operation and maintenance of
the United States Coast Guard not otherwise provided for;
purchase or lease of not to exceed 25 passenger motor
vehicles, which shall be for replacement only; payments
pursuant to section 156 of Public Law 97-377 (42 U.S.C. 402
note; 96 Stat. 1920); and recreation and welfare;
$5,930,545,000, of which $340,000,000 shall be for defense-
related activities; of which $24,500,000 shall be derived
from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of
1990 (33 U.S.C. 2712(a)(5)); and of which not to exceed
$10,000 shall be for official reception and representation
expenses: Provided, That none of the funds made available by
this or any other Act shall be available for administrative
expenses in connection with shipping commissioners in the
United States: Provided further, That none of the funds made
available by this Act shall be for expenses incurred for
yacht documentation under section 12109 of title 46, United
States Code, except to the extent fees are collected from
yacht owners and credited to this appropriation.
Environmental Compliance and Restoration
For necessary expenses to carry out the environmental
compliance and restoration functions of the United States
Coast Guard under chapter 19 of title 14, United States Code,
$12,079,000, to remain available until expended.
Reserve Training
For necessary expenses of the Coast Guard Reserve, as
authorized by law; operations and maintenance of the reserve
program; personnel and training costs; and equipment and
services; $126,883,000.
Acquisition, Construction, and Improvements
(including rescissions of funds)
For necessary expenses of acquisition, construction,
renovation, and improvement of aids to navigation, shore
facilities, vessels, and aircraft, including equipment
related thereto; and maintenance, rehabilitation, lease and
operation of facilities and equipment, as authorized by law;
$1,048,068,000, of which $20,000,000 shall be derived from
the Oil Spill Liability Trust Fund to carry out the purposes
of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)); of which $9,200,000 shall be available
until September 30, 2012, to acquire, repair, renovate, or
improve vessels, small boats, and related equipment; of which
$173,600,000 shall be available until September 30, 2010, for
other equipment; of which $37,897,000 shall be available
until September 30, 2010, for shore facilities and aids to
navigation facilities; of which $505,000 shall be available
for personnel related costs; and of which $770,079,000 shall
be available until September 30, 2012, for the Integrated
Deepwater Systems program: Provided, That no funds shall be
available for procurements related to the acquisition of
additional major assets as part of the Integrated Deepwater
Systems program not already under contract until an
Alternatives Analysis has been completed by an independent
qualified third party: Provided further, That no funds
contained in this Act shall be available for procurement of
the third National Security Cutter until an Alternatives
Analysis has been completed by an independent qualified third
party: Provided further, That the Commandant of the Coast
Guard is authorized to dispose of surplus real property, by
sale or lease, and the proceeds shall be credited to this
appropriation as offsetting collections and shall be
available until September 30, 2010: Provided further, That of
amounts made available under this heading in Public Law 109-
90, $48,787,000 for the Offshore Patrol Cutter are rescinded:
Provided further, That of the amounts made available under
this heading in Public Law 109-295, $8,000,000 for the Fast
Response Cutter (FRC-A) are rescinded: Provided further, That
the Secretary shall submit an expenditure plan to the
Committees on Appropriations of the Senate and the House of
Representatives within 60 days after the date of enactment of
this Act for funds made available for the Integrated
Deepwater Program, that: (1) defines activities, milestones,
yearly costs, and life-cycle costs for each procurement of a
major asset; (2) identifies life-cycle staffing and training
needs of Coast Guard project managers and of procurement and
contract staff; (3) includes a certification by the Chief
Human Capital Officer of the Department that current human
capital capabilities are sufficient to execute the plans
discussed in the report; (4) identifies individual project
balances by fiscal year, including planned carryover into
fiscal year 2009 by project; (5) identifies operational gaps
for all Deepwater assets and an explanation of how funds
provided in this Act address the shortfalls between current
operational capabilities and requirements; (6) includes a
listing of all open Government Accountability Office and
Office of Inspector General recommendations related to the
program and the status of Coast Guard actions to address the
recommendations, including milestones for fully addressing
them; (7) includes a certification by the Chief Financial
Officer of the Department that the program has been reviewed
and approved in accordance with the investment management
process of the Department, and that the process fulfills all
capital planning and investment control requirements and
reviews established by the Office of Management and Budget,
including Circular A-11, part 7; (8) identifies competition
to be conducted in each procurement; (9) includes a
certification by the head of contracting activity for the
Coast Guard and the Chief Procurement Officer of the
Department that the plans for the program comply with the
Federal acquisition
[[Page 20956]]
rules, requirements, guidelines, and practices, and a
description of the actions being taken to address areas of
non-compliance, the risks associated with them along with
plans for addressing these risks and the status of their
implementation; (10) identifies the use of independent
validation and verification; and (11) is reviewed by the
Government Accountability Office: Provided further, That the
Secretary of Homeland Security shall submit to the Committees
on Appropriations of the Senate and the House of
Representatives, in conjunction with the President's fiscal
year 2009 budget, a review of the Revised Deepwater
Implementation Plan that identifies any changes to the plan
for the fiscal year; an annual performance comparison of
Deepwater assets to pre-Deepwater legacy assets; a status
report of legacy assets; a detailed explanation of how the
costs of legacy assets are being accounted for within the
Deepwater program; and the earned value management system
gold card data for each Deepwater asset: Provided further,
That the Secretary shall submit to the Committees on
Appropriations of the Senate and the House of Representatives
a comprehensive review of the Revised Deepwater
Implementation Plan every five years, beginning in fiscal
year 2011, that includes a complete projection of the
acquisition costs and schedule for the duration of the plan
through fiscal year 2027: Provided further, That the
Secretary shall annually submit to the Committees on
Appropriations of the Senate and the House of
Representatives, at the time that the President's budget is
submitted under section 1105(a) of title 31, United States
Code, a future-years capital investment plan for the Coast
Guard that identifies for each capital budget line item--
(1) the proposed appropriation included in that budget;
(2) the total estimated cost of completion;
(3) projected funding levels for each fiscal year for the
next five fiscal years or until project completion, whichever
is earlier;
(4) an estimated completion date at the projected funding
levels; and
(5) changes, if any, in the total estimated cost of
completion or estimated completion date from previous future-
years capital investment plans submitted to the Committees on
Appropriations of the Senate and the House of
Representatives:
Provided further, That the Secretary shall ensure that
amounts specified in the future-years capital investment plan
are consistent to the maximum extent practicable with
proposed appropriations necessary to support the programs,
projects, and activities of the Coast Guard in the
President's budget as submitted under section 1105(a) of
title 31, United States Code, for that fiscal year: Provided
further, That any inconsistencies between the capital
investment plan and proposed appropriations shall be
identified and justified.
Alteration of Bridges
For necessary expenses for alteration or removal of
obstructive bridges, as authorized by section 6 of the
Truman-Hobbs Act (33 U.S.C. 516), $16,000,000, to remain
available until expended.
Research, Development, Test, and Evaluation
For necessary expenses for applied scientific research,
development, test, and evaluation; and for maintenance,
rehabilitation, lease, and operation of facilities and
equipment; as authorized by law; $25,583,000, to remain
available until expended, of which $500,000 shall be derived
from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of
1990 (33 U.S.C. 2712(a)(5)): Provided, That there may be
credited to and used for the purposes of this appropriation
funds received from State and local governments, other public
authorities, private sources, and foreign countries for
expenses incurred for research, development, testing, and
evaluation.
Retired Pay
For retired pay, including the payment of obligations
otherwise chargeable to lapsed appropriations for this
purpose, payments under the Retired Serviceman's Family
Protection and Survivor Benefits Plans, payment for career
status bonuses, concurrent receipts and combat-related
special compensation under the National Defense Authorization
Act, and payments for medical care of retired personnel and
their dependents under chapter 55 of title 10, United States
Code, $1,184,720,000, to remain available until expended.
United States Secret Service
salaries and expenses
For necessary expenses of the United States Secret Service,
including purchase of not to exceed 645 vehicles for police-
type use, which shall be for replacement only, and hire of
passenger motor vehicles; purchase of motorcycles made in the
United States; hire of aircraft; services of expert witnesses
at such rates as may be determined by the Director of the
Secret Service; rental of buildings in the District of
Columbia, and fencing, lighting, guard booths, and other
facilities on private or other property not in Government
ownership or control, as may be necessary to perform
protective functions; payment of per diem or subsistence
allowances to employees where a protective assignment during
the actual day or days of the visit of a protectee requires
an employee to work 16 hours per day or to remain overnight
at a post of duty; conduct of and participation in firearms
matches; presentation of awards; travel of Secret Service
employees on protective missions without regard to the
limitations on such expenditures in this or any other Act if
approval is obtained in advance from the Committees on
Appropriations of the Senate and the House of
Representatives; research and development; grants to conduct
behavioral research in support of protective research and
operations; and payment in advance for commercial
accommodations as may be necessary to perform protective
functions; $1,392,171,000, of which not to exceed $25,000
shall be for official reception and representation expenses;
of which not to exceed $100,000 shall be to provide technical
assistance and equipment to foreign law enforcement
organizations in counterfeit investigations; of which
$2,366,000 shall be for forensic and related support of
investigations of missing and exploited children; and of
which $6,000,000 shall be a grant for activities related to
the investigations of missing and exploited children and
shall remain available until expended: Provided, That up to
$18,000,000 provided for protective travel shall remain
available until September 30, 2009: Provided further, That
the United States Secret Service is authorized to obligate
funds in anticipation of reimbursements from Federal agencies
and entities, as defined in section 105 of title 5, United
States Code, receiving training sponsored by the James J.
Rowley Training Center, except that total obligations at the
end of the fiscal year shall not exceed total budgetary
resources available under this heading at the end of the
fiscal year.
Acquisition, Construction, Improvements, and Related Expenses
For necessary expenses for acquisition, construction,
repair, alteration, and improvement of facilities,
$3,725,000, to remain available until expended.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
Management and Administration
For salaries and expenses of the immediate Office of the
Under Secretary for National Protection and Programs, the
National Protection Planning Office, support services for
business operations and information technology, and facility
costs, $30,000,000: Provided, That of the amount provided,
$15,000,000 shall not be obligated until the Committees on
Appropriations of the Senate and the House of Representatives
receive and approve in full an expenditure plan by program,
project, and activity; prepared by the Secretary of Homeland
Security that has been reviewed by the Government
Accountability Office.
Infrastructure Protection and Information Security
For necessary expenses for infrastructure protection and
information security programs and activities, as authorized
by title II of the Homeland Security Act of 2002 (6 U.S.C.
121 et seq.) or subtitle J of title VIII of the Homeland
Security Act of 2002, as added by this Act, $527,099,000, of
which $497,099,000 shall remain available until September 30,
2009, and of which, $2,000,000 shall be to carry out subtitle
J of title VIII of the Homeland Security Act of 2002, as
added by this Act: Provided, That $10,043,000 shall be for
the Office of Bombing Prevention and not more than
$26,100,000 shall be for the Next Generation Network.
United States Visitor and Immigrant Status Indicator Technology
For necessary expenses for the development of the United
States Visitor and Immigrant Status Indicator Technology
project, as authorized by section 110 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1365a), $362,000,000, to remain available until
expended: Provided, That of the total amount made available
under this heading, $100,000,000 may not be obligated for the
United States Visitor and Immigrant Status Indicator
Technology project until the Committees on Appropriations of
the Senate and the House of Representatives receive and
approve a plan for expenditure prepared by the Secretary of
Homeland Security that includes:
(1) a detailed accounting of the program's progress to date
relative to system capabilities or services, system
performance levels, mission benefits and outcomes,
milestones, cost targets, and program management
capabilities;
(2) an explicit plan of action defining how all funds are
to be obligated to meet future program commitments, with the
planned expenditure of funds linked to the milestone-based
delivery of specific capabilities, services, performance
levels, mission benefits and outcomes, and program management
capabilities;
(3) a listing of all open Government Accountability Office
and Office of Inspector General recommendations related to
the program and the status of Department of Homeland Security
actions to address the recommendations, including milestones
for fully addressing them;
(4) a certification by the Chief Financial Officer of the
Department that the program has been reviewed and approved in
accordance with the investment management process of the
Department, and that the process fulfills all capital
planning and investment control requirements and reviews
established by the Office of Management and Budget, including
Circular A-11, part 7;
(5) a certification by the Chief Information Officer of the
Department that an independent validation and verification
agent has and will continue to actively review the program;
[[Page 20957]]
(6) a certification by the Chief Information Officer of the
Department that the system architecture of the program is
sufficiently aligned with the information systems enterprise
architecture of the Department to minimize future rework,
including a description of all aspects of the architectures
that were and were not assessed in making the alignment
determination, the date of the alignment determination, any
known areas of misalignment along with the associated risks
and corrective actions to address any such areas;
(7) a certification by the Chief Procurement Officer of the
Department that the plans for the program comply with the
Federal acquisition rules, requirements, guidelines, and
practices, and a description of the actions being taken to
address areas of non-compliance, the risks associated with
them along with any plans for addressing these risks and the
status of their implementation;
(8) a certification by the Chief Information Officer of the
Department that the program has a risk management process
that regularly identifies, evaluates, mitigates, and monitors
risks throughout the system life cycle, and communicates
high-risk conditions to agency and department heads, as well
as a listing of all the program's high risks and the status
of efforts to address them;
(9) a certification by the Chief Human Capital Officer of
the Department that the human capital needs of the program
are being strategically and proactively managed, and that
current human capital capabilities are sufficient to execute
the plans discussed in the report; and
(10) which is reviewed by the Government Accountability
Office.
Office of Health Affairs
For the necessary expenses of the Office of Health Affairs,
$115,000,000; of which $20,817,000 is for salaries and
expenses; and of which $94,183,000 is for biosurveillance,
biowatch, chemical response, and related activities for the
Department of Homeland Security, to remain available until
September 30, 2009: Provided, That not to exceed $3,000 shall
be for official reception and representation expenses.
Federal Emergency Management Agency
Management and Administration
For necessary expenses for management and administration,
$678,600,000, including activities authorized by the National
Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards
Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the Defense
Production Act of 1950 (50 U.S.C. App. 2061 et seq.),
sections 107 and 303 of the National Security Act of 1947 (50
U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C.
App.), the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.), and the Post-Katrina Emergency Management Reform Act
of 2006 (Public Law 109-295; 120 Stat. 1394): Provided, That
not to exceed $3,000 shall be for official reception and
representation expenses: Provided further, That $426,020,000
shall be for Operations Activities: Provided further, That
$216,580,000 shall be for Management Activities: Provided
further, That $6,000,000 shall be for the Office of the
National Capital Region Coordination: Provided further, That
for purposes of planning, coordination, execution, and
decisionmaking related to mass evacuation during a disaster,
the Governors of the State of West Virginia and the
Commonwealth of Pennsylvania, or their designees, shall be
incorporated into efforts to integrate the activities of
Federal, State, and local governments in the National Capital
Region, as defined in section 882 of Public Law 107-296, the
Homeland Security Act of 2002: Provided further, That of the
total amount made available under this heading, $30,000,000
shall be for Urban Search and Rescue Teams, of which not to
exceed $1,600,000 may be made available for administrative
costs: Provided further, That of the total amount made
available under this heading, $1,000,000 shall be to develop
a web- based version of the National Fire Incident Reporting
System that will ensure that fire-related data can be
submitted and accessed by fire departments in real time:
Provided further, That not later than 30 days after the date
of enactment of this Act, the Administrator of the Federal
Emergency Management Agency shall, as appropriate, update
training practices for all customer service employees,
employees in the Office of General Counsel, and other
appropriate employees of the Federal Emergency Management
Agency relating to addressing health concerns of recipients
of assistance from the Federal Emergency Management Agency.
State and Local Programs
For grants, contracts, cooperative agreements, and other
activities, including grants to State and local governments
for terrorism prevention activities, notwithstanding any
other provision of law, $3,130,500,000, which shall be
allocated as follows:
(1) $525,000,000 for formula-based grants and $375,000,000
for law enforcement terrorism prevention grants, to be
allocated in accordance with section 1014 of the USA PATRIOT
ACT (42 U.S.C. 3714): Provided, That not to exceed 3 percent
of these amounts shall be available for program
administration: Provided further, That the application for
grants shall be made available to States within 45 days after
the date of enactment of this Act; that States shall submit
applications within 90 days after the grant announcement; and
the Federal Emergency Management Agency shall act within 90
days after receipt of an application: Provided further, That,
in the event established timeframes detailed in the preceding
proviso for departmental actions are missed, funding for the
Immediate Office of the Deputy Secretary shall be reduced by
$1,000 per day until such actions are executed: Provided
further, That not less than 80 percent of any grant under
this paragraph to a State shall be made available by the
State to local governments within 60 days after the receipt
of the funds; except in the case of Puerto Rico, where not
less than 50 percent of any grant under this paragraph shall
be made available to local governments within 60 days after
the receipt of the funds.
(2) $1,836,000,000 for discretionary grants, as determined
by the Secretary of Homeland Security, of which--
(A) $820,000,000 shall be for use in high-threat, high-
density urban areas, of which $20,000,000 shall be available
for assistance to organizations (as described under section
501(c)(3) of the Internal Revenue Code of 1986 and exempt
from tax section 501(a) of such code) determined by the
Secretary to be at high-risk of a terrorist attack;
(B) $50,000,000 shall be for the Regional Catastrophic
Preparedness Grants;
(C) $400,000,000 shall be for infrastructure protection
grants related to port security pursuant to 46 U.S.C. 70107;
(D) $16,000,000 shall be for infrastructure protection
grants related to trucking industry security;
(E) $12,000,000 shall be for infrastructure protection
grants related to intercity bus security;
(F) $400,000,000 shall be for infrastructure protection
grants related to intercity rail passenger transportation (as
defined in section 24102 of title 49, United States Code),
freight rail, and transit security;
(G) $50,000,000 shall be for infrastructure protection
grants related to buffer zone protection;
(H) $40,000,000 shall be available for the Commercial
Equipment Direct Assistance Program;
(I) $33,000,000 shall be for the Metropolitan Medical
Response System; and
(J) $15,000,000 shall be for Citizens Corps:
Provided, That not to exceed 3 percent of subparagraphs (A)-
(J) shall be available for program administration: Provided
further, That for grants under subparagraphs (A), (B), and
(J), the application for grants shall be made available to
States within 45 days after the date of enactment of this
Act; that States shall submit applications within 90 days
after the grant announcement; and that the Federal Emergency
Management Agency shall act within 90 days after receipt of
an application: Provided further, That, in the event
established timeframes detailed in the preceding proviso for
departmental actions are missed, funding for the Immediate
Office of the Deputy Secretary shall be reduced by $1,000 per
day until such actions are executed: Provided further, That
no less than 80 percent of any grant under this paragraph to
a State shall be made available by the State to local
governments within 60 days after the receipt of the funds:
Provided further, That for grants under subparagraphs (C)
through (G), the applications for such grants shall be made
available to eligible applicants not later than 75 days after
the date of enactment of this Act, eligible applicants shall
submit applications not later than 45 days after the date of
the grant announcement, and the Federal Emergency Management
Agency shall act on such applications not later than 60 days
after the date on which such an application is received:
Provided further, That, in the event established timeframes
detailed in the preceding proviso for departmental actions
are missed, funding for the Immediate Office of the Deputy
Secretary shall be reduced by $1,000 per day until such
actions are executed.
(3) $294,500,000 for training, exercises, technical
assistance, and other programs.
(4) $100,000,000 for grants under the Interoperable
Emergency Communications Grants Program established under
title XVIII of the Homeland Security Act of 2002: Provided,
That the amounts appropriated to the Department of Homeland
Security for discretionary spending in this Act shall be
reduced on a pro rata basis by the percentage necessary to
reduce the overall amount of such spending by $100,000,000:
Provided further, That none of the grants provided under this
heading shall be used for the construction or renovation of
facilities, except for a minor perimeter security project,
not to exceed $1,000,000, as determined necessary by the
Secretary of Homeland Security: Provided further, That the
preceding proviso shall not apply to grants under
subparagraphs (B), (C), (F), and (G) of paragraph (2) of this
heading: Provided further, That funds appropriated for law
enforcement terrorism prevention grants under paragraph (1)
of this heading and discretionary grants under paragraph
(2)(A) of this heading shall be available for operational
costs, to include personnel overtime and overtime associated
with the Federal Emergency Management Agency certified
training, as needed: Provided further, That the Government
Accountability Office shall report on the validity,
relevance, reliability, timeliness, and availability of the
risk factors (including threat, vulnerability, and
consequence) used by the Secretary of Homeland Security and
an analysis of the Department's policy of ranking States,
cities, and other grantees by tiered groups, for the purpose
of allocating grants funded under this heading, and the
application of those factors in the allocation of funds to
the Committees on Appropriations of the Senate and the House
of Representatives on its findings not later than 45 days
after the date of enactment of this Act: Provided further,
That within seven days after the date of enactment of this
Act, the Secretary of Homeland Security
[[Page 20958]]
shall provide the Government Accountability Office with the
risk methodology and other factors that will be used to
allocate grants funded under this heading: Provided further,
That not later than 15 days after the date of enactment of
this Act, the Administrator of the Federal Emergency
Management Agency shall submit to the Committee on
Appropriations and the Committee on Homeland Security and
Governmental Affairs of the Senate a report detailing the
actions taken as of that date, and any actions the
Administrator will take, regarding the response of the
Federal Emergency Management Agency to concerns over
formaldehyde exposure, which shall include a description of
any disciplinary or other personnel actions taken, a detailed
policy for responding to any reports of potential health
hazards posed by any materials provided by the Federal
Emergency Management Agency (including housing, food, water,
or other materials), and a description of any additional
resources needed to implement such policy: Provided further,
That the Administrator of the Federal Emergency Management
Agency, in conjunction with the head of the Office of Health
Affairs of the Department of Homeland Security, the Director
of the Centers for Disease Control and Prevention, and the
Administrator of the Environmental Protection Agency, shall
design a program to scientifically test a representative
sample of travel trailers and mobile homes provided by the
Federal Emergency Management Agency, and surplus travel
trailers and mobile homes to be sold or transferred by the
Federal government on or after the date of enactment of this
Act, for formaldehyde and, not later than 15 days after the
date of enactment of this Act, submit to the Committee on
Appropriations and the Committee on Homeland Security and
Governmental Affairs of the Senate a report regarding the
program designed, including a description of the design of
the testing program and the quantity of and conditions under
which trailers and mobile homes shall be tested and the
justification for such design of the testing: Provided
further, That in order to protect the health and safety of
disaster victims, the testing program designed under the
previous proviso shall provide for initial short-term
testing, and longer-term testing, as required: Provided
further, That not later than 45 days after the date of
enactment of this Act, the Administrator of the Federal
Emergency Management Agency, in conjunction with the head of
the Office of Health Affairs of the Department of Homeland
Security, the Director of the Centers for Disease Control and
Prevention, and the Administrator of the Environmental
Protection Agency, shall, at a minimum, complete the initial
short-term testing described in the previous proviso:
Provided further, That, to the extent feasible, the
Administrator of the Federal Emergency Management Agency
shall use a qualified contractor residing or doing business
primarily in the Gulf Coast Area to carry out the testing
program designed under this heading: Provided further, That,
not later than 30 days after the date that the Administrator
of the Federal Emergency Management Agency completes the
short-term testing under this heading, the Administrator of
the Federal Emergency Management Agency, in conjunction with
the head of the Office of Health Affairs of the Department of
Homeland Security, the Director of the Centers for Disease
Control and Prevention, and the Administrator of the
Environmental Protection Agency, shall submit to the
Committee on Appropriations and the Committee on Homeland
Security and Governmental Affairs of the Senate a report
describing the results of the testing, analyzing such
results, providing an assessment of whether there are any
health risks associated with the results and the nature of
any such health risks, and detailing the plans of the
Administrator of the Federal Emergency Management Agency to
act on the results of the testing, including any need to
relocate individuals living in the trailers or mobile homes
provided by the Federal Emergency Management Agency or
otherwise assist individuals affected by the results, plans
for the sale or transfer of any trailers or mobile homes
(which shall be made in coordination with the Administrator
of General Services), and plans to conduct further testing:
Provided further, That after completing longer-term testing
under this heading, the Administrator of the Federal
Emergency Management Agency, in conjunction with the head of
the Office of Health Affairs of the Department of Homeland
Security, the Director of the Centers for Disease Control and
Prevention, and the Administrator of the Environmental
Protection Agency, shall submit to the Committee on
Appropriations and the Committee on Homeland Security and
Governmental Affairs of the Senate a report describing the
results of the testing, analyzing such results, providing an
assessment of whether any health risks are associated with
the results and the nature of any such health risks,
incorporating any additional relevant information from the
shorter-term testing completed under this heading, and
detailing the plans and recommendations of the Administrator
of the Federal Emergency Management Agency to act on the
results of the testing.
Firefighter Assistance Grants
For necessary expenses for programs authorized by the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2201 et seq.), $700,000,000: Provided, That not to exceed
five percent of this amount shall be available for program
administration: Provided further, That funds shall be
allocated as follows: (1) $560,000,000 shall be available to
carry out section 33 of that Act (15 U.S.C. 2229), to remain
available until September 30, 2009; and (2) $140,000,000
shall be available to carry out section 34 of that Act (15
U.S.C. 2229a).
Emergency Management Performance Grants
For necessary expenses for emergency management performance
grants, as authorized by the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.), the Earthquake Hazards Reduction Act of 1977 (42
U.S.C. 7701 et seq.), and Reorganization Plan No. 3 of 1978
(5 U.S.C. App.), $300,000,000: Provided, That total
administrative costs shall not exceed three percent of the
total appropriation.
Radiological Emergency Preparedness Program
The aggregate charges assessed during fiscal year 2008, as
authorized in title III of the Departments of Veterans
Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 1999 (42 U.S.C. 5196e), shall
not be less than 100 percent of the amounts anticipated by
the Department of Homeland Security necessary for its
radiological emergency preparedness program for the next
fiscal year: Provided, That the methodology for assessment
and collection of fees shall be fair and equitable and shall
reflect costs of providing such services, including
administrative costs of collecting such fees: Provided
further, That fees received under this heading shall be
deposited in this account as offsetting collections and will
become available for authorized purposes on October 1, 2008,
and remain available until expended.
United States Fire Administration
For necessary expenses of the United States Fire
Administration, as authorized by the Federal Fire Prevention
and Control Act of 1974 (15 U.S.C. 2201 et seq.) and the
Homeland Security Act of 2002 (6 U.S.C. 101 et seq.),
$43,300,000.
Disaster Relief
(including transfer of funds)
For necessary expenses in carrying out the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), $1,700,000,000, to remain available
until expended: Provided, That of the total amount provided,
$13,500,000 shall be transferred to the Department of
Homeland Security Office of Inspector General for audits and
investigations related to disasters, subject to section 503
of this Act: Provided further, That up to $48,000,000 and 250
positions may be transferred to ``Management and
Administration'', Federal Emergency Management Agency, for
management and administration functions, subject to section
503 of this Act.
Disaster Assistance Direct Loan Program Account
For activities under section 319 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5162), $875,000, of which $580,000 is for administrative
expenses to carry out the direct loan program and $295,000 is
for the cost of direct loans: Provided, That gross
obligations for the principal amount of direct loans shall
not exceed $25,000,000: Provided further, That the cost of
modifying such loans shall be as defined in section 502 of
the Congressional Budget Act of 1974 (2 U.S.C. 661a).
Flood Map Modernization Fund
For necessary expenses under section 1360 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4101), $200,000,000,
and such additional sums as may be provided by State and
local governments or other political subdivisions for cost-
shared mapping activities under section 1360(f)(2) of such
Act, to remain available until expended: Provided, That total
administrative costs shall not exceed three percent of the
total appropriation.
National Flood Insurance Fund
(including transfer of funds)
For activities under the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.), and the Flood Disaster
Protection Act of 1973 (42 U.S.C. 4001 et seq.),
$145,000,000, which is available as follows: (1) not to
exceed $45,642,000 for salaries and expenses associated with
flood mitigation and flood insurance operations; and (2) not
to exceed $99,358,000 for flood hazard mitigation, which
shall be derived from offsetting collections assessed and
collected under section 1307 of the National Flood Insurance
Act of 1968 (42 U.S.C. 4001 et seq.), to remain available
until September 30, 2009, including up to $34,000,000 for
flood mitigation expenses under section 1366 of that Act,
which amount shall be available for transfer to the National
Flood Mitigation Fund until September 30, 2009: Provided,
That in fiscal year 2008, no funds shall be available from
the National Flood Insurance Fund in excess of: (1)
$70,000,000 for operating expenses; (2) $773,772,000 for
commissions and taxes of agents; (3) such sums as are
necessary for interest on Treasury borrowings; and (4)
$90,000,000 for flood mitigation actions with respect to
severe repetitive loss properties under section 1361A of that
Act (42 U.S.C. 4102a) and repetitive insurance claims
properties under section 1323 of that Act (42 U.S.C. 4030),
which shall remain available until expended: Provided
further, That total administrative costs shall not exceed
four percent of the total appropriation.
National Flood Mitigation Fund
(including transfer of funds)
Notwithstanding subparagraphs (B) and (C) of subsection
(b)(3), and subsection (f), of section 1366 of the National
Flood Insurance Act of 1968, $34,000,000 (42 U.S.C. 4104c),
to remain available until September 30, 2009, for activities
designed to reduce the risk of flood damage to structures
pursuant to such Act, of which
[[Page 20959]]
$34,000,000 shall be derived from the National Flood
Insurance Fund.
National Pre-Disaster Mitigation Fund
For a pre-disaster mitigation grant program under title II
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5131 et seq.), $120,000,000, to
remain available until expended: Provided, That grants made
for pre-disaster mitigation shall be awarded on a competitive
basis subject to the criteria in section 203(g) of such Act
(42 U.S.C. 5133(g)): Provided further, That total
administrative costs shall not exceed three percent of the
total appropriation.
Emergency Food and Shelter
To carry out an emergency food and shelter program pursuant
to title III of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11331 et seq.), $153,000,000, to remain available
until expended: Provided, That total administrative costs
shall not exceed 3.5 percent of the total appropriation.
TITLE IV
RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
For necessary expenses for citizenship and immigration
services, $50,523,000: Provided, That of the total,
$20,000,000 provided to address backlogs of security checks
associated with pending applications and petitions shall not
be available for obligation until the Secretary of Homeland
Security and the United States Attorney General submit to the
Committees on Appropriations of the Senate and the House of
Representatives a plan to eliminate the backlog of security
checks that establishes information sharing protocols to
ensure United States Citizenship and Immigration Services has
the information it needs to carry out its mission.
Federal Law Enforcement Training Center
Salaries and Expenses
For necessary expenses of the Federal Law Enforcement
Training Center, including materials and support costs of
Federal law enforcement basic training; purchase of not to
exceed 117 vehicles for police-type use and hire of passenger
motor vehicles; expenses for student athletic and related
activities; the conduct of and participation in firearms
matches and presentation of awards; public awareness and
enhancement of community support of law enforcement training;
room and board for student interns; a flat monthly
reimbursement to employees authorized to use personal mobile
phones for official duties; and services as authorized by
section 3109 of title 5, United States Code; $221,076,000, of
which up to $43,910,000 for materials and support costs of
Federal law enforcement basic training shall remain available
until September 30, 2009; of which $300,000 shall remain
available until expended for Federal law enforcement agencies
participating in training accreditation, to be distributed as
determined by the Federal Law Enforcement Training Center for
the needs of participating agencies; and of which not to
exceed $12,000 shall be for official reception and
representation expenses: Provided, That the Center is
authorized to obligate funds in anticipation of
reimbursements from agencies receiving training sponsored by
the Center, except that total obligations at the end of the
fiscal year shall not exceed total budgetary resources
available at the end of the fiscal year: Provided further,
That section 1202(a) of Public Law 107-206 (42 U.S.C. 3771
note) as amended by Public Law 109-295 (120 Stat. 1374) is
further amended by striking ``December 31, 2007'' and
inserting ``December 31, 2011''.
Acquisitions, Construction, Improvements, and Related Expenses
For acquisition of necessary additional real property and
facilities, construction, and ongoing maintenance, facility
improvements, and related expenses of the Federal Law
Enforcement Training Center, $44,470,000, to remain available
until expended: Provided, That the Center is authorized to
accept reimbursement to this appropriation from government
agencies requesting the construction of special use
facilities.
Science and Technology
management and administration
For salaries and expenses of the Office of the Under
Secretary for Science and Technology and for management and
administration of programs and activities, as authorized by
title III of the Homeland Security Act of 2002 (6 U.S.C. 181
et seq.), $140,632,000: Provided, That not to exceed $3,000
shall be for official reception and representation expenses.
Research, Development, Acquisition, and Operations
For necessary expenses for science and technology research,
including advanced research projects; development; test and
evaluation; acquisition; and operations; as authorized by
title III of the Homeland Security Act of 2002 (6 U.S.C. 181
et seq.); $697,364,000, to remain available until expended;
and of which $103,814,000 shall be for necessary expenses of
the field laboratories and assets of the Science and
Technology Directorate.
Domestic Nuclear Detection Office
Management and Administration
For salaries and expenses of the Domestic Nuclear Detection
Office and for management and administration of programs and
activities, $32,000,000: Provided, That not to exceed $3,000
shall be for official reception and representation expenses.
Research, Development, Acquisition, and Operations
For necessary expenses for radiological and nuclear
research, development, testing, evaluation and operations,
$336,000,000, to remain available until expended, of which
$10,000,000 shall be available to support the implementation
of the Securing the Cities initiative at the level requested
in the President's budget.
systems acquisition
For expenses for the Domestic Nuclear Detection Office
acquisition and deployment of radiological detection systems
in accordance with the global nuclear detection architecture,
$182,000,000, to remain available until September 30, 2010,
of which $30,000,000 shall be available to support the
implementation of the Securing the Cities initiative at the
level requested in the President's budget: Provided, That
none of the funds appropriated under this heading shall be
obligated for full-scale procurement of Advanced
Spectroscopic Portal Monitors until the Secretary of Homeland
Security has certified through a report to the Committees on
Appropriations of the Senate and the House of Representatives
that a significant increase in operational effectiveness will
be achieved.
TITLE V
GENERAL PROVISIONS
Sec. 501. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 502. None of the funds available in this Act shall be
available to carry out section 872 of Public Law 107-296.
Sec. 503. (a) None of the funds provided by this Act,
provided by previous appropriations Acts to the agencies in
or transferred to the Department of Homeland Security that
remain available for obligation or expenditure in fiscal year
2008, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to
the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that: (1) creates a new program; (2) eliminates a program,
project, or activity; (3) increases funds for any program,
project, or activity for which funds have been denied or
restricted by the Congress; (4) proposes to use funds
directed for a specific activity by either of the Committees
on Appropriations of the Senate or the House of
Representatives for a different purpose; or (5) contracts out
any function or activity for which funding levels were
requested for Federal full-time equivalents in the object
classification tables contained in the fiscal year 2008
Budget Appendix for the Department of Homeland Security, as
modified by the joint explanatory statement accompanying this
Act; unless the Committees on Appropriations of the Senate
and the House of Representatives are notified 15 days in
advance of such reprogramming of funds.
(b) None of the funds provided by this Act, provided by
previous appropriations Acts to the agencies in or
transferred to the Department of Homeland Security that
remain available for obligation or expenditure in fiscal year
2008, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to
the agencies funded by this Act, shall be available for
obligation or expenditure for programs, projects, or
activities through a reprogramming of funds in excess of
$5,000,000 or 10 percent, whichever is less, that: (1)
augments existing programs, projects, or activities; (2)
reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by the Congress; or (3) results from any general
savings from a reduction in personnel that would result in a
change in existing programs, projects, or activities as
approved by the Congress; unless the Committees on
Appropriations of the Senate and the House of Representatives
are notified 15 days in advance of such reprogramming of
funds.
(c) Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Homeland Security by this Act or provided by previous
appropriations Acts may be transferred between such
appropriations, but no such appropriations, except as
otherwise specifically provided, shall be increased by more
than 10 percent by such transfers: Provided, That any
transfer under this section shall be treated as a
reprogramming of funds under subsection (b) of this section
and shall not be available for obligation unless the
Committees on Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such
transfer.
(d) Notwithstanding subsections (a), (b), and (c) of this
section, no funds shall be reprogrammed within or transferred
between appropriations after June 30, except in extraordinary
circumstances which imminently threaten the safety of human
life or the protection of property.
Sec. 504. None of the funds appropriated or otherwise made
available to the Department of Homeland Security may be used
to make payments to the ``Department of Homeland Security
Working Capital Fund'', except for the activities and amounts
allowed in the President's fiscal year 2008 budget, excluding
sedan service, shuttle service, transit subsidy, mail
operations, parking, and competitive sourcing: Provided, That
any additional activities and amounts shall be approved by
the Committees on Appropriations of the Senate and the House
of Representatives 30 days in advance of obligation.
[[Page 20960]]
Sec. 505. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining
available at the end of fiscal year 2008 from appropriations
for salaries and expenses for fiscal year 2008 in this Act
shall remain available through September 30, 2009, in the
account and for the purposes for which the appropriations
were provided: Provided, That prior to the obligation of such
funds, a request shall be submitted to the Committees on
Appropriations of the Senate and the House of Representatives
for approval in accordance with section 503 of this Act.
Sec. 506. Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Security
Act of 1947 (50 U.S.C. 414) during fiscal year 2008 until the
enactment of an Act authorizing intelligence activities for
fiscal year 2008.
Sec. 507. The Federal Law Enforcement Training
Accreditation Board shall lead the Federal law enforcement
training accreditation process, to include representatives
from the Federal law enforcement community and non-Federal
accreditation experts involved in law enforcement training,
to continue the implementation of measuring and assessing the
quality and effectiveness of Federal law enforcement training
programs, facilities, and instructors.
Sec. 508. None of the funds in this Act may be used to make
a grant allocation, discretionary grant award, discretionary
contract award, or to issue a letter of intent totaling in
excess of $1,000,000, or to announce publicly the intention
to make such an award, unless the Secretary of Homeland
Security notifies the Committees on Appropriations of the
Senate and the House of Representatives at least three full
business days in advance: Provided, That no notification
shall involve funds that are not available for obligation:
Provided further, That the notification shall include the
amount of the award, the fiscal year in which the funds for
the award were appropriated, and the account for which the
funds are being drawn from: Provided further, That the
Federal Emergency Management Agency shall brief the
Committees on Appropriations of the Senate and the House of
Representatives five full business days in advance of
announcing publicly the intention of making an award of
formula-based grants; law enforcement terrorism prevention
grants; high-threat, high-density urban areas grants; or
regional catastrophic preparedness grants.
Sec. 509. Notwithstanding any other provision of law, no
agency shall purchase, construct, or lease any additional
facilities, except within or contiguous to existing
locations, to be used for the purpose of conducting Federal
law enforcement training without the advance approval of the
Committees on Appropriations of the Senate and the House of
Representatives, except that the Federal Law Enforcement
Training Center is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement
for training which cannot be accommodated in existing Center
facilities.
Sec. 510. The Director of the Federal Law Enforcement
Training Center shall schedule basic and/or advanced law
enforcement training at all four training facilities under
the control of the Federal Law Enforcement Training Center to
ensure that these training centers are operated at the
highest capacity throughout the fiscal year.
Sec. 511. None of the funds appropriated or otherwise made
available by this Act may be used for expenses of any
construction, repair, alteration, or acquisition project for
which a prospectus, if required by the Public Buildings Act
of 1959 (40 U.S.C. 3301), has not been approved, except that
necessary funds may be expended for each project for required
expenses for the development of a proposed prospectus.
Sec. 512. None of the funds in this Act may be used in
contravention of the applicable provisions of the Buy
American Act (41 U.S.C. 10a et seq.).
Sec. 513. (a) None of the funds provided by this or
previous appropriations Acts may be obligated for deployment
or implementation, on other than a test basis, of the Secure
Flight program or any other follow on or successor passenger
prescreening program, until the Secretary of Homeland
Security certifies, and the Government Accountability Office
reports, to the Committees on Appropriations of the Senate
and the House of Representatives, that all ten of the
conditions contained in paragraphs (1) through (10) of
section 522(a) of Public Law 108-334 (118 Stat. 1319) have
been successfully met.
(b) The report required by subsection (a) shall be
submitted within 90 days after the Secretary provides the
requisite certification, and periodically thereafter, if
necessary, until the Government Accountability Office
confirms that all ten conditions have been successfully met.
(c) Within 90 days of enactment of this Act, the Secretary
shall submit to the Committees on Appropriations of the
Senate and the House of Representatives a detailed plan that
describes: (1) the dates for achieving key milestones,
including the date or timeframes that the Secretary will
certify the program under subsection (a); and (2) the
methodology to be followed to support the Secretary's
certification, as required under subsection (a).
(d) During the testing phase permitted by subsection (a),
no information gathered from passengers, foreign or domestic
air carriers, or reservation systems may be used to screen
aviation passengers, or delay or deny boarding to such
passengers, except in instances where passenger names are
matched to a Government watch list.
(e) None of the funds provided in this or previous
appropriations Acts may be utilized to develop or test
algorithms assigning risk to passengers whose names are not
on Government watch lists.
(f) None of the funds provided in this or previous
appropriations Acts may be utilized for data or a database
that is obtained from or remains under the control of a non-
Federal entity: Provided, That this restriction shall not
apply to Passenger Name Record data obtained from air
carriers.
Sec. 514. None of the funds made available in this Act may
be used to amend the oath of allegiance required by section
337 of the Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 515. None of the funds appropriated by this Act may be
used to process or approve a competition under Office of
Management and Budget Circular A-76 for services provided as
of June 1, 2004, by employees (including employees serving on
a temporary or term basis) of United States Citizenship and
Immigration Services of the Department of Homeland Security
who are known as of that date as Immigration Information
Officers, Contact Representatives, or Investigative
Assistants.
Sec. 516. (a) None of the funds appropriated to the United
States Secret Service by this Act or by previous
appropriations Acts may be made available for the protection
of the head of a Federal agency other than the Secretary of
Homeland Security: Provided, That the Director of the United
States Secret Service may enter into an agreement to perform
such service on a fully reimbursable basis.
(b) None of the funds appropriated by this or any other Act
to the United States Secret Service shall be made available
for the protection of a Federal official, other than persons
granted protection under section 3056(a) of title 18, United
States Code, and the Secretary of Homeland Security:
Provided, That the Director of the United States Secret
Service may enter into an agreement to perform such
protection on a fully reimbursable basis for protectees not
designated under section 3056(a) of title 18, United States
Code.
Sec. 517. (a) The Secretary of Homeland Security is
directed to research, develop, and procure new technologies
to inspect and screen air cargo carried on passenger aircraft
at the earliest date possible.
(b) Existing checked baggage explosive detection equipment
and screeners shall be utilized to screen air cargo carried
on passenger aircraft to the greatest extent practicable at
each airport until technologies developed under subsection
(a) are available.
(c) The Transportation Security Administration shall report
air cargo inspection statistics quarterly to the Committees
on Appropriations of the Senate and the House of
Representatives, by airport and air carrier, within 45 days
after the end of the quarter including any reason for non-
compliance with the second proviso of section 513 of the
Department of Homeland Security Appropriations Act, 2005
(Public Law 108-334, 118 Stat. 1317).
Sec. 518. None of the funds made available in this Act may
be used by any person other than the Privacy Officer
appointed under section 222 of the Homeland Security Act of
2002 (6 U.S.C. 142) to alter, direct that changes be made to,
delay, or prohibit the transmission to Congress of any report
prepared under paragraph (6) of such section.
Sec. 519. No funding provided by this or previous
appropriation Acts shall be available to pay the salary of
any employee serving as a contracting officer's technical
representative (COTR), or anyone acting in a similar or like
capacity, who has not received COTR training.
Sec. 520. Except as provided in section 44945 of title 49,
United States Code, funds appropriated or transferred to
Transportation Security Administration ``Aviation Security'',
``Administration'' and ``Transportation Security Support'' in
fiscal years 2004, 2005, 2006, and 2007 that are recovered or
deobligated shall be available only for procurement and
installation of explosive detection systems for air cargo,
baggage, and checkpoint screening systems, subject to
notification.
Sec. 521. Section 525(d) of the Department of Homeland
Security Appropriations Act, 2007 (Public Law 109-295; 120
Stat. 1382) shall apply to fiscal year 2008.
(rescission of funds)
Sec. 522. From the unobligated balances of funds
transferred to the Department of Homeland Security when it
was created in 2003, excluding mandatory appropriations,
$45,000,000 is rescinded, of which $12,000,000 shall be
rescinded from Departmental Operations; $12,000,000 shall be
rescinded from the Office of State and Local Government
Coordination; and $6,000,000 shall be rescinded from the
Working Capital Fund.
Sec. 523. Any funds appropriated to United States Coast
Guard, ``Acquisition, Construction, and Improvements'' in
fiscal years 2002, 2003, 2004, 2005, and 2006 for the 110-123
foot patrol boat conversion that are recovered, collected, or
otherwise received as the result of negotiation, mediation,
or litigation, shall be available until expended for the
Replacement Patrol Boat (FRC-B) program.
Sec. 524. The Department of Homeland Security Working
Capital Fund, established, pursuant to section 403 of Public
Law 103-356 (31 U.S.C. 501 note), shall continue operations
during fiscal year 2008.
Sec. 525. (a) The Federal Emergency Management Agency
(FEMA) shall submit a quarterly report to the Committees on
Appropriations of the Senate and the House of Representatives
detailing the allocation and obligation of funds for
``Disaster Relief'' to include:
[[Page 20961]]
(1) status of the Disaster Relief Fund (DRF) including
obligations, allocations, and amounts undistributed/
unallocated;
(2) allocations, obligations, and expenditures for all open
disasters;
(3) information on national flood insurance claims;
(4) obligations, allocations and expenditures by State for
unemployment, crisis counseling, inspections, housing
assistance, manufactured housing, public assistance and
individual assistance;
(5) mission assignment obligations by agency, including:
(A) the amounts reimbursed to other agencies that are in
suspense because FEMA has not yet reviewed and approved the
documentation supporting the expenditure; and
(B) a disclaimer if the amounts of reported obligations and
expenditures do not reflect the status of such obligations
and expenditures from a government-wide perspective;
(6) the amount of credit card purchases by agency and
mission assignment;
(7) specific reasons for all waivers granted and a
description of each waiver;
(8) a list of all contracts that were awarded on a sole
source or limited competition basis, including the dollar
amount, the purpose of the contract and the reason for the
lack of competitive award; and
(9) an estimate of when available appropriations will be
exhausted, assuming an average disaster season.
(b) The Secretary of Homeland Security shall at least
quarterly obtain from agencies performing mission assignments
each such agency's actual obligation and expenditure data and
report to the Committees on Appropriations of the Senate and
the House of Representatives.
(c) For any request for reimbursement from a Federal agency
to the Department of Homeland Security to cover expenditures
under the Stafford Act (42 U.S.C. 5121 et seq.), or any
mission assignment orders issued by the Department of
Homeland Security for such purposes, the Secretary of
Homeland Security shall take appropriate steps to ensure that
each agency is periodically reminded of Department of
Homeland Security policies on--
(1) the detailed information required in supporting
documentation for reimbursements, and
(2) the necessity for timeliness of agency billings.
(d) Notwithstanding section 404 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170c), projects relating to Hurricanes Katrina and Rita for
which the non-Federal share of assistance under that section
is funded by amounts appropriated to the Community
Development Fund under chapter 9 of title I of division B of
the Department of Defense, Emergency Supplemental
Appropriations to Address Hurricanes in the Gulf of Mexico,
and Pandemic Influenza Act, 2006 (Public Law 109-148; 119
Stat. 2779) or chapter 9 of title II of the Emergency
Supplemental Appropriations Act for Defense, the Global War
on Terror, and Hurricane Recovery, 2006 (Public Law 109-234;
120 Stat. 472) shall not be subject to any precertification
requirements.
Sec. 526. Within 45 days after the close of each month, the
Chief Financial Officer of the Department of Homeland
Security shall submit to the Committees on Appropriations of
the Senate and the House of Representatives a monthly budget
and staffing report that includes total obligations, on-board
versus funded full-time equivalent staffing levels, and the
number of contract employees by office.
Sec. 527. Section 532(a) of Public Law 109-295 is amended
by striking ``2007'' and inserting ``2008''.
Sec. 528. The Federal Law Enforcement Training Center
instructor staff shall be classified as inherently
governmental for the purpose of the Federal Activities
Inventory Reform Act of 1998 (31 U.S.C. 501 note).
Sec. 529. None of the funds provided in this Act may be
used to alter or reduce operations within the Civil
Engineering Program of the Coast Guard nationwide, including
the civil engineering units, facilities, design, and
construction centers, maintenance and logistics command
centers, and the Coast Guard Academy, except as specifically
authorized by a statute enacted after the date of enactment
of this Act.
Sec. 530. Extension of the Implementation Deadline for the
Western Hemisphere Travel Initiative. Subparagraph (A) of
section 7209(b)(1) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185
note) is amended by striking ``This plan shall be implemented
not later than three months after the Secretary of State and
the Secretary of Homeland Security make the certifications
required in subsection (B), or June 1, 2009, whichever is
earlier.'' and inserting ``Such plan may not be implemented
earlier than the date that is the later of 3 months after the
Secretary of State and the Secretary of Homeland Security
make the certification required in subparagraph (B) or June
1, 2009.''.
Sec. 531. Section 550 of the Department of Homeland
Security Appropriations Act, 2007 (6 U.S.C. 121 note) is
amended by adding at the end the following:
``(h) This section shall not preclude or deny any right of
any State or political subdivision thereof to adopt or
enforce any regulation, requirement, or standard of
performance with respect to chemical facility security that
is more stringent than a regulation, requirement, or standard
of performance issued under this section, or otherwise impair
any right or jurisdiction of any State with respect to
chemical facilities within that State, unless there is an
actual conflict between this section and the law of that
State.''.
Sec. 532. None of the funds provided in this Act under the
heading ``Office of the Chief Information Officer'' shall be
used for data center development other than for the National
Center for Critical Information Processing and Storage until
the Chief Information Officer certifies that the National
Center for Critical Information Processing and Storage is
fully utilized as the Department's primary data storage
center at the highest capacity throughout the fiscal year.
Sec. 533. None of the funds in this Act shall be used to
reduce the United States Coast Guard's Operations Systems
Center mission or its government-employed or contract staff
levels.
Sec. 534. (a) Notwithstanding section 503 of this Act, up
to $25,000,000 from prior year balances currently available
to the Transportation Security Administration may be
transferred to ``Transportation Threat Assessment and
Credentialing'' for the Secure Flight program.
(b) In carrying out the transfer authority under subsection
(a), the Transportation Security Administration shall not
utilize any prior year balances from the following programs:
screener partnership program; explosive detection system
purchase; explosive detection system installation; checkpoint
support; aviation regulation and other enforcement; air
cargo; and air cargo research and development: Provided, That
any funds proposed to be transferred under this section shall
not be available for obligation until the Committees on
Appropriations of the Senate and the House of Representatives
receive and approve a plan for expenditure for such funds
that is submitted by the Secretary of Homeland Security:
Provided further, That the plan shall be submitted
simultaneously to the Government Accountability Office for
review consistent with its ongoing assessment of the Secure
Flight Program as mandated by section 522(a) of Public Law
108-334 (118 Stat. 1319).
Sec. 535. Disaster Assistance for Schools. (a)
Definitions.--In this section--
(1) the term ``Administrator'' means the Administrator of
the Federal Emergency Management Agency;
(2) the term ``covered assistance'' means assistance--
(A) provided under section 406 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5172);
(B) to be used to--
(i) repair, restore, reconstruct, or replace school
facilities; or
(ii) replace lost contents of a school; and
(C) for damage caused by Hurricane Katrina of 2005 or
Hurricane Rita of 2005; and
(3) the term ``local educational agency'' has the meaning
given that term in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
(b) Assistance to Schools.--
(1) In general.--A local educational agency that has
applied for covered assistance before the date of enactment
of this Act may request that such assistance (including any
eligible costs discovered after the date of the estimate of
eligible costs under section 406(e)(1)(A) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5172(e)(1)(A)) and any cost that was determined to be
an eligible cost after an appeal or review) be provided in a
single payment.
(2) Disbursement of assistance.--Not later than 30 days
after the date that a local educational agency makes a
request under paragraph (1), the Administrator shall provide
in a single payment any covered assistance for any eligible
cost that was approved by the Administrator on or before the
date of that request.
(3) Flood insurance reduction.--For any covered assistance
provided under paragraph (2), the Administrator shall make
not more than 1 reduction under section 406(d) of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5172(d)) in the amount of assistance provided.
(c) Alternate Use.--For any covered assistance provided
under subsection (b)(2), the amount of that assistance shall
not be reduced under section 406(c)(1) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5172(c)(1)).
(d) Applicability.--This section shall apply to any covered
assistance provided on or after the date of enactment of this
Act.
Sec. 536. Technical Corrections. (a) In General.--
(1) Redesignations.--Chapter 27 of title 18, United States
Code, is amended by redesignating section 554 added by
section 551(a) of the Department of Homeland Security
Appropriations Act, 2007 (Public Law 109-295; 120 Stat. 1389)
(relating to border tunnels and passages) as section 555.
(2) Table of sections.--The table of sections for chapter
27 of title 18, United States Code, is amended by striking
the item relating to section 554, ``Border tunnels and
passages'', and inserting the following:
``555. Border tunnels and passages.''.
(b) Criminal Forfeiture.--Section 982(a)(6) of title 18,
United States Code, is amended by striking ``554'' and
inserting ``555''.
(c) Directive to the United States Sentencing Commission.--
Section 551(d) of the Department of Homeland Security
Appropriations Act, 2007 (Public Law 109-295; 120 Stat. 1390)
is amended in paragraphs (1) and (2)(A) by striking ``554''
and inserting ``555''.
Sec. 537. Sexual Abuse. Sections 2241, 2242, 2243, and 2244
of title 18, United States Code, are each amended by striking
``the Attorney General'' each place that term appears and
inserting ``the head of any Federal department or agency''.
[[Page 20962]]
Sec. 538. Plan for the Control and Management of Arundo
Donax. (a) Definitions.--In this section:
(1) Arundo donax.--The term ``Arundo donax'' means a tall
perennial reed commonly known as ``Carrizo cane'', ``Spanish
cane'', ``wild cane'', and ``giant cane''.
(2) Plan.--The term ``plan'' means the plan for the control
and management of Arundo donax developed under subsection
(b).
(3) River.--The term ``River'' means the Rio Grande River.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(b) Development of Plan.--
(1) In general.--The Secretary shall develop a plan for the
control and management of Arundo donax along the portion of
the River that serves as the international border between the
United States and Mexico.
(2) Components.--In developing the plan, the Secretary
shall address--
(A) information derived by the Secretary of Agriculture and
the Secretary of the Interior from ongoing efforts to
identify the most effective biological, mechanical, and
chemical means of controlling and managing Arundo donax;
(B) past and current efforts to understand--
(i) the ecological damages caused by Arundo donax; and
(ii) the dangers Arundo donax poses to Federal and local
law enforcement;
(C) any international agreements and treaties that need to
be completed to allow for the control and management of
Arundo donax on both sides of the River;
(D) the long-term efforts that the Secretary considers to
be necessary to control and manage Arundo donax, including
the cost estimates for the implementation of the efforts; and
(E) whether a waiver of applicable Federal environmental
laws (including regulations) is necessary.
(3) Consultation.--The Secretary shall develop the plan in
consultation with the Secretary of Agriculture, the Secretary
of the Interior, the Secretary of State, the Chief of
Engineers, and any other Federal and State agencies that have
appropriate expertise regarding the control and management of
Arundo donax.
(c) Report.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall submit the plan
to--
(1) the Committees on the Judiciary of the Senate and the
House of Representatives; and
(2) the Committees on Appropriations of the Senate and the
House of Representatives.
Sec. 539. Reporting of Waste, Fraud, and Abuse. Not later
than 30 days after the date of enactment of this Act--
(1) the Secretary of Homeland Security shall establish and
maintain on the homepage of the website of the Department of
Homeland Security, a direct link to the website of the Office
of Inspector General of the Department of Homeland Security;
and
(2) the Inspector General of the Department of Homeland
Security shall establish and maintain on the homepage of the
website of the Office of Inspector General a direct link for
individuals to anonymously report waste, fraud, or abuse.
Sec. 540. The Secretary of Homeland Security shall require
that all contracts of the Department of Homeland Security
that provide award fees link such fees to successful
acquisition outcomes (which outcomes shall be specified in
terms of cost, schedule, and performance).
Sec. 541. None of the funds made available to the Office of
the Secretary and Executive Management under this Act may be
expended for any new hires by the Department of Homeland
Security that are not verified through the basic pilot
program required under section 401 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1324a note).
Sec. 542. None of the funds made available in this Act for
U.S. Customs and Border Protection or any agency or office
within the Department of Homeland Security may be used to
prevent an individual from importing a prescription drug from
Canada if--
(1) such individual is not in the business of importing a
prescription drug (within the meaning of section 801(g) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381(g)));
and
(2) such drug--
(A) complies with sections 501, 502, and 505 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 351, 352, and 355);
and
(B) is not--
(i) a controlled substance, as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802); or
(ii) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
Sec. 543. Prohibition on Use of Funds for Rulemaking
Related to Petitions for Aliens. None of the funds made
available in this Act may be used by the Secretary of
Homeland Security or any delegate of the Secretary to issue
any rule or regulation which implements the Notice of
Proposed Rulemaking related to Petitions for Aliens To
Perform Temporary Nonagricultural Services or Labor (H-2B)
set out beginning on 70 Federal Register 3984 (January 27,
2005).
Sec. 544. None of the funds appropriated or otherwise made
available by this Act may be obligated or expended by the
Secretary of Homeland Security to remove offenses from the
list of criminal offenses disqualifying individuals from
receiving a Transportation Worker Identification Credential
under section 1572.103 of title 49, Code of Federal
Regulations.
Sec. 545. (a)(1)(A) None of the funds appropriated or
otherwise made available by this Act may be used to make any
payment in connection with a contract awarded through a
congressional initiative unless the contract is awarded using
competitive procedures in accordance with the requirements of
section 303 of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 253), section 2304 of title
10, United States Code, and the Federal Acquisition
Regulation.
(B) Except as provided in paragraph (3), none of the funds
appropriated or otherwise made available by this Act may be
used to make any payment in connection with a contract
awarded through a congressional initiative unless more than
one bid is received for such contract.
(2) Notwithstanding any other provision of this Act, none
of the funds appropriated or otherwise made available by this
Act may be awarded by grant or cooperative agreement through
a congressional initiative unless the process used to award
such grant or cooperative agreement uses competitive
procedures to select the grantee or award recipient. Except
as provided in paragraph (3), no such grant may be awarded
unless applications for such grant or cooperative agreement
are received from two or more applicants that are not from
the same organization and do not share any financial,
fiduciary, or other organizational relationship.
(3)(A) If the Secretary of Homeland Security does not
receive more than one bid for a contract under paragraph
(1)(B) or does not receive more than one application from
unaffiliated applicants for a grant or cooperative agreement
under paragraph (2), the Secretary may waive such bid or
application requirement if the Secretary determines that the
contract, grant, or cooperative agreement is essential to the
mission of the Department of Homeland Security.
(b)(1) Not later than December 31, 2008, the Secretary of
Homeland Security shall submit to Congress a report on
congressional initiatives for which amounts were appropriated
during fiscal year 2008.
(2) The report submitted under paragraph (1) shall include
with respect to each contract and grant awarded through a
congressional initiative--
(A) the name of the recipient of the funds awarded through
such contract or grant;
(B) the reason or reasons such recipient was selected for
such contract or grant; and
(C) the number of entities that competed for such contract
or grant.
(3) The report submitted under paragraph (1) shall be made
publicly available through the Internet website of the
Department of Homeland Security.
(c) In this section:
(1) The term ``congressional initiative'' means a provision
of law or a directive contained within a committee report or
joint statement of managers of an appropriations Act that
specifies--
(A) the identity of a person or entity selected to carry
out a project, including a defense system, for which funds
are appropriated or otherwise made available by that
provision of law or directive and that was not requested by
the President in a budget submitted to Congress; and
(B) the amount of the funds appropriated or otherwise made
available for such project.
(2) The term ``executive agency'' has the meaning given
such term in section 4 of the Office of Federal Procurement
Policy Act (41 U.S.C. 403).
Sec. 546. Border Security Requirements for Land and
Maritime Borders of the United States. (a) Operational
Control of the United States Borders.--The President shall
ensure that operational control of all international land and
maritime borders is achieved.
(b) Achieving Operational Control.--The Secretary of
Homeland Security shall establish and demonstrate operational
control of 100 percent of the international land and maritime
borders of the United States, including the ability to
monitor such borders through available methods and
technology.
(1) Staff Enhancements for Border Patrol.--The United
States Customs and Border Protection Border Patrol may hire,
train, and report for duty additional full-time agents. These
additional agents shall be deployed along all international
borders.
(2) Strong Border Barriers.--The United States Customs and
Border Protection Border Patrol may:
(A) Install along all international borders of the United
States vehicle barriers;
(B) Install along all international borders of the United
States ground-based radar and cameras; and
(C) Deploy for use along all international borders of the
United States unmanned aerial vehicles, and the supporting
systems for such vehicles;
(c) Presidential Progress Report.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, and every 90 days thereafter, the
President shall submit a report to Congress detailing the
progress made in funding, meeting or otherwise satisfying
each of the requirements described under paragraphs (1) and
(2).
(2) Progress not sufficient.--If the President determines
that sufficient progress is not being made, the President
shall include in the report required under paragraph (1)
specific funding recommendations, authorization needed, or
other actions that are or should be undertaken by the
Secretary of Homeland Security.
(d) Appropriations for Securing Land and Maritime Borders
of the United States.--Any funds appropriated under division
B of this
[[Page 20963]]
Act shall be used to ensure operational control is achieved
for all international land and maritime borders of the United
States.
Sec. 547. Improvements to the Employment Eligibility
Verification Basic Pilot Program. Of the amounts appropriated
for border security and employment verification improvements
under section 1003 of Division B, $60,000,000 shall be made
available to--
(1) ensure that State and local programs have sufficient
access to, and are sufficiently coordinated with, the Federal
Government's Employment Eligibility Verification System;
(2) ensure that such system has sufficient capacity to
timely and accurately--
(A) register employers in States with employer verification
requirements;
(B) respond to inquiries by employers; and
(C) enter into memoranda of understanding with States to
ensure responses to subparagraphs (A) and (B); and
(3) develop policies and procedures to ensure protection of
the privacy and security of personally identifiable
information and identifiers contained in the basic pilot
program, including appropriate privacy and security training
for State employees;
(4) ensure that the Office for Civil Rights and Civil
Liberties of the Department of Justice has sufficient
capacity to conduct audits of the Federal Government's
Employment Eligibility Verification System to assess employer
compliance with System requirements, including the applicable
Memorandum of Understanding;
(5) these amounts are designated as an emergency
requirement pursuant to section 204 of S. Con. Res. 21 (110th
Congress).
Sec. 548. In-lieu Contribution. The Administrator of the
Federal Emergency Management Agency shall authorize a large
in-lieu contribution under section 406(c)(1) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5172(c)(1)) to the Peebles School in Iberia Parish,
Louisiana for damages relating to Hurricane Katrina of 2005
or Hurricane Rita of 2005, notwithstanding section
406(c)(1)(C) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5172(c)(1)(C)).
Sec. 549. National Strategy on Closed Circuit Television
Systems. (a) In General.--Not later than 1 year after the
date of the enactment of this Act, the Secretary of Homeland
Security shall--
(1) develop a national strategy for the effective and
appropriate use of closed circuit television to prevent and
respond to acts of terrorism, which shall include--
(A) an assessment of how closed circuit television and
other public surveillance systems can be used most
effectively as part of an overall terrorism preparedness,
prevention, and response program, and its appropriate role in
such a program;
(B) a comprehensive examination of the advantages and
limitations of closed circuit television and, as appropriate,
other public surveillance technologies;
(C) best practices on camera use and data storage;
(D) plans for coordination between the Federal Government
and State and local governments, and the private sector--
(i) in the development and use of closed circuit television
systems; and
(ii) for Federal assistance and support for State and local
utilization of such systems;
(E) plans for pilot programs or other means of determining
the real-world efficacy and limitations of closed circuit
televisions systems;
(F) an assessment of privacy and civil liberties concerns
raised by use of closed circuit television and other public
surveillance systems, and guidelines to address such
concerns; and
(G) an assessment of whether and how closed circuit
television systems and other public surveillance systems are
effectively utilized by other democratic countries in
combating terrorism; and
(2) provide to the Committees on Homeland Security and
Governmental Affairs, Appropriations, and the Judiciary of
the Senate and the Committees on Homeland Security,
Appropriations, and the Judiciary of the House of
Representatives a report that includes--
(A) the strategy required under paragraph (1);
(B) the status and findings of any pilot program involving
closed circuit televisions or other public surveillance
systems conducted by, in coordination with, or with the
assistance of the Department of Homeland Security up to the
time of the report; and
(C) the annual amount of funds used by the Department of
Homeland Security, either directly by the Department or
through grants to State, local, or tribal governments, to
support closed circuit television and the public surveillance
systems of the Department, since fiscal year 2004.
(b) Consultation.--In preparing the strategy and report
required under subsection (a), the Secretary of Homeland
Security shall consult with the Attorney General, the Chief
Privacy Officer of the Department of Homeland Security, and
the Officer for Civil Rights and Civil Liberties of the
Department of Homeland Security.
Sec. 550. Secure Handling of Ammonium Nitrate.--(a) In
General.--Title VIII of the Homeland Security Act of 2002 (6
U.S.C. 361 et seq.) is amended by adding at the end the
following:
``Subtitle J--Secure Handling of Ammonium Nitrate
``SEC. 899A. DEFINITIONS.
``In this subtitle:
``(1) Ammonium nitrate.--The term `ammonium nitrate'
means--
``(A) solid ammonium nitrate that is chiefly the ammonium
salt of nitric acid and contains not less than 33 percent
nitrogen by weight; and
``(B) any mixture containing a percentage of ammonium
nitrate that is equal to or greater than the percentage
determined by the Secretary under section 899B(b).
``(2) Ammonium nitrate facility.--The term `ammonium
nitrate facility' means any entity that produces, sells or
otherwise transfers ownership of, or provides application
services for ammonium nitrate.
``(3) Ammonium nitrate purchaser.--The term `ammonium
nitrate purchaser' means any person who buys and takes
possession of ammonium nitrate from an ammonium nitrate
facility.
``SEC. 899B. REGULATION OF THE SALE AND TRANSFER OF AMMONIUM
NITRATE.
``(a) In General.--The Secretary shall regulate the sale
and transfer of ammonium nitrate by an ammonium nitrate
facility in accordance with this subtitle to prevent the
misappropriation or use of ammonium nitrate in an act of
terrorism.
``(b) Ammonium Nitrate Mixtures.--Not later than 90 days
after the date of the enactment of this subtitle, the
Secretary, in consultation with the heads of appropriate
Federal departments and agencies (including the Secretary of
Agriculture), shall, after notice and an opportunity for
comment, establish a threshold percentage for ammonium
nitrate in a substance.
``(c) Registration of Owners of Ammonium Nitrate
Facilities.--
``(1) Registration.--The Secretary shall establish a
process by which any person that--
``(A) owns an ammonium nitrate facility is required to
register with the Department; and
``(B) registers under subparagraph (A) is issued a
registration number for purposes of this subtitle.
``(2) Registration information.--Any person applying to
register under paragraph (1) shall submit to the Secretary--
``(A) the name, address, and telephone number of each
ammonium nitrate facility owned by that person;
``(B) the name of the person designated by that person as
the point of contact for each such facility, for purposes of
this subtitle; and
``(C) such other information as the Secretary may determine
is appropriate.
``(d) Registration of Ammonium Nitrate Purchasers.--
``(1) Registration.--The Secretary shall establish a
process by which any person that--
``(A) intends to be an ammonium nitrate purchaser is
required to register with the Department; and
``(B) registers under subparagraph (A) is issued a
registration number for purposes of this subtitle.
``(2) Registration information.--Any person applying to
register under paragraph (1) as an ammonium nitrate purchaser
shall submit to the Secretary--
``(A) the name, address, and telephone number of the
applicant; and
``(B) the intended use of ammonium nitrate to be purchased
by the applicant.
``(e) Records.--
``(1) Maintenance of records.--The owner of an ammonium
nitrate facility shall--
``(A) maintain a record of each sale or transfer of
ammonium nitrate, during the two-year period beginning on the
date of that sale or transfer; and
``(B) include in such record the information described in
paragraph (2).
``(2) Specific information required.--For each sale or
transfer of ammonium nitrate, the owner of an ammonium
nitrate facility shall--
``(A) record the name, address, telephone number, and
registration number issued under subsection (c) or (d) of
each person that takes possession of ammonium nitrate, in a
manner prescribed by the Secretary;
``(B) if applicable, record the name, address, and
telephone number of each individual who takes possession of
the ammonium nitrate on behalf of the person described in
subparagraph (A), at the point of sale;
``(C) record the date and quantity of ammonium nitrate sold
or transferred; and
``(D) verify the identity of the persons described in
subparagraphs (A) and (B), as applicable, in accordance with
a procedure established by the Secretary.
``(3) Protection of information.--In maintaining records in
accordance with paragraph (1), the owner of an ammonium
nitrate facility shall take reasonable actions to ensure the
protection of the information included in such records.
``(f) Exemption for Explosive Purposes.--The Secretary may
exempt from this subtitle a person producing, selling, or
purchasing ammonium nitrate exclusively for use in the
production of an explosive under a license issued under
chapter 40 of title 18, United States Code.
``(g) Consultation.--In carrying out this section, the
Secretary shall consult with the Secretary of Agriculture,
States, and appropriate private sector entities, to ensure
that the access of agricultural producers to ammonium nitrate
is not unduly burdened.
``(h) Data Confidentiality.--
``(1) In general.--Notwithstanding section 552 of title 5,
United States Code, or the USA PATRIOT ACT (Public Law 107-
56; 115 Stat. 272), and except as provided in paragraph (2),
the Secretary may not disclose to any person any information
obtained under this subtitle.
``(2) Exception.--The Secretary may disclose any
information obtained by the Secretary under this subtitle
to--
[[Page 20964]]
``(A) an officer or employee of the United States, or a
person that has entered into a contract with the United
States, who has a need to know the information to perform the
duties of the officer, employee, or person; or
``(B) to a State agency under section 899D, under
appropriate arrangements to ensure the protection of the
information.
``(i) Registration Procedures and Check of Terrorist
Screening Database.--
``(1) Registration procedures.--
``(A) Generally.--The Secretary shall establish procedures
to efficiently receive applications for registration numbers
under this subtitle, conduct the checks required under
paragraph (2), and promptly issue or deny a registration
number.
``(B) Initial six-month registration period.--The Secretary
shall take steps to maximize the number of registration
applications that are submitted and processed during the six-
month period described in section 899F(e).
``(2) Check of terrorist screening database.--
``(A) Check required.--The Secretary shall conduct a check
of appropriate identifying information of any person seeking
to register with the Department under subsection (c) or (d)
against identifying information that appears in the terrorist
screening database of the Department.
``(B) Authority to deny registration number.--If the
identifying information of a person seeking to register with
the Department under subsection (c) or (d) appears in the
terrorist screening database of the Department, the Secretary
may deny issuance of a registration number under this
subtitle.
``(3) Expedited review of applications.--
``(A) In general.--Following the six-month period described
in section 899F(e), the Secretary shall, to the extent
practicable, issue or deny registration numbers under this
subtitle not later than 72 hours after the time the Secretary
receives a complete registration application, unless the
Secretary determines, in the interest of national security,
that additional time is necessary to review an application.
``(B) Notice of application status.--In all cases, the
Secretary shall notify a person seeking to register with the
Department under subsection (c) or (d) of the status of the
application of that person not later than 72 hours after the
time the Secretary receives a complete registration
application.
``(4) Expedited appeals process.--
``(A) Requirement.--
``(i) Appeals process.--The Secretary shall establish an
expedited appeals process for persons denied a registration
number under this subtitle.
``(ii) Time period for resolution.--The Secretary shall, to
the extent practicable, resolve appeals not later than 72
hours after receiving a complete request for appeal unless
the Secretary determines, in the interest of national
security, that additional time is necessary to resolve an
appeal.
``(B) Consultation.--The Secretary, in developing the
appeals process under subparagraph (A), shall consult with
appropriate stakeholders.
``(C) Guidance.--The Secretary shall provide guidance
regarding the procedures and information required for an
appeal under subparagraph (A) to any person denied a
registration number under this subtitle.
``(5) Restrictions on use and maintenance of information.--
``(A) In general.--Any information constituting grounds for
denial of a registration number under this section shall be
maintained confidentially by the Secretary and may be used
only for making determinations under this section.
``(B) Sharing of information.--Notwithstanding any other
provision of this subtitle, the Secretary may share any such
information with Federal, State, local, and tribal law
enforcement agencies, as appropriate.
``(6) Registration information.--
``(A) Authority to require information.--The Secretary may
require a person applying for a registration number under
this subtitle to submit such information as may be necessary
to carry out the requirements of this section.
``(B) Requirement to update information.--The Secretary may
require persons issued a registration under this subtitle to
update registration information submitted to the Secretary
under this subtitle, as appropriate.
``(7) Re-checks against terrorist screening database.--
``(A) Re-checks.--The Secretary shall, as appropriate,
recheck persons provided a registration number pursuant to
this subtitle against the terrorist screening database of the
Department, and may revoke such registration number if the
Secretary determines such person may pose a threat to
national security.
``(B) Notice of revocation.--The Secretary shall, as
appropriate, provide prior notice to a person whose
registration number is revoked under this section and such
person shall have an opportunity to appeal, as provided in
paragraph (4).
``SEC. 899C. INSPECTION AND AUDITING OF RECORDS.
``The Secretary shall establish a process for the periodic
inspection and auditing of the records maintained by owners
of ammonium nitrate facilities for the purpose of monitoring
compliance with this subtitle or for the purpose of deterring
or preventing the misappropriation or use of ammonium nitrate
in an act of terrorism.
``SEC. 899D. ADMINISTRATIVE PROVISIONS.
``(a) Cooperative Agreements.--The Secretary--
``(1) may enter into a cooperative agreement with the
Secretary of Agriculture, or the head of any State department
of agriculture or its designee involved in agricultural
regulation, in consultation with the State agency responsible
for homeland security, to carry out the provisions of this
subtitle; and
``(2) wherever possible, shall seek to cooperate with State
agencies or their designees that oversee ammonium nitrate
facility operations when seeking cooperative agreements to
implement the registration and enforcement provisions of this
subtitle.
``(b) Delegation.--
``(1) Authority.--The Secretary may delegate to a State the
authority to assist the Secretary in the administration and
enforcement of this subtitle.
``(2) Delegation required.--At the request of a Governor of
a State, the Secretary shall delegate to that State the
authority to carry out functions under sections 899B and
899C, if the Secretary determines that the State is capable
of satisfactorily carrying out such functions.
``(3) Funding.--Subject to the availability of
appropriations, if the Secretary delegates functions to a
State under this subsection, the Secretary shall provide to
that State sufficient funds to carry out the delegated
functions.
``(c) Provision of Guidance and Notification Materials to
Ammonium Nitrate Facilities.--
``(1) Guidance.--The Secretary shall make available to each
owner of an ammonium nitrate facility registered under
section 899B(c)(1) guidance on--
``(A) the identification of suspicious ammonium nitrate
purchases or transfers or attempted purchases or transfers;
``(B) the appropriate course of action to be taken by the
ammonium nitrate facility owner with respect to such a
purchase or transfer or attempted purchase or transfer,
including--
``(i) exercising the right of the owner of the ammonium
nitrate facility to decline sale of ammonium nitrate; and
``(ii) notifying appropriate law enforcement entities; and
``(C) additional subjects determined appropriate by to
prevent the misappropriation or use of ammonium nitrate in an
act of terrorism.
``(2) Use of materials and programs.--In providing guidance
under this subsection, the Secretary shall, to the extent
practicable, leverage any relevant materials and programs.
``(3) Notification materials.--
``(A) In general.--The Secretary shall make available
materials suitable for posting at locations where ammonium
nitrate is sold.
``(B) Design of materials.--Materials made available under
subparagraph (A) shall be designed to notify prospective
ammonium nitrate purchasers of--
``(i) the record-keeping requirements under section 899B;
and
``(ii) the penalties for violating such requirements.
``SEC. 899E. THEFT REPORTING REQUIREMENT.
``Any person who is required to comply with section 899B(e)
who has knowledge of the theft or unexplained loss of
ammonium nitrate shall report such theft or loss to the
appropriate Federal law enforcement authorities not later
than 1 calendar day of the date on which the person becomes
aware of such theft or loss. Upon receipt of such report, the
relevant Federal authorities shall inform State, local, and
tribal law enforcement entities, as appropriate.
``SEC. 899F. PROHIBITIONS AND PENALTY.
``(a) Prohibitions.--
``(1) Taking possession.--No person shall take possession
of ammonium nitrate from an ammonium nitrate facility unless
such person is registered under subsection (c) or (d) of
section 899B, or is an agent of a person registered under
subsection (c) or (d) of that section.
``(2) Transferring possession.--An owner of an ammonium
nitrate facility shall not transfer possession of ammonium
nitrate from the ammonium nitrate facility to any person who
is not registered under subsection (c) or (d) of section
899B, or is not an agent of a person registered under
subsection (c) or (d) of that section.
``(3) Other prohibitions.--No person shall--
``(A) buy and take possession of ammonium nitrate without a
registration number required under subsection (c) or (d) of
section 899B;
``(B) own or operate an ammonium nitrate facility without a
registration number required under section 899B(c); or
``(C) fail to comply with any requirement or violate any
other prohibition under this subtitle.
``(b) Civil Penalty.--A person that violates this subtitle
may be assessed a civil penalty by the Secretary of not more
than $50,000 per violation.
``(c) Penalty Considerations.--In determining the amount of
a civil penalty under this section, the Secretary shall
consider--
``(1) the nature and circumstances of the violation;
``(2) with respect to the person who commits the violation,
any history of prior violations, the ability to pay the
penalty, and any effect the penalty is likely to have on the
ability of such person to do business; and
``(3) any other matter that the Secretary determines that
justice requires.
``(d) Notice and Opportunity for a Hearing.--No civil
penalty may be assessed under this subtitle unless the person
liable for the penalty has been given notice and an
opportunity for a hearing on the violation for which the
penalty is to be assessed in the county, parish, or
incorporated city of residence of that person.
[[Page 20965]]
``(e) Delay in Application of Prohibition.--Paragraphs (1)
and (2) of subsection (a) shall apply on and after the date
that is 6 months after the date that the Secretary issues of
a final rule implementing this subtitle.
``SEC. 899G. PROTECTION FROM CIVIL LIABILITY.
``(a) In General.--Notwithstanding any other provision of
law, an owner of an ammonium nitrate facility that in good
faith refuses to sell or transfer ammonium nitrate to any
person, or that in good faith discloses to the Department or
to appropriate law enforcement authorities an actual or
attempted purchase or transfer of ammonium nitrate, based
upon a reasonable belief that the person seeking purchase or
transfer of ammonium nitrate may use the ammonium nitrate to
create an explosive device to be employed in an act of
terrorism (as defined in section 3077 of title 18, United
States Code), or to use ammonium nitrate for any other
unlawful purpose, shall not be liable in any civil action
relating to that refusal to sell ammonium nitrate or that
disclosure.
``(b) Reasonable Belief.--A reasonable belief that a person
may use ammonium nitrate to create an explosive device to be
employed in an act of terrorism under subsection (a) may not
solely be based on the race, sex, national origin, creed,
religion, status as a veteran, or status as a member of the
Armed Forces of the United States of that person.
``SEC. 899H. PREEMPTION OF OTHER LAWS.
``(a) Other Federal Regulations.--Except as provided in
section 899G, nothing in this subtitle affects any regulation
issued by any agency other than an agency of the Department.
``(b) State Law.--Subject to section 899G, this subtitle
preempts the laws of any State to the extent that such laws
are inconsistent with this subtitle, except that this
subtitle shall not preempt any State law that provides
additional protection against the acquisition of ammonium
nitrate by terrorists or the use of ammonium nitrate in
explosives in acts of terrorism or for other illicit
purposes, as determined by the Secretary.
``SEC. 899I. DEADLINES FOR REGULATIONS.
``The Secretary--
``(1) shall issue a proposed rule implementing this
subtitle not later than 6 months after the date of the
enactment of this subtitle; and
``(2) issue a final rule implementing this subtitle not
later than 1 year after such date of enactment.
``SEC. 899J. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the
Secretary--
``(1) $2,000,000 for fiscal year 2008; and
``(2) $10,750,000 for each of fiscal years 2009 through
2012.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of such Act is amended by inserting after the item
relating to section 899 the following:
``Subtitle J--Secure Handling of Ammonium Nitrate
``Sec. 899A. Definitions.
``Sec. 899B. Regulation of the sale and transfer of ammonium nitrate.
``Sec. 899C. Inspection and auditing of records.
``Sec. 899D. Administrative provisions.
``Sec. 899E. Theft reporting requirement.
``Sec. 899F. Prohibitions and penalty.
``Sec. 899G. Protection from civil liability.
``Sec. 899H. Preemption of other laws.
``Sec. 899I. Deadlines for regulations.
``Sec. 899J. Authorization of appropriations.''.
Sec. 552. Risk Management and Analysis Special Event; 2010
Vancouver Olympic and Paralympic Games. As soon as
practicable, but not later than 3 months after the date of
enactment of this Act, the Secretary of Homeland Security
shall submit to the Committee on Appropriations, the
Committee on Homeland Security and Governmental Affairs, and
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Appropriations, the Committee on
Homeland Security, and the Committee on Transportation and
Infrastructure of the House of Representatives a report
regarding the plans of the Secretary of Homeland Security
relating to--
(1) implementing the recommendations regarding the 2010
Vancouver Olympic and Paralympic Games in the Joint
Explanatory Statement of the Committee of Conference on H.R.
5441 (109th Congress), the Department of Homeland Security
Appropriations Act, 2007, with specific funding strategies
for--
(A) the Multiagency Coordination Center; and
(B) communications exercises to validate communications
pathways, test equipment, and support the training and
familiarization of personnel on the operations of the
different technologies used to support the 2010 Vancouver
Olympic and Paralympic Games; and
(2) the feasibility of implementing a program to prescreen
individuals traveling by rail between Vancouver, Canada and
Seattle, Washington during the 2010 Vancouver Olympic and
Paralympic Games, while those individuals are located in
Vancouver, Canada, similar to the preclearance arrangements
in effect in Vancouver, Canada for certain flights between
the United States and Canada.
Sec. 553. Improvement of Barriers at Border. Section 102 of
the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (8 U.S.C. 1103 note) is amended--
(1) in subsection (a), by striking ``Attorney General, in
consultation with the Commissioner of Immigration and
Naturalization,'' and inserting ``Secretary of Homeland
Security''; and
(2) in subsection (b)--
(A) in the subsection heading, by striking ``in the Border
Area'' and inserting ``Along the Border'';
(B) by redesignating paragraphs (1), (2), (3), and (4) as
paragraphs (2), (3), (4), and (5), respectively;
(C) in paragraph (2), as redesignated--
(i) in the paragraph heading, by striking ``Security
features'' and inserting ``Additional fencing along southwest
border''; and
(ii) by striking subparagraphs (A) through (C) and
inserting the following:
``(A) Reinforced fencing.--In carrying out subsection (a),
the Secretary of Homeland Security shall construct reinforced
fencing along not less than 700 miles of the southwest border
where fencing would be most practical and effective and
provide for the installation of additional physical barriers,
roads, lighting, cameras, and sensors to gain operational
control of the southwest border.
``(B) Priority areas.--In carrying out this section, the
Secretary of Homeland Security shall--
``(i) identify the 370 miles along the southwest border
where fencing would be most practical and effective in
deterring smugglers and aliens attempting to gain illegal
entry into the United States; and
``(ii) not later than December 31, 2008, complete
construction of reinforced fencing along the 370 miles
identified under clause (i).
``(C) Consultation.--
``(i) In general.--In carrying out this section, the
Secretary of Homeland Security shall consult with the
Secretary of Interior, the Secretary of Agriculture, States,
local governments, Indian tribes, and property owners in the
United States to minimize the impact on the environment,
culture, commerce, and quality of life for the communities
and residents located near the sites at which such fencing is
to be constructed.
``(ii) Savings provision.--Nothing in this subparagraph may
be construed to--
``(I) create any right of action for a State, local
government, or other person or entity affected by this
subsection; or
``(II) affect the eminent domain laws of the United States
or of any State.
``(D) Limitation on requirements.--Notwithstanding
subparagraph (A), nothing in this paragraph shall require the
Secretary of Homeland Security to install fencing, physical
barriers, roads, lighting, cameras, and sensors in a
particular location along an international border of the
United States, if the Secretary determines that the use or
placement of such resources is not the most appropriate means
to achieve and maintain operational control over the
international border at such location.''; and
(D) in paragraph (5), as redesignated, by striking ``to
carry out this subsection not to exceed $12,000,000'' and
inserting ``such sums as may be necessary to carry out this
subsection''.
Sec. 554. Accountability in Grant and Contract
Administration. The Department of Homeland Security, through
the Federal Emergency Management Agency, shall--
(1) consider implementation, through fair and open
competition, of management, tracking and accountability
systems to assist in managing grant allocations,
distribution, expenditures, and asset tracking; and
(2) consider any efficiencies created through cooperative
purchasing agreements.
Sec. 555. None of the funds made available in this Act may
be used to destroy or put out to pasture any horse or other
equine belonging to the Federal Government that has become
unfit for service, unless the trainer or handler is first
given the option to take possession of the equine through an
adoption program that has safeguards against slaughter and
inhumane treatment.
Sec. 556. International Registered Traveler Program.
Section 7208(k)(3) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (8 U.S.C. 1365b(k)(3)) is amended to
read as follows:
``(3) International registered traveler program.--
``(A) In general.--The Secretary of Homeland Security shall
establish an international registered traveler program that
incorporates available technologies, such as biometrics and
e-passports, and security threat assessments to expedite the
screening and processing of international travelers,
including United States Citizens and residents, who enter and
exit the United States. The program shall be coordinated with
the US-VISIT program, other pre-screening initiatives, and
the Visa Waiver Program within the Department of Homeland
Security.
``(B) Fees.--The Secretary may impose a fee for the program
established under subparagraph (A) and may modify such fee
from time to time. The fee may not exceed the aggregate costs
associated with the program and shall be credited to the
Department of Homeland Security for purposes of carrying out
the program. Amounts so credited shall remain available until
expended.
``(C) Rulemaking.--Within 365 days after the date of
enactment of this paragraph, the Secretary shall initiate a
rulemaking to establish the program, criteria for
participation, and the fee for the program.
``(D) Implementation.--Not later than 2 years after the
date of enactment of this paragraph, the Secretary shall
establish a phased-implementation of a biometric-based
international registered traveler program in conjunction with
the US-VISIT entry and exit system, other pre-screening
initiatives, and the Visa Waiver Program within the
Department of Homeland Security at United States airports
with the highest volume of international travelers.
[[Page 20966]]
``(E) Participation.--The Secretary shall ensure that the
international registered traveler program includes as many
participants as practicable by--
``(i) establishing a reasonable cost of enrollment;
``(ii) making program enrollment convenient and easily
accessible; and
``(iii) providing applicants with clear and consistent
eligibility guidelines.''.
Sec. 557. Report on the Performance Accountability and
Standards System of the Transportation Security
Administration. Not later than March 1, 2008, the
Transportation Security Administration shall submit a report
to the Committees on Appropriations of the Senate and the
House of Representatives, the Committee on Homeland Security
and Governmental Affairs of the Senate, the Committee on
Commerce, Science, and Transportation of the Senate, the
Committee on Homeland Security of the House of
Representatives, and the Committee on Transportation and
Infrastructure of the House of Representatives on the
implementation of the Performance Accountability and
Standards System, including--
(1) the number of employees who achieved each level of
performance;
(2) a comparison between managers and non-managers relating
to performance and pay increases;
(3) the type and amount of all pay increases that have
taken effect for each level of performance; and
(4) the attrition of employees covered by the Performance
Accountability and Standards System.
Sec. 558. Shared Border Management. (a) Study.--The
Comptroller General of the United States shall conduct a
study on the Department of Homeland Security's use of shared
border management to secure the international borders of the
United States.
(b) Report.--The Comptroller General shall submit a report
to Congress that describes--
(1) any negotiations, plans, or designs conducted by
officials of the Department of Homeland Security regarding
the practice of shared border management; and
(2) the factors required to be in place for shared border
management to be successful.
Sec. 559. Amounts authorized to be appropriated in the
Border Law Enforcement Relief Act of 2007 are increased by
$50,000,000 for each of the fiscal years 2008 through 2012.
Sec. 560. GAO Study of Cost of Fencing on the Southern
Border. (a) Inquiry and Report Required.--The Comptroller of
the United States shall conduct a study examining--
(1) the total amount of money that has been expended, as of
June 20, 2007, to construct 90 miles of fencing on the
southern border of the United States;
(2) the average cost per mile of the 90 miles of fencing on
the southern border as of June 20, 2007;
(3) the average cost per mile of the 370 miles of fencing
that the Department of Homeland Security is required to have
completed on the southern border by December 31, 2008, which
shall include $1,187,000,000 appropriated in fiscal year 2007
for ``border security fencing, technology, and
infrastructure'' and the $1,000,000,000 appropriated under
this Act under the heading ``Border Security Fencing,
Infrastructure, and Technology'';
(4) the total cost and average cost per mile to construct
the 700 linear miles (854 topographical miles) of fencing on
the southern border required to be constructed under section
102(b) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996, as amended by section 3 of the
Secure Fence Act of 2006 (Public Law 109-367);
(5) the total cost and average cost per mile to construct
the fencing described in paragraph (4) if the double layer
fencing requirement were eliminated; and
(6) the number of miles of single layer fencing, if fencing
were not accompanied by additional technology and
infrastructure such as cameras, sensors, and roads, which
could be built with the $1,187,000,000 appropriated in fiscal
year 2007 for ``border security fencing, technology, and
infrastructure'' and the $1,000,000,000 appropriated under
this Act under the heading ``Border Security Fencing,
Infrastructure, and Technology''.
(b) Submission of Report.--Not later than 1 year after the
date of the enactment of this Act, the Comptroller General
shall submit a report on the results of the study conducted
pursuant to subsection (a) to--
(1) the Committee on Appropriations of the Senate;
(2) the Committee on the Judiciary of the Senate;
(3) the Committee on Appropriations of the House of
Representatives; and
(4) the Committee on the Judiciary of the House of
Representatives.
Sec. 561. Sense of Senate on Immigration.--(a) Findings.--
The Senate makes the following findings:
(1) On June 28th, 2007, the Senate, by a vote of 46 to 53,
rejected a motion to invoke cloture on a bill to provide for
comprehensive immigration reform.
(2) Illegal immigration remains the top domestic issue in
the United States.
(3) The people of the United States continue to feel the
effects of a failed immigration system on a daily basis, and
they have not forgotten that Congress and the President have
a duty to address the issue of illegal immigration and the
security of the international borders of the United States.
(4) People from across the United States have shared with
members of the Senate their wide ranging and passionate
opinions on how best to reform the immigration system.
(5) There is no consensus on an approach to comprehensive
immigration reform that does not first secure the
international borders of the United States.
(6) There is unanimity that the Federal Government has a
responsibility to, and immediately should, secure the
international borders of the United States.
(7) Border security is an integral part of national
security.
(8) The greatest obstacle the Federal Government faces with
respect to the people of the United States is a lack of trust
that the Federal Government will secure the international
borders of the United States.
(9) This lack of trust is rooted in the past failures of
the Federal Government to uphold and enforce immigration laws
and the failure of the Federal Government to secure the
international borders of the United States.
(10) Failure to uphold and enforce immigration laws has
eroded respect for those laws and eliminated the faith of the
people of the United States in the ability of their elected
officials to responsibly administer immigration programs.
(11) It is necessary to regain the trust of the people of
the United States in the competency of the Federal Government
to enforce immigration laws and manage the immigration
system.
(12) Securing the borders of the United States would serve
as a starting point to begin to address other issues
surrounding immigration reform on which there is not
consensus.
(13) Congress has not fully funded some interior and border
security activities that it has authorized.
(14) The President of the United States can initiate
emergency spending by designating certain spending as
``emergency spending'' in a request to the Congress.
(15) The lack of security on the international borders of
the United States rises to the level of an emergency.
(16) The Border Patrol are apprehending some, but not all,
individuals from countries that the Secretary of State has
determined have repeatedly provided support for acts of
international terrorism who cross or attempt to cross
illegally into the United States.
(17) The Federal Bureau of Investigation is investigating a
human smuggling ring that has been bringing Iraqis and other
Middle Eastern individuals across the international borders
of the United States.
(b) Sense of Senate.--It is the sense of Senate that--
(1) the Federal Government should work to regain the trust
of the people of the United States in its ability of the
Federal Government to secure the international borders of the
United States;
(2) in order to restore the credibility of the Federal
Government on this critical issue, the Federal Government
should prove its ability to enforce immigration laws by
taking actions such as securing the border, stopping the flow
of illegal immigrants and drugs into the United States, and
creating a tamper-proof biometric identification card for
foreign workers; and
(3) the President should request emergency spending that
fully funds--
(A) existing interior and border security authorizations
that have not been funded by Congress; and
(B) the border and interior security initiatives contained
in the bill to provide for comprehensive immigration reform
and for other purposes (S. 1639) introduced in the Senate on
June 18, 2007.
Sec. 562. Ensuring the Safety of Agricultural Imports.--(a)
Findings.--Congress makes the following findings:
(1) The Food and Drug Administration, as part of its
responsibility to ensure the safety of food and other
imports, maintains a presence at 91 of the 320 points of
entry into the United States.
(2) United States Customs and Border Protection personnel
are responsible for monitoring imports and alerting the Food
and Drug Administration to suspicious material entering the
United States at the remaining 229 points of entry.
(b) Report.--The Commissioner of U.S. Customs and Border
Protection shall submit a report to Congress that describes
the training of U.S. Customs and Border Protection personnel
to effectively assist the Food and Drug Administration in
monitoring our Nation's food supply.
Sec. 563. (a) Study on Implementation of Voluntary
Provision of Emergency Services Program.--
(1) Not later than 180 days after the date of the enactment
of this Act, the Administrator of the Transportation Security
Administration shall conduct a study on the implementation of
the voluntary provision of emergency services program
established pursuant to section 44944(a) of title 49, United
States Code (referred to in this section as the ``program'').
(2) As part of the study required by paragraph (1), the
Administrator shall assess the following:
(A) Whether training protocols established by air carriers
and foreign air carriers include training pertinent to the
program and whether such training is effective for purposes
of the program.
(B) Whether employees of air carriers and foreign air
carriers responsible for implementing the program are
familiar with the provisions of the program.
(C) The degree to which the program has been implemented in
airports.
[[Page 20967]]
(D) Whether a helpline or other similar mechanism of
assistance provided by an air carrier, foreign air carrier,
or the Transportation Security Administration should be
established to provide assistance to employees of air
carriers and foreign air carriers who are uncertain of the
procedures of the program.
(3) In making the assessment required by paragraph (2)(C),
the Administrator may make use of unannounced interviews or
other reasonable and effective methods to test employees of
air carriers and foreign air carriers responsible for
registering law enforcement officers, firefighters, and
emergency medical technicians as part of the program.
(4)(A) Not later than 60 days after the completion of the
study required by paragraph (1), the Administrator shall
submit to Congress a report on the findings of such study.
(B) The Administrator shall make such report available to
the public by Internet web site or other appropriate method.
(b) Publication of Report Previously Submitted.--The
Administrator shall make available to the public on the
Internet web site of the Transportation Security
Administration or the Department of Homeland Security the
report required by section 554(b) of the Department of
Homeland Security Appropriations Act, 2007 (Public Law 109-
295).
(c) Mechanism for Reporting Problems.--The Administrator
shall develop a mechanism on the Internet web site of the
Transportation Security Administration or the Department of
Homeland Security by which first responders may report
problems with or barriers to volunteering in the program.
Such mechanism shall also provide information on how to
submit comments related to volunteering in the program.
(d) Air Carrier and Foreign Air Carrier Defined.--In this
section, the terms ``air carrier'' and ``foreign air
carrier'' have the meaning given such terms in section 40102
of title 49, United States Code.
Sec. 564. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in
an amount greater than $5,000,000 or to award a grant in
excess of such amount unless the prospective contractor or
grantee certifies in writing to the agency awarding the
contract or grant that the contractor or grantee has no
unpaid Federal tax assessments, that the contractor or
grantee has entered into an installment agreement or offer in
compromise that has been accepted by the IRS to resolve any
unpaid Federal tax assessments, or, in the case of unpaid
Federal tax assessments other than for income, estate, and
gift taxes, that the liability for the unpaid assessments is
the subject of a non-frivolous administrative or judicial
appeal. For purposes of the preceding sentence, the
certification requirement of part 52.209-5 of the Federal
Acquisition Regulation shall also include a requirement for a
certification by a prospective contractor of whether, within
the three-year period preceding the offer for the contract,
the prospective contractor--
(1) has or has not been convicted of or had a civil
judgment or other judicial determination rendered against the
contractor for violating any tax law or failing to pay any
tax;
(2) has or has not been notified of any delinquent taxes
for which the liability remains unsatisfied; or
(3) has or has not received a notice of a tax lien filed
against the contractor for which the liability remains
unsatisfied or for which the lien has not been released.
Sec. 565. Transportation Facility Access Control Programs.
The Secretary of Homeland Security shall work with
appropriate officials of Florida and of other States to
resolve the differences between the Transportation Worker
Identification Credential program administered by the
Transportation Security Administration and existing State
transportation facility access control programs.
Sec. 566. None of the funds made available in this Act may
be used for planning, testing, piloting, or developing a
national identification card.
Sec. 567. Additional Assistance for Preparation of Plans.
Subparagraph (L) of section 33(b)(3) of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2229(b)(3)) is
amended to read as follows:
``(L) To fund fire prevention programs, including planning
and preparation for wildland fires.''.
Sec. 568. Sense of Congress. It is the sense of Congress
that sufficient funds should be appropriated to allow the
Secretary to increase the number of personnel of U.S. Customs
and Border Protection protecting the northern border by 1,517
officers and 788 agents, as authorized by--
(1) section 402 of the Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and
Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (Public Law
107-56);
(2) section 331 of the Trade Act of 2002 (Public Law 107-
210); and
(3) section 5202 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458).
Sec. 569. Study of Radio Communications Along the
International Borders of the United States.--(a) In
General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security
shall conduct a study to determine the areas along the
international borders of the United States where Federal and
State law enforcement officers are unable to achieve radio
communication or where radio communication is inadequate.
(b) Development of Plan.--
(1) In general.--Upon the conclusion of the study described
in subsection (a), the Secretary shall develop a plan for
enhancing radio communication capability along the
international borders of the United States.
(2) Contents.--The plan developed under paragraph (1) shall
include--
(A) an estimate of the costs required to implement the
plan; and
(B) a description of the ways in which Federal, State, and
local law enforcement officers could benefit from the
implementation of the plan.
Sec. 570. Of the funds provided under this Act or any other
Act to United States Citizenship and Immigration Services,
not less than $1,000,000 shall be provided for a benefits
fraud assessment of the H-1B Visa Program.
Sec. 571. (a) Report on Interagency Operational Centers for
Port Security.--Not later than 180 days after the date of the
enactment of this Act, the Commandant of the Coast Guard
shall submit to Congress a report, and make the report
available on its website, on the implementation and use of
interagency operational centers for port security under
section 70107A of title 46, United States Code.
(b) Elements.--The report required by subsection shall
include the following:
(1) A detailed description of the progress made in
transitioning Project Seahawk in Charleston, South Carolina,
from the Department of Justice to the Coast Guard, including
all projects and equipment associated with that project.
(2) A detailed description of that actions being taken to
assure the integrity of Project Seahawk and ensure there is
no loss in cooperation between the agencies specified in
section 70107A(b)(3) of title 46, United State Code.
(3) A detailed description and explanation of any changes
in Project Seahawk as of the date of the report, including
any changes in Federal, State, or local staffing of that
project.
Sec. 572. (a) The amount appropriated by title III for
necessary expenses for programs authorized by the Federal
Fire Prevention and Control Act of 1974 under the heading
``firefighter assistance grants'' is hereby increased by
$5,000,000 for necessary expenses to carry out the programs
authorized under section 34 of that Act (15 U.S.C. 2229a).
(b) The amount appropriated by title III under the heading
``infrastructure protection and information security'' is
hereby reduced by $5,000,000.
Sec. 573. TSA Acquisition Management Policy. (a) In
General.--Section 114 of title 49, United States Code, is
amended by striking subsection (o) and redesignating
subsections (p) through (t) as subsections (o) through (s),
respectively.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect 180 days after the date of enactment of
this Act.
Sec. 574. Report on Urban Area Security Initiative. Not
later than 180 days after the date of enactment of this Act,
the Government Accountability Office shall submit a report to
the appropriate congressional committees which describes the
criteria and factors the Department of Homeland Security uses
to determine the regional boundaries for Urban Area Security
Initiative regions, including a determination if the
Department is meeting its goal to implement a regional
approach with respect to Urban Area Security Initiative
regions, and provides recommendations for how the Department
can better facilitate a regional approach for Urban Area
Security Initiative regions.
Sec. 575. (a) In this section:
(1) The term ``covered funds'' means funds provided under
section 173 of the Workforce Investment Act of 1998 (29
U.S.C. 2918) to a State that submits an application under
that section not earlier than May 4, 2007, for a national
emergency grant to address the effects of the May 4, 2007,
Greensburg, Kansas tornado.
(2) The term ``professional municipal services'' means
services that are necessary to facilitate the recovery of
Greensburg, Kansas from that tornado, and necessary to plan
for or provide basic management and administrative services,
which may include--
(A) the overall coordination of disaster recovery and
humanitarian efforts, oversight, and enforcement of building
code compliance, and coordination of health and safety
response units; or
(B) the delivery of humanitarian assistance to individuals
affected by that tornado.
(b) Covered funds may be used to provide temporary public
sector employment and services authorized under section 173
of such Act to individuals affected by such tornado,
including individuals who were unemployed on the date of the
tornado, or who are without employment history, in addition
to individuals who are eligible for disaster relief
employment under section 173(d)(2) of such Act.
(c) Covered funds may be used to provide professional
municipal services for a period of not more than 24 months,
by hiring or contracting with individuals or organizations
(including individuals employed by contractors) that the
State involved determines are necessary to provide
professional municipal services.
(d) Covered funds expended under this section may be spent
on costs incurred not earlier than May 4, 2007.
Sec. 576. Data Relating to Declarations of a Major
Disaster. (a) In General.--Notwithstanding any other
provision of this Act, except as provided in subsection (b),
and 30 days
[[Page 20968]]
after the date that the President determines whether to
declare a major disaster because of an event and any appeal
is completed, the Administrator shall submit to the Committee
on Homeland Security and Governmental Affairs of the Senate
and the Committee on Homeland Security of the House of
Representatives, and the Senate Committee on Appropriations,
and publish on the website of the Federal Emergency
Management Agency, a report regarding that decision, which
shall summarize damage assessment information used to
determine whether to declare a major disaster.
(b) Exception.--The Administrator may redact from a report
under subsection (a) any data that the Administrator
determines would compromise national security.
(c) Definitions.--In this section--
(1) the term ``Administrator'' means the Administrator of
the Federal Emergency Management Agency; and
(2) the term ``major disaster'' has the meaning given that
term in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122).
Sec. 577. National Transportation Security Center of
Excellence.--If the Secretary of Homeland Security
establishes a National Transportation Security Center of
Excellence to conduct research and education activities, and
to develop or provide professional security training,
including the training of transportation employees and
transportation professionals, the Mineta Transportation
Institute at San Jose State University may be included as a
member institution of such Center.
Sec. 578. Of amounts appropriated under section 1003,
$100,000,000, with $50,000,000 each to the Cities of Denver,
Colorado, and St. Paul, Minnesota, shall be available for
State and local law enforcement entities for security and
related costs, including overtime, associated with the
Democratic National Conventional and Republican National
Convention in 2008. Amounts provided by this section are
designated as an emergency requirement pursuant to section
204 of S. Con. Res. 21 (110th Congress).
TITLE VI--BORDER LAW ENFORCEMENT RELIEF ACT
Sec. 601. Short Title.
This title may be cited as the ``Border Law Enforcement
Relief Act of 2007''.
Sec. 602. Border Relief Grant Program.
(a) Grants Authorized.--
(1) In general.--The Secretary is authorized to award
grants, subject to the availability of appropriations, to an
eligible law enforcement agency to provide assistance to such
agency to address--
(A) criminal activity that occurs in the jurisdiction of
such agency by virtue of such agency's proximity to the
United States border; and
(B) the impact of any lack of security along the United
States border.
(2) Duration.--Grants may be awarded under this subsection
during fiscal years 2008 through 2012.
(3) Competitive basis.--The Secretary shall award grants
under this subsection on a competitive basis, except that the
Secretary shall give priority to applications from any
eligible law enforcement agency serving a community--
(A) with a population of less than 50,000; and
(B) located no more than 100 miles from a United States
border with--
(i) Canada; or
(ii) Mexico.
(b) Use of Funds.--Grants awarded pursuant to subsection
(a) may only be used to provide additional resources for an
eligible law enforcement agency to address criminal activity
occurring along any such border, including--
(1) to obtain equipment;
(2) to hire additional personnel;
(3) to upgrade and maintain law enforcement technology;
(4) to cover operational costs, including overtime and
transportation costs; and
(5) such other resources as are available to assist that
agency.
(c) Application.--
(1) In general.--Each eligible law enforcement agency
seeking a grant under this section shall submit an
application to the Secretary at such time, in such manner,
and accompanied by such information as the Secretary may
reasonably require.
(2) Contents.--Each application submitted pursuant to
paragraph (1) shall--
(A) describe the activities for which assistance under this
section is sought; and
(B) provide such additional assurances as the Secretary
determines to be essential to ensure compliance with the
requirements of this section.
(d) Definitions.--For the purposes of this section:
(1) Eligible law enforcement agency.--The term ``eligible
law enforcement agency'' means a tribal, State, or local law
enforcement agency--
(A) located in a county no more than 100 miles from a
United States border with--
(i) Canada; or
(ii) Mexico; or
(B) located in a county more than 100 miles from any such
border, but where such county has been certified by the
Secretary as a High Impact Area.
(2) High impact area.--The term ``High Impact Area'' means
any county designated by the Secretary as such, taking into
consideration--
(A) whether local law enforcement agencies in that county
have the resources to protect the lives, property, safety, or
welfare of the residents of that county;
(B) the relationship between any lack of security along the
United States border and the rise, if any, of criminal
activity in that county; and
(C) any other unique challenges that local law enforcement
face due to a lack of security along the United States
border.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Department of Homeland Security.
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
$50,000,000 for each of fiscal years 2008 through 2012 to
carry out the provisions of this section.
(2) Division of authorized funds.--Of the amounts
authorized under paragraph (1)--
(A) \2/3\ shall be set aside for eligible law enforcement
agencies located in the 6 States with the largest number of
undocumented alien apprehensions; and
(B) \1/3\ shall be set aside for areas designated as a High
Impact Area under subsection (d).
(f) Supplement Not Supplant.--Amounts appropriated for
grants under this section shall be used to supplement and not
supplant other State and local public funds obligated for the
purposes provided under this title.
Sec. 603. Enforcement of Federal Immigration Law.
Nothing in this title shall be construed to authorize State
or local law enforcement agencies or their officers to
exercise Federal immigration law enforcement authority.
TITLE VII--BORDER INFRASTRUCTURE AND TECHNOLOGY MODERNIZATION
Sec. 701. Short Title.
This title may be cited as the ``Border Infrastructure and
Technology Modernization Act of 2007''.
Sec. 702. Definitions.--In this title:
(1) Commissioner.--The term ``Commissioner'' means the
Commissioner of United States Customs and Border Protection
of the Department of Homeland Security.
(2) Maquiladora.--The term ``maquiladora'' means an entity
located in Mexico that assembles and produces goods from
imported parts for export to the United States.
(3) Northern border.--The term ``northern border'' means
the international border between the United States and
Canada.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(5) Southern border.--The term ``southern border'' means
the international border between the United States and
Mexico.
Sec. 703. Hiring and Training of Border and Transportation
Security Personnel.--(a) Officers and Agents.--
(1) Increase in officers and agents.--Subject to the
availability of appropriations, during each of fiscal years
2009 through 2013, the Secretary shall--
(A) increase the number of full-time agents and associated
support staff in United States Immigration and Customs
Enforcement of the Department of Homeland Security by the
equivalent of at least 100 more than the number of such
employees as of the end of the preceding fiscal year; and
(B) increase the number of full-time officers, agricultural
specialists, and associated support staff in United States
Customs and Border Protection by the equivalent of at least
200 more than the number of such employees as of the end of
the preceding fiscal year.
(2) Waiver of fte limitation.--The Secretary is authorized
to waive any limitation on the number of full-time equivalent
personnel assigned to the Department of Homeland Security to
fulfill the requirements of paragraph (1).
(b) Training.--As necessary, the Secretary, acting through
the Assistant Secretary for the United States Immigration and
Customs Enforcement and the Commissioner, shall provide
appropriate training for agents, officers, agricultural
specialists, and associated support staff of the Department
of Homeland Security to utilize new technologies and to
ensure that the proficiency levels of such personnel are
acceptable to protect the borders of the United States.
Sec. 704. Port of Entry Infrastructure Assessment Study.--
(a) Requirement To Update.--Not later than January 31 of
every other year, the Commissioner, in consultation with the
Administrator of General Services shall--
(1) review--
(A) the Port of Entry Infrastructure Assessment Study
prepared by the United States Customs Service, the
Immigration and Naturalization Service, and the General
Services Administration in accordance with the matter
relating to the ports of entry infrastructure assessment set
forth in the joint explanatory statement on page 67 of
conference report 106-319, accompanying Public Law 106-58;
and
(B) the nationwide strategy to prioritize and address the
infrastructure needs at the land ports of entry prepared by
the Department of Homeland Security and the General Services
Administration in accordance with the committee
recommendations on page 22 of Senate report 108-86,
accompanying Public Law 108-90;
(2) update the assessment of the infrastructure needs of
all United States land ports of entry; and
(3) submit an updated assessment of land port of entry
infrastructure needs to Congress.
(b) Consultation.--In preparing the updated studies
required under subsection (a), the Commissioner and the
Administrator of General Services shall consult with the
Director of the Office of Management and Budget, the
Secretary, and affected State and local agencies on the
northern and southern borders of the United States.
(c) Content.--Each updated study required in subsection (a)
shall--
[[Page 20969]]
(1) identify port of entry infrastructure and technology
improvement projects that would enhance border security and
facilitate the flow of legitimate commerce if implemented;
(2) include the projects identified in the National Land
Border Security Plan required by section 805; and
(3) prioritize the projects described in paragraphs (1) and
(2) based on the ability of a project--
(A) to enhance the ability of United States Customs and
Border Protection to achieve its mission and to support
operations;
(B) to fulfill security requirements; and
(C) facilitate trade across the borders of the United
States.
(d) Project Implementation.--The Commissioner, as
appropriate, shall--
(1) implement the infrastructure and technology improvement
projects described in subsection (c) in the order of priority
assigned to each project under subsection (c)(3); or
(2) forward the prioritized list of infrastructure and
technology improvement projects to the Administrator of
General Services for implementation in the order of priority
assigned to each project under subsection (c)(3).
(e) Divergence From Priorities.--The Commissioner may
diverge from the priority order if the Commissioner
determines that significantly changed circumstances,
including immediate security needs, changes in infrastructure
in Mexico or Canada, or similar concerns, compellingly alter
the need for a project in the United States.
Sec. 705. National Land Border Security Plan.--(a)
Requirement for Plan.--Not later than January 31 of every
other year, the Secretary, acting through the Commissioner,
shall prepare a National Land Border Security Plan and submit
such plan to Congress.
(b) Consultation.--In preparing the plan required under
subsection (a), the Commissioner shall consult with other
appropriate Federal agencies, State and local law enforcement
agencies, and private entities that are involved in
international trade across the northern or southern border.
(c) Vulnerability Assessment.--
(1) In general.--The plan required under subsection (a)
shall include a vulnerability, risk, and threat assessment of
each port of entry located on the northern border or the
southern border.
(2) Port security coordinators.--The Secretary, acting
through the Commissioner, may establish 1 or more port
security coordinators at each port of entry located on the
northern border or the southern border--
(A) to assist in conducting a vulnerability assessment at
such port; and
(B) to provide other assistance with the preparation of the
plan required under subsection (a).
(d) Coordination with the Secure Border Initiative.--The
plan required under subsection (a) shall include a
description of activities undertaken during the previous year
as part of the Secure Border Initiative and actions planned
for the coming year as part of the Secure Border Initiative.
Sec. 706. Expansion of Commerce Security Programs.--(a)
Commerce Security Programs.--(1) In general.--Not later than
1 year after the date of the enactment of this Act, the
Commissioner, in consultation with the Secretary, shall
develop a plan to expand the size and scope, including
personnel needs, of the Customs-Trade Partnership Against
Terrorism program or other voluntary programs involving
government entities and the private sector to strengthen and
improve the overall security of the international supply
chain and security along the northern and southern border of
the United States.
(2) Southern Border Supply Chain Security.--Not later than
1 year after the date of enactment of this Act, the
Commissioner shall provide Congress with a plan to improve
supply chain security along the southern border, including,
where appropriate, plans to implement voluntary programs
involving government entities and the private sector to
strengthen and improve the overall security of the
international supply chain that have been successfully
implemented on the northern border.
Sec. 707. Port of Entry Technology Demonstration Program.
(a) Establishment.--The Secretary, acting through the
Commissioner, shall carry out a technology demonstration
program to test and evaluate new port of entry technologies,
refine port of entry technologies and operational concepts,
and train personnel under realistic conditions.
(b) Technology and Facilities.--
(1) Technology tested.--Under the demonstration program,
the Commissioner shall test technologies that enhance port of
entry operations, including those related to inspections,
communications, port tracking, identification of persons and
cargo, sensory devices, personal detection, decision support,
and the detection and identification of weapons of mass
destruction.
(2) Facilities developed.--At a demonstration site selected
pursuant to subsection (c)(3), the Commissioner shall develop
any facilities needed to provide appropriate training to
Federal law enforcement personnel who have responsibility for
border security, including cross-training among agencies,
advanced law enforcement training, and equipment orientation
to the extent that such training is not being conducted at
existing Federal facilities.
(c) Demonstration Sites.--
(1) Number.--The Commissioner shall carry out the
demonstration program at not less than 3 sites and not more
than 5 sites.
(2) Location.--Of the sites selected under subsection (c)--
(A) at least 1 shall be located on the northern border of
the United States; and
(B) at least 1 shall be located on the southern border of
the United States.
(3) Selection criteria.--To ensure that 1 of the facilities
selected as a port of entry demonstration site for the
demonstration program has the most up-to-date design,
contains sufficient space to conduct the demonstration
program, has a traffic volume low enough to easily
incorporate new technologies without interrupting normal
processing activity, and can efficiently carry out
demonstration and port of entry operations, 1 port of entry
selected as a demonstration site may--
(A) have been established not more than 15 years before the
date of the enactment of this Act;
(B) consist of not less than 65 acres, with the possibility
of expansion onto not less than 25 adjacent acres; and
(C) have serviced an average of not more than 50,000
vehicles per month during the 12 months preceding the date of
the enactment of this Act.
(d) Relationship With Other Agencies.--The Secretary,
acting through the Commissioner, shall permit personnel from
appropriate Federal agencies to utilize a demonstration site
described in subsection (c) to test technologies that enhance
port of entry operations, including those related to
inspections, communications, port tracking, identification of
persons and cargo, sensory devices, personal detection,
decision support, and the detection and identification of
weapons of mass destruction.
(e) Report.--
(1) Requirement.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter, the
Secretary shall submit to Congress a report on the activities
carried out at each demonstration site under the technology
demonstration program established under this section.
(2) Content.--The report shall include an assessment by the
Commissioner of the feasibility of incorporating any
demonstrated technology for use throughout United States
Customs and Border Protection.
Sec. 708. Authorization of Appropriations. (a) In
General.--In addition to any funds otherwise available, there
are authorized to be appropriated such sums as may be
necessary to carry out sections 703, 704, 705, 706, and 707
for fiscal years 2009 through 2013.
(b) International Agreements.--Funds authorized to be
appropriated under this title may be used for the
implementation of projects described in the Declaration on
Embracing Technology and Cooperation to Promote the Secure
and Efficient Flow of People and Commerce across our Shared
Border between the United States and Mexico, agreed to March
22, 2002, Monterrey, Mexico (commonly known as the Border
Partnership Action Plan) or the Smart Border Declaration
between the United States and Canada, agreed to December 12,
2001, Ottawa, Canada that are consistent with the provisions
of this title.
DIVISION B--BORDER SECURITY
TITLE X--BORDER SECURITY REQUIREMENTS
Sec. 1001. Short Title.
This division may be cited as the ``Border Security First
Act of 2007''.
Sec. 1002. Border Security Requirements.
(a) Requirements.--Not later than 2 years after the date of
the enactment of this Act, the President shall ensure that
the following are carried out:
(1) Operational control of the international border with
mexico.--The Secretary of Homeland Security shall establish
and demonstrate operational control of 100 percent of the
international land border between the United States and
Mexico, including the ability to monitor such border through
available methods and technology.
(2) Staff enhancements for border patrol.--The United
States Customs and Border Protection Border Patrol shall
hire, train, and report for duty 23,000 full-time agents.
(3) Strong border barriers.--The United States Customs and
Border Protection Border Patrol shall--
(A) install along the international land border between the
United States and Mexico at least--
(i) 300 miles of vehicle barriers;
(ii) 700 linear miles of fencing as required by the Secure
Fence Act of 2006 (Public Law 109-367), as amended by this
Act; and
(iii) 105 ground-based radar and camera towers; and
(B) deploy for use along the international land border
between the United States and Mexico 4 unmanned aerial
vehicles, and the supporting systems for such vehicles.
(4) Catch and return.--The Secretary of Homeland Security
shall detain all removable aliens apprehended crossing the
international land border between the United States and
Mexico in violation of Federal or State law, except as
specifically mandated by Federal or State law or humanitarian
circumstances, and United States Immigration and Customs
Enforcement shall have the resources to maintain this
practice, including the resources necessary to detain up to
45,000 aliens per day on an annual basis.
(b) Presidential Progress Report.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, and every 90 days thereafter until the
requirements under subsection (a) are met, the President
shall submit a report to Congress detailing the progress made
in funding, meeting, or otherwise satisfying each of the
requirements described under paragraphs (1) through (4) of
subsection (a), including detailing any contractual
agreements reached to carry out such measures.
[[Page 20970]]
(2) Progress not sufficient.--If the President determines
that sufficient progress is not being made, the President
shall include in the report required under paragraph (1)
specific funding recommendations, authorization needed, or
other actions that are or should be undertaken by the
Secretary of Homeland Security.
Sec. 1003. Appropriations for Border Security.
There is hereby appropriated $3,000,000,000 to satisfy the
requirements set out in section 1002(a) and, if any amount
remains after satisfying such requirements, to achieve and
maintain operational control over the international land and
maritime borders of the United States, for employment
eligibility verification improvements, for increased removal
and detention of visa overstays, criminal aliens, aliens who
have illegally reentered the United States, and for
reimbursement of State and local section 287(g) expenses.
These amounts are designated as an emergency requirement
pursuant to section 204 of S. Con. Res. 21 (110th Congress).
This Act may be cited as the ``Department of Homeland
Security Appropriations Act, 2008''.
Motion Offered by Mr. Obey
Mr. OBEY. Mr. Speaker, I offer the motion at the desk.
The SPEAKER pro tempore. The Clerk will designate the motion.
The text of the motion is as follows:
Mr. Obey moves that the House concur in the Senate
amendment to H.R. 2638 with an amendment.
The text of the House amendment [to the Senate amendment] is as
follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consolidated Security,
Disaster Assistance, and Continuing Appropriations Act,
2009''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
DIVISION A--CONTINUING APPROPRIATIONS RESOLUTION, 2009
DIVISION B--DISASTER RELIEF AND RECOVERY SUPPLEMENTAL APPROPRIATIONS
ACT, 2008
DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2009
DIVISION D--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2009
DIVISION E--MILITARY CONSTRUCTION AND VETERANS AFFAIRS APPROPRIATIONS
ACT, 2009
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to
``this Act'' or ``this joint resolution'' contained in any
division of this Act shall be treated as referring only to
the provisions of that division.
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding this legislation,
printed in the House of Representatives section of the
Congressional Record on or about September 24, 2008 by the
Chairman of the Committee on Appropriations of the House,
shall have the same effect with respect to the allocation of
funds and implementation of this Act as if it were a joint
explanatory statement of a committee of conference.
DIVISION A--CONTINUING APPROPRIATIONS RESOLUTION, 2009
The following sums are hereby appropriated, out of any
money in the Treasury not otherwise appropriated, and out of
applicable corporate or other revenues, receipts, and funds,
for the several departments, agencies, corporations, and
other organizational units of Government for fiscal year
2009, and for other purposes, namely:
Sec. 101. Such amounts as may be necessary, at a rate for
operations as provided in the applicable appropriations Acts
for fiscal year 2008 and under the authority and conditions
provided in such Acts, for continuing projects or activities
(including the costs of direct loans and loan guarantees)
that are not otherwise specifically provided for in this
joint resolution, that were conducted in fiscal year 2008,
and for which appropriations, funds, or other authority were
made available in the following appropriations Acts:
divisions A, B, C, D, F, G, H, J, and K of the Consolidated
Appropriations Act, 2008 (Public Law 110-161).
Sec. 102. Rates for operations shall be calculated under
section 101 without regard to any amount designated in the
applicable appropriations Acts for fiscal year 2008 as an
emergency requirement or necessary to meet emergency needs
pursuant to any concurrent resolution on the budget, other
than the following amounts:
(1) $150,000,000 provided in Public Law 110-252 for
``Department of Health and Human Services--Food and Drug
Administration--Salaries and Expenses''.
(2) $143,539,000 provided in division B of Public Law 110-
161 for ``Department of Justice--Federal Bureau of
Investigation--Salaries and Expenses''.
(3) $110,000,000 provided in Public Law 110-252 for
``Department of Labor--Employment and Training
Administration--State Unemployment Insurance and Employment
Service Operations'', without regard to the dates specified
under such heading.
(4) $272,000,000 of the $575,000,000 provided in division J
of Public Law 110-161 for ``Department of State--
Administration of Foreign Affairs--Diplomatic and Consular
Programs'' in the first paragraph under such heading, and
$206,632,000 provided in the last paragraph under such
heading.
(5) $76,700,000 provided in subchapter A of chapter 4 of
title I of Public Law 110-252 for ``Department of State--
Administration of Foreign Affairs--Embassy Security,
Construction, and Maintenance''.
Sec. 103. Appropriations made by section 101 shall be
available to the extent and in the manner that would be
provided by the pertinent appropriations Act.
Sec. 104. No appropriation or funds made available or
authority granted pursuant to section 101 shall be used to
initiate or resume any project or activity for which
appropriations, funds, or other authority were not available
during fiscal year 2008.
Sec. 105. Appropriations made and authority granted
pursuant to this joint resolution shall cover all obligations
or expenditures incurred for any project or activity during
the period for which funds or authority for such project or
activity are available under this joint resolution.
Sec. 106. Unless otherwise provided for in this joint
resolution or in the applicable appropriations Act for fiscal
year 2009, appropriations and funds made available and
authority granted pursuant to this joint resolution shall be
available until whichever of the following first occurs: (1)
the enactment into law of an appropriation for any project or
activity provided for in this joint resolution; (2) the
enactment into law of the applicable appropriations Act for
fiscal year 2009 without any provision for such project or
activity; or (3) March 6, 2009.
Sec. 107. Expenditures made pursuant to this joint
resolution shall be charged to the applicable appropriation,
fund, or authorization whenever a bill in which such
applicable appropriation, fund, or authorization is contained
is enacted into law.
Sec. 108. Appropriations made and funds made available by
or authority granted pursuant to this joint resolution may be
used without regard to the time limitations for submission
and approval of apportionments set forth in section 1513 of
title 31, United States Code, but nothing in this joint
resolution may be construed to waive any other provision of
law governing the apportionment of funds.
Sec. 109. Notwithstanding any other provision of this
joint resolution, except section 106, for those programs that
would otherwise have high initial rates of operation or
complete distribution of appropriations at the beginning of
fiscal year 2009 because of distributions of funding to
States, foreign countries, grantees, or others, such high
initial rates of operation or complete distribution shall not
be made, and no grants shall be awarded for such programs
funded by this joint resolution that would impinge on final
funding prerogatives.
Sec. 110. This joint resolution shall be implemented so
that only the most limited funding action of that permitted
in the joint resolution shall be taken in order to provide
for continuation of projects and activities.
Sec. 111. (a) For entitlements and other mandatory payments
whose budget authority was provided in appropriations Acts
for fiscal year 2008, and for activities under the Food and
Nutrition Act of 2008, activities shall be continued at the
rate to maintain program levels under current law, under the
authority and conditions provided in the applicable
appropriations Act for fiscal year 2008, to be continued
through the date specified in section 106(3).
(b) Notwithstanding section 106, obligations for mandatory
payments due on or about the first day of any month that
begins after October 2008 but not later than 30 days after
the date specified in section 106(3) may continue to be made,
and funds shall be available for such payments.
Sec. 112. Amounts made available under section 101 for
civilian personnel compensation and benefits in each
department and agency may be apportioned up to the rate for
operations necessary to avoid furloughs within such
department or agency, consistent with the applicable
appropriations Act for fiscal year 2008, except that such
authority provided under this section shall not be used until
after the department or agency has taken all necessary
actions to reduce or defer non-personnel-related
administrative expenses.
Sec. 113. Funds appropriated by this joint resolution may
be obligated and expended notwithstanding section 10 of
Public Law 91-672 (22 U.S.C. 2412), section 15 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2680),
section 313 of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and section
504(a)(1) of the National Security Act of 1947 (50 U.S.C.
414(a)(1)).
Sec. 114. Notwithstanding section 101, amounts are
provided for ``Department of Agriculture--Food and Nutrition
Service--Special Supplemental Nutrition Program for Women,
Infants, and Children (WIC)'' at a rate for operations of
$6,658,000,000.
Sec. 115. Notwithstanding section 101, amounts are
provided for ``Department of Agriculture--Rural Housing
Service--Rental
[[Page 20971]]
Assistance Program'' at a rate for operations of
$997,000,000.
Sec. 116. Section 14222(b)(1) of the Food, Conservation,
and Energy Act of 2008 (Public Law 110-246) shall not apply
through the date specified in section 106(3) of this joint
resolution.
Sec. 117. Notwithstanding section 101, amounts are
provided for ``Department of Agriculture--Rural Housing
Service--Rural Housing Insurance Fund Program Account'', for
the cost of unsubsidized guaranteed loans for section 502
borrowers, at the rate necessary to maintain the same
principal amount of loan guarantee commitments as made in
fiscal year 2008.
Sec. 118. With respect to amounts provided by section 101
for the Department of Agriculture, sections 101 and 104 may
not be construed to prohibit the use of such amounts for
necessary administrative expenses for programs for which
direct spending authority (as defined in section 250(c)(8)(A)
of the Balanced Budget and Emergency Deficit Control Act of
1985 (2 U.S.C. 900(c)(8)(A))) is provided by the Food,
Conservation, and Energy Act of 2008 (Public Law 110-246).
Sec. 119. Notwithstanding section 101, amounts are
provided for ``Department of Agriculture-Food and Nutrition
Service--Commodity Assistance Program'' at a rate for
operations of $233,791,000, of which $163,218,000 shall be
for carrying out the Commodity Supplemental Food Program.
Sec. 120. Notwithstanding section 101, amounts are
provided for ``Department of Commerce--Bureau of the Census--
Periodic Censuses and Programs'' at a rate for operations of
$2,906,262,000. From such amounts, funds may be used for
additional promotion, outreach, and marketing activities.
Sec. 121. Notwithstanding the limitations on
administrative expenses in subsections (c)(2) and (c)(3)(A)
of section 3005 of the Digital Television Transition and
Public Safety Act of 2005 (Public Law 109-171; 120 Stat. 21),
the Assistant Secretary (as such term is defined in section
3001(b) of such Act) may expend funds made available under
sections 3006, 3008, and 3009 of such Act for additional
administrative expenses of the digital-to-analog converter
box program established by such section 3005 at a rate not to
exceed $180,000,000 through the date specified in section
106(3) of this joint resolution.
Sec. 122. Notwithstanding section 101, amounts are
provided for ``Department of Justice--Federal Prison System--
Salaries and Expenses'' at a rate for operations of
$5,396,615,000.
Sec. 123. Notwithstanding section 101, amounts are
provided for ``Department of Justice--General
Administration--Detention Trustee'' at a rate for operations
of $1,245,920,000.
Sec. 124. Amounts provided by section 101 for the National
Aeronautics and Space Administration may be obligated in the
account and budget structure set forth in S. 3182 (110th
Congress), the Commerce, Justice, Science, and Related
Agencies Appropriations Act, 2009, as reported by the
Committee on Appropriations of the Senate.
Sec. 125. Section 7(1)(B) of Public Law 106-178 (50 U.S.C.
1701 note) is amended by striking ``January 1, 2012'' and
inserting ``July 1, 2016''.
Sec. 126. In addition to amounts otherwise provided by
section 101, an additional amount is provided for
``Department of Justice--Legal Activities--Salaries and
Expenses, General Legal Activities'' to reimburse the Office
of Personnel Management for salaries and expenses associated
with the Federal observer program under section 8 of the
Voting Rights Act of 1965 (42 U.S.C. 1973f), at a rate for
operations of $3,390,000, of which $1,090,000 shall be
derived by transfer from amounts provided by section 101 for
``Office of Personnel Management--Salaries and Expenses''.
Sec. 127. Section 14704 of title 40, United States Code,
shall be applied by substituting the date specified in
section 106(3) of this joint resolution for ``October 1,
2007''.
Sec. 128. Amounts provided by section 101 for ``Department
of the Army--Corps of Engineers-Civil--Construction'' for
inland waterway major rehabilitation projects shall not be
derived from the Inland Waterways Trust Fund.
Sec. 129. (a) Notwithstanding any other provision of this
joint resolution, there is appropriated $7,510,000,000 for
fiscal year 2009 for ``Department of Energy--Energy
Programs--Advanced Technology Vehicles Manufacturing Loan
Program Account'' for the cost of direct loans as authorized
by section 136(d) of the Energy Independence and Security Act
of 2007 (Public Law 110-140; 42 U.S.C. 17013(d)), to remain
available until expended. Of such amount, $10,000,000 shall
be used for administrative expenses in carrying out the
direct loan program. Commitments for direct loans using such
amount shall not exceed $25,000,000,000 in total loan
principal. The cost of such direct loans, including the cost
of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974.
(b) The amount provided by this section is designated as an
emergency requirement and necessary to meet emergency needs
pursuant to section 204(a) of S. Con. Res. 21 (110th
Congress) and section 301(b)(2) of S. Con. Res. 70 (110th
Congress), the concurrent resolutions on the budget for
fiscal years 2008 and 2009.
(c) Section 136 of the Energy Independence and Security Act
of 2007 (Public Law 110-140; 42 U.S.C. 17013) is amended as
follows:
(1) In subsection (d)(1), by adding at the end the
following: ``The loans shall be made through the Federal
Financing Bank, with the full faith and credit of the United
States Government on the principal and interest. The full
credit subsidy shall be paid by the Secretary using
appropriated funds.''.
(2) In subsection (e), by striking ``The Secretary shall
issue regulations that require that,'' and inserting the
following: ``Not later than 60 days after the enactment of
the Continuing Appropriations Resolution, 2009, the Secretary
shall promulgate an interim final rule establishing
regulations that the Secretary deems necessary to administer
this section and any loans made by the Secretary pursuant to
this section. Such interim final rule shall require that,''.
(3) By adding at the end the following new subsection:
``(j) Appointment and Pay of Personnel.--(1) The Secretary
may use direct hiring authority pursuant to section
3304(a)(3) of title 5, United States Code, to appoint such
professional and administrative personnel as the Secretary
deems necessary to the discharge of the Secretary's functions
under this section.
``(2) The rate of pay for a person appointed pursuant to
paragraph (1) shall not exceed the maximum rate payable for
GS-15 of the General Schedule under chapter 53 such title 5.
``(3) The Secretary may retain such consultants as the
Secretary deems necessary to the discharge of the functions
required by this section, pursuant to section 31 of the
Office of Federal Procurement Policy Act (41 U.S.C. 427).''.
Sec. 130. (a) In addition to the amounts otherwise provided
by section 101 for ``Department of Energy--Energy Programs--
Energy Efficiency and Renewable Energy'' for weatherization
assistance under part A of title IV of the Energy
Conservation and Production Act (42 U.S.C. 6861 et seq.),
there is appropriated $250,000,000 for an additional amount
for fiscal year 2009, to remain available until expended.
(b) The amount provided by this section is designated as an
emergency requirement and necessary to meet emergency needs
pursuant to section 204(a) of S. Con. Res. 21 (110th
Congress) and section 301(b)(2) of S. Con. Res. 70 (110th
Congress), the concurrent resolutions on the budget for
fiscal years 2008 and 2009.
Sec. 131. In addition to the amounts otherwise provided by
section 101, an additional amount is provided for
``Department of the Treasury--Internal Revenue Service--
Taxpayer Services'' to meet the requirements of the Economic
Stimulus Act of 2008 (Public Law 110-185), at a rate for
operations of $67,900,000.
Sec. 132. In addition to the amounts otherwise provided by
section 101, an additional amount is provided for ``Executive
Office of the President--Office of Administration--Salaries
and Expenses'' for e-mail restoration activities, at a rate
for operations of $5,700,000.
Sec. 133. Notwithstanding section 101, amounts are
provided for ``Executive Office of the President--Office of
Administration--Presidential Transition Administrative
Support'' to carry out the Presidential Transition Act of
1963 (3 U.S.C. 102 note) at a rate for operations of
$8,000,000. Such funds may be transferred to other accounts
that provide funding for offices within the Executive Office
of the President and the Office of the Vice President in this
joint resolution or any other Act, to carry out such
purposes.
Sec. 134. Notwithstanding any other provision of this
joint resolution, except section 106, the District of
Columbia may expend local funds for programs and activities
under the heading ``District of Columbia Funds'' for such
programs and activities under title IV of S. 3260 (110th
Congress), as reported by the Committee on Appropriations of
the Senate, at the rate set forth under ``District of
Columbia Funds'' as included in the Fiscal Year 2009 Proposed
Budget and Financial Plan submitted to the Congress by the
District of Columbia on June 9, 2008.
Sec. 135. Notwithstanding section 101, amounts are
provided for ``Federal Payment for Emergency Planning and
Security Costs in the District of Columbia'' for a direct
Federal payment to the District of Columbia, at a rate for
operations of $15,000,000.
Sec. 136. In addition to the amounts otherwise provided by
section 101, an additional amount is provided for ``Federal
Communications Commission--Salaries and Expenses'' for
consumer education associated with the transition to digital
television occurring on February 17, 2009, at a rate for
operations of $20,000,000.
Sec. 137. Notwithstanding section 101, amounts are
provided for ``General Services Administration--Expenses,
Presidential Transition'' to carry out the Presidential
Transition Act of 1963 (3 U.S.C. 102 note) at a rate for
operations of $8,520,000, of which not to exceed $1,000,000
is for activities authorized by paragraphs (8) and (9) of
section 3(a) of such Act.
Sec. 138. Notwithstanding section 101, amounts are
provided for ``General Services Administration--Allowances
and Office Staff for Former Presidents'' to carry out the
provisions of the Act of August 25, 1958 (3 U.S.C. 102 note)
at a rate for operations of $2,682,000.
[[Page 20972]]
Sec. 139. Notwithstanding section 101, the limitation on
gross obligations applicable under the heading ``National
Credit Union Administration--Central Liquidity Facility'' in
division D of Public Law 110-161 shall be the amount
authorized by section 307(a)(4)(A) of the Federal Credit
Union Act (12 U.S.C. 1795f(a)(4)(A)).
Sec. 140. Notwithstanding section 101, amounts are
provided to carry out section 504(d) of title 39, United
States Code, as amended by section 603(a) of the Postal
Accountability and Enhancement Act (Public Law 109-435), at a
rate for operations of $14,043,000, to be derived by transfer
from the Postal Service Fund.
Sec. 141. Notwithstanding section 101, amounts are
provided to carry out section 8G(f)(6) of the Inspector
General Act of 1978 (5 U.S.C. App.), as added by section
603(b)(3) of the Postal Accountability and Enhancement Act
(Public Law 109-435), at a rate for operations of
$233,440,000, to be derived by transfer from the Postal
Service Fund.
Sec. 142. (a) The adjustment in rates of basic pay for
employees under the statutory pay systems that takes effect
in fiscal year 2009 under sections 5303 and 5304 of title 5,
United States Code, shall be an increase of 3.9 percent, and
this adjustment shall apply to civilian employees in the
Department of Homeland Security. Such adjustment shall be
effective as of the first day of the first applicable pay
period beginning on or after January 1, 2009.
(b) The adjustment in rates of basic pay for the statutory
pay systems that take place in fiscal year 2009 under
sections 5344 and 5348 of title 5, United States Code, shall
be no less than the percentage in subsection (a) as employees
in the same location whose rates of basic pay are adjusted
pursuant to the statutory pay systems under section 5303 and
5304 of such title 5. Prevailing rate employees at locations
where there are no employees whose pay is increased pursuant
to sections 5303 and 5304 of such title 5 and prevailing rate
employees described in section 5343(a)(5) of such title 5
shall be considered to be located in the pay locality
designated as ``Rest of US'' pursuant to section 5304 of such
title 5 for purposes of this subsection.
(c) Funds used to carry out this section shall be paid from
appropriations which are made to each applicable department
or agency for salaries and expenses for fiscal year 2009.
(d) The provisions of this section shall apply
notwithstanding any other provision of this joint resolution.
Sec. 143. Section 401(b) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a
note) shall be applied by substituting the date specified in
section 106(3) of this joint resolution for ``the 11-year
period beginning on the first day the pilot program is in
effect''.
Sec. 144. The requirement set forth in section 610(b) of
the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1993 (8
U.S.C. 1153 note) shall continue through the date specified
in section 106(3) of this joint resolution.
Sec. 145. Sections 1309(a) and 1319 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026) shall each
be applied by substituting the date specified in section
106(3) of this joint resolution for ``September 30, 2008''.
Sec. 146. Section 717(a) of the Defense Production Act of
1950 (50 U.S.C. App. 2166(a)) shall be applied by
substituting the date specified in section 106(3) of this
joint resolution for ``September 30, 2008''.
Sec. 147. The authority provided by section 330 of Public
Law 106-291 (43 U.S.C. 1701 note), as amended by section 428
of Public Law 109-54, shall continue in effect through the
date specified in section 106(3) of this joint resolution.
Sec. 148. Section 337(a) of division E of Public Law 108-
447, as amended by section 420 of division F of Public Law
110-161, shall be applied by substituting the date specified
in section 106(3) of this joint resolution for ``September
30, 2008''.
Sec. 149. Section 503(f) of Public Law 109-54 (16 U.S.C.
580d note) shall be applied by substituting the date
specified in section 106(3) of this joint resolution for
``September 30, 2008''.
Sec. 150. The authority provided by section 325 of Public
Law 108-108 (117 Stat. 1307) shall continue in effect through
the date specified in section 106(3) of this joint
resolution.
Sec. 151. In addition to the amounts otherwise provided by
section 101, an additional amount is provided for
``Department of the Interior--National Park Service--
Operation of the National Park System'' for security and
visitor safety activities related to the Presidential
Inaugural Ceremonies, at a rate for operations of $2,000,000.
Sec. 152. (a) Sections 104, 105, and 433 of division F of
Public Law 110-161 shall not apply to amounts provided by
this joint resolution.
(b) Nothing in this section amends or shall be construed as
amending the Outer Continental Shelf Lands Act (43 U.S.C.
1331 et seq.), including the public comment periods mandated
by section 18 of that Act (43 U.S.C. 1344), the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), or
any other law or regulation.
Sec. 153. Amounts provided by section 101 for
implementation of the Modified Water Deliveries to Everglades
National Park shall be made available to the Army Corps of
Engineers, which shall immediately carry out Alternative
3.2.2.a to U.S. Highway 41 (the Tamiami Trail) as
substantially described in the Limited Reevaluation Report
with Integrated Environmental Assessment and addendum,
approved August 2008, which, for purposes of this section, is
determined to meet the requirements of section 404 of the
Federal Water Pollution Control Act (33 U.S.C. 1344),
including subsection (r), in order to achieve the goals set
forth in section 104 of the Everglades National Park
Protection and Expansion Act of 1989 (16 U.S.C. 410r-8).
Sec. 154. Activities authorized by chapters 2, 3, and 5 of
title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.),
including section 246 of such Act, shall continue through the
date specified in section 106(3) of this joint resolution.
Sec. 155. (a) In lieu of the amount otherwise provided by
section 101 for ``Department of Health and Human Services--
Administration for Children and Families--Low-Income Home
Energy Assistance'', there is appropriated for such account
for making payments under the Low-Income Home Energy
Assistance Act of 1981, $5,100,000,000, which shall remain
available through September 30, 2009. Of such amount,
$4,509,672,000 is for payments under subsections (b) and (d)
of section 2602 of such Act and $590,328,000 is for payments
under subsection (e) of such section. All but $839,792,000 of
the amount provided by this section for such subsections (b)
and (d) shall be allocated as though the total appropriation
for such payments for fiscal year 2009 was less than
$1,975,000,000.
(b) Notwithstanding section 2605(b)(2)(B)(ii) of such Act,
a State may use any amount of an allotment from prior
appropriations Acts that is available to that State for
providing assistance in fiscal year 2009, and any allotment
from funds appropriated in this section or in any other
appropriations Act for fiscal year 2009, to provide
assistance to households whose income does not exceed 75
percent of the State median income.
(c) The amount provided by this section shall be obligated
to States within 30 calender days from the date of enactment
of this joint resolution.
(d) Of the amount provided by this section, $2,779,672,000
is designated as an emergency requirement and necessary to
meet emergency needs pursuant to section 204(a) of S. Con.
Res. 21 (110th Congress) and section 301(b)(2) of S. Con.
Res. 70 (110th Congress), the concurrent resolutions on the
budget for fiscal years 2008 and 2009.
(e) The provisions of this section shall apply
notwithstanding any other provision of this joint resolution.
Sec. 156. Notwithstanding section 101, amounts are
provided for ``Corporation for National and Community
Service--Operating Expenses'' to carry out subtitle E of the
National and Community Service Act of 1990 at a rate for
operations of $23,782,000.
Sec. 157. (a) Amounts provided by section 101 for
``Department of Health and Human Services--Office of the
Secretary--General Departmental Management'' are also
available for the purpose of funding the National Commission
on Children and Disasters authorized under title VI of
division G of Public Law 110-161 (the ``title VI
Commission'').
(b) Effective on and after the date of enactment of this
joint resolution (1) the National Commission on Children and
Disasters established by the Secretary of Health and Human
Services under section 1114 of the Social Security Act (the
``section 1114 Commission''), together with its members,
personnel, and other resources and obligations, shall be
considered to be the title VI Commission and shall no longer
be subject to the provisions of such section 1114; and (2)
for purposes of any contract entered into by any component of
the Department of Health and Human Services in fiscal year
2008 for support of the section 1114 Commission, any
reference to the section 1114 Commission shall be deemed to
refer to the title VI Commission.
Sec. 158. (a) Notwithstanding section 101, amounts are
provided for ``Department of Education-Student Financial
Assistance'' at a rate for operations of $18,627,136,000, of
which $16,761,000,000 shall be for carrying out subpart 1 of
part A of title IV of the Higher Education Act of 1965.
(b) Subparagraph (E) of section 401(b)(8) of the Higher
Education Act of 1965 shall not apply to any funds made
available under subparagraph (A) of such section through the
date specified in section 106(3) of this joint resolution.
Sec. 159. Notwithstanding any other provision of this
joint resolution, there is appropriated for payment to the
heirs-at-law of Stephanie Tubbs Jones, late a Representative
from the State of Ohio, $169,300.
Sec. 160. (a) Notwithstanding any other provision of this
joint resolution, there is appropriated for ``Department of
Veterans Affairs--Veterans Benefits Administration--Filipino
Veterans Equity Compensation Fund'' for payments to eligible
persons who served in the Philippines during World War II as
authorized, $198,000,000, to remain available until expended.
(b) The amount provided by this section is designated as an
emergency requirement and necessary to meet emergency needs
pursuant
[[Page 20973]]
to section 204(a) of S. Con. Res. 21 (110th Congress) and
section 301(b)(2) of S. Con. Res. 70 (110th Congress), the
concurrent resolutions on the budget for fiscal years 2008
and 2009.
Sec. 161. The authority provided by section 1603(a) of
Public Law 109-234 shall continue in effect through the date
specified in section 106(3) of this joint resolution.
Sec. 162. Notwithstanding section 235(a)(2) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2195(a)(2)), the authority
of subsections (a) through (c) of section 234 of such Act
shall remain in effect through the date specified in section
106(3) of this joint resolution.
Sec. 163. Notwithstanding any other provision of this
joint resolution, up to $5,000,000 of the amounts
appropriated under the heading ``Other Bilateral Economic
Assistance--Department of the Treasury--Debt Restructuring''
in Public Law 109-102, in such Act as made applicable to
fiscal year 2007 by the Continuing Appropriations Resolution,
2007 (as amended by Public Law 110-5), and in title III of
division J of Public Law 110-161, may be used to assist
Liberia in buying back its commercial debt through the Debt
Reduction Facility of the International Development
Association.
Sec. 164. The first proviso under the heading ``Department
of State--Migration and Refugee Assistance'' in title III of
division J of Public Law 110-161 shall not apply to amounts
provided by this joint resolution.
Sec. 165. Notwithstanding section 101 of this joint
resolution, the number in the third proviso under the heading
``Military Assistance--Funds Appropriated to the President--
Foreign Military Financing Program'' in title IV of division
J of Public Law 110-161 shall be deemed to be $670,650,000
and shall apply to the $2,550,000,000 made available for
assistance for Israel in fiscal year 2009 under the heading
``Foreign Military Financing Program''.
Sec. 166. Notwithstanding section 101, amounts are
provided for ``Department of Transportation--Federal Aviation
Administration--Operations'' at a rate for operations of
$8,756,800,000, of which not less than $1,099,402,000 shall
be available for aviation safety activities.
Sec. 167. Amounts provided by section 101 for ``Department
of Transportation--Maritime Administration--Operations and
Training'' shall include amounts necessary to satisfy the
salaries and benefits of employees of the United States
Merchant Marine Academy, to be derived solely from the total
amount made available in this joint resolution for the United
States Merchant Marine Academy. The Secretary of
Transportation shall inform the Committees on Appropriations
of the House of Representatives and the Senate of salaries
and expenses funding obligated for personnel that had
heretofore not been compensated from funds made available
under this account.
Sec. 168. Notwithstanding any other provision of this
joint resolution, other than section 106, the Secretary of
Housing and Urban Development shall obligate funds provided
by section 101 at a rate the Secretary determines is
necessary to renew, in a timely manner, all section 8
project-based rental assistance contracts. In renewing such
contracts, the Secretary may provide for payments to be made
beyond the period covered by this joint resolution.
Sec. 169. Section 24(o) of the United States Housing Act
of 1937 (42 U.S.C. 1437v(o)) shall be applied by substituting
the date specified in section 106(3) of this joint resolution
for ``September 30, 2008''.
Sec. 170. Notwithstanding the limitation in the first
sentence of section 255(g) of the National Housing Act (12
U.S.C. 1715z-20(g)), the Secretary of Housing and Urban
Development may, until the date specified in section 106(3)
of this joint resolution, insure and enter into commitments
to insure mortgages under section 255 of such Act.
Sec. 171. During the period covered by this joint
resolution, commitments to guarantee loans insured under the
Mutual Mortgage Insurance Fund, as authorized by the National
Housing Act (12 U.S.C. 1701 et seq.), shall not exceed a loan
principal of $1,154,000,000 multiplied by the number of days
in such period.
Sec. 172. Notwithstanding any other provision of this
joint resolution, from funds made available for personnel
compensation and benefits or salaries and expenses under any
account in title II of division K of Public Law 110-161
(except for ``Office of Inspector General'' and ``Office of
Federal Housing Enterprise Oversight--Salaries and
Expenses''), up to $15,000,000 may be transferred to
``Working Capital Fund'' for information technology needs for
the Federal Housing Administration.
Sec. 173. Amounts provided by section 101 for ``National
Transportation Safety Board--Salaries and Expenses'' shall
include amounts necessary to make lease payments due in
fiscal year 2009 only, on an obligation incurred in 2001
under a capital lease.
Sec. 174. The provisions of title II of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11311 et seq.) shall
continue in effect, notwithstanding section 209 of such Act,
through the earlier of (1) the date specified in section
106(3) of this joint resolution; or (2) the date of enactment
of an authorization Act relating to the McKinney-Vento
Homeless Assistance Act.
This division may be cited as the ``Continuing
Appropriations Resolution, 2009''.
DIVISION B--DISASTER RELIEF AND RECOVERY SUPPLEMENTAL APPROPRIATIONS
ACT, 2008
The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2008, and for other purposes, namely:
TITLE I--RELIEF AND RECOVERY FROM NATURAL DISASTERS
CHAPTER 1--AGRICULTURE AND RURAL DEVELOPMENT
DEPARTMENT OF AGRICULTURE
Office of Inspector General
For an additional amount for ``Office of Inspector
General'', $5,000,000, to remain available until expended,
for oversight of disaster- and emergency-related funding
provided by this chapter.
Agricultural Research Service
buildings and facilities
For an additional amount for ``Buildings and Facilities'',
$5,000,000, to remain available until expended, for the
repair and reconstruction of buildings damaged by natural
disasters occurring during 2008.
Animal and Plant Health Inspection Service
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$5,000,000, to remain available through September 30, 2010,
for pathogen surveillance and eradication to address
confirmed or suspected outbreaks.
Natural Resources Conservation Service
emergency watershed protection program
For an additional amount for the ``Emergency Watershed
Protection Program'', $100,000,000, to remain available until
expended, for disaster recovery operations.
Farm Service Agency
emergency conservation program
For an additional amount for ``Emergency Conservation
Program'', $115,000,000, to remain available until expended.
Rural Development Programs
rural development disaster assistance fund
For grants, and for the cost of direct and guaranteed
loans, for authorized activities of agencies of the Rural
Development Mission Area, $150,000,000, to remain available
until expended, which shall be allocated as follows:
$59,000,000 for single and multi-family housing activities;
$40,000,000 for community facilities activities; $26,000,000
for utilities activities; and $25,000,000 for business
activities: Provided, That such funds shall be for areas
affected by hurricanes, floods, and other natural disasters
occurring during 2008 for which the President declared a
major disaster under title IV of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act of 1974:
Provided further, That the cost of such direct and guaranteed
loans, including the cost of modifying loans, shall be as
defined in section 502 of the Congressional Budget Act of
1974: Provided further, That the Secretary of Agriculture may
reallocate funds made available in this paragraph among the 4
specified activities, if the Secretary notifies the
Committees on Appropriations of the House of Representatives
and the Senate not less than 15 days prior to such
reallocation.
In addition, for an additional amount for grants, and for
the cost of direct and guaranteed loans, for authorized
activities of the Rural Housing Service, $38,000,000, to
remain available until expended, for single and multi-family
housing activities: Provided, That such funds shall be for
areas affected by Hurricanes Katrina and Rita: Provided
further, That the cost of such direct and guaranteed loans,
including the cost of modifying loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974.
GENERAL PROVISIONS, THIS CHAPTER
(including transfers of funds)
Sec. 10101. (a) Rural Development Disaster Assistance
Fund.--Hereafter, there is established in the Treasury a fund
entitled the ``Rural Development Disaster Assistance Fund''.
(b) Purpose and Availability of Fund.--Subject to
subsection (d), amounts in the Rural Development Disaster
Assistance Fund shall be available to the Secretary of
Agriculture, until expended, to provide additional amounts
for authorized activities of agencies of the Rural
Development Mission Area in areas affected by a disaster
declared by the President or the Secretary of Agriculture.
Amounts so provided shall be in addition to any other amounts
available to carry out the activity.
(c) Waiver of Activity or Project Limitations.--The
Secretary of Agriculture may waive any limits on population,
income, or cost-sharing otherwise applicable to an activity
or project for which amounts in the Rural Development
Disaster Assistance Fund will be obligated under subsection
(b), except that, if the amounts proposed to be obligated in
connection with the disaster would exceed the amount
specified in subsection (h), the notification required by
that subsection shall include information and justification
with regard to any waivers to be granted under this
subsection.
[[Page 20974]]
(d) Treatment of Certain Amounts in Fund.--Amounts
appropriated directly to the Rural Development Disaster
Assistance Fund by this Act or any subsequent Act for a
specific purpose shall be available only for that purpose
until such time as the transfer authority provided by
subsection (f) takes effect with regard to the amounts. Only
subsection (c), including the notification requirements of
such subsection, and subsections (g) and (i) apply to amounts
described in this subsection.
(e) Transfer of Prior Appropriations to Fund.--The
Secretary of Agriculture may transfer to the Rural
Development Disaster Assistance Fund, and merge with other
amounts generally appropriated to the Fund, the available
unobligated balance of any amounts that were appropriated
before the date of the enactment of this Act for programs and
activities of the Rural Development Mission Area to respond
to a disaster and were designated by the Congress as an
emergency requirement if, in advance of the transfer, the
Secretary determines that the unobligated amounts are no
longer needed to respond to the disaster for which the
amounts were originally appropriated and the Secretary
provides a certification of this determination to the
Committees on Appropriations of the House of Representatives
and the Senate.
(f) Transfer of Other Appropriations to Fund.--Unless
otherwise specifically provided in an appropriations Act, the
Secretary of Agriculture may transfer to or within the Rural
Development Disaster Assistance Fund, and merge with other
amounts generally appropriated to the Fund, the available
unobligated balance of any amounts that are appropriated for
fiscal year 2009 or any subsequent fiscal year for programs
and activities of the Rural Development Mission Area to
respond to a disaster and are designated by the Congress as
an emergency requirement if, in advance of the transfer, the
Secretary determines that the unobligated amounts are no
longer needed to respond to the disaster for which the
amounts were originally appropriated and the Secretary
provides a certification of this determination to the
Committees on Appropriations of the House of Representatives
and the Senate. A transfer of unobligated amounts with
respect to a disaster may not be made under this subsection
until after the end of the two-year period beginning on the
date on which the amounts were originally appropriated for
that disaster.
(g) Administrative Expenses.--In addition to any other
funds available to the Secretary of Agriculture to cover
administrative costs, the Secretary may use up to 3 percent
of the amounts allocated from the Rural Development Disaster
Assistance Fund for a specific disaster to cover
administrative costs of Rural Development's State and local
offices in the areas affected by the disaster to carry out
disaster related activities.
(h) Limitation on Per Disaster Obligations.--Amounts in the
Rural Development Disaster Assistance Fund, except for
amounts described in subsection (d) that are appropriated to
the Fund and obligated in accordance with that subsection,
may not be obligated in excess of $1,000,000 for a disaster
until at least 15 days after the date on which the Secretary
of Agriculture notifies the Committees on Appropriations of
the House of Representatives and the Senate of the
Secretary's determination to obligate additional amounts and
the reasons for the determination. The Secretary may not
obligate more than 50 percent of the funds contained in the
Rural Development Disaster Assistance Fund for any one
disaster unless the Secretary declares that there is a
specific and extreme need that additional funds must be
provided in response to such disaster at time of the
obligation.
(i) Quarterly Reports.--The Secretary of Agriculture shall
submit, on a quarterly basis, to the Committees on
Appropriations of the House of Representatives and the Senate
a report describing the status of the Rural Development
Disaster Assistance Fund and any transactions that have
affected the Fund since the previous report.
Sec. 10102. Section 1601 (c)(2) of the Food, Conservation
and Energy Act of 2008 (Public Law 110-246) shall apply in
implementing section 12033 of such Act.
CHAPTER 2--COMMERCE AND SCIENCE
DEPARTMENT OF COMMERCE
Economic Development Administration
economic development assistance programs
Pursuant to section 703 of the Public Works and Economic
Development Act (42 U.S.C. 3233), for an additional amount
for ``Economic Development Assistance Programs'', for
necessary expenses related to disaster relief, long-term
recovery, and restoration of infrastructure related to the
consequences of hurricanes, floods and other natural
disasters occuring during 2008 for which the President
declared a major disaster under title IV of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act,
$400,000,000, to remain available until expended.
National Oceanic and Atmospheric Administration
operations, research, and facilities
For an additional amount for ``Operations, Research, and
Facilities'', to improve hurricane track and intensity
forecasts for the protection of life and property,
$11,000,000, to remain available until September 30, 2009.
In addition, for an additional amount for ``Operations,
Research, and Facilities'', for fishery disaster assistance,
$75,000,000, to remain available until September 30, 2009:
Provided, That the National Marine Fisheries Service shall
cause such amounts to be distributed among eligible
recipients of assistance for fishery resource disasters and
commercial fishery failures as declared by the Secretary of
Commerce under sections 308(b) and 308(d) of the
Interjurisdicitional Fisheries Act (16 U.S.C. 4107) and
sections 312(a) and 315 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1861a(a) and
1864).
procurement, acquisition, and construction
For an additional amount for ``Procurement, Acquisition,
and Construction'', to improve hurricane track and intensity
forecasts for the protection of life and property,
$6,000,000, to remain available until September 30, 2009.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
Exploration Capabilities
For an additional amount for ``Exploration Capabilities'',
for necessary expenses for restoration and mitigation of
National Aeronautics and Space Administration owned
infrastructure and facilities related to the consequences of
hurricanes, floods, and other natural disasters occuring
during 2008 for which the President declared a major disaster
under title IV of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act of 1974, $30,000,000, to remain
available until expended with such sums as determined by the
Administrator of the National Aeronautics and Space
Administration as available to reimburse costs incurred and
for transfer to ``Science, Aeronautics and Exploration'' in
accordance with section 505 of division B of Public Law 110-
161.
CHAPTER 3--ENERGY AND WATER DEVELOPMENT
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
construction
For an additional amount for ``Construction'' for necessary
expenses related to the consequences of Hurricane Katrina and
other hurricanes, floods and other natural disasters,
$1,538,800,000, to remain available until expended: Provided,
That the Secretary of the Army is directed to use $38,800,000
of the funds appropriated under this heading to address
emergency situations at Corps of Engineers projects and
rehabilitate and repair damages to Corps projects caused by
recent natural disasters: Provided further, That the
Secretary is directed to use $1,500,000,000 of the funds
appropriated under this heading to fund the estimated amount
of the non-Federal cash contribution for projects in
southeast Louisiana that will be financed in accordance with
the provisions of section 103(k) of Public Law 99-662 over a
period of 30 years from the date of completion of the project
or separable element, with $700,000,000 used for the Lake
Pontchartrain and Vicinity project; $350,000,000 used for the
West Bank and Vicinity project and $450,000,000 used for
elements of the Southeast Louisiana Urban Drainage project
that are within the geographic perimeter of the West Bank and
Vicinity and Lake Pontchartrain and Vicinity projects:
Provided further, That the expenditure of funds as provided
above may be made without regard to individual amounts or
purposes and any reallocation of funds that is necessary to
accomplish the established goals is authorized subject to the
approval of the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That the
Assistant Secretary of the Army for Civil Works shall provide
a monthly report to the Committees on Appropriations
detailing the allocation and obligation of these funds,
beginning not later than 60 days after enactment of this Act.
mississippi river and tributaries
For an additional amount for ``Mississippi River and
Tributaries'' for recovery from natural disasters,
$82,400,000, to remain available until expended, to dredge
eligible projects in response to and repair damages to
Federal projects caused by recent natural disasters:
Provided, That $35,000,000 shall be used to reimburse
projects where funding was transferred to the Flood Control
and Coastal Emergencies account under the provisions of
section 5 of the Act of August 18, 1941 (33 U.S.C. 701n):
Provided further, That the Assistant Secretary of the Army
for Civil Works shall provide a monthly report to the
Committees on Appropriations of the House of Representatives
and the Senate detailing the allocation and obligation of
these funds, beginning not later than 60 days after enactment
of this Act.
operation and maintenance
For an additional amount for ``Operation and Maintenance''
to dredge navigation channels and repair other Corps projects
related to natural disasters, $740,000,000, to remain
available until expended: Provided,
[[Page 20975]]
That the Assistant Secretary of the Army for Civil Works
shall provide a monthly report to the Committees on
Appropriations of the House of Representatives and the Senate
detailing the allocation and obligation of these funds,
beginning not later than 60 days after enactment of this Act.
flood control and coastal emergencies
For an additional amount for ``Flood Control and Coastal
Emergencies'', as authorized by section 5 of the Act of
August 18, 1941 (33 U.S.C. 701n), for necessary expenses
relating to the consequences of recent hurricanes and other
natural disasters as authorized by law, $415,600,000, to
remain available until expended to support emergency
operations, repair eligible projects nationwide, and for
other activities in response to natural disasters: Provided,
That the Assistant Secretary of the Army for Civil Works
shall provide a monthly report to the Committees on
Appropriations of the House of Representatives and the Senate
detailing the allocation and obligation of these funds,
beginning not later than 60 days after enactment of this Act.
CHAPTER 4--FINANCIAL SERVICES AND GENERAL GOVERNMENT
INDEPENDENT AGENCIES
General Services Administration
real property activities
federal buildings fund
construction and acquisition
For an additional amount to be deposited in the Federal
Buildings Fund, $182,000,000, exclusive of permitted
escalation, is authorized and available for the Administrator
to proceed with necessary site acquisition, design, and
construction for the new courthouse project in Cedar Rapids,
Iowa: Provided, That the foregoing limits of costs on new
construction projects may be exceeded to the extent that
savings are effected in other such projects, but not to
exceed 10 percent of the amounts provided unless advance
approval is obtained from the Committees on Appropriations of
a greater amount: Provided further, That all funds for direct
construction projects shall expire on September 30, 2009 and
remain in the Federal Buildings Fund except for funds for
projects to which funds for design or other funds have been
obligated in whole or in part prior to such date.
Small Business Administration
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$10,000,000, to remain available until September 30, 2009,
for grants under section 21 of the Small Business Act (15
U.S.C. 648) to small business development centers to provide
technical assistance to small business concerns affected by
recent hurricanes, flooding, and other natural disasters in
calendar year 2008: Provided, That the Administrator of the
Small Business Administration shall waive the matching
requirement under section 21(a)(4)(A) of such Act for any
grant made using funds made available under this heading.
office of inspector general
For an additional amount for ``Office of Inspector
General'' for necessary expenses related to the consequences
of recent hurricanes and other natural disasters in calendar
year 2008, $3,000,000, to remain available until expended.
disaster loans program account
For an additional amount for the ``Disaster Loans Program
Account'' for the cost of direct loans authorized by section
7(b) of the Small Business Act, for necessary expenses
related to recent hurricanes and other natural disasters,
$498,000,000, to remain available until expended: Provided,
That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional
Budget Act of 1974.
In addition, for administrative expenses to carry out the
direct loan program authorized by section 7(b) in response to
recent hurricanes and other natural disasters, including
onsite assistance to disaster victims, increased staff at
call centers, processing centers, and field inspections
teams, and attorneys to assist in loan closings, $288,000,000
to remain available until expended; of which $279,000,000 is
for direct administrative expenses of loan making and
servicing to carry out the direct loan program, which may be
paid to appropriations for Salaries and Expenses; and of
which $9,000,000 is for indirect administrative expenses,
which may be paid to appropriations for Salaries and
Expenses.
CHAPTER 5--HOMELAND SECURITY
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
acquisition, construction, and improvements
(including transfer of funds)
For an additional amount for ``Acquisition, Construction,
and Improvements'' for necessary expenses related to the
consequences of 2008 natural disasters and flooding,
$300,000,000, to remain available until expended: Provided,
That notwithstanding the transfer limitation contained in
section 503 of division E of Public Law 110-161, such funding
may be transferred to other Coast Guard appropriations after
notification as required in accordance with such section:
Provided further, That a plan listing all facilities to be
reconstructed and restored, with associated costs, shall be
submitted to the Committees on Appropriations of the Senate
and the House of Representatives.
Federal Emergency Management Agency
disaster relief
(including transfers of funds)
For an additional amount for ``Disaster Relief'',
$7,960,000,000, to remain available until expended: Provided,
That of the amount provided, up to $98,150,000 may be
transferred to the ``Disaster Assistance Direct Loan Program
Account'' for the cost of direct loans as authorized under
section 417 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5184), of which up to
$4,200,000 is for administrative expenses to carry out the
direct loan program: Provided further, That such transfer may
be made to subsidize gross obligations for the principal
amount of direct loans not to exceed $100,000,000 under
section 417 of such Act: Provided further, That the cost of
modifying such loans shall be as defined in section 502 of
the Congressional Budget Act of 1974 (2 U.S.C. 661a):
Provided further, That of the amount provided, up to
$8,000,000 shall be transferred to the ``Department of
Homeland Security Office of Inspector General'' for audits
and investigations related to disasters.
GENERAL PROVISIONS, THIS CHAPTER
(including rescission of funds)
Sec. 10501. (a) Rescission.--Of amounts previously made
available from ``Federal Emergency Management Agency--
Disaster Relief'' to the State of Mississippi pursuant to
section 404 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act of 1974 (42 U.S.C. 5170c) for
Hurricane Katrina, an additional $20,000,000 is rescinded.
(b) Appropriation.--For ``Federal Emergency Management
Agency--State and Local Programs'', there is appropriated an
additional $20,000,000, to remain available until expended,
for a grant to the State of Mississippi for an interoperable
communications system required in the aftermath of Hurricane
Katrina.
Sec. 10502. There is hereby appropriated to the Secretary
of the Department of Homeland Security not to exceed
$100,000,000, to remain available until September 30, 2009,
for payments to the American Red Cross for reimbursement of
disaster relief and recovery expenditures and emergency
services provided in the United States associated with
hurricanes, floods, and other natural disasters occurring in
2008 for which the President declared a major disaster under
title IV of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act of 1974, and only to the extent
funds are not made available for those activities by other
Federal sources: Provided, That these funds may be
administered by any authorized federal government agency to
meet the purposes of this provision and that total
administrative costs shall not exceed 3 percent of the total
appropriation: Provided further, That the Comptroller General
shall audit the use of these funds by the American Red Cross.
Sec. 10503. Until such time as preliminary flood insurance
rate maps initiated prior to October 1, 2008 are completed
and released for public review, preliminary base flood
elevations are published in the Federal Register, and the
second required local newspaper publication of such base
flood elevations is made for the City of St. Louis, St.
Charles and St. Louis counties in Missouri, and Madison,
Monroe, and St. Clair counties in Illinois, the
Administration shall not begin the statutory appeals process
in such areas required under section 1363 of the National
Flood Insurance Act of 1968.
CHAPTER 6--INTERIOR AND ENVIRONMENT
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
wildland fire management
(including transfers of funds)
For an additional amount for ``Wildland Fire Management'',
$135,000,000, to remain available until expended, of which
(1) $110,000,000 is for urgent wildland fire suppression
activities, including repayments to other accounts from which
funds were transferred in fiscal year 2008 for wildfire
suppression so that all such transfers for fiscal year 2008
are fully repaid; and (2) $25,000,000 is for burned area
rehabilitation.
United States Fish and Wildlife Service
construction
For an additional amount for ``Construction'', $75,000,000,
to remain available until expended, for necessary expenses
related to the consequences of hurricanes and natural
disasters.
DEPARTMENT OF AGRICULTURE
Forest Service
capital improvement and maintenance
(including transfers of funds)
For an additional amount for ``Capital Improvement and
Maintenance'', $30,000,000, to remain available until
expended, for necessary expenses, including cleanup, related
to the consequences of hurricanes, floods and other natural
disasters.
wildland fire management
(including transfers of funds)
For an additional amount for ``Wildland Fire Management'',
$775,000,000, to remain
[[Page 20976]]
available until expended, of which (1) $500,000,000 shall be
available for emergency wildfire suppression and related
activities, of which no less than $300,000,000 shall be
transferred to Forest Service accounts within 15 days of
enactment of this Act so that all such transfers for wildfire
suppression in fiscal year 2008 are fully repaid, including
$30,000,000 reallocated between programs in the Wildland Fire
Management Account; and of which $100,000,000 shall be
transferred within 15 days of enactment of this Act to the
fund established by section 3 of Public Law 71-319 (16 U.S.C.
576 et seq.) to repay transfers made for previous emergency
wildfire suppression activities; (2) $175,000,000 shall be
available for hazardous fuels reduction and hazard mitigation
activities in areas at high risk of catastrophic wildfire due
to population density and fuel loads, of which $125,000,000
is available for work on State and private lands using all
the authorities available to the Forest Service; (3)
$75,000,000 is for rehabilitation and restoration of Federal
lands and may be transferred to other Forest Service accounts
as necessary; and (4) $25,000,000 is for preparedness for
retention initiatives in areas at high risk of catastrophic
wildfire that face recurrent staffing shortages.
CHAPTER 7--HEALTH AND HUMAN SERVICES AND EDUCATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
social services block grant
For an additional amount for ``Social Services Block
Grant'', $600,000,000, which shall remain available through
September 30, 2009, for necessary expenses resulting from
hurricanes, floods, and other natural disasters occurring
during 2008 for which the President declared a major disaster
under title IV of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act of 1974, and from Hurricanes Katrina
and Rita, notwithstanding section 2003 and paragraphs (1) and
(4) of section 2005(a) of the Social Security Act: Provided,
That notwithstanding section 2002 of the Social Security Act,
the distribution of such amount shall be limited to States
directly affected by these events: Provided further, That the
Secretary of Health and Human Services shall distribute such
amount to eligible States based on demonstrated need in
accordance with objective criteria that are made available to
the public: Provided further, That in addition to other uses
permitted by title XX of the Social Security Act, funds
appropriated under this heading may be used for health
services (including mental health services), and for repair,
renovation, and construction of health care facilities
(including mental health facilities), child care centers, and
other social services facilities.
DEPARTMENT OF EDUCATION
School Improvement Programs
For an additional amount for ``School Improvement
Programs'' for education for homeless children and youths (as
defined in section 725 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11434a)), $15,000,000, to remain
available through September 30, 2009: Provided, That such
funds shall be made available, based on demonstrated need,
only to local educational agencies whose enrollment of
homeless students has increased as a result of hurricanes,
floods, and other natural disasters occurring during 2008 for
which the President declared a major disaster under title IV
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act of 1974: Provided further, That such funds
shall be used for the activities described in section 723(d)
of such Act (42 U.S.C. 11433(d)) and services provided using
such funds shall comply with paragraphs (2) and (3) of
section 723(a) of such Act (42 U.S.C. 11433(a)): Provided
further, That the local educational agency requirements
described in paragraphs (3) through (7) of section 722(g) of
such Act (42 U.S.C. 11432(g)) shall apply: Provided further,
That the Secretary of Education shall distribute these funds
to such local educational agencies not later than 120 days
after the date of the enactment of this Act.
Higher Education Disaster Relief
For an additional amount under part B of title VII of the
Higher Education Act of 1965 (``HEA'') for institutions of
higher education (as defined in section 101 or section 102(c)
of that Act) that are located in an area affected by
hurricanes, floods, and other natural disasters occurring
during 2008 for which the President declared a major disaster
under title IV of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act of 1974, $15,000,000, to remain
available through September 30, 2009: Provided, That such
funds shall be available to the Secretary of Education only
for payments to help defray the expenses (which may include
lost revenue, reimbursement for expenses already incurred,
and construction) incurred by such institutions of higher
education that were forced to close, relocate, or whose
operations were impaired as a result of damage directly
caused by such hurricanes, floods, and other natural
disasters occurring during 2008, and for payments to enable
such institutions to provide grants to students who attend
such institutions for academic years beginning on or after
July 1, 2008: Provided further, That such payments shall be
made in accordance with criteria established by the Secretary
and made publicly available without regard to section 437 of
the General Education Provisions Act, section 553 of title 5,
United States Code, or part B of title VII of the HEA:
Provided further, That the Secretary shall award funds
available under this paragraph not later than 60 days after
the date of the enactment of this Act.
GENERAL PROVISIONS, THIS CHAPTER
Sec. 10701. (a) Extension of Waiver Authority.--Section 105
of subtitle A of title IV of division B of Public Law 109-148
(119 Stat. 2797) is amended--
(1) in subsection (b)--
(A) in the first sentence, by striking ``for fiscal year
2007.'' and inserting ``for any of fiscal years 2007 through
2009.''; and
(B) by striking the second sentence; and
(2) in subsection (c)(2), by striking ``for fiscal year
2006 or 2007'' and inserting ``for any fiscal year''.
(b) Application of Waiver Authority to Areas Affected in
2008.--The authority of the Secretary of Education under
section 105 of subtitle A of title IV of division B of Public
Law 109-148 (119 Stat. 2797), as amended by subsection (a),
may be exercised with respect to an entity in an area
affected by hurricanes, floods, and other natural disasters
occurring during 2008 for which the President declared a
major disaster under title IV of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act of 1974.
Sec. 10702. (a) Allocation and Use of Campus-Based Higher
Education Assistance.--
(1) Waiver of matching requirements.--Notwithstanding
sections 413C(a)(2) and 443(b)(5) of the Higher Education Act
of 1965 (20 U.S.C. 1070b-2(a)(2); 42 U.S.C. 2753(b)(5)), with
respect to funds made available for academic year 2009-2010
to an institution of higher education located in an area
affected by a 2008 natural disaster, the Secretary shall
waive the requirement that a participating institution of
higher education provide a non-Federal share or a capital
contribution, as the case may be, to match Federal funds
provided to the institution for the programs authorized
pursuant to subpart 3 of part A and part C of title IV of
such Act.
(2) Waiver of reallocation rules.--
(A) Authority to reallocate.--Notwithstanding sections
413D(d) and 442(d) of the Higher Education Act of 1965 (20
U.S.C. 1070b-3(d); 42 U.S.C. 2752(d)), the Secretary shall--
(i) reallocate any funds returned under any of those
sections that were allocated to institutions of higher
education for award year 2008-2009 to an institution of
higher education that is eligible under this paragraph; and
(ii) waive the allocation reduction for award year 2009-
2010 for an institution returning more than 10 percent of its
allocation under any of those sections.
(B) Eligible institutions for reallocation.--An institution
of higher education may receive a reallocation of excess
allocations under this paragraph if the institution--
(i) participates in the program for which excess
allocations are being reallocated; and
(ii) is located in an area affected by a 2008 natural
disaster.
(C) Basis of reallocation.--The Secretary shall determine
the manner in which excess allocations shall be reallocated
to institutions under subparagraph (A), and shall give
additional consideration to the needs of institutions located
in an area affected by a 2008 natural disaster.
(D) Additional waiver authority.--Notwithstanding any other
provision of law, in order to carry out this paragraph, the
Secretary may waive or modify any statutory or regulatory
provision relating to the reallocation of excess allocations
under subpart 3 of part A or part C of title IV of the Higher
Education Act of 1965 in order to ensure that assistance is
received by institutions described in subsection (a)(2)(B).
(b) Definitions.--In this section:
(1) 2008 natural disaster.--The term ``2008 natural
disaster'' means a major disaster that the President declared
to exist, in accordance with section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170) that was caused by hurricanes, floods, and other
natural disasters during calendar year 2008.
(2) Area affected by a 2008 natural disaster.--The term
``area affected by a 2008 natural disaster'' means a county
or parish that has been designated by the Federal Emergency
Management Agency for disaster assistance for individuals and
households as a result of a 2008 natural disaster.
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given
that term in section 102 of the Higher Education Act of 1965
(20 U.S.C. 1002).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Education.
CHAPTER 8--MILITARY CONSTRUCTION
DEPARTMENT OF DEFENSE
Military Construction, Army National Guard
For an additional amount for ``Military Construction, Army
National Guard'',
[[Page 20977]]
$25,000,000, to remain available until September 30, 2013,
for construction due to damages as a result of natural
disasters: Provided, That notwithstanding any other provision
of law, such funds may be obligated and expended to carry out
planning and design and military contruction projects not
otherwise authorized by law: Provided further, That within 30
days of enactment of this Act, the Army National Guard shall
submit to the Committees on Appropriations of both Houses of
Congress an expenditure plan for funds provided under this
heading.
CHAPTER 9--DEPARTMENT OF STATE AND FOREIGN OPERATIONS
International Commissions
international boundary and water commission, united states and mexico
construction
For an additional amount for ``Construction'', for the
water quantity program to meet immediate and emergency repair
and rehabilitation requirements, $37,500,000, to remain
available until expended: Provided, That up to $3,000,000 may
be transferred to, and merged with, funds available under the
heading ``International Boundary and Water Commission--
Salaries and Expenses'': Provided further, That not later
than 60 days after enactment of this Act, the Commission
shall submit to the Committees on Appropriations of the House
of Representatives and the Senate a detailed spending plan
for funds appropriated under this heading.
CHAPTER 10--TRANSPORTATION AND HOUSING AND URBAN DEVELOPMENT
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
federal-aid highways
emergency relief program
For an additional amount for the Emergency Relief Program
as authorized under section 125 of title 23, United States
Code, $850,000,000, to remain available until expended:
Provided, That notwithstanding section 125(d)(1) of such
title, the Secretary of Transportation may obligate more than
$100,000,000 for eligible expenses in a State in a fiscal
year to respond to damage caused by Hurricanes Gustav and
Ike.
Federal Railroad Administration
railroad rehabilitation and repair
For necessary expenses for the Secretary of Transportation
to make grants to repair and rehabilitate Class II and Class
III railroad infrastructure damaged by hurricanes, floods,
and other natural disasters in areas for which the President
declared a major disaster under title IV of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act of
1974, $20,000,000, to remain available until expended, and to
be awarded to States on a competitive case-by-case basis
based on need: Provided, That funds available under this
heading shall be available for repair and rehabilitation of
railroad rights-of-way, bridges, signals, and other
infrastructure which is part of the general railroad system
of transportation and primarily used by railroads to move
freight traffic: Provided further, That the maximum Federal
share for carrying out a project under this heading shall be
80 percent of the project cost with the non-Federal share
provided only in cash, equipment or supplies: Provided
further, That the Secretary may retain up to one-half of 1
percent of the funds under this heading to fund the oversight
by the Administrator of the Federal Railroad Administration
of the design and implementation of projects funded by grants
made under this heading: Provided further, That the
provisions of section 24312 of title 49, United States Code,
shall apply to grantees assisted under this heading: Provided
further, That grantees must exhaust all other Federal and
State resources prior to seeking assistance under this
heading.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Public and Indian Housing
tenant-based rental assistance
For an additional amount for ``Tenant-Based Rental
Assistance'', as authorized under the United States Housing
Act of 1937 (42 U.S.C. 1437 et seq.), not otherwise provided
for, $85,000,000, to remain available until expended, for
incremental housing assistance, including related
administrative expenses, for persons assisted under the
Disaster Housing Assistance Program whose assistance would
otherwise end on March 1, 2009.
project-based rental assistance
For an additional amount to areas impacted by Hurricanes
Katrina and Rita for project-based vouchers under section
8(o)(13) of the United States Housing Act of 1937 (42 U.S.C.
1437f(o)(13)), $50,000,000, to remain available until
expended.
public housing capital fund
For an additional amount to be made available to the
Secretary of Housing and Urban Development, $15,000,000,
notwithstanding any other provision of law, to be used solely
for the redevelopment of public housing impacted by
Hurricanes Katrina and Rita.
Community Planning and Development
community development fund
For an additional amount for the ``Community Development
Fund'', for necessary expenses related to disaster relief,
long-term recovery, and restoration of infrastructure,
housing, and economic revitalization in areas affected by
hurricanes, floods, and other natural disasters occuring
during 2008 for which the President declared a major disaster
under title IV of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act of 1974, $6,500,000,000, to remain
available until expended, for activities authorized under
title I of the Housing and Community Development Act of 1974
(Public Law 93-383): Provided, That funds provided under this
heading shall be administered through an entity or entities
designated by the Governor of each State: Provided further,
That such funds may not be used for activities reimbursable
by, or for which funds are made available by, the Federal
Emergency Management Agency or the Army Corps of Engineers:
Provided further, That funds allocated under this heading
shall not adversely affect the amount of any formula
assistance received by a State under the Community
Development Fund: Provided further, That each State may use
up to 5 percent of its allocation for administrative costs:
Provided further, That $6,500,000 shall be available for use
by the Assistant Secretary of Community Planning and
Development for the administrative costs, including
information technology costs, with respect to amounts made
available under this section and under section 2301(a) of the
Housing and Economic Recovery Act of 2008. Provided further,
That not less than $650,000,000 from funds made available on
a pro-rata basis according to the allocation made to each
State under this heading shall be used for repair,
rehabilitation, and reconstruction (including demolition,
site clearance and remediation) of the affordable rental
housing stock (including public and other HUD-assisted
housing) in the impacted areas where there is a demonstrated
need as determined by the Secretary: Provided further, That
in administering the funds under this heading, the Secretary
of Housing and Urban Development may waive, or specify
alternative requirements for, any provision of any statute or
regulation that the Secretary administers in connection with
the obligation by the Secretary or the use by the recipient
of these funds or guarantees (except for requirements related
to fair housing, nondiscrimination, labor standards, and the
environment), upon a request by a State explaining why such
waiver is required to facilitate the use of such funds or
guarantees, if the Secretary finds that such waiver would not
be inconsistent with the overall purpose of title I of the
Housing and Community Development Act of 1974: Provided
further, That a waiver granted by the Secretary under the
preceding proviso may not reduce the percentage of funds
which must be used for activities that benefit persons of low
and moderate income to less than 50 percent, unless the
Secretary specifically finds that there is compelling need to
further reduce or eliminate the percentage requirement:
Provided further, That the Secretary shall publish in the
Federal Register any waiver of any statute or regulation that
the Secretary administers pursuant to title I of the Housing
and Community Development Act of 1974 no later than 5 days
before the effective date of such waiver: Provided further,
That every waiver made by the Secretary must be reconsidered
according to the three previous provisos on the 2-year
anniversary of the day the Secretary published the waiver in
the Federal Register: Provided further, That the Secretary
shall allocate to the states not less than 33 percent of the
funding provided under this heading within 60 days after the
enactment of this Act based on the best estimates available
of relative damage and anticipated assistance from other
Federal sources: Provided further, That prior to the
obligation of funds each State shall submit a plan to the
Secretary detailing the proposed use of all funds, including
criteria for eligibility and how the use of these funds will
address long-term recovery and restoration of infrastructure:
Provided further, That each State will report quarterly to
the Committees on Appropriations on all awards and uses of
funds made available under this heading, including
specifically identifying all awards of sole-source contracts
and the rationale for making the award on a sole-source
basis: Provided further, That the Secretary shall notify the
Committees on Appropriations of any proposed allocation of
any funds and any related waivers made pursuant to the
provisions under this heading no later than 5 days before
such allocation or waiver is made: Provided further, That the
Secretary shall establish procedures to prevent recipients
from receiving any duplication of benefits and report
quarterly to the Committees on Appropriations with regard to
all steps taken to prevent fraud and abuse of funds made
available under this heading including duplication of
benefits: Provided further, That none of the funds provided
under this heading may be used by a State or locality as a
matching requirement, share, or contribution for any other
Federal program.
GENERAL PROVISIONS, THIS CHAPTER
Sec. 11001. Section 7025 of Public Law 109-234 is amended
by inserting ``and nine months'' after ``two years''.
[[Page 20978]]
Sec. 11002. The Secretary of Housing and Urban Development
(``Secretary'') is authorized to transfer, at the request of
the project owner, any project-based assistance contract in
its entirety entered into pursuant to section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f) (and any use
restriction on the project) from one project to another
project. The Secretary shall make a determination of approval
or disapproval within 60 days of receipt of the proper
documentation required for such transfer, as determined by
the Secretary, if--
(1) the project from which the contract is transferred is
destroyed, damaged by Hurricanes Katrina or Rita, or is
considered beyond repair, physically obsolete, or
economically infeasible; and
(2) the number of individuals that can be served in the
project to which the contract is transferred is approximately
at least equal to the number of individuals that could be
served in the project from which the contract is transferred,
and any difference in the unit count and bedroom
configuration between the two projects shall be immaterial to
the Secretary's authority to transfer the contract.
Sec. 11003. Section 901 of Public Law 109-148 is amended
by deleting ``calendar years 2006 and 2007'' and inserting
``calendar years 2006, 2007, 2008, and 2009''.
TITLE II--OTHER SUPPLEMENTAL APPROPRIATIONS
CHAPTER 1--STATE AND FOREIGN OPERATIONS
DEPARTMENT OF STATE
Office of Inspector General
(including transfer of funds)
For an additional amount for ``Office of Inspector
General'', $9,000,000, which shall be transferred to the
Special Inspector General for Afghanistan Reconstruction for
reconstruction oversight, to remain available until September
30, 2010.
BILATERAL ECONOMIC ASSISTANCE
Other Bilateral Economic Assistance
economic support fund
(including transfer of funds)
For an additional amount for ``Economic Support Fund'',
$465,000,000, to remain available until September 30, 2010,
of which up to $5,000,000 may be made available for
administrative expenses of the United States Agency for
International Development, in addition to amounts otherwise
made available for such purposes: Provided, That of the funds
appropriated under this heading, $365,000,000 shall be made
available for assistance for Georgia and the region for
humanitarian and economic relief, reconstruction, energy-
related programs and democracy activities, and may be
transferred to, and merged with, funds appropriated under the
headings ``Assistance for the Independent States of the
Former Soviet Union'' and ``International Disaster
Assistance'', of which up to $8,000,000 may be transferred
to, and merged with, funds made available for ``International
Broadcasting Operations'' for broadcasting activities to
Georgia, Russia and the region: Provided further, That none
of the funds made available in prior Acts making
appropriations for foreign operations, export financing, and
related programs under the headings ``Assistance for the
Independent States of the Former Soviet Union'' and
``Assistance for Eastern Europe and the Baltic States'', or
funds appropriated for Iraq for the Community Stabilization
Program under the heading ``Economic Support Fund'' in Public
Law 110-252, may be reprogrammed for assistance for Georgia:
Provided further, That of the funds appropriated under this
heading, not less than $100,000,000 shall be made available
for hurricane relief and reconstruction assistance for Haiti
and other Caribbean countries: Provided further, That funds
appropriated under this heading shall be subject to prior
consultation with, and the regular notification procedures
of, the Committees on Appropriations.
CHAPTER 2--AGRICULTURE
bill emerson humanitarian trust
Sec. 20201. There is hereby appropriated to the Secretary
of Agriculture $100,000,000, to remain available until
expended, to carry out the Bill Emerson Humanitarian Trust,
as authorized by the Bill Emerson Humanitarian Trust Act (7
U.S.C. 1736f-1).
TITLE III--GENERAL PROVISIONS
short title
Sec. 30001. This division may be cited as the ``Disaster
Relief and Recovery Supplemental Appropriations Act, 2008''.
emergency designation
Sec. 30002. Each amount in this Act is designated as an
emergency requirement and necessary to meet emergency needs
pursuant to section 204(a) of S. Con. Res. 21 (110th
Congress) and section 301(b)(2) of S. Con. Res. 70 (110th
Congress), the concurrent resolutions on the budget for
fiscal years 2008 and 2009.
coordination of provisions
Sec. 30003. Unless otherwise expressly provided, each
amount in this Act is a supplemental appropriation for fiscal
year 2008 or, if enacted after September 30, 2008, for fiscal
year 2009.
DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2009
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2009, for military functions
administered by the Department of Defense and for other
purposes, namely:
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Army on active
duty, (except members of reserve components provided for
elsewhere), cadets, and aviation cadets; for members of the
Reserve Officers' Training Corps; and for payments pursuant
to section 156 of Public Law 97-377, as amended (42 U.S.C.
402 note), and to the Department of Defense Military
Retirement Fund, $36,382,736,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Navy on active
duty (except members of the Reserve provided for elsewhere),
midshipmen, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402
note), and to the Department of Defense Military Retirement
Fund, $24,037,553,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Marine Corps on
active duty (except members of the Reserve provided for
elsewhere); and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to
the Department of Defense Military Retirement Fund,
$11,792,974,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Air Force on
active duty (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; for members of
the Reserve Officers' Training Corps; and for payments
pursuant to section 156 of Public Law 97-377, as amended (42
U.S.C. 402 note), and to the Department of Defense Military
Retirement Fund, $25,103,789,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army
Reserve on active duty under sections 10211, 10302, and 3038
of title 10, United States Code, or while serving on active
duty under section 12301(d) of title 10, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent
duty or other duty, and expenses authorized by section 16131
of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund,
$3,904,296,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Navy
Reserve on active duty under section 10211 of title 10,
United States Code, or while serving on active duty under
section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and
expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense
Military Retirement Fund, $1,855,968,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Marine
Corps Reserve on active duty under section 10211 of title 10,
United States Code, or while serving on active duty under
section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and
for members of the Marine Corps platoon leaders class, and
expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense
Military Retirement Fund, $584,910,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air Force
Reserve on active duty under sections 10211, 10305, and 8038
of title 10, United States Code, or while serving on active
duty under section 12301(d) of title
[[Page 20979]]
10, United States Code, in connection with performing duty
specified in section 12310(a) of title 10, United States
Code, or while undergoing reserve training, or while
performing drills or equivalent duty or other duty, and
expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense
Military Retirement Fund, $1,423,676,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army
National Guard while on duty under section 10211, 10302, or
12402 of title 10 or section 708 of title 32, United States
Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing
training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title
10, United States Code; and for payments to the Department of
Defense Military Retirement Fund, $6,616,220,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air
National Guard on duty under section 10211, 10305, or 12402
of title 10 or section 708 of title 32, United States Code,
or while serving on duty under section 12301(d) of title 10
or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing
training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title
10, United States Code; and for payments to the Department of
Defense Military Retirement Fund, $2,741,768,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law;
and not to exceed $11,478,000 can be used for emergencies and
extraordinary expenses, to be expended on the approval or
authority of the Secretary of the Army, and payments may be
made on his certificate of necessity for confidential
military purposes, $31,207,243,000: Provided, That of the
funds made available under this heading, $2,500,000 shall be
available for Fort Baker, in accordance with terms and
conditions as provided under the heading ``Operation and
Maintenance, Army'', in Public Law 107-117.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps,
as authorized by law; and not to exceed $14,657,000 can be
used for emergencies and extraordinary expenses, to be
expended on the approval or authority of the Secretary of the
Navy, and payments may be made on his certificate of
necessity for confidential military purposes,
$34,410,773,000.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized
by law, $5,519,232,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by
law; and not to exceed $7,699,000 can be used for emergencies
and extraordinary expenses, to be expended on the approval or
authority of the Secretary of the Air Force, and payments may
be made on his certificate of necessity for confidential
military purposes, $34,865,964,000.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the
Department of Defense (other than the military departments),
as authorized by law, $25,939,466,000: Provided, That not
more than $50,000,000 may be used for the Combatant Commander
Initiative Fund authorized under section 166a of title 10,
United States Code: Provided further, That not to exceed
$36,000,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the
Secretary of Defense, and payments may be made on his
certificate of necessity for confidential military purposes:
Provided further, That of the funds provided under this
heading, not less than $29,900,000 shall be made available
for the Procurement Technical Assistance Cooperative
Agreement Program, of which not less than $3,600,000 shall be
available for centers defined in 10 U.S.C. 2411(1)(D):
Provided further, That none of the funds appropriated or
otherwise made available by this Act may be used to plan or
implement the consolidation of a budget or appropriations
liaison office of the Office of the Secretary of Defense, the
office of the Secretary of a military department, or the
service headquarters of one of the Armed Forces into a
legislative affairs or legislative liaison office: Provided
further, That, notwithstanding section 130(a) of title 10,
United States Code, not less than $46,970,000 shall be
available for the Office of the Undersecretary of Defense,
Comptroller and Chief Financial Officer: Provided further,
That $4,000,000, to remain available until expended, is
available only for expenses relating to certain classified
activities, and may be transferred as necessary by the
Secretary to operation and maintenance appropriations or
research, development, test and evaluation appropriations, to
be merged with and to be available for the same time period
as the appropriations to which transferred: Provided further,
That any ceiling on the investment item unit cost of items
that may be purchased with operation and maintenance funds
shall not apply to the funds described in the preceding
proviso: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority provided elsewhere in this Act.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Army Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of
services, supplies, and equipment; and communications,
$2,628,896,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Navy Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of
services, supplies, and equipment; and communications,
$1,308,141,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Marine Corps Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting;
procurement of services, supplies, and equipment; and
communications, $212,487,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Air Force Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting;
procurement of services, supplies, and equipment; and
communications, $3,018,151,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the
Army National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance,
operation, and repairs to structures and facilities; hire of
passenger motor vehicles; personnel services in the National
Guard Bureau; travel expenses (other than mileage), as
authorized by law for Army personnel on active duty, for Army
National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard
Bureau regulations when specifically authorized by the Chief,
National Guard Bureau; supplying and equipping the Army
National Guard as authorized by law; and expenses of repair,
modification, maintenance, and issue of supplies and
equipment (including aircraft), $5,858,303,000.
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the
Air National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance,
operation, and repairs to structures and facilities;
transportation of things, hire of passenger motor vehicles;
supplying and equipping the Air National Guard, as authorized
by law; expenses for repair, modification, maintenance, and
issue of supplies and equipment, including those furnished
from stocks under the control of agencies of the Department
of Defense; travel expenses (other than mileage) on the same
basis as authorized by law for Air National Guard personnel
on active Federal duty, for Air National Guard commanders
while inspecting units in compliance with National Guard
Bureau regulations when specifically authorized by the Chief,
National Guard Bureau, $5,901,044,000.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States
Court of Appeals for the Armed Forces, $13,254,000, of which
not to exceed $5,000 may be used for official representation
purposes.
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $457,776,000, to remain
available until transferred: Provided, That the Secretary of
the
[[Page 20980]]
Army shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of the Army, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Army,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $290,819,000, to remain
available until transferred: Provided, That the Secretary of
the Navy shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of the Navy, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Navy,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $496,277,000, to
remain available until transferred: Provided, That the
Secretary of the Air Force shall, upon determining that such
funds are required for environmental restoration, reduction
and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of the Air Force, or for similar
purposes, transfer the funds made available by this
appropriation to other appropriations made available to the
Department of the Air Force, to be merged with and to be
available for the same purposes and for the same time period
as the appropriations to which transferred: Provided further,
That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred
back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition
to any other transfer authority provided elsewhere in this
Act.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of Defense, $13,175,000, to remain
available until transferred: Provided, That the Secretary of
Defense shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of Defense, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of Defense,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $291,296,000, to remain
available until transferred: Provided, That the Secretary of
the Army shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris at
sites formerly used by the Department of Defense, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Army,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian,
Disaster, and Civic Aid programs of the Department of Defense
(consisting of the programs provided under sections 401, 402,
404, 407, 2557, and 2561 of title 10, United States Code),
$83,273,000, to remain available until September 30, 2010.
Cooperative Threat Reduction Account
For assistance to the republics of the former Soviet Union,
including assistance provided by contract or by grants, for
facilitating the elimination and the safe and secure
transportation and storage of nuclear, chemical and other
weapons; for establishing programs to prevent the
proliferation of weapons, weapons components, and weapon-
related technology and expertise; for programs relating to
the training and support of defense and military personnel
for demilitarization and protection of weapons, weapons
components and weapons technology and expertise, and for
defense and military contacts, $434,135,000, to remain
available until September 30, 2011: Provided, That of the
amounts provided under this heading, $12,000,000 shall be
available only to support the dismantling and disposal of
nuclear submarines, submarine reactor components, and
security enhancements for transport and storage of nuclear
warheads in the Russian Far East.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification,
and modernization of aircraft, equipment, including ordnance,
ground handling equipment, spare parts, and accessories
therefor; specialized equipment and training devices;
expansion of public and private plants, including the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$4,900,835,000, to remain available for obligation until
September 30, 2011.
Missile Procurement, Army
For construction, procurement, production, modification,
and modernization of missiles, equipment, including ordnance,
ground handling equipment, spare parts, and accessories
therefor; specialized equipment and training devices;
expansion of public and private plants, including the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$2,185,060,000, to remain available for obligation until
September 30, 2011.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification
of weapons and tracked combat vehicles, equipment, including
ordnance, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including the land necessary therefor, for
the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the
foregoing purposes, $3,169,128,000, to remain available for
obligation until September 30, 2011.
Procurement of Ammunition, Army
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities, authorized
by section 2854 of title 10, United States Code, and the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$2,287,398,000, to remain available for obligation until
September 30, 2011.
Other Procurement, Army
For construction, procurement, production, and modification
of vehicles, including tactical, support, and non-tracked
combat vehicles; the purchase of passenger motor vehicles for
replacement only; and the purchase of 3 vehicles required for
physical security of personnel, notwithstanding price
limitations applicable to passenger vehicles but not to
exceed $262,000 per vehicle; communications and electronic
equipment; other
[[Page 20981]]
support equipment; spare parts, ordnance, and accessories
therefor; specialized equipment and training devices;
expansion of public and private plants, including the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$10,684,014,000, to remain available for obligation until
September 30, 2011.
Aircraft Procurement, Navy
For construction, procurement, production, modification,
and modernization of aircraft, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment;
expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-
owned equipment layaway, $14,141,318,000, to remain available
for obligation until September 30, 2011.
Weapons Procurement, Navy
For construction, procurement, production, modification,
and modernization of missiles, torpedoes, other weapons, and
related support equipment including spare parts, and
accessories therefor; expansion of public and private plants,
including the land necessary therefor, and such lands and
interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway,
$3,292,972,000, to remain available for obligation until
September 30, 2011.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities, authorized
by section 2854 of title 10, United States Code, and the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$1,085,158,000, to remain available for obligation until
September 30, 2011.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition,
or conversion of vessels as authorized by law, including
armor and armament thereof, plant equipment, appliances, and
machine tools and installation thereof in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; procurement of critical, long leadtime
components and designs for vessels to be constructed or
converted in the future; and expansion of public and private
plants, including land necessary therefor, and such lands and
interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title, as follows:
Carrier Replacement Program, $2,692,607,000;
Carrier Replacement Program (AP), $1,214,188,000;
NSSN, $2,107,040,000;
NSSN (AP), $1,395,548,000;
CVN Refueling, $593,534,000;
CVN Refuelings (AP), $21,389,000;
SSBN Submarine Refuelings, $221,823,000;
SSBN Submarine Refuelings (AP), $39,363,000;
DDG-1000 Program, $1,508,803,000;
DDG-51 Destroyer (AP), $200,000,000;
Littoral Combat Ship, $1,020,000,000;
LPD-17, $933,216,000;
LHA-R (AP), $178,300,000;
Intratheater Connector, $174,782,000;
LCAC Service Life Extension Program, $110,918,000;
Prior year shipbuilding costs, $165,152,000;
Service Craft, $48,117,000; and
For outfitting, post delivery, conversions, and first
destination transportation, $429,587,000.
In all: $13,054,367,000, to remain available for obligation
until September 30, 2013: Provided, That additional
obligations may be incurred after September 30, 2013, for
engineering services, tests, evaluations, and other such
budgeted work that must be performed in the final stage of
ship construction: Provided further, That none of the funds
provided under this heading for the construction or
conversion of any naval vessel to be constructed in shipyards
in the United States shall be expended in foreign facilities
for the construction of major components of such vessel:
Provided further, That none of the funds provided under this
heading shall be used for the construction of any naval
vessel in foreign shipyards.
Other Procurement, Navy
For procurement, production, and modernization of support
equipment and materials not otherwise provided for, Navy
ordnance (except ordnance for new aircraft, new ships, and
ships authorized for conversion); the purchase of passenger
motor vehicles for replacement only, and the purchase of
seven vehicles required for physical security of personnel,
notwithstanding price limitations applicable to passenger
vehicles but not to exceed $262,000 per vehicle; expansion of
public and private plants, including the land necessary
therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-
owned equipment layaway, $5,250,627,000, to remain available
for obligation until September 30, 2011.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture,
and modification of missiles, armament, military equipment,
spare parts, and accessories therefor; plant equipment,
appliances, and machine tools, and installation thereof in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway; vehicles for the Marine
Corps, including the purchase of passenger motor vehicles for
replacement only; and expansion of public and private plants,
including land necessary therefor, and such lands and
interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title,
$1,376,917,000, to remain available for obligation until
September 30, 2011.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft
and equipment, including armor and armament, specialized
ground handling equipment, and training devices, spare parts,
and accessories therefor; specialized equipment; expansion of
public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing
purposes including rents and transportation of things,
$13,112,617,000, to remain available for obligation until
September 30, 2011.
Missile Procurement, Air Force
For construction, procurement, and modification of
missiles, spacecraft, rockets, and related equipment,
including spare parts and accessories therefor, ground
handling equipment, and training devices; expansion of public
and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing
purposes including rents and transportation of things,
$5,442,428,000, to remain available for obligation until
September 30, 2011.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities, authorized
by section 2854 of title 10, United States Code, and the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$859,466,000, to remain available for obligation until
September 30, 2011.
Other Procurement, Air Force
For procurement and modification of equipment (including
ground guidance and electronic control equipment, and ground
electronic and communication equipment), and supplies,
materials, and spare parts therefor, not otherwise provided
for; the purchase of passenger motor vehicles for replacement
only, and the purchase of two vehicles required for physical
security of personnel, notwithstanding price limitations
applicable to passenger vehicles but not to exceed $262,000
per vehicle; lease of passenger motor vehicles; and expansion
of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon, prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway, $16,052,569,000, to remain available for obligation
until September 30, 2011.
[[Page 20982]]
Procurement, Defense-Wide
For expenses of activities and agencies of the Department
of Defense (other than the military departments) necessary
for procurement, production, and modification of equipment,
supplies, materials, and spare parts therefor, not otherwise
provided for; the purchase of passenger motor vehicles for
replacement only; expansion of public and private plants,
equipment, and installation thereof in such plants, erection
of structures, and acquisition of land for the foregoing
purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to
approval of title; reserve plant and Government and
contractor-owned equipment layaway, $3,306,269,000, to remain
available for obligation until September 30, 2011.
National Guard and Reserve Equipment
For procurement of aircraft, missiles, tracked combat
vehicles, ammunition, other weapons, and other procurement
for the reserve components of the Armed Forces, $750,000,000,
to remain available for obligation until September 30, 2011,
of which $480,000,000 shall be available only for the Army
National Guard: Provided, That the Chiefs of the Reserve and
National Guard components shall, not later than 30 days after
the enactment of this Act, individually submit to the
congressional defense committees the modernization priority
assessment for their respective Reserve or National Guard
component.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to
sections 108, 301, 302, and 303 of the Defense Production Act
of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093),
$100,565,000, to remain available until expended.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $12,060,111,000, to remain
available for obligation until September 30, 2010.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $19,764,276,000, to remain
available for obligation until September 30, 2010: Provided,
That funds appropriated in this paragraph which are available
for the V-22 may be used to meet unique operational
requirements of the Special Operations Forces: Provided
further, That funds appropriated in this paragraph shall be
available for the Cobra Judy program.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $27,084,340,000, to remain
available for obligation until September 30, 2010.
Research, Development, Test and Evaluation, Defense-Wide
For expenses of activities and agencies of the Department
of Defense (other than the military departments), necessary
for basic and applied scientific research, development, test
and evaluation; advanced research projects as may be
designated and determined by the Secretary of Defense,
pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $21,423,338,000, to
remain available for obligation until September 30, 2010:
Provided, That of the amount available under this heading for
the Prompt Global Strike Capability Development program, not
less than one-fourth shall be available for the Army Advanced
Hypersonic Weapon initiative.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and
Evaluation, in the direction and supervision of operational
test and evaluation, including initial operational test and
evaluation which is conducted prior to, and in support of,
production decisions; joint operational testing and
evaluation; and administrative expenses in connection
therewith, $188,772,000, to remain available for obligation
until September 30, 2010.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,489,234,000.
National Defense Sealift Fund
For National Defense Sealift Fund programs, projects, and
activities, and for expenses of the National Defense Reserve
Fleet, as established by section 11 of the Merchant Ship
Sales Act of 1946 (50 U.S.C. App. 1744), and for the
necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the
United States, $1,666,572,000, to remain available until
expended: Provided, That none of the funds provided in this
paragraph shall be used to award a new contract that provides
for the acquisition of any of the following major components
unless such components are manufactured in the United States:
auxiliary equipment, including pumps, for all shipboard
services; propulsion system components (that is; engines,
reduction gears, and propellers); shipboard cranes; and
spreaders for shipboard cranes: Provided further, That the
exercise of an option in a contract awarded through the
obligation of previously appropriated funds shall not be
considered to be the award of a new contract: Provided
further, That the Secretary of the military department
responsible for such procurement may waive the restrictions
in the first proviso on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
(including transfer of funds)
For expenses, not otherwise provided for, for medical and
health care programs of the Department of Defense as
authorized by law, $25,825,832,000, of which $1,300,000,000
shall be derived by transfer from the National Defense
Stockpile Transaction Fund; of which $24,611,369,000 shall be
for operation and maintenance, of which not to exceed one
percent shall remain available until September 30, 2010, and
of which up to $13,217,751,000 may be available for contracts
entered into under the TRICARE program; of which
$311,905,000, to remain available for obligation until
September 30, 2011, shall be for procurement; and of which
$902,558,000, to remain available for obligation until
September 30, 2010, shall be for research, development, test
and evaluation: Provided, That, notwithstanding any other
provision of law, of the amount made available under this
heading for research, development, test and evaluation, not
less than $8,000,000 shall be available for HIV prevention
educational activities undertaken in connection with U.S.
military training, exercises, and humanitarian assistance
activities conducted primarily in African nations.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical
agents and munitions, to include construction of facilities,
in accordance with the provisions of section 1412 of the
Department of Defense Authorization Act, 1986 (50 U.S.C.
1521), and for the destruction of other chemical warfare
materials that are not in the chemical weapon stockpile,
$1,505,634,000, of which $1,152,668,000 shall be for
operation and maintenance, of which no less than
$103,198,000, shall be for the Chemical Stockpile Emergency
Preparedness Program, consisting of $33,411,000 for
activities on military installations and $69,787,000, to
remain available until September 30, 2010, to assist State
and local governments; $64,085,000 shall be for procurement,
to remain available until September 30, 2011, of which no
less than $26,428,000 shall be for the Chemical Stockpile
Emergency Preparedness Program to assist State and local
governments; and $288,881,000, to remain available until
September 30, 2010, shall be for research, development, test
and evaluation, of which $283,219,000 shall only be for the
Assembled Chemical Weapons Alternatives (ACWA) program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the
Department of Defense, for transfer to appropriations
available to the Department of Defense for military personnel
of the reserve components serving under the provisions of
title 10 and title 32, United States Code; for operation and
maintenance; for procurement; and for research, development,
test and evaluation, $1,096,743,000: Provided, That the funds
appropriated under this heading shall be available for
obligation for the same time period and for the same purpose
as the appropriation to which transferred: Provided further,
That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred
back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition
to any other transfer authority contained elsewhere in this
Act.
Office of the Inspector General
For expenses and activities of the Office of the Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $271,845,000, of which
$270,445,000 shall be for operation and maintenance, of which
not to exceed $700,000 is
[[Page 20983]]
available for emergencies and extraordinary expenses to be
expended on the approval or authority of the Inspector
General, and payments may be made on the Inspector General's
certificate of necessity for confidential military purposes;
and of which $1,400,000, to remain available until September
30, 2011, shall be for procurement.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement
and Disability System Fund, to maintain the proper funding
level for continuing the operation of the Central
Intelligence Agency Retirement and Disability System,
$279,200,000.
Intelligence Community Management Account
(including transfer of funds)
For necessary expenses of the Intelligence Community
Management Account, $710,042,000: Provided, That of the funds
appropriated under this heading, $44,000,000 shall be
transferred to the Department of Justice, of which $2,000,000
shall be for reimbursement of Air Force personnel for the
National Drug Intelligence Center to support the Department
of Defense's counter-drug intelligence responsibilities:
Provided further, That the National Drug Intelligence Center
shall maintain the personnel and technical resources to
provide timely support to law enforcement authorities and the
intelligence community by conducting document and computer
exploitation of materials collected in Federal, State, and
local law enforcement activity associated with counter-drug,
counter-terrorism, and national security investigations and
operations.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 8002. During the current fiscal year, provisions of
law prohibiting the payment of compensation to, or employment
of, any person not a citizen of the United States shall not
apply to personnel of the Department of Defense: Provided,
That salary increases granted to direct and indirect hire
foreign national employees of the Department of Defense
funded by this Act shall not be at a rate in excess of the
percentage increase authorized by law for civilian employees
of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or
at a rate in excess of the percentage increase provided by
the appropriate host nation to its own employees, whichever
is higher: Provided further, That this section shall not
apply to Department of Defense foreign service national
employees serving at United States diplomatic missions whose
pay is set by the Department of State under the Foreign
Service Act of 1980: Provided further, That the limitations
of this provision shall not apply to foreign national
employees of the Department of Defense in the Republic of
Turkey.
Sec. 8003. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year, unless expressly so provided herein.
Sec. 8004. No more than 20 percent of the appropriations in
this Act which are limited for obligation during the current
fiscal year shall be obligated during the last 2 months of
the fiscal year: Provided, That this section shall not apply
to obligations for support of active duty training of reserve
components or summer camp training of the Reserve Officers'
Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense
that such action is necessary in the national interest, he
may, with the approval of the Office of Management and
Budget, transfer not to exceed $4,100,000,000 of working
capital funds of the Department of Defense or funds made
available in this Act to the Department of Defense for
military functions (except military construction) between
such appropriations or funds or any subdivision thereof, to
be merged with and to be available for the same purposes, and
for the same time period, as the appropriation or fund to
which transferred: Provided, That such authority to transfer
may not be used unless for higher priority items, based on
unforeseen military requirements, than those for which
originally appropriated and in no case where the item for
which funds are requested has been denied by the Congress:
Provided further, That the Secretary of Defense shall notify
the Congress promptly of all transfers made pursuant to this
authority or any other authority in this Act: Provided
further, That no part of the funds in this Act shall be
available to prepare or present a request to the Committees
on Appropriations for reprogramming of funds, unless for
higher priority items, based on unforeseen military
requirements, than those for which originally appropriated
and in no case where the item for which reprogramming is
requested has been denied by the Congress: Provided further,
That a request for multiple reprogrammings of funds using
authority provided in this section must be made prior to June
30, 2009: Provided further, That transfers among military
personnel appropriations shall not be taken into account for
purposes of the limitation on the amount of funds that may be
transferred under this section: Provided further, That no
obligation of funds may be made pursuant to section 1206 of
Public Law 109-163 (or any successor provision) unless the
Secretary of Defense has notified the congressional defense
committees prior to any such obligation.
Sec. 8006. (a) With regard to the list of specific
programs, projects, and activities (and the dollar amounts
and adjustments to budget activities corresponding to such
programs, projects, and activities) contained in the tables
titled ``Explanation of Project Level Adjustments'' in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), the
obligation and expenditure of amounts appropriated or
otherwise made available in this Act for those programs,
projects, and activities for which the amounts appropriated
exceed the amounts requested are hereby required by law to be
carried out in the manner provided by such tables to the same
extent as if the tables were included in the text of this
Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of
appropriations for purposes of section 8005 of this Act:
Provided, That section 8005 shall apply when transfers of the
amounts described in subsection (a) occur between
appropriation accounts.
Sec. 8007. (a) Not later than 60 days after enactment of
this Act, the Department of Defense shall submit a report to
the congressional defense committees to establish the
baseline for application of reprogramming and transfer
authorities for fiscal year 2009: Provided, That the report
shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both
by budget activity and program, project, and activity as
detailed in the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) Notwithstanding section 8005 of this Act, none of the
funds provided in this Act shall be available for
reprogramming or transfer until the report identified in
subsection (a) is submitted to the congressional defense
committees, unless the Secretary of Defense certifies in
writing to the congressional defense committees that such
reprogramming or transfer is necessary as an emergency
requirement.
Sec. 8008. The Secretaries of the Air Force and the Army
are authorized, using funds available under the headings
``Operation and Maintenance, Air Force'' and ``Operation and
Maintenance, Army'', to complete facility conversions and
phased repair projects which may include upgrades and
additions to Alaskan range infrastructure and training areas,
and improved access to these ranges.
(transfer of funds)
Sec. 8009. During the current fiscal year, cash balances in
working capital funds of the Department of Defense
established pursuant to section 2208 of title 10, United
States Code, may be maintained in only such amounts as are
necessary at any time for cash disbursements to be made from
such funds: Provided, That transfers may be made between such
funds: Provided further, That transfers may be made between
working capital funds and the ``Foreign Currency
Fluctuations, Defense'' appropriation and the ``Operation and
Maintenance'' appropriation accounts in such amounts as may
be determined by the Secretary of Defense, with the approval
of the Office of Management and Budget, except that such
transfers may not be made unless the Secretary of Defense has
notified the Congress of the proposed transfer. Except in
amounts equal to the amounts appropriated to working capital
funds in this Act, no obligations may be made against a
working capital fund to procure or increase the value of war
reserve material inventory, unless the Secretary of Defense
has notified the Congress prior to any such obligation.
Sec. 8010. Funds appropriated by this Act may not be used
to initiate a special access program without prior
notification 30 calendar days in advance to the congressional
defense committees.
Sec. 8011. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs
economic order quantity procurement in excess of $20,000,000
in any one year of the contract or that includes an unfunded
contingent liability in excess of $20,000,000; or (2) a
contract for advance procurement leading to a multiyear
contract that employs economic order quantity procurement in
excess of $20,000,000 in any one year, unless the
congressional defense committees have been notified at least
30 days in advance of the proposed contract award: Provided,
That no part of any appropriation contained in this Act shall
be available to initiate a multiyear contract for which the
economic order quantity advance procurement is not funded at
least to the limits of the Government's liability: Provided
further, That no part of any appropriation contained in this
Act shall be
[[Page 20984]]
available to initiate multiyear procurement contracts for any
systems or component thereof if the value of the multiyear
contract would exceed $500,000,000 unless specifically
provided in this Act: Provided further, That no multiyear
procurement contract can be terminated without 10-day prior
notification to the congressional defense committees:
Provided further, That the execution of multiyear authority
shall require the use of a present value analysis to
determine lowest cost compared to an annual procurement:
Provided further, That none of the funds provided in this Act
may be used for a multiyear contract executed after the date
of the enactment of this Act unless in the case of any such
contract--
(1) the Secretary of Defense has submitted to Congress a
budget request for full funding of units to be procured
through the contract and, in the case of a contract for
procurement of aircraft, that includes, for any aircraft unit
to be procured through the contract for which procurement
funds are requested in that budget request for production
beyond advance procurement activities in the fiscal year
covered by the budget, full funding of procurement of such
unit in that fiscal year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the
contractor associated with the production of unfunded units
to be delivered under the contract;
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure to award a follow-on contract.
Funds appropriated in title III of this Act may be used for
a multiyear procurement contract as follows:
SSN Virginia class submarine.
Sec. 8012. Within the funds appropriated for the operation
and maintenance of the Armed Forces, funds are hereby
appropriated pursuant to section 401 of title 10, United
States Code, for humanitarian and civic assistance costs
under chapter 20 of title 10, United States Code. Such funds
may also be obligated for humanitarian and civic assistance
costs incidental to authorized operations and pursuant to
authority granted in section 401 of chapter 20 of title 10,
United States Code, and these obligations shall be reported
as required by section 401(d) of title 10, United States
Code: Provided, That funds available for operation and
maintenance shall be available for providing humanitarian and
similar assistance by using Civic Action Teams in the Trust
Territories of the Pacific Islands and freely associated
states of Micronesia, pursuant to the Compact of Free
Association as authorized by Public Law 99-239: Provided
further, That upon a determination by the Secretary of the
Army that such action is beneficial for graduate medical
education programs conducted at Army medical facilities
located in Hawaii, the Secretary of the Army may authorize
the provision of medical services at such facilities and
transportation to such facilities, on a nonreimbursable
basis, for civilian patients from American Samoa, the
Commonwealth of the Northern Mariana Islands, the Marshall
Islands, the Federated States of Micronesia, Palau, and Guam.
Sec. 8013. (a) During fiscal year 2009, the civilian
personnel of the Department of Defense may not be managed on
the basis of any end-strength, and the management of such
personnel during that fiscal year shall not be subject to any
constraint or limitation (known as an end-strength) on the
number of such personnel who may be employed on the last day
of such fiscal year.
(b) The fiscal year 2010 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2010 Department of
Defense budget request shall be prepared and submitted to the
Congress as if subsections (a) and (b) of this provision were
effective with regard to fiscal year 2010.
(c) Nothing in this section shall be construed to apply to
military (civilian) technicians.
Sec. 8014. None of the funds made available by this Act
shall be used in any way, directly or indirectly, to
influence congressional action on any legislation or
appropriation matters pending before the Congress.
Sec. 8015. None of the funds appropriated by this Act shall
be available for the basic pay and allowances of any member
of the Army participating as a full-time student and
receiving benefits paid by the Secretary of Veterans Affairs
from the Department of Defense Education Benefits Fund when
time spent as a full-time student is credited toward
completion of a service commitment: Provided, That this
section shall not apply to those members who have reenlisted
with this option prior to October 1, 1987: Provided further,
That this section applies only to active components of the
Army.
Sec. 8016. (a) None of the funds appropriated by this Act
shall be available to convert to contractor performance an
activity or function of the Department of Defense that, on or
after the date of the enactment of this Act, is performed by
more than 10 Department of Defense civilian employees
unless--
(1) the conversion is based on the result of a public-
private competition that includes a most efficient and cost
effective organization plan developed by such activity or
function;
(2) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers
for performance of the activity or function, the cost of
performance of the activity or function by a contractor would
be less costly to the Department of Defense by an amount that
equals or exceeds the lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that activity or
function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of
Defense by--
(A) not making an employer-sponsored health insurance plan
available to the workers who are to be employed in the
performance of that activity or function under the contract;
or
(B) offering to such workers an employer-sponsored health
benefits plan that requires the employer to contribute less
towards the premium or subscription share than the amount
that is paid by the Department of Defense for health benefits
for civilian employees under chapter 89 of title 5, United
States Code.
(b)(1) The Department of Defense, without regard to
subsection (a) of this section or subsection (a), (b), or (c)
of section 2461 of title 10, United States Code, and
notwithstanding any administrative regulation, requirement,
or policy to the contrary shall have full authority to enter
into a contract for the performance of any commercial or
industrial type function of the Department of Defense that--
(A) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O'Day Act (41
U.S.C. 47);
(B) is planned to be converted to performance by a
qualified nonprofit agency for the blind or by a qualified
nonprofit agency for other severely handicapped individuals
in accordance with that Act; or
(C) is planned to be converted to performance by a
qualified firm under at least 51 percent ownership by an
Indian tribe, as defined in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b(e)), or a Native Hawaiian Organization, as defined in
section 8(a)(15) of the Small Business Act (15 U.S.C.
637(a)(15)).
(2) This section shall not apply to depot contracts or
contracts for depot maintenance as provided in sections 2469
and 2474 of title 10, United States Code.
(c) The conversion of any activity or function of the
Department of Defense under the authority provided by this
section shall be credited toward any competitive or
outsourcing goal, target, or measurement that may be
established by statute, regulation, or policy and is deemed
to be awarded under the authority of, and in compliance with,
subsection (h) of section 2304 of title 10, United States
Code, for the competition or outsourcing of commercial
activities.
(transfer of funds)
Sec. 8017. Funds appropriated in title III of this Act for
the Department of Defense Pilot Mentor-Protege Program may be
transferred to any other appropriation contained in this Act
solely for the purpose of implementing a Mentor-Protege
Program developmental assistance agreement pursuant to
section 831 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note),
as amended, under the authority of this provision or any
other transfer authority contained in this Act.
Sec. 8018. None of the funds in this Act may be available
for the purchase by the Department of Defense (and its
departments and agencies) of welded shipboard anchor and
mooring chain 4 inches in diameter and under unless the
anchor and mooring chain are manufactured in the United
States from components which are substantially manufactured
in the United States: Provided, That for the purpose of this
section manufactured will include cutting, heat treating,
quality control, testing of chain and welding (including the
forging and shot blasting process): Provided further, That
for the purpose of this section substantially all of the
components of anchor and mooring chain shall be considered to
be produced or manufactured in the United States if the
aggregate cost of the components produced or manufactured in
the United States exceeds the aggregate cost of the
components produced or manufactured outside the United
States: Provided further, That when adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis, the Secretary of the service
responsible for the procurement may waive this restriction on
a case-by-case basis by certifying in writing to the
Committees on Appropriations that such an acquisition must be
made in order to acquire capability for national security
purposes.
Sec. 8019. None of the funds available to the Department of
Defense may be used to demilitarize or dispose of M-1
Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber rifles,
.30 caliber rifles, or M-1911 pistols.
Sec. 8020. No more than $500,000 of the funds appropriated
or made available in this
[[Page 20985]]
Act shall be used during a single fiscal year for any single
relocation of an organization, unit, activity or function of
the Department of Defense into or within the National Capital
Region: Provided, That the Secretary of Defense may waive
this restriction on a case-by-case basis by certifying in
writing to the congressional defense committees that such a
relocation is required in the best interest of the
Government.
Sec. 8021. In addition to the funds provided elsewhere in
this Act, $15,000,000 is appropriated only for incentive
payments authorized by section 504 of the Indian Financing
Act of 1974 (25 U.S.C. 1544): Provided, That a prime
contractor or a subcontractor at any tier that makes a
subcontract award to any subcontractor or supplier as defined
in section 1544 of title 25, United States Code, or a small
business owned and controlled by an individual or individuals
defined under section 4221(9) of title 25, United States
Code, shall be considered a contractor for the purposes of
being allowed additional compensation under section 504 of
the Indian Financing Act of 1974 (25 U.S.C. 1544) whenever
the prime contract or subcontract amount is over $500,000 and
involves the expenditure of funds appropriated by an Act
making Appropriations for the Department of Defense with
respect to any fiscal year: Provided further, That
notwithstanding section 430 of title 41, United States Code,
this section shall be applicable to any Department of Defense
acquisition of supplies or services, including any contract
and any subcontract at any tier for acquisition of commercial
items produced or manufactured, in whole or in part by any
subcontractor or supplier defined in section 1544 of title
25, United States Code, or a small business owned and
controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code.
Sec. 8022. Funds appropriated by this Act for the Defense
Media Activity shall not be used for any national or
international political or psychological activities.
Sec. 8023. None of the funds appropriated by this Act shall
be available to perform any cost study pursuant to the
provisions of OMB Circular A-76 if the study being performed
exceeds a period of 24 months after initiation of such study
with respect to a single function activity or 30 months after
initiation of such study for a multi-function activity.
Sec. 8024. During the current fiscal year, the Department
of Defense is authorized to incur obligations of not to
exceed $350,000,000 for purposes specified in section
2350j(c) of title 10, United States Code, in anticipation of
receipt of contributions, only from the Government of Kuwait,
under that section: Provided, That upon receipt, such
contributions from the Government of Kuwait shall be credited
to the appropriations or fund which incurred such
obligations.
Sec. 8025. (a) Of the funds made available in this Act, not
less than $34,929,000 shall be available for the Civil Air
Patrol Corporation, of which--
(1) $26,605,000 shall be available from ``Operation and
Maintenance, Air Force'' to support Civil Air Patrol
Corporation operation and maintenance, readiness, counterdrug
activities, and drug demand reduction activities involving
youth programs;
(2) $7,435,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $889,000 shall be available from ``Other Procurement,
Air Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive
reimbursement for any funds used by the Civil Air Patrol for
counter-drug activities in support of Federal, State, and
local government agencies.
Sec. 8026. (a) None of the funds appropriated in this Act
are available to establish a new Department of Defense
(department) federally funded research and development center
(FFRDC), either as a new entity, or as a separate entity
administrated by an organization managing another FFRDC, or
as a nonprofit membership corporation consisting of a
consortium of other FFRDCs and other non-profit entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or
any similar entity of a defense FFRDC, and no paid consultant
to any defense FFRDC, except when acting in a technical
advisory capacity, may be compensated for his or her services
as a member of such entity, or as a paid consultant by more
than one FFRDC in a fiscal year: Provided, That a member of
any such entity referred to previously in this subsection
shall be allowed travel expenses and per diem as authorized
under the Federal Joint Travel Regulations, when engaged in
the performance of membership duties.
(c) Notwithstanding any other provision of law, none of the
funds available to the department from any source during
fiscal year 2009 may be used by a defense FFRDC, through a
fee or other payment mechanism, for construction of new
buildings, for payment of cost sharing for projects funded by
Government grants, for absorption of contract overruns, or
for certain charitable contributions, not to include employee
participation in community service and/or development.
(d) Notwithstanding any other provision of law, of the
funds available to the department during fiscal year 2009,
not more than 5,600 staff years of technical effort (staff
years) may be funded for defense FFRDCs: Provided, That of
the specific amount referred to previously in this
subsection, not more than 1,100 staff years may be funded for
the defense studies and analysis FFRDCs: Provided further,
That this subsection shall not apply to staff years funded in
the National Intelligence Program (NIP) and the Military
Intelligence Program (MIP).
(e) The Secretary of Defense shall, with the submission of
the department's fiscal year 2010 budget request, submit a
report presenting the specific amounts of staff years of
technical effort to be allocated for each defense FFRDC
during that fiscal year and the associated budget estimates.
(f) Notwithstanding any other provision of this Act, the
total amount appropriated in this Act for FFRDCs is hereby
reduced by $84,000,000.
Sec. 8027. None of the funds appropriated or made available
in this Act shall be used to procure carbon, alloy or armor
steel plate for use in any Government-owned facility or
property under the control of the Department of Defense which
were not melted and rolled in the United States or Canada:
Provided, That these procurement restrictions shall apply to
any and all Federal Supply Class 9515, American Society of
Testing and Materials (ASTM) or American Iron and Steel
Institute (AISI) specifications of carbon, alloy or armor
steel plate: Provided further, That the Secretary of the
military department responsible for the procurement may waive
this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes: Provided further, That these restrictions
shall not apply to contracts which are in being as of the
date of the enactment of this Act.
Sec. 8028. For the purposes of this Act, the term
``congressional defense committees'' means the Armed Services
Committee of the House of Representatives, the Armed Services
Committee of the Senate, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the
Subcommittee on Defense of the Committee on Appropriations of
the House of Representatives.
Sec. 8029. During the current fiscal year, the Department
of Defense may acquire the modification, depot maintenance
and repair of aircraft, vehicles and vessels as well as the
production of components and other Defense-related articles,
through competition between Department of Defense depot
maintenance activities and private firms: Provided, That the
Senior Acquisition Executive of the military department or
Defense Agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of
all direct and indirect costs for both public and private
bids: Provided further, That Office of Management and Budget
Circular A-76 shall not apply to competitions conducted under
this section.
Sec. 8030. (a)(1) If the Secretary of Defense, after
consultation with the United States Trade Representative,
determines that a foreign country which is party to an
agreement described in paragraph (2) has violated the terms
of the agreement by discriminating against certain types of
products produced in the United States that are covered by
the agreement, the Secretary of Defense shall rescind the
Secretary's blanket waiver of the Buy American Act with
respect to such types of products produced in that foreign
country.
(2) An agreement referred to in paragraph (1) is any
reciprocal defense procurement memorandum of understanding,
between the United States and a foreign country pursuant to
which the Secretary of Defense has prospectively waived the
Buy American Act for certain products in that country.
(b) The Secretary of Defense shall submit to the Congress a
report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2009. Such report shall
separately indicate the dollar value of items for which the
Buy American Act was waived pursuant to any agreement
described in subsection (a)(2), the Trade Agreement Act of
1979 (19 U.S.C. 2501 et seq.), or any international agreement
to which the United States is a party.
(c) For purposes of this section, the term ``Buy American
Act'' means title III of the Act entitled ``An Act making
appropriations for the Treasury and Post Office Departments
for the fiscal year ending June 30, 1934, and for other
purposes'', approved March 3, 1933 (41 U.S.C. 10a et seq.).
Sec. 8031. During the current fiscal year, amounts
contained in the Department of Defense Overseas Military
Facility Investment Recovery Account established by section
2921(c)(1) of the National Defense Authorization Act of 1991
(Public Law 101-510; 10 U.S.C. 2687 note) shall be available
until expended for the payments specified by section
2921(c)(2) of that Act.
Sec. 8032. (a) Notwithstanding any other provision of law,
the Secretary of the Air Force may convey at no cost to the
Air Force, without consideration, to Indian
[[Page 20986]]
tribes located in the States of North Dakota, South Dakota,
Montana, and Minnesota relocatable military housing units
located at Grand Forks Air Force Base and Minot Air Force
Base that are excess to the needs of the Air Force.
(b) The Secretary of the Air Force shall convey, at no cost
to the Air Force, military housing units under subsection (a)
in accordance with the request for such units that are
submitted to the Secretary by the Operation Walking Shield
Program on behalf of Indian tribes located in the States of
North Dakota, South Dakota, Montana, and Minnesota.
(c) The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian tribes for housing units
under subsection (a) before submitting requests to the
Secretary of the Air Force under subsection (b).
(d) In this section, the term ``Indian tribe'' means any
recognized Indian tribe included on the current list
published by the Secretary of the Interior under section 104
of the Federally Recognized Indian Tribe Act of 1994 (Public
Law 103-454; 108 Stat. 4792; 25 U.S.C. 479a-1).
Sec. 8033. During the current fiscal year, appropriations
which are available to the Department of Defense for
operation and maintenance may be used to purchase items
having an investment item unit cost of not more than
$250,000.
Sec. 8034. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of
Defense Working Capital Funds shall be used for the purchase
of an investment item for the purpose of acquiring a new
inventory item for sale or anticipated sale during the
current fiscal year or a subsequent fiscal year to customers
of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of
Defense Business Operations Fund during fiscal year 1994 and
if the purchase of such an investment item would be
chargeable during the current fiscal year to appropriations
made to the Department of Defense for procurement.
(b) The fiscal year 2010 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2010 Department of
Defense budget shall be prepared and submitted to the
Congress on the basis that any equipment which was classified
as an end item and funded in a procurement appropriation
contained in this Act shall be budgeted for in a proposed
fiscal year 2010 procurement appropriation and not in the
supply management business area or any other area or category
of the Department of Defense Working Capital Funds.
Sec. 8035. None of the funds appropriated by this Act for
programs of the Central Intelligence Agency shall remain
available for obligation beyond the current fiscal year,
except for funds appropriated for the Reserve for
Contingencies, which shall remain available until September
30, 2010: Provided, That funds appropriated, transferred, or
otherwise credited to the Central Intelligence Agency Central
Services Working Capital Fund during this or any prior or
subsequent fiscal year shall remain available until expended:
Provided further, That any funds appropriated or transferred
to the Central Intelligence Agency for advanced research and
development acquisition, for agent operations, and for covert
action programs authorized by the President under section 503
of the National Security Act of 1947, as amended, shall
remain available until September 30, 2010.
Sec. 8036. Notwithstanding any other provision of law,
funds made available in this Act for the Defense Intelligence
Agency may be used for the design, development, and
deployment of General Defense Intelligence Program
intelligence communications and intelligence information
systems for the Services, the Unified and Specified Commands,
and the component commands.
Sec. 8037. Of the funds appropriated to the Department of
Defense under the heading ``Operation and Maintenance,
Defense-Wide'', not less than $12,000,000 shall be made
available only for the mitigation of environmental impacts,
including training and technical assistance to tribes,
related administrative support, the gathering of information,
documenting of environmental damage, and developing a system
for prioritization of mitigation and cost to complete
estimates for mitigation, on Indian lands resulting from
Department of Defense activities.
Sec. 8038. (a) None of the funds appropriated in this Act
may be expended by an entity of the Department of Defense
unless the entity, in expending the funds, complies with the
Buy American Act. For purposes of this subsection, the term
``Buy American Act'' means title III of the Act entitled ``An
Act making appropriations for the Treasury and Post Office
Departments for the fiscal year ending June 30, 1934, and for
other purposes'', approved March 3, 1933 (41 U.S.C. 10a et
seq.).
(b) If the Secretary of Defense determines that a person
has been convicted of intentionally affixing a label bearing
a ``Made in America'' inscription to any product sold in or
shipped to the United States that is not made in America, the
Secretary shall determine, in accordance with section 2410f
of title 10, United States Code, whether the person should be
debarred from contracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of
the Congress that any entity of the Department of Defense, in
expending the appropriation, purchase only American-made
equipment and products, provided that American-made equipment
and products are cost-competitive, quality-competitive, and
available in a timely fashion.
Sec. 8039. None of the funds appropriated by this Act shall
be available for a contract for studies, analysis, or
consulting services entered into without competition on the
basis of an unsolicited proposal unless the head of the
activity responsible for the procurement determines--
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work;
(2) the purpose of the contract is to explore an
unsolicited proposal which offers significant scientific or
technological promise, represents the product of original
thinking, and was submitted in confidence by one source; or
(3) the purpose of the contract is to take advantage of
unique and significant industrial accomplishment by a
specific concern, or to insure that a new product or idea of
a specific concern is given financial support: Provided, That
this limitation shall not apply to contracts in an amount of
less than $25,000, contracts related to improvements of
equipment that is in development or production, or contracts
as to which a civilian official of the Department of Defense,
who has been confirmed by the Senate, determines that the
award of such contract is in the interest of the national
defense.
Sec. 8040. (a) Except as provided in subsections (b) and
(c), none of the funds made available by this Act may be
used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee's place of duty remains at the location of that
headquarters.
(b) The Secretary of Defense or Secretary of a military
department may waive the limitations in subsection (a), on a
case-by-case basis, if the Secretary determines, and
certifies to the Committees on Appropriations of the House of
Representatives and Senate that the granting of the waiver
will reduce the personnel requirements or the financial
requirements of the department.
(c) This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program; or
(2) an Army field operating agency established to
eliminate, mitigate, or counter the effects of improvised
explosive devices, and, as determined by the Secretary of the
Army, other similar threats.
Sec. 8041. The Secretary of Defense, notwithstanding any
other provision of law, acting through the Office of Economic
Adjustment of the Department of Defense, may use funds made
available in this Act under the heading ``Operation and
Maintenance, Defense-Wide'' to make grants and supplement
other Federal funds in accordance with the guidance provided
in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
(rescissions)
Sec. 8042. Of the funds appropriated in Department of
Defense Appropriations Acts, the following funds are hereby
rescinded from the following accounts and programs in the
specified amounts:
``Aircraft Procurement, Army'', 2008/2010, $174,600,000;
``Procurement of Ammunition, Army'', 2008/2010,
$69,200,000;
``Shipbuilding and Conversion, Navy'', 2008/2012,
$337,000,000;
``Research, Development, Test and Evaluation, Army'', 2008/
2009, $49,800,000;
``Research, Development, Test and Evaluation, Air Force'',
2008/2009, $300,073,000;
``Research, Development, Test and Evaluation, Defense-
Wide'', 2008/2009, $150,000,000; and
``Tanker Replacement Transfer Fund'', $239,800,000.
Sec. 8043. None of the funds available in this Act may be
used to reduce the authorized positions for military
(civilian) technicians of the Army National Guard, Air
National Guard, Army Reserve and Air Force Reserve for the
purpose of applying any administratively imposed civilian
personnel ceiling, freeze, or reduction on military
(civilian) technicians, unless such reductions are a direct
result of a reduction in military force structure.
Sec. 8044. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for
assistance to the Democratic People's Republic of Korea
unless specifically appropriated for that purpose.
Sec. 8045. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant Commands
and Defense Agencies shall be available for reimbursement of
pay, allowances and other expenses which would otherwise be
incurred against appropriations for the National
[[Page 20987]]
Guard and Reserve when members of the National Guard and
Reserve provide intelligence or counterintelligence support
to Combatant Commands, Defense Agencies and Joint
Intelligence Activities, including the activities and
programs included within the National Intelligence Program
and the Military Intelligence Program: Provided, That nothing
in this section authorizes deviation from established Reserve
and National Guard personnel and training procedures.
Sec. 8046. During the current fiscal year, none of the
funds appropriated in this Act may be used to reduce the
civilian medical and medical support personnel assigned to
military treatment facilities below the September 30, 2003,
level: Provided, That the Service Surgeons General may waive
this section by certifying to the congressional defense
committees that the beneficiary population is declining in
some catchment areas and civilian strength reductions may be
consistent with responsible resource stewardship and
capitation-based budgeting.
Sec. 8047. (a) None of the funds available to the
Department of Defense for any fiscal year for drug
interdiction or counter-drug activities may be transferred to
any other department or agency of the United States except as
specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence
Agency for any fiscal year for drug interdiction and counter-
drug activities may be transferred to any other department or
agency of the United States except as specifically provided
in an appropriations law.
Sec. 8048. None of the funds appropriated by this Act may
be used for the procurement of ball and roller bearings other
than those produced by a domestic source and of domestic
origin: Provided, That the Secretary of the military
department responsible for such procurement may waive this
restriction on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of
Representatives and the Senate, that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes: Provided further, That this restriction
shall not apply to the purchase of ``commercial items'', as
defined by section 4(12) of the Office of Federal Procurement
Policy Act, except that the restriction shall apply to ball
or roller bearings purchased as end items.
Sec. 8049. None of the funds in this Act may be used to
purchase any supercomputer which is not manufactured in the
United States, unless the Secretary of Defense certifies to
the congressional defense committees that such an acquisition
must be made in order to acquire capability for national
security purposes that is not available from United States
manufacturers.
Sec. 8050. None of the funds made available in this or any
other Act may be used to pay the salary of any officer or
employee of the Department of Defense who approves or
implements the transfer of administrative responsibilities or
budgetary resources of any program, project, or activity
financed by this Act to the jurisdiction of another Federal
agency not financed by this Act without the express
authorization of Congress: Provided, That this limitation
shall not apply to transfers of funds expressly provided for
in Defense Appropriations Acts, or provisions of Acts
providing supplemental appropriations for the Department of
Defense.
Sec. 8051. (a) Notwithstanding any other provision of law,
none of the funds available to the Department of Defense for
the current fiscal year may be obligated or expended to
transfer to another nation or an international organization
any defense articles or services (other than intelligence
services) for use in the activities described in subsection
(b) unless the congressional defense committees, the
Committee on International Relations of the House of
Representatives, and the Committee on Foreign Relations of
the Senate are notified 15 days in advance of such transfer.
(b) This section applies to--
(1) any international peacekeeping or peace-enforcement
operation under the authority of chapter VI or chapter VII of
the United Nations Charter under the authority of a United
Nations Security Council resolution; and
(2) any other international peacekeeping, peace-
enforcement, or humanitarian assistance operation.
(c) A notice under subsection (a) shall include the
following--
(1) A description of the equipment, supplies, or services
to be transferred.
(2) A statement of the value of the equipment, supplies, or
services to be transferred.
(3) In the case of a proposed transfer of equipment or
supplies--
(A) a statement of whether the inventory requirements of
all elements of the Armed Forces (including the reserve
components) for the type of equipment or supplies to be
transferred have been met; and
(B) a statement of whether the items proposed to be
transferred will have to be replaced and, if so, how the
President proposes to provide funds for such replacement.
Sec. 8052. None of the funds available to the Department of
Defense under this Act shall be obligated or expended to pay
a contractor under a contract with the Department of Defense
for costs of any amount paid by the contractor to an employee
when--
(1) such costs are for a bonus or otherwise in excess of
the normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated
with a business combination.
(including transfer of funds)
Sec. 8053. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the
heading ``Operation and Maintenance, Defense-Wide'' may be
transferred to appropriations available for the pay of
military personnel, to be merged with, and to be available
for the same time period as the appropriations to which
transferred, to be used in support of such personnel in
connection with support and services for eligible
organizations and activities outside the Department of
Defense pursuant to section 2012 of title 10, United States
Code.
Sec. 8054. During the current fiscal year, in the case of
an appropriation account of the Department of Defense for
which the period of availability for obligation has expired
or which has closed under the provisions of section 1552 of
title 31, United States Code, and which has a negative
unliquidated or unexpended balance, an obligation or an
adjustment of an obligation may be charged to any current
appropriation account for the same purpose as the expired or
closed account if--
(1) the obligation would have been properly chargeable
(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that
account;
(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of
Defense; and
(3) in the case of an expired account, the obligation is
not chargeable to a current appropriation of the Department
of Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991,
Public Law 101-510, as amended (31 U.S.C. 1551 note):
Provided, That in the case of an expired account, if
subsequent review or investigation discloses that there was
not in fact a negative unliquidated or unexpended balance in
the account, any charge to a current account under the
authority of this section shall be reversed and recorded
against the expired account: Provided further, That the total
amount charged to a current appropriation under this section
may not exceed an amount equal to 1 percent of the total
appropriation for that account.
Sec. 8055. (a) Notwithstanding any other provision of law,
the Chief of the National Guard Bureau may permit the use of
equipment of the National Guard Distance Learning Project by
any person or entity on a space-available, reimbursable
basis. The Chief of the National Guard Bureau shall establish
the amount of reimbursement for such use on a case-by-case
basis.
(b) Amounts collected under subsection (a) shall be
credited to funds available for the National Guard Distance
Learning Project and be available to defray the costs
associated with the use of equipment of the project under
that subsection. Such funds shall be available for such
purposes without fiscal year limitation.
Sec. 8056. Using funds available by this Act or any other
Act, the Secretary of the Air Force, pursuant to a
determination under section 2690 of title 10, United States
Code, may implement cost-effective agreements for required
heating facility modernization in the Kaiserslautern Military
Community in the Federal Republic of Germany: Provided, That
in the City of Kaiserslautern such agreements will include
the use of United States anthracite as the base load energy
for municipal district heat to the United States Defense
installations: Provided further, That at Landstuhl Army
Regional Medical Center and Ramstein Air Base, furnished heat
may be obtained from private, regional or municipal services,
if provisions are included for the consideration of United
States coal as an energy source.
Sec. 8057. None of the funds appropriated in title IV of
this Act may be used to procure end-items for delivery to
military forces for operational training, operational use or
inventory requirements: Provided, That this restriction does
not apply to end-items used in development, prototyping, and
test activities preceding and leading to acceptance for
operational use: Provided further, That this restriction does
not apply to programs funded within the National Intelligence
Program: Provided further, That the Secretary of Defense may
waive this restriction on a case-by-case basis by certifying
in writing to the Committees on Appropriations of the House
of Representatives and the Senate that it is in the national
security interest to do so.
Sec. 8058. Notwithstanding any other provision of law,
funds available to the Department of Defense in this Act, and
hereafter, shall be made available to provide transportation
of medical supplies and equipment, on a nonreimbursable
basis, to American Samoa, and funds available to the
Department of Defense shall be made available to provide
transportation of medical supplies and equipment, on a
nonreimbursable basis,
[[Page 20988]]
to the Indian Health Service when it is in conjunction with a
civil-military project.
Sec. 8059. None of the funds made available in this Act may
be used to approve or license the sale of the F-22A advanced
tactical fighter to any foreign government.
Sec. 8060. (a) The Secretary of Defense may, on a case-by-
case basis, waive with respect to a foreign country each
limitation on the procurement of defense items from foreign
sources provided in law if the Secretary determines that the
application of the limitation with respect to that country
would invalidate cooperative programs entered into between
the Department of Defense and the foreign country, or would
invalidate reciprocal trade agreements for the procurement of
defense items entered into under section 2531 of title 10,
United States Code, and the country does not discriminate
against the same or similar defense items produced in the
United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason
other than the application of a waiver granted under
subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings,
food, and clothing or textile materials as defined by section
11 (chapters 50-65) of the Harmonized Tariff Schedule and
products classified under headings 4010, 4202, 4203, 6401
through 6406, 6505, 7019, 7218 through 7229, 7304.41 through
7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 8211,
8215, and 9404.
Sec. 8061. (a) None of the funds made available by this Act
may be used to support any training program involving a unit
of the security forces of a foreign country if the Secretary
of Defense has received credible information from the
Department of State that the unit has committed a gross
violation of human rights, unless all necessary corrective
steps have been taken.
(b) The Secretary of Defense, in consultation with the
Secretary of State, shall ensure that prior to a decision to
conduct any training program referred to in subsection (a),
full consideration is given to all credible information
available to the Department of State relating to human rights
violations by foreign security forces.
(c) The Secretary of Defense, after consultation with the
Secretary of State, may waive the prohibition in subsection
(a) if he determines that such waiver is required by
extraordinary circumstances.
(d) Not more than 15 days after the exercise of any waiver
under subsection (c), the Secretary of Defense shall submit a
report to the congressional defense committees describing the
extraordinary circumstances, the purpose and duration of the
training program, the United States forces and the foreign
security forces involved in the training program, and the
information relating to human rights violations that
necessitates the waiver.
Sec. 8062. None of the funds appropriated or made available
in this Act to the Department of the Navy shall be used to
develop, lease or procure the T-AKE class of ships unless the
main propulsion diesel engines and propulsors are
manufactured in the United States by a domestically operated
entity: Provided, That the Secretary of Defense may waive
this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes or there exists a significant cost or
quality difference.
Sec. 8063. None of the funds appropriated or otherwise made
available by this or other Department of Defense
Appropriations Acts may be obligated or expended for the
purpose of performing repairs or maintenance to military
family housing units of the Department of Defense, including
areas in such military family housing units that may be used
for the purpose of conducting official Department of Defense
business.
Sec. 8064. Notwithstanding any other provision of law,
funds appropriated in this Act under the heading ``Research,
Development, Test and Evaluation, Defense-Wide'' for any new
start advanced concept technology demonstration project or
joint capability demonstration project may only be obligated
30 days after a report, including a description of the
project, the planned acquisition and transition strategy and
its estimated annual and total cost, has been provided in
writing to the congressional defense committees: Provided,
That the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying to the congressional defense
committees that it is in the national interest to do so.
Sec. 8065. The Secretary of Defense shall provide a
classified quarterly report beginning 30 days after enactment
of this Act, to the House and Senate Appropriations
Committees, Subcommittees on Defense on certain matters as
directed in the classified annex accompanying this Act.
Sec. 8066. During the current fiscal year, none of the
funds available to the Department of Defense may be used to
provide support to another department or agency of the United
States if such department or agency is more than 90 days in
arrears in making payment to the Department of Defense for
goods or services previously provided to such department or
agency on a reimbursable basis: Provided, That this
restriction shall not apply if the department is authorized
by law to provide support to such department or agency on a
nonreimbursable basis, and is providing the requested support
pursuant to such authority: Provided further, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senate
that it is in the national security interest to do so.
Sec. 8067. Notwithstanding section 12310(b) of title 10,
United States Code, a Reserve who is a member of the National
Guard serving on full-time National Guard duty under section
502(f) of title 32, United States Code, may perform duties in
support of the ground-based elements of the National
Ballistic Missile Defense System.
Sec. 8068. None of the funds provided in this Act may be
used to transfer to any nongovernmental entity ammunition
held by the Department of Defense that has a center-fire
cartridge and a United States military nomenclature
designation of ``armor penetrator'', ``armor piercing (AP)'',
``armor piercing incendiary (API)'', or ``armor-piercing
incendiary-tracer (API-T)'', except to an entity performing
demilitarization services for the Department of Defense under
a contract that requires the entity to demonstrate to the
satisfaction of the Department of Defense that armor piercing
projectiles are either: (1) rendered incapable of reuse by
the demilitarization process; or (2) used to manufacture
ammunition pursuant to a contract with the Department of
Defense or the manufacture of ammunition for export pursuant
to a License for Permanent Export of Unclassified Military
Articles issued by the Department of State.
Sec. 8069. Notwithstanding any other provision of law, the
Chief of the National Guard Bureau, or his designee, may
waive payment of all or part of the consideration that
otherwise would be required under section 2667 of title 10,
United States Code, in the case of a lease of personal
property for a period not in excess of 1 year to any
organization specified in section 508(d) of title 32, United
States Code, or any other youth, social, or fraternal
nonprofit organization as may be approved by the Chief of the
National Guard Bureau, or his designee, on a case-by-case
basis.
Sec. 8070. None of the funds appropriated by this Act shall
be used for the support of any nonappropriated funds activity
of the Department of Defense that procures malt beverages and
wine with nonappropriated funds for resale (including such
alcoholic beverages sold by the drink) on a military
installation located in the United States unless such malt
beverages and wine are procured within that State, or in the
case of the District of Columbia, within the District of
Columbia, in which the military installation is located:
Provided, That in a case in which the military installation
is located in more than one State, purchases may be made in
any State in which the installation is located: Provided
further, That such local procurement requirements for malt
beverages and wine shall apply to all alcoholic beverages
only for military installations in States which are not
contiguous with another State: Provided further, That
alcoholic beverages other than wine and malt beverages, in
contiguous States and the District of Columbia shall be
procured from the most competitive source, price and other
factors considered.
Sec. 8071. Funds available to the Department of Defense for
the Global Positioning System during the current fiscal year
may be used to fund civil requirements associated with the
satellite and ground control segments of such system's
modernization program.
(including transfer of funds)
Sec. 8072. Of the amounts appropriated in this Act under
the heading ``Operation and Maintenance, Army'', $47,700,000
shall remain available until expended: Provided, That
notwithstanding any other provision of law, the Secretary of
Defense is authorized to transfer such funds to other
activities of the Federal Government: Provided further, That
the Secretary of Defense is authorized to enter into and
carry out contracts for the acquisition of real property,
construction, personal services, and operations related to
projects carrying out the purposes of this section: Provided
further, That contracts entered into under the authority of
this section may provide for such indemnification as the
Secretary determines to be necessary: Provided further, That
projects authorized by this section shall comply with
applicable Federal, State, and local law to the maximum
extent consistent with the national security, as determined
by the Secretary of Defense.
Sec. 8073. Section 8106 of the Department of Defense
Appropriations Act, 1997 (titles I through VIII of the matter
under subsection
[[Page 20989]]
101(b) of Public Law 104-208; 110 Stat. 3009-111; 10 U.S.C.
113 note) shall continue in effect to apply to disbursements
that are made by the Department of Defense in fiscal year
2009.
Sec. 8074. In addition to amounts provided elsewhere in
this Act, $8,000,000 is hereby appropriated to the Department
of Defense, to remain available for obligation until
expended: Provided, That notwithstanding any other provision
of law, these funds shall be available only for a grant to
the Fisher House Foundation, Inc., only for the construction
and furnishing of additional Fisher Houses to meet the needs
of military family members when confronted with the illness
or hospitalization of an eligible military beneficiary.
Sec. 8075. (a) During the current fiscal year and
hereafter, the Secretary of Defense, in coordination with the
Secretary of Health and Human Services, may carry out a
program to distribute surplus dental and medical equipment of
the Department of Defense, at no cost to the Department of
Defense, to Indian Health Service facilities and to
federally-qualified health centers (within the meaning of
section 1905(l)(2)(B) of the Social Security Act (42 U.S.C.
1396d(l)(2)(B))).
(b) In carrying out this provision, the Secretary of
Defense shall give the Indian Health Service a property
disposal priority equal to the priority given to the
Department of Defense and its twelve special screening
programs in distribution of surplus dental and medical
supplies and equipment.
(including transfer of funds)
Sec. 8076. Of the amounts appropriated in this Act under
the heading ``Research, Development, Test and Evaluation,
Defense-Wide'', $177,237,000 shall be for the Israeli
Cooperative Programs: Provided, That of this amount,
$72,895,000 shall be for the Short Range Ballistic Missile
Defense (SRBMD) program, $30,000,000 shall be available for
an upper-tier component to the Israeli Missile Defense
Architecture, and $74,342,000 shall be for the Arrow Missile
Defense Program, of which $13,076,000 shall be for producing
Arrow missile components in the United States and Arrow
missile components in Israel to meet Israel's defense
requirements, consistent with each nation's laws, regulations
and procedures: Provided further, That funds made available
under this provision for production of missiles and missile
components may be transferred to appropriations available for
the procurement of weapons and equipment, to be merged with
and to be available for the same time period and the same
purposes as the appropriation to which transferred: Provided
further, That the transfer authority provided under this
provision is in addition to any other transfer authority
contained in this Act.
(including transfer of funds)
Sec. 8077. Of the amounts appropriated in this Act under
the heading ``Shipbuilding and Conversion, Navy'',
$165,152,000 shall be available until September 30, 2009, to
fund prior year shipbuilding cost increases: Provided, That
upon enactment of this Act, the Secretary of the Navy shall
transfer such funds to the following appropriations in the
amounts specified: Provided further, That the amounts
transferred shall be merged with and be available for the
same purposes as the appropriations to which transferred:
To:
Under the heading ``Shipbuilding and Conversion, Navy,
2001/2009'':
Carrier Replacement Program, $20,516,000;
Under the heading ``Shipbuilding and Conversion, Navy,
2002/2009'':
New SSN, $21,000,000;
Under the heading ``Shipbuilding and Conversion, Navy,
2003/2009'':
LPD-17 Amphibious Transport Dock Program, $33,082,000;
Under the heading ``Shipbuilding and Conversion, Navy,
2004/2009'':
New SSN, $60,000,000;
Under the heading ``Shipbuilding and Conversion, Navy,
2007/2011'':
LHA Replacement Program, $14,310,000; and
Under the heading ``Shipbuilding and Conversion, Navy,
2008/2012'':
SSBN Submarine Refuelings, $16,244,000.
Sec. 8078. None of the funds available to the Department of
Defense may be obligated to modify command and control
relationships to give Fleet Forces Command administrative and
operational control of U.S. Navy forces assigned to the
Pacific fleet: Provided, That the command and control
relationships which existed on October 1, 2004, shall remain
in force unless changes are specifically authorized in a
subsequent Act.
Sec. 8079. Notwithstanding any other provision of law or
regulation, the Secretary of Defense may exercise the
provisions of section 7403(g) of title 38, United States
Code, for occupations listed in section 7403(a)(2) of title
38, United States Code, as well as the following:
Pharmacists, Audiologists, Psychologists, Social Workers,
Othotists/Prosthetists, Occupational Therapists, Physical
Therapists, Rehabilitation Therapists, Respiratory
Therapists, Speech Pathologists, Dietitian/Nutritionists,
Industrial Hygienists, Psychology Technicians, Social Service
Assistants, Practical Nurses, Nursing Assistants, and Dental
Hygienists:
(A) The requirements of section 7403(g)(1)(A) of title 38,
United States Code, shall apply.
(B) The limitations of section 7403(g)(1)(B) of title 38,
United States Code, shall not apply.
Sec. 8080. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 414) during fiscal
year 2009 until the enactment of the Intelligence
Authorization Act for Fiscal Year 2009.
Sec. 8081. None of the funds provided in this Act shall be
available for obligation or expenditure through a
reprogramming of funds that creates or initiates a new
program, project, or activity unless such program, project,
or activity must be undertaken immediately in the interest of
national security and only after written prior notification
to the congressional defense committees.
Sec. 8082. (a) In addition to the amounts provided
elsewhere in this Act, $3,000,000 is hereby appropriated to
the Department of Defense for ``Operation and Maintenance,
Army National Guard''. Such amount shall be made available to
the Secretary of the Army only to make a grant in the amount
of $3,000,000 to the entity specified in subsection (b) to
facilitate access by veterans to opportunities for skilled
employment in the construction industry.
(b) The entity referred to in subsection (a) is the Center
for Military Recruitment, Assessment and Veterans Employment,
a nonprofit labor-management cooperation committee provided
for by section 302(c)(9) of the Labor-Management Relations
Act, 1947 (29 U.S.C. 186(c)(9)), for the purposes set forth
in section 6(b) of the Labor Management Cooperation Act of
1978 (29 U.S.C. 175a note).
Sec. 8083. In addition to funds made available elsewhere in
this Act, $5,500,000 is hereby appropriated and shall remain
available until expended to provide assistance, by grant or
otherwise (such as, but not limited to, the provision of
funds for repairs, maintenance, construction, and/or for the
purchase of information technology, text books, teaching
resources), to public schools that have unusually high
concentrations of special needs military dependents enrolled:
Provided, That in selecting school systems to receive such
assistance, special consideration shall be given to school
systems in States that are considered overseas assignments,
and all schools within these school systems shall be eligible
for assistance: Provided further, That up to 2 percent of the
total appropriated funds under this section shall be
available to support the administration and execution of the
funds or program and/or events that promote the purpose of
this appropriation (e.g. payment of travel and per diem of
school teachers attending conferences or a meeting that
promotes the purpose of this appropriation and/or consultant
fees for on-site training of teachers, staff, or Joint
Venture Education Forum (JVEF) Committee members): Provided
further, That up to $300,000 shall be available to examine
human capital, family and quality of life issues relating to
military presence in Hawaii: Provided further, That up to
$2,000,000 shall be available for the Department of Defense
to establish a nonprofit trust fund to assist in the public-
private funding of public school repair and maintenance
projects, or provide directly to nonprofit organizations who
in return will use these monies to provide assistance in the
form of repair, maintenance, or renovation to public school
systems that have high concentrations of special needs
military dependents and are located in States that are
considered overseas assignments: Provided further, That to
the extent a Federal agency provides this assistance, by
contract, grant, or otherwise, it may accept and expend non-
Federal funds in combination with these Federal funds to
provide assistance for the authorized purpose, if the non-
Federal entity requests such assistance and the non-Federal
funds are provided on a reimbursable basis.
Sec. 8084. In addition to the amounts appropriated or
otherwise made available elsewhere in this Act, $112,400,000
is hereby appropriated to the Department of Defense:
Provided, That the Secretary of Defense shall make grants in
the amounts specified as follows: $20,000,000 to the United
Service Organizations; $30,000,000 to the Red Cross;
$15,000,000 for the Waterbury Industrial Commons
Redevelopment Project; $4,750,000 for the SOAR Virtual School
District; $1,750,000 to The Presidio Trust; $5,000,000 to the
STEM Education Research Center; $10,000,000 to the Intrepid
Museum Foundation; $4,000,000 to the Go For Broke National
Education Center; $9,900,000 to the U.S.S. Missouri Memorial
Association; $4,000,000 to the Nimitz Center; $3,000,000 to
Special Olympics International; and $5,000,000 to the
Paralympics Military Program.
Sec. 8085. The Department of Defense and the Department of
the Army shall make future budgetary and programming plans to
fully finance the Non-Line of Sight Future Force cannon
(NLOS-C) and a compatible large caliber ammunition resupply
capability for this system supported by the Future Combat
Systems (FCS) Brigade Combat Team (BCT) in order to field
this system in
[[Page 20990]]
fiscal year 2010: Provided, That the Army shall develop the
NLOS-C independent of the broader FCS development timeline to
achieve fielding by fiscal year 2010. In addition, the Army
will deliver five pre-production NLOS-C systems by the end of
calendar year 2008 and three pre-production NLOS-C systems by
the end of calendar year 2009. These systems shall be in
addition to those systems necessary for developmental and
operational testing.
Sec. 8086. The budget of the President for fiscal year 2010
submitted to the Congress pursuant to section 1105 of title
31, United States Code, shall include separate budget
justification documents for costs of United States Armed
Forces' participation in contingency operations for the
Military Personnel accounts, the Operation and Maintenance
accounts, and the Procurement accounts: Provided, That these
documents shall include a description of the funding
requested for each contingency operation, for each military
service, to include all Active and Reserve components, and
for each appropriations account: Provided further, That these
documents shall include estimated costs for each element of
expense or object class, a reconciliation of increases and
decreases for each contingency operation, and programmatic
data including, but not limited to, troop strength for each
Active and Reserve component, and estimates of the major
weapons systems deployed in support of each contingency:
Provided further, That these documents shall include budget
exhibits OP-5 and OP-32 (as defined in the Department of
Defense Financial Management Regulation) for all contingency
operations for the budget year and the two preceding fiscal
years.
Sec. 8087. None of the funds in this Act may be used for
research, development, test, evaluation, procurement or
deployment of nuclear armed interceptors of a missile defense
system.
Sec. 8088. Up to $2,500,000 of the funds appropriated under
the heading ``Operation and Maintenance, Navy'' in this Act
for the Pacific Missile Range Facility may be made available
to contract for the repair, maintenance, and operation of
adjacent off-base water, drainage, and flood control systems,
electrical upgrade to support additional missions critical to
base operations, and support for a range footprint expansion
to further guard against encroachment.
Sec. 8089. None of the funds appropriated or made available
in this Act shall be used to reduce or disestablish the
operation of the 53rd Weather Reconnaissance Squadron of the
Air Force Reserve, if such action would reduce the WC-130
Weather Reconnaissance mission below the levels funded in
this Act: Provided, That the Air Force shall allow the 53rd
Weather Reconnaissance Squadron to perform other missions in
support of national defense requirements during the non-
hurricane season.
Sec. 8090. None of the funds provided in this Act shall be
available for integration of foreign intelligence information
unless the information has been lawfully collected and
processed during the conduct of authorized foreign
intelligence activities: Provided, That information
pertaining to United States persons shall only be handled in
accordance with protections provided in the Fourth Amendment
of the United States Constitution as implemented through
Executive Order No. 12333.
Sec. 8091. (a) At the time members of reserve components of
the Armed Forces are called or ordered to active duty under
section 12302(a) of title 10, United States Code, each member
shall be notified in writing of the expected period during
which the member will be mobilized.
(b) The Secretary of Defense may waive the requirements of
subsection (a) in any case in which the Secretary determines
that it is necessary to do so to respond to a national
security emergency or to meet dire operational requirements
of the Armed Forces.
(including transfer of funds)
Sec. 8092. The Secretary of Defense may transfer funds from
any available Department of the Navy appropriation to any
available Navy ship construction appropriation for the
purpose of liquidating necessary changes resulting from
inflation, market fluctuations, or rate adjustments for any
ship construction program appropriated in law: Provided, That
the Secretary may transfer not to exceed $100,000,000 under
the authority provided by this section: Provided further,
That the Secretary may not transfer any funds until 30 days
after the proposed transfer has been reported to the
Committees on Appropriations of the House of Representatives
and the Senate, unless a response from the Committees is
received sooner: Provided further, That the transfer
authority provided by this section is in addition to any
other transfer authority contained elsewhere in this Act.
Sec. 8093. For purposes of section 612 of title 41, United
States Code, any subdivision of appropriations made under the
heading ``Shipbuilding and Conversion, Navy'' that is not
closed at the time reimbursement is made shall be available
to reimburse the Judgment Fund and shall be considered for
the same purposes as any subdivision under the heading
``Shipbuilding and Conversion, Navy'' appropriations in the
current fiscal year or any prior fiscal year.
Sec. 8094. (a) None of the funds appropriated by this Act
may be used to transfer research and development,
acquisition, or other program authority relating to current
tactical unmanned aerial vehicles (TUAVs) from the Army.
(b) The Army shall retain responsibility for and
operational control of the MQ-1C Sky Warrior Unmanned Aerial
Vehicle (UAV) in order to support the Secretary of Defense in
matters relating to the employment of unmanned aerial
vehicles.
(c) None of the funds appropriated by this Act may be used
to institute an inter-Service common contract for acquisition
of MQ-1 or MQ-1C UAVs until 30 days after the Secretary of
Defense certifies to the congressional defense committees
that a common contract would achieve cost savings, be
interoperable with, and not create undue sustainment costs
compared to the current fleet.
Sec. 8095. None of the funds appropriated by this Act, and
hereafter, available for the Civilian Health and Medical
Program of the Uniformed Services (CHAMPUS) or TRICARE shall
be available for the reimbursement of any health care
provider for inpatient mental health service for care
received when a patient is referred to a provider of
inpatient mental health care or residential treatment care by
a medical or health care professional having an economic
interest in the facility to which the patient is referred:
Provided, That this limitation does not apply in the case of
inpatient mental health services provided under the program
for persons with disabilities under subsection (d) of section
1079 of title 10, United States Code, provided as partial
hospital care, or provided pursuant to a waiver authorized by
the Secretary of Defense because of medical or psychological
circumstances of the patient that are confirmed by a health
professional who is not a Federal employee after a review,
pursuant to rules prescribed by the Secretary, which takes
into account the appropriate level of care for the patient,
the intensity of services required by the patient, and the
availability of that care.
Sec. 8096. Of the funds provided in this Act, $10,000,000
shall be available for the operations and development of
training and technology for the Joint Interagency Training
and Education Center and the affiliated Center for National
Response at the Memorial Tunnel and for providing homeland
defense/security and traditional warfighting training to the
Department of Defense, other Federal agencies, and State and
local first responder personnel at the Joint Interagency
Training and Education Center.
Sec. 8097. Notwithstanding any other provision of law or
regulation, the Secretary of Defense may adjust wage rates
for civilian employees hired for certain health care
occupations as authorized for the Secretary of Veterans
Affairs by section 7455 of title 38, United States Code.
Sec. 8098. The authority to conduct a continuing
cooperative program in the proviso in title II of Public Law
102-368 under the heading ``Research, Development, Test and
Evaluation, Defense Agencies'' (106 Stat. 1121) shall be
extended through September 30, 2009 and hereafter, in
cooperation with NELHA.
Sec. 8099. Up to $15,000,000 of the funds appropriated
under the heading, ``Operation and Maintenance, Navy'' may be
made available for the Asia Pacific Regional Initiative
Program for the purpose of enabling the Pacific Command to
execute Theater Security Cooperation activities such as
humanitarian assistance, and payment of incremental and
personnel costs of training and exercising with foreign
security forces: Provided, That funds made available for this
purpose may be used, notwithstanding any other funding
authorities for humanitarian assistance, security assistance
or combined exercise expenses: Provided further, That funds
may not be obligated to provide assistance to any foreign
country that is otherwise prohibited from receiving such type
of assistance under any other provision of law.
Sec. 8100. None of the funds appropriated by this Act for
programs of the Office of the Director of National
Intelligence shall remain available for obligation beyond the
current fiscal year, except for funds appropriated for
research and technology, which shall remain available until
September 30, 2010.
Sec. 8101. Notwithstanding any other provision of this Act,
to reflect savings from revised economic assumptions, the
total amount appropriated in title II of this Act is hereby
reduced by $313,780,000, the total amount appropriated in
title III of this Act is hereby reduced by $298,000,000, and
the total amount appropriated in title IV of this Act is
hereby reduced by $218,000,000: Provided, That the Secretary
of Defense shall allocate this reduction proportionally to
each budget activity, activity group, subactivity group, and
each program, project, and activity, within each
appropriation account.
Sec. 8102. For purposes of section 1553(b) of title 31,
United States Code, any subdivision of appropriations made in
this Act under the heading ``Shipbuilding and Conversion,
Navy'' shall be considered to be for the same purpose as any
subdivision under the heading
[[Page 20991]]
``Shipbuilding and Conversion, Navy'' appropriations in any
prior fiscal year, and the 1 percent limitation shall apply
to the total amount of the appropriation.
Sec. 8103. Notwithstanding any other provision of law, that
not more than 35 percent of funds provided in this Act for
environmental remediation may be obligated under indefinite
delivery/indefinite quantity contracts with a total contract
value of $130,000,000 or higher.
Sec. 8104. The Secretary of Defense shall create a major
force program category for space for the Future Years Defense
Program of the Department of Defense. The Secretary of
Defense shall designate an official in the Office of the
Secretary of Defense to provide overall supervision of the
preparation and justification of program recommendations and
budget proposals to be included in such major force program
category.
Sec. 8105. During the current fiscal year and hereafter,
none of the funds appropriated or otherwise available to the
Department of Defense may be obligated or expended to provide
award fees to any defense contractor contrary to the
provisions of section 814 of the National Defense
Authorization Act, Fiscal Year 2007 (Public Law 109-364).
Sec. 8106. None of the funds appropriated or otherwise made
available by this or any other Act shall be obligated or
expended by the United States Government for a purpose as
follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq.
Sec. 8107. Beginning with the fiscal year 2010 budget
request, the Director of National Intelligence shall include
the budget exhibits identified in paragraphs (1) and (2) as
described in the Department of Defense Financial Management
Regulation with the congressional budget justification books.
(1) For procurement programs requesting more than
$20,000,000 in any fiscal year, the P-1, Procurement Program;
P-5, Cost Analysis; P-5a, Procurement History and Planning;
P-21, Production Schedule; and P-40 Budget Item
Justification.
(2) For research, development, test and evaluation projects
requesting more than $10,000,000 in any fiscal year, the R-1,
RDT&E Program; R-2, RDT&E Budget Item Justification; R-3,
RDT&E Project Cost Analysis; and R-4, RDT&E Program Schedule
Profile.
Sec. 8108. None of the funds made available in this Act may
be used in contravention of the following laws enacted or
regulations promulgated to implement the United Nations
Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (done at New York on
December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277;
112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations
prescribed thereto, including regulations under part 208 of
title 8, Code of Federal Regulations, and part 95 of title
22, Code of Federal Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes
in the Gulf of Mexico, and Pandemic Influenza Act, 2006
(Public Law 109-148).
Sec. 8109. Notwithstanding any other provision of law, none
of the funds made available in this Act may be used to pay
negotiated indirect cost rates on a contract, grant, or
cooperative agreement (or similar arrangement) entered into
by the Department of Defense and an entity in excess of 35
percent of the total cost of the contract, grant, or
agreement (or similar arrangement): Provided, That this
limitation shall apply only to contracts, grants, or
cooperative agreements entered into after the date of the
enactment of this Act using funds made available in this Act
for basic research.
Sec. 8110. The Secretary of Defense shall maintain on the
homepage of the Internet website of the Department of Defense
a direct link to the Internet website of the Office of
Inspector General of the Department of Defense.
Sec. 8111. (a) Not later than 60 days after enactment of
this Act, the Office of the Director of National Intelligence
shall submit a report to the congressional intelligence
committees to establish the baseline for application of
reprogramming and transfer authorities for fiscal year 2009:
Provided, That the report shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
(b) None of the funds provided for the National
Intelligence Program in this Act shall be available for
reprogramming or transfer until the report identified in
subsection (a) is submitted to the congressional intelligence
committees, unless the Director of National Intelligence
certifies in writing to the congressional intelligence
committees that such reprogramming or transfer is necessary
as an emergency requirement.
Sec. 8112. The Director of National Intelligence shall
submit to Congress each year, at or about the time that the
President's budget is submitted to Congress that year under
section 1105(a) of title 31, United States Code, a future-
years intelligence program (including associated annexes)
reflecting the estimated expenditures and proposed
appropriations included in that budget. Any such future-years
intelligence program shall cover the fiscal year with respect
to which the budget is submitted and at least the four
succeeding fiscal years.
Sec. 8113. For the purposes of this Act, the term
``congressional intelligence committees'' means the Permanent
Select Committee on Intelligence of the House of
Representatives, the Select Committee on Intelligence of the
Senate, the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives, and the
Subcommittee on Defense of the Committee on Appropriations of
the Senate.
Sec. 8114. The Department of Defense shall continue to
report incremental contingency operations costs for Operation
Iraqi Freedom and Operation Enduring Freedom on a monthly
basis in the Cost of War Execution Report as prescribed in
the Department of Defense Financial Management Regulation
Department of Defense Instruction 7000.14, Volume 12, Chapter
23 ``Contingency Operations'', Annex 1, dated September 2005.
Sec. 8115. Horsham Joint Interagency Installation.--
(a) Establishment of Installation.--The Horsham Joint
Interagency Installation located in Horsham Township,
Montgomery County, Pennsylvania is hereby established.
Pursuant to Section 3703 of the U.S. Troop Readiness,
Veterans' Care, Katrina Recovery, and Iraq Accountability
Appropriations Act (121 Stat. 145), at a time determined by
the Secretary of the Navy, or upon completion of the
associated Defense Base Closure and Realignment Commission
recommendations, the Secretary of the Navy shall,
notwithstanding any other provision of law, transfer to the
Secretary of the Air Force, at no cost, all designated lands,
easements, Air Installation Compatible Use Zones, and
facilities at NASJRB Willow Grove. The airfield at the
Horsham Joint Interagency Installation shall be known as
``Pitcairn-Willow Grove Field''.
(b) Transfer to Commonwealth of Pennsylvania.--
Notwithstanding any other provision of law, the Secretary of
the Air Force shall convey all of the Navy property
transferred to the Air Force, as well as excess Air Force
property at the Willow Grove Air Reserve Station, to the
Commonwealth of Pennsylvania, at no cost, for operation of
the Horsham Joint Interagency Installation so long as it is
used continuously as the Horsham Joint Interagency
Installation. In the event the property is no longer used for
the Horsham Joint Interagency Installation, it shall revert
to the Department of Defense. Installation property conveyed
to the Commonwealth of Pennsylvania may not be reconveyed,
but may be leased, subleased, or licensed by the
Commonwealth, for any agreed upon term, for use by the United
States, its agencies or instrumentalities, at terms agreeable
to the United States, or to State or local government
agencies, or other associated users.
(including transfer of funds)
Sec. 8116. (a) Stop-Loss Special Pay.--In addition to the
amounts appropriated or otherwise made available elsewhere in
this Act, $72,000,000 is hereby appropriated to the Secretary
of Defense to carry out this section. Such amount shall be
made available to the Secretaries of the military departments
only to provide special pay during fiscal year 2009 to
members of the Army, Navy, Air Force, and Marine Corps,
including members of their reserve components who at any time
during fiscal year 2009, serve on active duty while the
members' enlistment or period of obligated service is
extended, or whose eligibility for retirement is suspended,
pursuant to section 123 or 12305 of title 10, United States
Code, or any other provision of law (commonly referred to as
a ``stop-loss authority'') authorizing the President to
extend an enlistment or period of obligated service, or
suspend an eligibility for retirement, of a member of the
uniformed services in time of war or of national emergency
declared by Congress or the President.
(b) Special Pay Amount.--The amount of the special pay paid
under subsection (a) to or on behalf of an eligible member
may not exceed $500 per month for each month or portion of a
month during fiscal year 2009 that the member is retained on
active duty as a result of application of the stop-loss
authority.
(c) Implementation Plan.--Before obligating or expending
any of the funds made available under subsection (a), the
Secretary of Defense shall submit to the Committees on
Appropriations of the House of Representatives and the Senate
a report containing a plan for the provision of the special
pay authorized by this section.
Sec. 8117. Section 3287 of title 18, United States Code, is
amended--
[[Page 20992]]
(1) by inserting ``or Congress has enacted a specific
authorization for the use of the Armed Forces, as described
in section 5(b) of the War Powers Resolution (50 U.S.C.
1544(b)),'' after ``is at war'';
(2) by inserting ``or directly connected with or related to
the authorized use of the Armed Forces'' after ``prosecution
of the war'';
(3) by striking ``three years'' and inserting ``5 years'';
(4) by striking ``proclaimed by the President'' and
inserting ``proclaimed by a Presidential proclamation, with
notice to Congress,''; and
(5) by adding at the end the following: ``For purposes of
applying such definitions in this section, the term `war'
includes a specific authorization for the use of the Armed
Forces, as described in section 5(b) of the War Powers
Resolution (50 U.S.C. 1544(b)).''.
Sec. 8118. Incentives for Additional Downblending of Highly
Enriched Uranium by the Russian Federation. The USEC
Privatization Act (42 U.S.C. 2297h et seq.) is amended--
(1) in section 3102, by striking ``For purposes'' and
inserting ``Except as provided in section 3112A, for
purposes''; and
(2) by inserting after section 3112 the following:
``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, including natural uranium, 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) 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 the 4-year period beginning with calendar year
2008, 16,559 kilograms.
``(B) In calendar year 2012, 24,839 kilograms.
``(C) In calendar year 2013 and each calendar year
thereafter through the calendar year of the completion of the
Russian HEU Agreement, 41,398 kilograms.
``(2) Incentives to continue downblending russian highly
enriched uranium after the completion of the russian heu
agreement.--
``(A) In general.--After 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, whether or not such low-enriched
uranium is derived from highly enriched uranium of weapons
origin, may not exceed--
``(i) in calendar year 2014, 485,279 kilograms;
``(ii) in calendar year 2015, 455,142 kilograms;
``(iii) in calendar year 2016, 480,146 kilograms;
``(iv) in calendar year 2017, 490,710 kilograms;
``(v) in calendar year 2018, 492,731 kilograms;
``(vi) in calendar year 2019, 509,058 kilograms; and
``(vii) in calendar year 2020, 514,754 kilograms.
``(B) Additional imports in exchange for a commitment to
downblend an additional 300 metric tons of highly enriched
uranium.--
``(i) In general.--In addition to the amount authorized to
be imported under subparagraph (A) and except as provided in
clause (ii), if the Russian Federation enters into a
bilateral agreement with the United States under which the
Russian Federation agrees to downblend an additional 300
metric tons of highly enriched uranium after the completion
of the Russian HEU Agreement, 4 kilograms of low-enriched
uranium, whether or not such low-enriched uranium is derived
from highly enriched uranium of weapons origin and including
low-enriched uranium obtained under contracts for separative
work units, may be imported in a calendar year for every 1
kilogram 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 120,000
kilograms of low-enriched uranium may be imported in a
calendar year under clause (i).
``(3) Exceptions.--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--
``(A) for use in the initial core of a new nuclear reactor;
``(B) for processing and to be certified for reexportation
and not for consumption in the United States; or
``(C) to be added to the inventory of the Department of
Energy.
``(4) Limited waiver authority.--
``(A) In general.--Notwithstanding paragraph (1)(C), if the
completion of the Russian HEU Agreement does not occur before
December 31, 2013, the import limitations under paragraph
(1)(C) shall be waived, and low-enriched uranium may be
imported into the United States in the quantities specified
in paragraph (2) in a calendar year after 2013, if--
``(i) the Secretary of Energy and the Secretary of State
jointly determine that--
``(I) the failure of the completion of the Russian HEU
Agreement arises from causes beyond the control and without
the fault or negligence of the Government of the Russian
Federation; and
``(II) the Government of the Russian Federation has made
reasonable efforts to avoid and mitigate the effects of the
failure of the completion of the Russian HEU Agreement; and
``(ii) the Secretary of Energy and the Secretary of State
jointly notify Congress of, and publish in the Federal
Register, the determination under clause (i) and the reasons
for the determination.
``(B) Notice and wait.--A waiver under subparagraph (A) may
not take effect until the date that is 180 days after the
date on which Secretary of Energy and the Secretary of State
notify Congress under subparagraph (A)(ii).
``(C) Termination.--A waiver under subparagraph (A) shall
terminate on December 31 of the calendar year with respect to
which the Secretary makes the determination under
subparagraph (A)(i).
``(5) Adjustments to import limitations.--
``(A) In general.--The import limitations described in
paragraph (2)(A) are based on the reference data in the 2005
Market Report on the Global Nuclear Fuel Market Supply and
Demand 2005-2030 of the World Nuclear Association. In each of
calendar years 2016 and 2019, the Secretary of Commerce shall
review the projected demand for uranium for nuclear reactors
in the United States and adjust the import limitations
described in paragraph (2)(A) to account for changes in such
demand in years after the year in which that report or a
subsequent report is published.
``(B) Incentive adjustment.--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)(B)
(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.
``(C) 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 adjustments under
subparagraph (B).
[[Page 20993]]
``(6) Authority for additional adjustment.--In addition to
the adjustment under paragraph (5)(A), 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
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.
``(7) 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), including low-
enriched uranium obtained under contracts for separative work
units, 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.
``(8) 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), 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), 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).
``(9) Termination of import restrictions.--The provisions
of this subsection shall terminate on December 31, 2020.
``(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) and (8).
``(B) Methods of verification.--In conducting the
verification required under subparagraph (A), the Secretary
of Energy shall employ the transparency measures and access
provisions agreed to under 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.
``(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, including low-enriched uranium
obtained under contracts for separative work units, 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.''.
Sec. 8119. The amounts appropriated in title II of this Act
are hereby reduced by $859,000,000 to reflect excess cash
balances in Department of Defense Working Capital Funds, as
follows:
(1) From ``Operation and Maintenance, Army'', $823,000,000;
and
(2) From ``Operation and Maintenance, Air Force'',
$36,000,000.
This division may be cited as the ``Department of Defense
Appropriations Act, 2009''.
DIVISION D--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2009
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Department
of Homeland Security for the fiscal year ending September 30,
2009, and for other purposes, namely:
TITLE I
DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management
For necessary expenses of the Office of the Secretary of
Homeland Security, as authorized by section 102 of the
Homeland Security Act of 2002 (6 U.S.C. 112), and executive
management of the Department of Homeland Security, as
authorized by law, $123,456,000: Provided, That not to exceed
$60,000 shall be for official reception and representation
expenses, of which $20,000 shall be made available to the
Office of Policy solely to host Visa Waiver Program
negotiations in Washington, DC: Provided further, That within
15 days after the end of each quarter of the fiscal year, the
Secretary shall submit to the Committees on Appropriations of
the Senate and House of Representatives and to the Government
Accountability Office a report of each instance where a
request by the Government Accountability Office for access to
Department of Homeland Security records was not granted
within 20 calendar days and Government Accountability Office
requests for interviews with Department of Homeland Security
employees were not granted within seven calendar days:
Provided further, That $15,000,000 shall not be available for
obligation until the second quarterly report detailed in the
previous proviso is submitted to the Committees on
Appropriations of the Senate and House of Representatives:
Provided further, That $10,000,000 shall not be available for
obligation until the Secretary of Homeland Security, in
coordination with the Administrator of the Federal Emergency
Management Agency, certifies to the Committees on
Appropriations of the Senate and the House of Representatives
that processes to incorporate stakeholder input for grant
guidance development and award distribution have been: (1)
developed to ensure transparency and increased consultation
about security needs for all-hazards; (2) formalized and made
clear to stakeholders; and (3) formalized to ensure future
use for each fiscal year.
Office of the Under Secretary for Management
For necessary expenses of the Office of the Under Secretary
for Management, as authorized by sections 701 through 705 of
the Homeland Security Act of 2002 (6 U.S.C. 341 through 345),
$191,793,000, of which not to exceed $3,000 shall be for
official reception and representation expenses: Provided,
That of the total amount, $6,000,000 shall remain available
until expended solely for the alteration and improvement of
facilities, tenant improvements, and relocation costs to
consolidate Department headquarters operations at the
Nebraska Avenue Complex; and $17,131,000 shall remain
available until expended for the Human Resources Information
Technology program.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, as authorized by section 103 of the Homeland
Security Act of 2002 (6 U.S.C. 113), $55,235,000, of which
$11,000,000 shall remain available until expended for
financial systems consolidation efforts.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief
Information Officer, as authorized by section 103 of the
Homeland Security Act of 2002 (6 U.S.C. 113), and Department-
wide technology investments, $272,169,000; of which
$86,928,000 shall be available for salaries and expenses; and
of which $185,241,000, to remain available until expended,
shall be available for development and acquisition of
information technology equipment, software, services, and
related activities for the Department of Homeland Security,
of which not less than $23,830,000 shall be available for
data center development and an additional $22,300,000 shall
be available to support costs of transition to the National
Center for Critical Information Processing and Storage:
Provided, That $100,000,000 of the total amount appropriated
under this heading shall not be available for obligation
until the Committees on Appropriations of the Senate and the
House of Representatives receive the report on data center
transition: Provided further, That none of the funds
appropriated shall be used to support or supplement the
appropriations provided for the United States Visitor and
Immigrant Status Indicator Technology project or the
Automated Commercial Environment: Provided further, That the
Chief Information Officer shall submit to the Committees on
Appropriations of the Senate and the House of
Representatives, not more than 60 days after the date of
enactment of this Act, an expenditure plan for all
information technology acquisition projects that: (1) are
funded under this heading; or (2) are funded by multiple
components of the Department of Homeland Security through
reimbursable agreements: Provided further, That such
expenditure plan shall include each specific project funded,
key milestones, all funding sources for each project, details
of annual and lifecycle costs, and projected cost savings or
cost avoidance to be achieved by the project.
Analysis and Operations
For necessary expenses for information analysis and
operations coordination activities, as authorized by title II
of the Homeland Security Act of 2002 (6 U.S.C. 121 et
[[Page 20994]]
seq.), $327,373,000, of which not to exceed $5,000 shall be
for official reception and representation expenses; and of
which $215,745,000 shall remain available until September 30,
2010.
Office of the Federal Coordinator for Gulf Coast Rebuilding
For necessary expenses of the Office of the Federal
Coordinator for Gulf Coast Rebuilding, $1,900,000.
Office of Inspector General
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978 (5 U.S.C. App.), $98,513,000, of which not to exceed
$150,000 may be used for certain confidential operational
expenses, including the payment of informants, to be expended
at the direction of the Inspector General.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
Salaries and Expenses
For necessary expenses for enforcement of laws relating to
border security, immigration, customs, agricultural
inspections and regulatory activities related to plant and
animal imports, and transportation of unaccompanied minor
aliens; purchase and lease of up to 6,300 (3,300 for
replacement only) police-type vehicles; and contracting with
individuals for personal services abroad; $7,603,206,000, of
which $3,154,000 shall be derived from the Harbor Maintenance
Trust Fund for administrative expenses related to the
collection of the Harbor Maintenance Fee pursuant to section
9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C.
9505(c)(3)) and notwithstanding section 1511(e)(1) of the
Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which
not to exceed $45,000 shall be for official reception and
representation expenses; of which not less than $271,679,000
shall be for Air and Marine Operations; of which $4,500,000
shall be for the 2010 Olympics Coordination Center, of which
not to exceed $2,000,000 shall be available until September
30, 2010; of which $2,000,000 shall be for Project SeaHawk;
of which such sums as become available in the Customs User
Fee Account, except sums subject to section 13031(f)(3) of
the Consolidated Omnibus Budget Reconciliation Act of 1985
(19 U.S.C. 58c(f)(3)), shall be derived from that account; of
which not to exceed $150,000 shall be available for payment
for rental space in connection with preclearance operations;
and of which not to exceed $1,000,000 shall be for awards of
compensation to informants, to be accounted for solely under
the certificate of the Secretary of Homeland Security:
Provided, That for fiscal year 2009, the overtime limitation
prescribed in section 5(c)(1) of the Act of February 13, 1911
(19 U.S.C. 267(c)(1)) shall be $35,000; and notwithstanding
any other provision of law, none of the funds appropriated by
this Act may be available to compensate any employee of U.S.
Customs and Border Protection for overtime, from whatever
source, in an amount that exceeds such limitation, except in
individual cases determined by the Secretary of Homeland
Security, or the designee of the Secretary, to be necessary
for national security purposes, to prevent excessive costs,
or in cases of immigration emergencies: Provided further,
That no funding available under this heading may be obligated
for the operation of the Analytical Framework for
Intelligence Officers until the Commissioner of U.S. Customs
and Border Protection certifies that this Framework complies
with all applicable laws, including section 552a of title 5,
United States Code, and other laws protecting privacy, and
such certification is reviewed by the Inspector General of
the Department of Homeland Security: Provided further, That
the Commissioner shall submit to the Committees on
Appropriations of the Senate and the House of Representatives
the results of operational field testing of cargo container
security devices in high risk trade lanes no later than 120
days after the date of enactment of this Act.
automation modernization
For expenses for U.S. Customs and Border Protection
automated systems, $511,334,000, to remain available until
expended, of which not less than $316,851,000 shall be for
the development of the Automated Commercial Environment:
Provided, That of the total amount made available under this
heading, $216,851,000 may not be obligated for the Automated
Commercial Environment program until 30 days after the
Committees on Appropriations of the Senate and the House of
Representatives receive a report on the results to date and
plans for the program from the Department of Homeland
Security.
border security fencing, infrastructure, and technology
For expenses for customs and border protection fencing,
infrastructure, and technology, $775,000,000, to remain
available until expended: Provided, That of the amount
provided under this heading, $400,000,000 shall not be
obligated until the Committees on Appropriations of the
Senate and the House of Representatives receive and approve a
plan for expenditure, prepared by the Secretary of Homeland
Security and submitted not later than 90 days after the date
of the enactment of this Act, for a program to establish and
maintain a security barrier along the borders of the United
States of fencing and vehicle barriers, where practicable,
and other forms of tactical infrastructure and technology,
that includes the following--
(1) a detailed accounting of the program's implementation
to date for all investments, including technology and
tactical infrastructure, for funding already expended
relative to system capabilities or services, system
performance levels, mission benefits and outcomes,
milestones, cost targets, program management capabilities,
identification of the maximum investment, including life
cycle costs, related to the Secure Border Initiative program
or any successor program, and description of the methodology
used to obtain these cost figures;
(2) a description of how specific projects will further the
objectives of the Secure Border Initiative, as defined in the
Department of Homeland Security Secure Border Plan, and how
the expenditure plan allocates funding to the highest
priority border security needs;
(3) an explicit plan of action defining how all funds are
to be obligated to meet future program commitments, with the
planned expenditure of funds linked to the milestone-based
delivery of specific capabilities, services, performance
levels, mission benefits and outcomes, and program management
capabilities;
(4) an identification of staffing, including full-time
equivalents, contractors, and detailees, by program office;
(5) a description of how the plan addresses security needs
at the Northern border and ports of entry, including
infrastructure, technology, design and operations
requirements, specific locations where funding would be used,
and priorities for Northern border activities;
(6) a report on budget, obligations and expenditures, the
activities completed, and the progress made by the program in
terms of obtaining operational control of the entire border
of the United States;
(7) a listing of all open Government Accountability Office
and the Office of Inspector General recommendations related
to the program and the status of Department of Homeland
Security actions to address the recommendations, including
milestones to fully address such recommendations;
(8) a certification by the Chief Procurement Officer of the
Department that the program: (a) has been reviewed and
approved in accordance with the investment management process
of the Department, and that the process fulfills all capital
planning and investment control requirements and reviews
established by the Office of Management and Budget, including
as provided in Circular A-11, part 7; (b) that the plans for
the program comply with the Federal acquisition rules,
requirements, guidelines, and practices, and a description of
the actions being taken to address areas of non-compliance,
the risks associated with such actions, together with any
plans for addressing these risks, and the status of the
implementation of such actions; (c) that procedures to
prevent conflicts of interest between the prime integrator
and major subcontractors are established and that the Secure
Border Initiative Program Office has adequate staff and
resources to effectively manage the Secure Border Initiative
program, all contracts, including the exercise of technical
oversight; and (d) the certifications required under this
paragraph should be accompanied by all documents or
memoranda, as well as documentation and a description of the
investment review processes used to obtain such
certifications;
(9) a certification by the Chief Information Officer of the
Department that: (a) the system architecture of the program
is sufficiently aligned with the information systems
enterprise architecture of the Department to minimize future
rework, including a description of all aspects of the
architectures that were or were not assessed in making the
alignment determination, the date of the alignment
determination, and any known areas of misalignment together
with the associated risks and corrective actions to address
any such areas; (b) the program has a risk management process
that regularly and proactively identifies, evaluates,
mitigates, and monitors risks throughout the system life
cycle and communicates high-risk conditions to U.S. Customs
and Border Protection and Department of Homeland Security
investment decision-makers, as well as a listing of all the
program's high risks and the status of efforts to address
such risks; (c) an independent verification and validation
agent is currently under contract for the projects funded
under this heading; and (d) the certification required under
this paragraph should be accompanied by all documents or
memoranda, as well as documentation and a description of the
investment review processes used to obtain such
certification;
(10) a certification by the Chief Human Capital Officer of
the Department that the human capital needs of the Secure
Border Initiative program are being addressed so as to ensure
adequate staff and resources to effectively manage the Secure
Border Initiative, together with a description of SBI
staffing priorities;
[[Page 20995]]
(11) an analysis by the Secretary for each segment, defined
as not more than 15 miles, of fencing or tactical
infrastructure, of the selected approach compared to other,
alternative means of achieving operational control, and such
analysis should include cost, level of operational control,
possible unintended effects on communities, and other factors
critical to the decision making process; and
(12) is reviewed by the Government Accountability Office:
Provided further, That the Secretary shall report to the
Committees on Appropriations of the Senate and the House of
Representatives on program progress, and obligations and
expenditures for all outstanding task orders as well as
specific objectives to be achieved through the award of
current and remaining task orders planned for the balance of
available appropriations at least 15 days before the award of
any task order requiring an obligation of funds in an amount
greater than $25,000,000 and before the award of a task order
that would cause cumulative obligations of funds to exceed 50
percent of the total amount appropriated: Provided further,
That none of the funds provided under this heading may be
obligated unless the Department has complied with section
102(b)(1)(C)(i) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note),
and the Secretary certifies such to the Committees on
Appropriations of the Senate and the House of
Representatives: Provided further, That none of the funds
under this heading may be obligated for any project or
activity for which the Secretary has exercised waiver
authority pursuant to section 102(c) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1103 note) until 15 days have elapsed from the date
of the publication of the decision in the Federal Register:
Provided further, That notwithstanding the previous provisos,
$100,000,000 of the amount provided under this heading shall
be made available for obligation upon enactment of this Act
without restriction.
Air and Marine Interdiction, Operations, Maintenance, and Procurement
For necessary expenses for the operations, maintenance, and
procurement of marine vessels, aircraft, unmanned aircraft
systems, and other related equipment of the air and marine
program, including operational training and mission-related
travel, and rental payments for facilities occupied by the
air or marine interdiction and demand reduction programs, the
operations of which include the following: the interdiction
of narcotics and other goods; the provision of support to
Federal, State, and local agencies in the enforcement or
administration of laws enforced by the Department of Homeland
Security; and at the discretion of the Secretary, the
provision of assistance to Federal, State, and local agencies
in other law enforcement and emergency humanitarian efforts,
$528,000,000, to remain available until expended, of which
$5,000,000 shall be to address private aircraft enforcement
system noncompliance as specified in House Report 110-862:
Provided, That no aircraft or other related equipment, with
the exception of aircraft that are one of a kind and have
been identified as excess to U.S. Customs and Border
Protection requirements and aircraft that have been damaged
beyond repair, shall be transferred to any other Federal
agency, department, or office outside of the Department of
Homeland Security during fiscal year 2009 without the prior
approval of the Committees on Appropriations of the Senate
and the House of Representatives: Provided further, That of
the total amount made available under this heading,
$18,000,000 shall not be obligated until the Secretary
notifies the Committees on Appropriations of the Senate and
House of Representatives that the Department of Homeland
Security has implemented the concept of operations described
in section 544 of this Act.
Construction
For necessary expenses to plan, construct, renovate, equip,
and maintain buildings and facilities necessary for the
administration and enforcement of the laws relating to
customs and immigration, $403,201,000, to remain available
until expended, of which $39,700,000 shall be for the
Advanced Training Center: Provided, That for fiscal year 2010
and thereafter, the annual budget submission of U.S. Customs
and Border Protection for ``Construction'' shall, in
consultation with the General Services Administration,
include a detailed 5-year plan for all Federal land border
port of entry projects with a yearly update of total
projected future funding needs.
U.S. Immigration and Customs Enforcement
Salaries and Expenses
For necessary expenses for enforcement of immigration and
customs laws, detention and removals, and investigations; and
purchase and lease of up to 3,790 (2,350 for replacement
only) police-type vehicles; $4,927,210,000, of which not to
exceed $7,500,000 shall be available until expended for
conducting special operations under section 3131 of the
Customs Enforcement Act of 1986 (19 U.S.C. 2081); of which
not to exceed $15,000 shall be for official reception and
representation expenses; of which not to exceed $1,000,000
shall be for awards of compensation to informants, to be
accounted for solely under the certificate of the Secretary
of Homeland Security; of which not less than $305,000 shall
be for promotion of public awareness of the child pornography
tipline and anti-child exploitation activities; of which not
less than $5,400,000 shall be used to facilitate agreements
consistent with section 287(g) of the Immigration and
Nationality Act (8 U.S.C. 1357(g)); and of which not to
exceed $11,216,000 shall be available to fund or reimburse
other Federal agencies for the costs associated with the
care, maintenance, and repatriation of smuggled aliens
unlawfully present in the United States: Provided, That none
of the funds made available under this heading shall be
available to compensate any employee for overtime in an
annual amount in excess of $35,000, except that the
Secretary, or the designee of the Secretary, may waive that
amount as necessary for national security purposes and in
cases of immigration emergencies: Provided further, That of
the total amount provided, $15,770,000 shall be for
activities in fiscal year 2009 to enforce laws against forced
child labor, of which not to exceed $6,000,000 shall remain
available until expended: Provided further, That of the total
amount available, not less than $1,000,000,000, of which
$150,000,000 shall remain available until September 30, 2010,
shall be available to identify aliens convicted of a crime,
and who may be deportable, and to remove them from the United
States once they are judged deportable: Provided further,
That the Secretary, or the designee of the Secretary, shall
report to the Committees on Appropriations of the Senate and
the House of Representatives, at least quarterly, on progress
implementing the preceding proviso, and the funds obligated
during that quarter to make that progress: Provided further,
That the Secretary shall prioritize the identification and
removal of aliens convicted of a crime by the severity of
that crime: Provided further, That of the total amount
provided, not less than $2,481,213,000 is for detention and
removal operations, including transportation of unaccompanied
minor aliens: Provided further, That of the total amount
provided, $6,800,000 shall remain available until September
30, 2010, for the Visa Security Program: Provided further,
That none of the funds provided under this heading may be
used to continue a delegation of law enforcement authority
authorized under section 287(g) of the Immigration and
Nationality Act (8 U.S.C. 1357(g)) if the Department of
Homeland Security Inspector General determines that the terms
of the agreement governing the delegation of authority have
been violated: Provided further, That effective April 15,
2009, none of the funds provided under this heading may be
used to continue any contract for the provision of detention
services if the two most recent overall performance
evaluations received by the contracted facility are less than
``adequate'' or the equivalent median score in any subsequent
performance evaluation system: Provided further, That the
Secretary shall submit to the Committees on Appropriations of
the Senate and the House of Representatives, not later than
January 5, 2009, a plan for nationwide implementation of the
Alternatives to Detention program that identifies: (1) the
funds required for nationwide program implementation; (2) the
timeframe for achieving nationwide program implementation;
and (3) an estimate of the number of individuals who could be
enrolled in a nationwide program: Provided further, That
nothing under this heading shall prevent U.S. Immigation and
Customs Enforcement from exercising those authorities
provided under immigration laws (as defined in section
101(a)(17) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(17))) during priority operations pertaining to aliens
convicted of a crime.
Federal Protective Service
The revenues and collections of security fees credited to
this account shall be available until expended for necessary
expenses related to the protection of federally-owned and
leased buildings and for the operations of the Federal
Protective Service: Provided, That the Secretary of Homeland
Security and the Director of the Office of Management and
Budget shall certify in writing to the Committees on
Appropriations of the Senate and the House of Representatives
no later than December 31, 2008, that the operations of the
Federal Protective Service will be fully funded in fiscal
year 2009 through revenues and collection of security fees,
and shall adjust the fees to ensure fee collections are
sufficient to ensure that the Federal Protective Service
maintains not fewer than 1,200 full-time equivalent staff and
900 full-time equivalent Police Officers, Inspectors, Area
Commanders, and Special Agents who, while working, are
directly engaged on a daily basis protecting and enforcing
laws at Federal buildings (referred to as ``in-service field
staff'').
Automation Modernization
For expenses of immigration and customs enforcement
automated systems, $57,000,000, to remain available until
expended: Provided, That of the funds made available under
this heading, $5,000,000 shall not be obligated until the
Committees on Appropriations of the Senate and the House of
Representatives
[[Page 20996]]
receive an expenditure plan prepared by the Secretary of
Homeland Security.
construction
For necessary expenses to plan, construct, renovate, equip,
and maintain buildings and facilities necessary for the
administration and enforcement of the laws relating to
customs and immigration, $5,000,000, to remain available
until expended: Provided, That none of the funds made
available under this heading may be used to solicit or
consider any request to privatize facilities currently owned
by the United States Government and used to detain aliens
unlawfully present in the United States until the Committees
on Appropriations of the Senate and the House of
Representatives receive a plan for carrying out that
privatization.
Transportation Security Administration
Aviation Security
(including transfer of funds)
For necessary expenses of the Transportation Security
Administration related to providing civil aviation security
services pursuant to the Aviation and Transportation Security
Act (Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note),
$4,754,518,000, to remain available until September 30, 2010,
of which not to exceed $10,000 shall be for official
reception and representation expenses: Provided, That of the
total amount made available under this heading, not to exceed
$3,935,710,000 shall be for screening operations, of which
$621,106,000 shall be available for explosives detection
systems; and not to exceed $798,808,000 shall be for aviation
security direction and enforcement: Provided further, That of
the amount made available in the preceding proviso for
explosives detection systems, $294,000,000 shall be available
for the purchase and installation of these systems, of which
not less than $84,500,000 shall be available for the purchase
and installation of certified explosives detection systems at
medium- and small-sized airports: Provided further, That the
purchase of screening equipment for medium- and small-sized
airports must be competitively awarded: Provided further,
That any award to deploy explosives detection systems shall
be based on risk, the airports current reliance on other
screening solutions, lobby congestion resulting in increased
security concerns, high injury rates, airport readiness, and
increased cost effectiveness: Provided further, That security
service fees authorized under section 44940 of title 49,
United States Code, shall be credited to this appropriation
as offsetting collections and shall be available only for
aviation security: Provided further, That any funds collected
and made available from aviation security fees pursuant to
section 44940(i) of title 49, United States Code, may,
notwithstanding paragraph (4) of such section 44940(i), be
expended for the purpose of improving screening at airport
screening checkpoints, which may include the purchase and
utilization of emerging technology equipment; the
refurbishment and replacement of current equipment; the
installation of surveillance systems to monitor checkpoint
activities; the modification of checkpoint infrastructure to
support checkpoint reconfigurations; and the creation of
additional checkpoints to screen aviation passengers and
airport personnel: Provided further, That of the amounts
provided under this heading, $20,000,000 may be transferred
to the ``Surface Transportation Security'', ``Transportation
Threat Assessment and Credentialing'', and ``Transportation
Security Support'' appropriations in this Act for the purpose
of implementing regulations and activities authorized in the
Implementing Recommendations of the 9/11 Commission Act of
2007 (Public Law 110-53): Provided further, That the sum
appropriated under this heading from the general fund shall
be reduced on a dollar-for-dollar basis as such offsetting
collections are received during fiscal year 2009, so as to
result in a final fiscal year appropriation from the general
fund estimated at not more than $2,434,518,000: Provided
further, That any security service fees collected in excess
of the amount made available under this heading shall become
available during fiscal year 2010: Provided further, That
Members of the United States House of Representatives and
United States Senate, including the leadership; the heads of
Federal agencies and commissions, including the Secretary,
Under Secretaries, and Assistant Secretaries of the
Department of Homeland Security; the United States Attorney
General and Assistant Attorneys General and the United States
attorneys; and senior members of the Executive Office of the
President, including the Director of the Office of Management
and Budget; shall not be exempt from Federal passenger and
baggage screening.
surface transportation security
For necessary expenses of the Transportation Security
Administration related to providing surface transportation
security activities, $49,606,000, to remain available until
September 30, 2010.
transportation threat assessment and credentialing
For necessary expenses for the development and
implementation of screening programs of the Office of
Transportation Threat Assessment and Credentialing,
$116,018,000, to remain available until September 30, 2010:
Provided, That if the Assistant Secretary of Homeland
Security (Transportation Security Administration) determines
that the Secure Flight program does not need to check airline
passenger names against the full terrorist watch list, the
Assistant Secretary shall certify to the Committees on
Appropriations of the Senate and the House of Representatives
that no significant security risks are raised by screening
airline passenger names only against a subset of the full
terrorist watch list.
Transportation Security Support
For necessary expenses of the Transportation Security
Administration related to providing transportation security
support and intelligence pursuant to the Aviation and
Transportation Security Act (Public Law 107-71; 115 Stat.
597; 49 U.S.C. 40101 note), $947,735,000, to remain available
until September 30, 2010: Provided, That of the funds
appropriated under this heading, $20,000,000 may not be
obligated for headquarters administration until the Secretary
of Homeland Security submits to the Committees on
Appropriations of the Senate and the House of Representatives
detailed expenditure plans for checkpoint support and
explosives detection systems refurbishment, procurement, and
installations on an airport-by-airport basis for fiscal year
2009: Provided further, That these plans shall be submitted
no later than 60 days after the date of enactment of this
Act.
Federal Air Marshals
For necessary expenses of the Federal Air Marshals,
$819,481,000.
Coast Guard
Operating Expenses
For necessary expenses for the operation and maintenance of
the Coast Guard, not otherwise provided for; purchase or
lease of not to exceed 25 passenger motor vehicles, which
shall be for replacement only; for purchase or lease of small
boats for contingent and emergent requirements (at a unit
cost of no more than $700,000) and for repairs and service-
life replacements, not to exceed a total of $26,000,000;
minor shore construction projects not exceeding $1,000,000 in
total cost at any location; payments pursuant to section 156
of Public Law 97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and
recreation and welfare; $6,194,925,000, of which $340,000,000
shall be for defense-related activities; of which $24,500,000
shall be derived from the Oil Spill Liability Trust Fund to
carry out the purposes of section 1012(a)(5) of the Oil
Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); of which not to
exceed $20,000 shall be for official reception and
representation expenses; and of which $3,600,000 shall be
available until expended for the cost of repairing,
rehabilitating, altering, modifying, and making improvements,
including customized tenant improvements, to any replacement
or expanded Operations Systems Center facility: Provided,
That none of the funds made available by this or any other
Act shall be available for administrative expenses in
connection with shipping commissioners in the United States:
Provided further, That none of the funds made available by
this Act shall be for expenses incurred for recreational
vessels under section 12114 of title 46, United States Code,
except to the extent fees are collected from yacht owners and
credited to this appropriation: Provided further, That the
Commandant shall submit a financial management improvement
plan that has been reviewed by the Inspector General of the
Department of Homeland Security containing yearly, measurable
milestones, to the Committees on Appropriations of the Senate
and the House of Representatives by December 1, 2008:
Provided further, That the Coast Guard shall comply with the
requirements of section 527 of Public Law 108-136 with
respect to the Coast Guard Academy: Provided further, That
notwithstanding section 503 of this Act, amounts not to
exceed 5 percent of the total amount appropriated under this
heading may be transferred to the ``Acquisition,
Construction, and Improvements'' appropriation, to be
available under the terms and conditions applicable to that
appropriation, and to be available for personnel compensation
and benefits and related costs to adjust personnel assignment
to accelerate management and oversight of new or existing
projects without detrimentally affecting the management and
oversight of other projects: Provided further, That the
amount made available for ``Personnel, Compensation, and
Benefits'' in the ``Acquisition, Construction, and
Improvements'' appropriation shall not be increased by more
than 10 percent by such transfers: Provided further, That the
Committees on Appropriations of the Senate and the House of
Representatives shall be notified of each transfer within 10
days after it is executed.
environmental compliance and restoration
For necessary expenses to carry out the environmental
compliance and restoration functions of the Coast Guard under
chapter 19 of title 14, United States Code, $13,000,000, to
remain available until expended.
Reserve Training
For necessary expenses of the Coast Guard Reserve, as
authorized by law; operations and maintenance of the reserve
program; personnel and training costs; and equipment and
services; $130,501,000.
[[Page 20997]]
acquisition, construction, and improvements
For necessary expenses of acquisition, construction,
renovation, and improvement of aids to navigation, shore
facilities, vessels, and aircraft, including equipment
related thereto; and maintenance, rehabilitation, lease and
operation of facilities and equipment, as authorized by law;
$1,494,576,000, of which $20,000,000 shall be derived from
the Oil Spill Liability Trust Fund to carry out the purposes
of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)); of which $113,000,000 shall be available
until September 30, 2013, to acquire, repair, renovate, or
improve vessels, small boats, and related equipment; of which
$89,174,000 shall be available until September 30, 2011, for
other equipment; of which $68,000,000 shall be available
until September 30, 2011, for shore facilities and aids to
navigation facilities, including $3,000,000 for Sector
Buffalo and $15,000,000 for the Rescue Swimmer Training
Facility; of which $92,830,000 shall be available for
personnel compensation and benefits and related costs; of
which $97,578,000 shall be available until expended for a new
Coast Guard and Department of Homeland Security headquarters;
and of which $1,033,994,000 shall be available until
September 30, 2013, for the Integrated Deepwater Systems
program: Provided, That of the funds made available for the
Integrated Deepwater Systems program, $244,550,000 is for
aircraft and $571,003,000 is for surface ships: Provided
further, That $350,000,000 of the funds provided for the
Integrated Deepwater Systems program may not be obligated
until the Committees on Appropriations of the Senate and the
House of Representatives receive directly from the Coast
Guard and approve a plan for expenditure that--
(1) defines activities, milestones, yearly costs, and life
cycle costs for each new procurement of a major asset,
including an independent cost estimate for each;
(2) identifies life cycle staffing and training needs of
Coast Guard project managers and procurement and contract
staff;
(3) identifies competition to be conducted in, and
summarizes the approved acquisition strategy for, each
procurement;
(4) includes a certification by the Chief Human Capital
Officer of the Department of Homeland Security that current
human capital capabilities are sufficient to execute the
expenditure plan;
(5) includes an explanation of each procurement that
involves an indefinite delivery/indefinite quantity contract
and explains the need for such contract;
(6) identifies individual project balances by fiscal year,
including planned carryover into fiscal year 2010 by project;
(7) identifies operational gaps by asset and explains how
funds provided in this Act address the shortfalls between
current operational capabilities and requirements;
(8) includes a listing of all open Government
Accountability Office and Office of Inspector General
recommendations related to the program and the status of
Coast Guard actions to address the recommendations, including
milestones for fully addressing them;
(9) includes a certification by the Chief Procurement
Officer of the Department that the program has been reviewed
and approved in accordance with the investment management
process of the Department, and that the process fulfills all
capital planning and investment control requirements and
reviews established by the Office of Management and Budget,
including Circular A-11, part 7;
(10) identifies use of the Defense Contract Audit Agency;
(11) includes a certification by the head of contracting
activity for the Coast Guard and the Chief Procurement
Officer of the Department that the plans for the program
comply with the Federal acquisition rules, requirements,
guidelines, and practices, and a description of the actions
being taken to address areas of non-compliance, the risks
associated with them along with plans for addressing these
risks, and the status of their implementation;
(12) identifies the use of independent validation and
verification; and
(13) is reviewed by the Government Accountability Office:
Provided further, That no funding may be obligated for low
rate initial production or initial production of any
Integrated Deepwater Systems program asset until Coast Guard
revises its Major Systems Acquisition Manual procedures to
require a formal design review prior to the authorization of
low rate initial production or initial production: Provided
further, That the Secretary of Homeland Security shall submit
to the Committees on Appropriations of the Senate and the
House of Representatives, in conjunction with the President's
fiscal year 2010 budget, a review of the Revised Deepwater
Implementation Plan that identifies any changes to the plan
for the fiscal year; an annual performance comparison of
Integrated Deepwater Systems program assets to pre-Deepwater
legacy assets; a status report of legacy assets; a detailed
explanation of how the costs of legacy assets are being
accounted for within the Integrated Deepwater Systems
program; and the earned value management system gold card
data for each Integrated Deepwater Systems program asset:
Provided further, That the Secretary shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives a comprehensive review of the Revised
Deepwater Implementation Plan every 5 years, beginning in
fiscal year 2011, that includes a complete projection of the
acquisition costs and schedule for the duration of the plan
through fiscal year 2027: Provided further, That the
Secretary shall annually submit to the Committees on
Appropriations of the Senate and the House of
Representatives, at the time that the President's budget is
submitted under section 1105(a) of title 31, United States
Code, a future-years capital investment plan for the Coast
Guard that identifies for each capital budget line item--
(1) the proposed appropriation included in that budget;
(2) the total estimated cost of completion;
(3) projected funding levels for each fiscal year for the
next 5 fiscal years or until project completion, whichever is
earlier;
(4) an estimated completion date at the projected funding
levels; and
(5) changes, if any, in the total estimated cost of
completion or estimated completion date from previous future-
years capital investment plans submitted to the Committees on
Appropriations of the Senate and the House of
Representatives:
Provided further, That the Secretary shall ensure that
amounts specified in the future-years capital investment plan
are consistent to the maximum extent practicable with
proposed appropriations necessary to support the programs,
projects, and activities of the Coast Guard in the
President's budget as submitted under section 1105(a) of
title 31, United States Code, for that fiscal year: Provided
further, That any inconsistencies between the capital
investment plan and proposed appropriations shall be
identified and justified: Provided further, That subsections
(a), and (b) of section 6402 of the U.S. Troop Readiness,
Veterans' Care, Katrina Recovery, and Iraq Accountability
Appropriations Act, 2007 (Public Law 110-28) shall apply to
fiscal year 2009: Provided further, That notwithstanding
section 503 of this Act, amounts transferred from the
``Operating Expenses'' appropriation for personnel
compensation and benefits and related costs to adjust
personnel assignment to accelerate management and oversight
of new or existing projects may be transferred to the
``Operating Expenses'' appropriation to be merged with that
appropriation, to be available under the same terms and
conditions for which that appropriation is available, when no
longer required for project acceleration or oversight, or to
otherwise adjust personnel assignment: Provided further, That
the Committees on Appropriations of the Senate and the House
of Representatives shall be notified of each transfer within
30 days after it is executed.
Alteration of Bridges
For necessary expenses for alteration or removal of
obstructive bridges, as authorized by section 6 of the
Truman-Hobbs Act (33 U.S.C. 516), $16,000,000, to remain
available until expended: Provided, That of the amounts made
available under this heading, $2,000,000 shall be for the
Burlington Northern Railroad Bridge in Burlington, Iowa;
$2,000,000 shall be for the Canadian Pacific Railway Bridge
in La Crosse, Wisconsin; $2,000,000 shall be for the Chelsea
Street Bridge in Chelsea, Massachusetts; $2,000,000 shall be
for the Elgin, Joliet, and Eastern Railway Company Bridge in
Morris, Illinois; $4,000,000 shall be for the Fourteen Mile
Bridge in Mobile, Alabama; and $4,000,000 shall be for the
Galveston Causeway Bridge in Galveston, Texas.
Research, Development, Test, and Evaluation
For necessary expenses for applied scientific research,
development, test, and evaluation; and for maintenance,
rehabilitation, lease, and operation of facilities and
equipment; as authorized by law; $18,000,000, to remain
available until expended, of which $500,000 shall be derived
from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of
1990 (33 U.S.C. 2712(a)(5)): Provided, That there may be
credited to and used for the purposes of this appropriation
funds received from State and local governments, other public
authorities, private sources, and foreign countries for
expenses incurred for research, development, testing, and
evaluation.
Retired Pay
For retired pay, including the payment of obligations
otherwise chargeable to lapsed appropriations for this
purpose, payments under the Retired Serviceman's Family
Protection and Survivor Benefits Plans, payment for career
status bonuses, concurrent receipts and combat-related
special compensation under the National Defense Authorization
Act, and payments for medical care of retired personnel and
their dependents under chapter 55 of title 10, United States
Code, $1,236,745,000, to remain available until expended.
United States Secret Service
Salaries and Expenses
For necessary expenses of the United States Secret Service,
including purchase of not to exceed 675 vehicles for police-
type use,
[[Page 20998]]
of which 645 shall be for replacement only, and hire of
passenger motor vehicles; purchase of motorcycles made in the
United States; hire of aircraft; services of expert witnesses
at such rates as may be determined by the Director of the
Secret Service; rental of buildings in the District of
Columbia, and fencing, lighting, guard booths, and other
facilities on private or other property not in Government
ownership or control, as may be necessary to perform
protective functions; payment of per diem or subsistence
allowances to employees where a protective assignment during
the actual day or days of the visit of a protectee requires
an employee to work 16 hours per day or to remain overnight
at a post of duty; conduct of and participation in firearms
matches; presentation of awards; travel of United States
Secret Service employees on protective missions without
regard to the limitations on such expenditures in this or any
other Act if approval is obtained in advance from the
Committees on Appropriations of the Senate and the House of
Representatives; research and development; grants to conduct
behavioral research in support of protective research and
operations; and payment in advance for commercial
accommodations as may be necessary to perform protective
functions; $1,408,729,000; of which not to exceed $25,000
shall be for official reception and representation expenses;
of which not to exceed $100,000 shall be to provide technical
assistance and equipment to foreign law enforcement
organizations in counterfeit investigations; of which
$2,366,000 shall be for forensic and related support of
investigations of missing and exploited children; and of
which $6,000,000 shall be for a grant for activities related
to the investigations of missing and exploited children and
shall remain available until expended: Provided, That up to
$18,000,000 provided for protective travel shall remain
available until September 30, 2010: Provided further, That up
to $1,000,000 for National Special Security Events shall
remain available until expended: Provided further, That the
United States Secret Service is authorized to obligate funds
in anticipation of reimbursements from Federal agencies and
entities, as defined in section 105 of title 5, United States
Code, receiving training sponsored by the James J. Rowley
Training Center, except that total obligations at the end of
the fiscal year shall not exceed total budgetary resources
available under this heading at the end of the fiscal year:
Provided further, That none of the funds made available under
this heading shall be available to compensate any employee
for overtime in an annual amount in excess of $35,000, except
that the Secretary of Homeland Security, or the designee of
the Secretary, may waive that amount as necessary for
national security purposes: Provided further, That the
limitation in the preceding proviso shall not take effect
until the Director of the Office of Management and Budget
submits to the Committees on Appropriations of the Senate and
the House of Representatives a report certifying that such a
limitation on compensation will not have a significant effect
on operations of the United States Secret Service: Provided
further, That none of the funds appropriated to the United
States Secret Service by this Act or by previous
appropriations Acts may be made available for the protection
of the head of a Federal agency other than the Secretary of
Homeland Security: Provided further, That the Director of the
United States Secret Service may enter into an agreement to
perform such service on a fully reimbursable basis.
acquisition, construction, improvements, and related expenses
For necessary expenses for acquisition, construction,
repair, alteration, and improvement of facilities,
$4,225,000, to remain available until expended: Provided,
That of the total amount provided, $250,000 is for a
perimeter security and noise abatement study at the James J.
Rowley Training Center.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
management and administration
For salaries and expenses of the Office of the Under
Secretary for the National Protection and Programs
Directorate, support for operations, information technology,
and the Office of Risk Management and Analysis, $51,350,000:
Provided, That not to exceed $5,000 shall be for official
reception and representation expenses.
Infrastructure Protection and Information Security
For necessary expenses for infrastructure protection and
information security programs and activities, as authorized
by title II of the Homeland Security Act of 2002 (6 U.S.C.
121 et seq.), $806,913,000, of which $720,116,000 shall
remain available until September 30, 2010: Provided, That of
the total amount provided, $20,000,000 is for necessary
expenses of the National Infrastructure Simulation and
Analysis Center: Provided further, That of the amount made
available under this heading, $127,462,000 may not be
obligated for the National Cyber Security Initiative program
and $25,125,000 may not be obligated for the Next Generation
Networks program until the Committees on Appropriations of
the Senate and the House of Representatives receive and
approve a plan for expenditure for that program that
describes the strategic context of the program; the specific
goals and milestones set for the program; and the funds
allocated to achieving each of those goals: Provided further,
That of the total amount provided, $2,000,000 is for
Philadelphia infrastructure monitoring; $3,000,000 is for
protection of critical underground infrastructure in major
urban areas; $1,000,000 is for improved improvised explosive
device mapping and modeling tools; $3,500,000 is for State
and local cyber security training; and $4,000,000 is for the
Power and Cyber Systems Protection, Analysis, and Testing
Program at the Idaho National Laboratory.
united states visitor and immigrant status indicator technology
For necessary expenses for the development of the United
States Visitor and Immigrant Status Indicator Technology
project, as authorized by section 110 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1365a), $300,000,000, to remain available until
expended: Provided, That of the total amount made available
under this heading, $75,000,000 may not be obligated for the
United States Visitor and Immigrant Status Indicator
Technology project until the Committees on Appropriations of
the Senate and the House of Representatives receive a plan
for expenditure prepared by the Secretary of Homeland
Security that includes--
(1) a detailed accounting of the program's progress to date
relative to system capabilities or services, system
performance levels, mission benefits and outcomes,
milestones, cost targets, and program management
capabilities;
(2) an explicit plan of action defining how all funds are
to be obligated to meet future program commitments, with the
planned expenditure of funds linked to the milestone-based
delivery of specific capabilities, services, performance
levels, mission benefits and outcomes, and program management
capabilities;
(3) a listing of all open Government Accountability Office
and Office of Inspector General recommendations related to
the program and the status of Department of Homeland Security
actions to address the recommendations, including milestones
for fully addressing such recommendations;
(4)(a) a certification by the Chief Procurement Officer of
the Department that (1) the program has been reviewed and
approved in accordance with the investment management process
of the Department; (2) the process fulfills all capital
planning and investment control requirements and reviews
established by the Office of Management and Budget, including
as provided in Circular A-11, part 7; and (3) the plans for
the program comply with the Federal acquisition rules,
requirements, guidelines, and practices; and (b) a
description by the Chief Procurement Officer of the actions
being taken to address areas of non-compliance, the risks
associated with such areas as well as any plans for
addressing such risks, and the status of the implementation
of such actions;
(5)(a) a certification by the Chief Information Officer of
the Department that (1) an independent verification and
validation agent is currently under contract for the project;
(2) the system architecture of the program is sufficiently
aligned with the information systems enterprise architecture
of the Department to minimize future rework, including a
description of all aspects of the architecture that were or
were not assessed in making the alignment determination, the
date of the alignment determination, and any known areas of
misalignment along with the associated risks and corrective
actions to address any such areas; and (3) the program has a
risk management process that regularly identifies, evaluates,
mitigates, and monitors risks throughout the system life
cycle, and communicates high-risk conditions to agency and
Department investment decision makers; and (b) a listing by
the Chief Information Officer of all the program's high risks
and the status of efforts to address them;
(6) a certification by the Chief Human Capital Officer of
the Department that the human capital needs of the program
are being strategically and proactively managed, and that
current human capital capabilities are sufficient to execute
the plans discussed in the report;
(7) a complete schedule for the full implementation of a
biometric exit program or a certification that such program
is not possible within 5 years; and
(8) a detailed accounting of operation and maintenance,
contractor services, and program costs associated with the
management of identity services:
Provided further, That no funding under this heading shall be
obligated for implementation of a final air exit solution
pursuant to the notice of proposed rulemaking (DHS-2008-0039)
published on April 24, 2008, until the Committees on
Appropriations of the Senate and the House of Representatives
receive a report on pilot tests of the air exit solution,
which shall be reviewed by the Government Accountability
Office, and which
[[Page 20999]]
shall test at least two scenarios: (a) where the airlines
collect and transmit biometric exit data as proposed in the
notice of proposed rulemaking and (b) where U.S. Customs and
Border Protection collects such information at the departure
gates.
Office of Health Affairs
For necessary expenses of the Office of Health Affairs,
$157,191,000, of which $29,210,000 is for salaries and
expenses; and of which $127,981,000 is to remain available
until September 30, 2010, for biosurveillance, BioWatch,
medical readiness planning, chemical response, and other
activities: Provided, That not to exceed $3,000 shall be for
official reception and representation expenses.
Federal Emergency Management Agency
Management and Administration
For necessary expenses for management and administration of
the Federal Emergency Management Agency, $837,437,000,
including activities authorized by the National Flood
Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), the Earthquake Hazards Reduction Act of
1977 (42 U.S.C. 7701 et seq.), the Defense Production Act of
1950 (50 U.S.C. App. 2061 et seq.), sections 107 and 303 of
the National Security Act of 1947 (50 U.S.C. 404, 405),
Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), the
Homeland Security Act of 2002 (6 U.S.C. 101 et seq.), and the
Post-Katrina Emergency Management Reform Act of 2006 (Public
Law 109-295; 120 Stat. 1394): Provided, That not to exceed
$3,000 shall be for official reception and representation
expenses: Provided further, That the President's budget
submitted under section 1105(a) of title 31, United States
Code, shall be detailed by office for the Federal Emergency
Management Agency: Provided further, That $10,000,000 shall
not be available for obligation until the Secretary of
Homeland Security, in coordination with the Administrator of
the Federal Emergency Management Agency, certifies and
reports to the Committees on Appropriations of the Senate and
the House of Representatives that processes to incorporate
stakeholder input for grant guidance development and award
distribution have been: (1) developed to ensure transparency
and increased consultation about security needs for all-
hazards; (2) formalized and made clear to stakeholders; and
(3) formalized to ensure future use for each fiscal year:
Provided further, That of the total amount made available
under this heading, $5,000,000 shall be for the development
of tools and systems to measure the achievement and
effectiveness of first responder grant programs: Provided
further, That of the total amount made available under this
heading, $32,500,000 shall be for the Urban Search and Rescue
Response System, of which not to exceed $1,600,000 may be
made available for administrative costs; $2,200,000 shall be
for the Pacific Region Homeland Security Center, Honolulu,
Hawaii, $5,000,000 shall be for the State of North Carolina,
and $2,425,000 shall be for the Commonwealth of Kentucky, as
detailed in the statement accompanying this Act; and
$6,342,000 shall be for the Office of National Capital Region
Coordination: Provided further, That for purposes of
planning, coordination, execution, and decision-making
related to mass evacuation during a disaster, the Governors
of the State of West Virginia and the Commonwealth of
Pennsylvania, or their designees, shall be incorporated into
efforts to integrate the activities of Federal, State, and
local governments in the National Capital Region, as defined
in section 882 of Public Law 107-296, the Homeland Security
Act of 2002.
State and Local Programs
(including transfer of funds)
For grants, contracts, cooperative agreements, and other
activities, $3,105,700,000 shall be allocated as follows:
(1) $950,000,000 shall be for the State Homeland Security
Grant Program under section 2004 of the Homeland Security Act
of 2002 (6 U.S.C. 605): Provided, That of the amount provided
by this paragraph, $60,000,000 shall be for Operation
Stonegarden: Provided further, That notwithstanding
subsection (c)(4) of such section 2004, for fiscal year 2009,
the Commonwealth of Puerto Rico shall make available to local
and tribal governments amounts provided to the Commonwealth
of Puerto Rico under this paragraph in accordance with
subsection (c)(1) of such section 2004.
(2) $837,500,000 shall be for the Urban Area Security
Initiative under section 2003 of the Homeland Security Act of
2002 (6 U.S.C. 604), of which, notwithstanding subsection
(c)(1) of such section, $15,000,000 shall be for grants to
organizations (as described under section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from tax section
501(a) of such code) determined by the Secretary of Homeland
Security to be at high risk of a terrorist attack.
(3) $35,000,000 shall be for Regional Catastrophic
Preparedness Grants.
(4) $41,000,000 shall be for the Metropolitan Medical
Response System under section 635 of the Post-Katrina
Emergency Management Reform Act of 2006 (6 U.S.C. 723).
(5) $15,000,000 shall be for the Citizen Corps Program.
(6) $400,000,000 shall be for Public Transportation
Security Assistance and Railroad Security Assistance under
sections 1406 and 1513 of the Implementing Recommendations of
the 9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C.
1135 and 1163), of which not less than $25,000,000 shall be
for Amtrak security: Provided, That there shall be no cost
share requirement for funds made available under this
paragraph and made available for these same purposes in
Public Law 110-161: Provided further, That such public
transportation security assistance shall be provided directly
to public transportation agencies.
(7) $400,000,000 shall be for Port Security Grants in
accordance with 46 U.S.C. 70107.
(8) $12,000,000 shall be for Over-the-Road Bus Security
Assistance under section 1532 of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (Public
Law 110-53; 6 U.S.C. 1182).
(9) $8,000,000 shall be for Trucking Industry Security
Grants.
(10) $50,000,000 shall be for Buffer Zone Protection
Program Grants.
(11) $8,000,000 shall be for the Commercial Equipment
Direct Assistance Program.
(12) $50,000,000 shall be for the Interoperable Emergency
Communications Grant Program under section 1809 of the
Homeland Security Act of 2002 (6 U.S.C. 579).
(13) $35,000,000 shall remain available until expended, for
grants for Emergency Operations Centers under section 614 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5196c), as detailed in the
statement accompanying this Act.
(14) $264,200,000 shall be for training, exercises,
technical assistance, and other programs, of which--
(A) $164,500,000 is for purposes of training in accordance
with section 1204 of the Implementing Recommendations of the
9/11 Commission Act of 2007 (6 U.S.C. 1102), of which
$62,500,000 shall be for the Center for Domestic
Preparedness; $23,000,000 shall be for the National Energetic
Materials Research and Testing Center, New Mexico Institute
of Mining and Technology; $23,000,000 shall be for the
National Center for Biomedical Research and Training,
Louisiana State University; $23,000,000 shall be for the
National Emergency Response and Rescue Training Center, Texas
A&M University; $23,000,000 shall be for the National
Exercise, Test, and Training Center, Nevada Test Site;
$5,000,000 shall be for the Transportation Technology Center,
Incorporated, in Pueblo, Colorado; and $5,000,000 shall be
for the National Disaster Preparedness Training Center,
University of Hawaii, Honolulu, Hawaii; and
(B) $1,700,000 for the Center for Counterterrorism and
Cyber Crime, Norwich University, Northfield, Vermont:
Provided, That not to exceed 3 percent of the amounts
provided under this heading may be transferred to the Federal
Emergency Management Agency ``Management and Administration''
account for program administration, and an expenditure plan
for program administration shall be provided to the
Committees on Appropriations of the Senate and the House of
Representatives within 60 days of the date of enactment of
this Act: Provided further, That for grants under paragraphs
(1) through (5), the applications for grants shall be made
available to eligible applicants not later than 25 days after
the date of enactment of this Act, that eligible applicants
shall submit applications not later than 90 days after the
grant announcement, and that the Administrator of the Federal
Emergency Management Agency shall act within 90 days after
receipt of an application: Provided further, That for grants
under paragraphs (6) through (10) and (12), the applications
for grants shall be made available to eligible applicants not
later than 30 days after the date of enactment of this Act,
that eligible applicants shall submit applications within 45
days after the grant announcement, and that the Federal
Emergency Management Agency shall act not later than 60 days
after receipt of an application: Provided further, That for
grants under paragraphs (1) and (2), the installation of
communications towers is not considered construction of a
building or other physical facility: Provided further, That
grantees shall provide reports on their use of funds, as
determined necessary by the Secretary: Provided further, That
(a) the Center for Domestic Preparedness may provide training
to emergency response providers from the Federal Government,
foreign governments, or private entities, if the Center for
Domestic Preparedness is reimbursed for the cost of such
training, and any reimbursement under this subsection shall
be credited to the account from which the expenditure being
reimbursed was made and shall be available, without fiscal
year limitation, for the purposes for which amounts in the
account may be expended, (b) the head of the Center for
Domestic Preparedness shall ensure that any training provided
under (a) does not interfere with the primary mission of the
Center to train State and local emergency response providers:
Provided further, That the Government Accountability Office
shall report to the Committees on Appropriations of the
Senate and the House of Representatives regarding the data,
assumptions, and methodology that the Department of Homeland
Security uses to assess risk and
[[Page 21000]]
allocate grants under the Urban Area Security Initiative and
State Homeland Security Grant Program not later than 45 days
after the date of enactment of this Act: Provided further,
That the report shall include an assessment of the
reliability and validity of the data used, the basis for the
assumptions used, how the methodology is applied to determine
the risk scores for individual locations, an analysis of the
usefulness of placing States and cities into tier groups, and
the allocation of grants to eligible locations: Provided
further, That the Department provide the Government
Accountability Office with the actual data that the
Department used for its risk assessment and grant allocation:
Provided further, That the Department provide the Government
Accountability Office with access to all data needed for its
analysis and report, including specifics on all changes for
the fiscal year 2009 process, including, but not limited to,
all changes in data, assumptions, and weights used in
methodology within 7 days after the date of enactment of this
Act: Provided further, That any subsequent changes made
regarding the risk methodology after the initial information
is provided to the Government Accountability Office shall be
provided within 7 days after the change is made.
Firefighter Assistance Grants
For necessary expenses for programs authorized by the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2201 et seq.), $775,000,000, of which $565,000,000 shall be
available to carry out section 33 of that Act (15 U.S.C.
2229) and $210,000,000 shall be available to carry out
section 34 of that Act (15 U.S.C. 2229a), to remain available
until September 30, 2010: Provided, That not to exceed 5
percent of the amount available under this heading shall be
available for program administration, and an expenditure plan
for program administration shall be provided to the
Committees on Appropriations of the Senate and the House of
Representatives within 60 days of the date of enactment of
this Act.
emergency management performance grants
For necessary expenses for emergency management performance
grants, as authorized by the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.), the Earthquake Hazards Reduction Act of 1977 (42
U.S.C. 7701 et seq.), and Reorganization Plan No. 3 of 1978
(5 U.S.C. App.), $315,000,000: Provided, That total
administrative costs shall not exceed 3 percent of the total
amount appropriated under this heading.
Radiological Emergency Preparedness Program
The aggregate charges assessed during fiscal year 2009, as
authorized in title III of the Departments of Veterans
Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 1999 (42 U.S.C. 5196e), shall
not be less than 100 percent of the amounts anticipated by
the Department of Homeland Security necessary for its
radiological emergency preparedness program for the next
fiscal year: Provided, That the methodology for assessment
and collection of fees shall be fair and equitable and shall
reflect costs of providing such services, including
administrative costs of collecting such fees: Provided
further, That fees received under this heading shall be
deposited in this account as offsetting collections and will
become available for authorized purposes on October 1, 2009,
and remain available until expended.
united states fire administration
For necessary expenses of the United States Fire
Administration and for other purposes, as authorized by the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2201 et seq.) and the Homeland Security Act of 2002 (6 U.S.C.
101 et seq.), $44,979,000.
disaster relief
(including transfer of funds)
For necessary expenses in carrying out the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), $1,400,000,000, to remain available
until expended: Provided, That the Federal Emergency
Management Agency shall submit an expenditure plan to the
Committees on Appropriations of the Senate and the House of
Representatives detailing the use of the funds for disaster
readiness and support within 60 days after the date of
enactment of this Act: Provided further, That the Federal
Emergency Management Agency shall provide a quarterly report
detailing obligations against the expenditure plan and a
justification for any changes in spending: Provided further,
That of the total amount provided, $16,000,000 shall be
transferred to the Department of Homeland Security Office of
Inspector General for audits and investigations related to
disasters, subject to section 503 of this Act: Provided
further, That up to $105,600,000 may be transferred to
Federal Emergency Management Agency ``Management and
Administration'' for management and administration functions:
Provided further, That the amount provided in the previous
proviso shall not be available for transfer to ``Management
and Administration'' until the Federal Emergency Management
Agency submits an implementation plan to the Committees on
Appropriations of the Senate and the House of
Representatives: Provided further, That the Federal Emergency
Management Agency shall submit the monthly ``Disaster
Relief'' report, as specified in Public Law 110-161, to the
Committees on Appropriations of the Senate and the House of
Representatives, and include the amounts provided to each
Federal agency for mission assignments: Provided further,
That for any request for reimbursement from a Federal agency
to the Department of Homeland Security to cover expenditures
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), or any mission
assignment orders issued by the Department for such purposes,
the Secretary of Homeland Security shall take appropriate
steps to ensure that each agency is periodically reminded of
Department policies on--
(1) the detailed information required in supporting
documentation for reimbursements; and
(2) the necessity for timeliness of agency billings.
Disaster Assistance Direct Loan Program Account
For activities under section 319 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5162), $295,000 is for the cost of direct loans: Provided,
That gross obligations for the principal amount of direct
loans shall not exceed $25,000,000: Provided further, That
the cost of modifying such loans shall be as defined in
section 502 of the Congressional Budget Act of 1974 (2 U.S.C.
661a).
flood map modernization fund
For necessary expenses under section 1360 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4101), $220,000,000,
and such additional sums as may be provided by State and
local governments or other political subdivisions for cost-
shared mapping activities under section 1360(f)(2) of such
Act (42 U.S.C. 4101(f)(2)), to remain available until
expended: Provided, That total administrative costs shall not
exceed 3 percent of the total amount appropriated under this
heading.
National Flood Insurance Fund
For activities under the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.), and the Flood Disaster
Protection Act of 1973 (42 U.S.C. 4001 et seq.),
$156,599,000, which shall be derived from offsetting
collections assessed and collected under section 1308(d) of
the National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)),
which is available as follows: (1) not to exceed $49,418,000
for salaries and expenses associated with flood mitigation
and flood insurance operations; and (2) no less than
$107,181,000 for flood plain management and flood mapping,
which shall remain available until September 30, 2010:
Provided, That any additional fees collected pursuant to
section 1308(d) of the National Flood Insurance Act of 1968
(42 U.S.C. 4015(d)) shall be credited as an offsetting
collection to this account, to be available for flood plain
management and flood mapping: Provided further, That in
fiscal year 2009, no funds shall be available from the
National Flood Insurance Fund under section 1310 of that Act
(42 U.S.C. 4017) in excess of: (1) $85,000,000 for operating
expenses; (2) $869,905,000 for commissions and taxes of
agents; (3) such sums as are necessary for interest on
Treasury borrowings; and (4) $125,700,000, which shall remain
available until expended for flood mitigation actions, of
which $80,000,000 is for severe repetitive loss properties
under section 1361A of the National Flood Insurance Act of
1968 (42 U.S.C. 4102a), of which $10,000,000 is for
repetitive insurance claims properties under section 1323 of
the National Flood Insurance Act of 1968 (42 U.S.C. 4030),
and of which $35,700,000 is for flood mitigation assistance
under section 1366 of the National Flood Insurance Act of
1968 (42 U.S.C. 4104c) notwithstanding subparagraphs (B) and
(C) of subsection (b)(3) and subsection (f) of section 1366
of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c)
and notwithstanding subsection (a)(7) of section 1310 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4017):
Provided further, That amounts collected under section 102 of
the Flood Disaster Protection Act of 1973 and section 1366(i)
of the National Flood Insurance Act of 1968 shall be
deposited in the National Flood Insurance Fund to supplement
other amounts specified as available for section 1366 of the
National Flood Insurance Act of 1968, notwithstanding 42
U.S.C. 4012a(f)(8), 4104c(i), and 4104d(b)(2)-(3): Provided
further, That total administrative costs shall not exceed 4
percent of the total appropriation.
national predisaster mitigation fund
For the predisaster mitigation grant program under section
203 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5133), $90,000,000, to remain
available until expended and as detailed in the statement
accompanying this Act: Provided, That the total
administrative costs associated with such grants shall not
exceed 3 percent of the total amount made available under
this heading.
emergency food and shelter
To carry out the emergency food and shelter program
pursuant to title III of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11331 et seq.), $200,000,000, to
remain available until expended: Provided,
[[Page 21001]]
That total administrative costs shall not exceed 3.5 percent
of the total amount made available under this heading.
Cerro Grande Fire Claims
(RESCISSION OF FUNDS)
Of the funds made available under this heading for
obligation in prior years, $9,000,000 are rescinded.
TITLE IV
RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
For necessary expenses for citizenship and immigration
services, $101,740,000, of which $100,000,000 is for the E-
Verify program to assist United States employers with
maintaining a legal workforce: Provided, That notwithstanding
any other provision of law, funds available to United States
Citizenship and Immigration Services may be used to acquire,
operate, equip, dispose of and replace up to five vehicles,
of which two are for replacement only, for areas where the
Administrator of General Services does not provide vehicles
for lease: Provided further, That the Director of United
States Citizenship and Immigration Services may authorize
employees who are assigned to those areas to use such
vehicles between the employees' residences and places of
employment.
Federal Law Enforcement Training Center
salaries and expenses
For necessary expenses of the Federal Law Enforcement
Training Center, including materials and support costs of
Federal law enforcement basic training; the purchase of not
to exceed 117 vehicles for police-type use and hire of
passenger motor vehicles; expenses for student athletic and
related activities; the conduct of and participation in
firearms matches and presentation of awards; public awareness
and enhancement of community support of law enforcement
training; room and board for student interns; a flat monthly
reimbursement to employees authorized to use personal mobile
phones for official duties; and services as authorized by
section 3109 of title 5, United States Code; $246,530,000, of
which up to $48,611,000 shall remain available until
September 30, 2010, for materials and support costs of
Federal law enforcement basic training; of which $300,000
shall remain available until expended for Federal law
enforcement agencies participating in training accreditation,
to be distributed as determined by the Federal Law
Enforcement Training Center for the needs of participating
agencies; and of which not to exceed $12,000 shall be for
official reception and representation expenses: Provided,
That the Center is authorized to obligate funds in
anticipation of reimbursements from agencies receiving
training sponsored by the Center, except that total
obligations at the end of the fiscal year shall not exceed
total budgetary resources available at the end of the fiscal
year: Provided further, That section 1202(a) of Public Law
107-206 (42 U.S.C. 3771 note), as amended by Public Law 110-
161 (121 Stat. 2068), is further amended by striking
``December 31, 2010'' and inserting ``December 31, 2011'':
Provided further, That the Federal Law Enforcement Training
Accreditation Board, including representatives from the
Federal law enforcement community and non-Federal
accreditation experts involved in law enforcement training,
shall lead the Federal law enforcement training accreditation
process to continue the implementation of measuring and
assessing the quality and effectiveness of Federal law
enforcement training programs, facilities, and instructors:
Provided further, That the Director of the Federal Law
Enforcement Training Center shall schedule basic or advanced
law enforcement training, or both, at all four training
facilities under the control of the Federal Law Enforcement
Training Center to ensure that such training facilities are
operated at the highest capacity throughout the fiscal year.
Acquisitions, Construction, Improvements, and Related Expenses
For acquisition of necessary additional real property and
facilities, construction, and ongoing maintenance, facility
improvements, and related expenses of the Federal Law
Enforcement Training Center, $86,456,000, to remain available
until expended: Provided, That the Center is authorized to
accept reimbursement to this appropriation from government
agencies requesting the construction of special use
facilities: Provided further, That $3,000,000 is for
construction of training and related facilities at Artesia,
New Mexico.
Science and Technology
Management and Administration
For salaries and expenses of the Office of the Under
Secretary for Science and Technology and for management and
administration of programs and activities, as authorized by
title III of the Homeland Security Act of 2002 (6 U.S.C. 181
et seq.), $132,100,000: Provided, That not to exceed $10,000
shall be for official reception and representation expenses.
research, development, acquisition, and operations
For necessary expenses for science and technology research,
including advanced research projects; development; test and
evaluation; acquisition; and operations; as authorized by
title III of the Homeland Security Act of 2002 (6 U.S.C. 181
et seq.); $800,487,000, to remain available until expended:
Provided, That not less than $27,000,000 shall be available
for the Southeast Region Research Initiative at the Oak Ridge
National Laboratory: Provided further, That not less than
$3,000,000 shall be available for Distributed Environment for
Critical Infrastructure Decisionmaking Exercises: Provided
further, That of the amount provided, $25,000,000 is for
construction expenses of the Pacific Northwest National
Laboratory: Provided further, That not less than $11,000,000
shall be available for the National Institute for Hometown
Security: Provided further, That not less than $2,000,000
shall be available for the Naval Postgraduate School:
Provided further, That not less than $2,000,000 shall be
available to establish a homeland security research,
development, and manufacturing pilot project: Provided
further, That none of the funds made available under this
heading shall be obligated for a follow-on program to the
Analysis, Dissemination, Visualization, Insight, and Semantic
Enhancement program: Provided further, That none of the funds
available under this heading shall be obligated for
construction of a National Bio and Agro-defense Facility
located on the United States mainland until the Secretary of
Homeland Security completes a risk assessment of whether
foot-and-mouth disease work can be done safely on the United
States mainland and this assessment is reviewed by the
Government Accountability Office: Provided further, That the
Government Accountability Office shall complete its review
within 6 months after the Department concludes the risk
assessment.
Domestic Nuclear Detection Office
management and administration
For salaries and expenses of the Domestic Nuclear Detection
Office as authorized by title XIX of the Homeland Security
Act of 2002 (6 U.S.C. 591 et seq.) for management and
administration of programs and activities, $37,500,000:
Provided, That not to exceed $3,000 shall be for official
reception and representation expenses.
Research, Development, and Operations
For necessary expenses for radiological and nuclear
research, development, testing, evaluation, and operations,
$323,200,000, to remain available until expended.
Systems Acquisition
For expenses for the Domestic Nuclear Detection Office
acquisition and deployment of radiological detection systems
in accordance with the global nuclear detection architecture,
$153,491,000, to remain available until September 30, 2011:
Provided, That none of the funds appropriated under this
heading shall be obligated for full-scale procurement of
Advanced Spectroscopic Portal monitors until the Secretary of
Homeland Security submits to the Committees on Appropriations
of the Senate and the House of Representatives a report
certifying that a significant increase in operational
effectiveness will be achieved: Provided further, That the
Secretary shall submit separate and distinct certifications
prior to the procurement of Advanced Spectroscopic Portal
monitors for primary and secondary deployment that address
the unique requirements for operational effectiveness of each
type of deployment: Provided further, That the Secretary
shall consult with the National Academy of Sciences before
making such certifications: Provided further, That none of
the funds appropriated under this heading shall be used for
high-risk concurrent development and production of mutually
dependent software and hardware.
TITLE V
GENERAL PROVISIONS
(including rescissions of funds)
Sec. 501. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of
this Act, the unexpended balances of prior appropriations
provided for activities in this Act may be transferred to
appropriation accounts for such activities established
pursuant to this Act, may be merged with funds in the
applicable established accounts, and thereafter may be
accounted for as one fund for the same time period as
originally enacted.
Sec. 503. (a) None of the funds provided by this Act,
provided by previous appropriations Acts to the agencies in
or transferred to the Department of Homeland Security that
remain available for obligation or expenditure in fiscal year
2009, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to
the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that: (1) creates a new program, project, or activity; (2)
eliminates a program, project, office, or activity; (3)
increases funds for any program, project, or activity for
which funds have been denied or restricted by the Congress;
(4) proposes to use funds directed for a specific activity by
either of the Committees on Appropriations of the Senate or
the House of Representatives for a different purpose; or (5)
[[Page 21002]]
contracts out any function or activity for which funding
levels were requested for Federal full-time equivalents in
the object classification tables contained in the fiscal year
2009 Budget Appendix for the Department of Homeland Security,
as modified by the explanatory statement accompanying this
Act, unless the Committees on Appropriations of the Senate
and the House of Representatives are notified 15 days in
advance of such reprogramming of funds.
(b) None of the funds provided by this Act, provided by
previous appropriations Acts to the agencies in or
transferred to the Department of Homeland Security that
remain available for obligation or expenditure in fiscal year
2009, or provided from any accounts in the Treasury of the
United States derived by the collection of fees or proceeds
available to the agencies funded by this Act, shall be
available for obligation or expenditure for programs,
projects, or activities through a reprogramming of funds in
excess of $5,000,000 or 10 percent, whichever is less, that:
(1) augments existing programs, projects, or activities; (2)
reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by the Congress; or (3) results from any general
savings from a reduction in personnel that would result in a
change in existing programs, projects, or activities as
approved by the Congress, unless the Committees on
Appropriations of the Senate and the House of Representatives
are notified 15 days in advance of such reprogramming of
funds.
(c) Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Homeland Security by this Act or provided by previous
appropriations Acts may be transferred between such
appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by such transfers: Provided, That any
transfer under this section shall be treated as a
reprogramming of funds under subsection (b) and shall not be
available for obligation unless the Committees on
Appropriations of the Senate and the House of Representatives
are notified 15 days in advance of such transfer.
(d) Notwithstanding subsections (a), (b), and (c) of this
section, no funds shall be reprogrammed within or transferred
between appropriations after June 30, except in extraordinary
circumstances that imminently threaten the safety of human
life or the protection of property.
(e) Within 90 days after the date of enactment of this Act,
the Secretary of Homeland Security shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives a report listing all dollar amounts specified
in this Act and accompanying explanatory statement that are
identified in the detailed funding table at the end of the
explanatory statement accompanying this Act or any other
amounts specified in this Act or accompanying explanatory
statement: Provided, That such dollar amounts specified in
this Act and accompanying explanatory statement shall be
subject to the conditions and requirements of subsections
(a), (b), and (c) of this section.
Sec. 504. The Department of Homeland Security Working
Capital Fund, established pursuant to section 403 of Public
Law 103-356 (31 U.S.C. 501 note), shall continue operations
as a permanent working capital fund for fiscal year 2009:
Provided, That none of the funds appropriated or otherwise
made available to the Department of Homeland Security may be
used to make payments to the Working Capital Fund, except for
the activities and amounts allowed in the President's fiscal
year 2009 budget: Provided further, That funds provided to
the Working Capital Fund shall be available for obligation
until expended to carry out the purposes of the Working
Capital Fund: Provided further, That all departmental
components shall be charged only for direct usage of each
Working Capital Fund service: Provided further, That funds
provided to the Working Capital Fund shall be used only for
purposes consistent with the contributing component: Provided
further, That such fund shall be paid in advance or
reimbursed at rates which will return the full cost of each
service: Provided further, That the Working Capital Fund
shall be subject to the requirements of section 503 of this
Act.
Sec. 505. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining
available at the end of fiscal year 2009 from appropriations
for salaries and expenses for fiscal year 2009 in this Act
shall remain available through September 30, 2010, in the
account and for the purposes for which the appropriations
were provided: Provided, That prior to the obligation of such
funds, a request shall be submitted to the Committees on
Appropriations of the Senate and the House of Representatives
for approval in accordance with section 503 of this Act.
Sec. 506. Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Security
Act of 1947 (50 U.S.C. 414) during fiscal year 2009 until the
enactment of an Act authorizing intelligence activities for
fiscal year 2009.
Sec. 507. None of the funds made available by this Act may
be used to make a grant allocation, discretionary grant
award, discretionary contract award, or to issue a letter of
intent totaling in excess of $1,000,000, or to announce
publicly the intention to make such an award, including a
contract covered by the Federal Acquisition Regulation,
unless the Secretary of Homeland Security notifies the
Committees on Appropriations of the Senate and the House of
Representatives at least 3 full business days in advance of
making such an award or issuing such a letter: Provided, That
if the Secretary of Homeland Security determines that
compliance with this section would pose a substantial risk to
human life, health, or safety, an award may be made without
notification and the Committees on Appropriations of the
Senate and the House of Representatives shall be notified not
later than 5 full business days after such an award is made
or letter issued: Provided further, That no notification
shall involve funds that are not available for obligation:
Provided further, That the notification shall include the
amount of the award, the fiscal year in which the funds for
the award were appropriated, and the account from which the
funds are being drawn: Provided further, That the Federal
Emergency Management Agency shall brief the Committees on
Appropriations of the Senate and the House of Representatives
5 full business days in advance of announcing publicly the
intention of making an award under the State Homeland
Security Grant Program; Urban Area Security Initiative; and
the Regional Catastrophic Preparedness Grant Program.
Sec. 508. Notwithstanding any other provision of law, no
agency shall purchase, construct, or lease any additional
facilities, except within or contiguous to existing
locations, to be used for the purpose of conducting Federal
law enforcement training without the advance approval of the
Committees on Appropriations of the Senate and the House of
Representatives, except that the Federal Law Enforcement
Training Center is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement
for training which cannot be accommodated in existing Center
facilities.
Sec. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any
construction, repair, alteration, or acquisition project for
which a prospectus otherwise required under chapter 33 of
title 40, United States Code, has not been approved, except
that necessary funds may be expended for each project for
required expenses for the development of a proposed
prospectus.
Sec. 510. Sections 519, 520, 522, 528, 530, and 531 of the
Department of Homeland Security Appropriations Act, 2008
(division E of Public Law 110-161; 121 Stat. 2072, 2073,
2074, 2082) shall apply with respect to funds made available
in this Act in the same manner as such sections applied to
funds made available in that Act.
Sec. 511. None of the funds in this Act may be used in
contravention of the applicable provisions of the Buy
American Act (41 U.S.C. 10a et seq.).
Sec. 512. (a) None of the funds provided by this or
previous appropriations Acts may be obligated for deployment
or implementation, on other than a test basis, of the Secure
Flight program or any other follow-on or successor passenger
prescreening program, until the Secretary of Homeland
Security certifies, and the Government Accountability Office
reports, to the Committees on Appropriations of the Senate
and the House of Representatives, that all ten of the
conditions contained in paragraphs (1) through (10) of
section 522(a) of Public Law 108-334 (118 Stat. 1319) have
been successfully met.
(b) The report required by subsection (a) shall be
submitted within 90 days after the Secretary provides the
requisite certification, and periodically thereafter, if
necessary, until the Government Accountability Office
confirms that all ten conditions have been successfully met.
(c) Within 90 days after the date of enactment of this Act,
the Secretary of Homeland Security shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives a detailed plan that describes: (1) the dates
for achieving key milestones, including the date or
timeframes that the Secretary will certify the program under
subsection (a); and (2) the methodology to be followed to
support the Secretary's certification, as required under
subsection (a).
(d) During the testing phase permitted by subsection (a),
no information gathered from passengers, foreign or domestic
air carriers, or reservation systems may be used to screen
aviation passengers, or delay or deny boarding to such
passengers, except in instances where passenger names are
matched to a Government watch list.
(e) None of the funds provided in this or previous
appropriations Acts may be utilized to develop or test
algorithms assigning risk to passengers whose names are not
on Government watch lists.
(f) None of the funds provided in this or any other Act may
be used for data or a database that is obtained from or
remains under the control of a non-Federal entity:
[[Page 21003]]
Provided, That this restriction shall not apply to Passenger
Name Record data obtained from air carriers.
Sec. 513. None of the funds made available in this Act may
be used to amend the oath of allegiance required by section
337 of the Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 514. None of the funds appropriated by this Act may be
used to process or approve a competition under Office of
Management and Budget Circular A-76 for services provided as
of June 1, 2004, by employees (including employees serving on
a temporary or term basis) of United States Citizenship and
Immigration Services of the Department of Homeland Security
who are known as of that date as Immigration Information
Officers, Contact Representatives, or Investigative
Assistants.
Sec. 515. (a) The Secretary of Homeland Security shall
research, develop, and procure new technologies to inspect
and screen air cargo carried on passenger aircraft by the
earliest date possible.
(b) Existing checked baggage explosive detection equipment
and screeners shall be utilized to screen air cargo carried
on passenger aircraft to the greatest extent practicable at
each airport until technologies developed under subsection
(a) are available.
(c) The Assistant Secretary of Homeland Security
(Transportation Security Administration) shall work with air
carriers and airports to ensure that the screening of cargo
carried on passenger aircraft, as defined in section
44901(g)(5) of title 49, United States Code, increases
incrementally each quarter.
(d) Not later than 45 days after the end of each quarter,
the Assistant Secretary shall submit to the Committees on
Appropriations of the Senate and the House of Representatives
a report on air cargo inspection statistics by airport and
air carrier detailing the incremental progress being made to
meet the requirements of section 44901(g)(2) of title 49,
United States Code.
Sec. 516. Except as provided in section 44945 of title 49,
United States Code, funds appropriated or transferred to
Transportation Security Administration ``Aviation Security'',
``Administration'' and ``Transportation Security Support''
for fiscal years 2004, 2005, 2006, and 2007 that are
recovered or deobligated shall be available only for the
procurement or installation of explosives detection systems,
for air cargo, baggage, and checkpoint screening systems,
subject to notification: Provided, That quarterly reports
shall be submitted to the Committees on Appropriations of the
Senate and the House of Representatives on any funds that are
recovered or deobligated.
Sec. 517. Any funds appropriated to United States Coast
Guard, ``Acquisition, Construction, and Improvements'' for
fiscal years 2002, 2003, 2004, 2005, and 2006 for the 110-123
foot patrol boat conversion that are recovered, collected, or
otherwise received as the result of negotiation, mediation,
or litigation, shall be available until expended for the
Replacement Patrol Boat (FRC-B) program.
Sec. 518. (a)(1) Except as provided in paragraph (2), none
of the funds provided in this or any other Act shall be
available to commence or continue operations of the National
Applications Office until--
(A) the Secretary certifies in fiscal year 2009 that: (i)
National Applications Office programs comply with all
existing laws, including all applicable privacy and civil
liberties standards; and, (ii) that clear definitions of all
proposed domains are established and are auditable;
(B) the Comptroller General of the United States notifies
the Committees on Appropriations of the Senate and the House
of Representatives and the Secretary that the Comptroller has
reviewed such certification; and
(C) the Secretary notifies the Committees of all funds to
be expended on the National Applications Office pursuant to
section 503 of this Act.
(2) Paragraph (1) shall not apply with respect to any use
of funds for activities substantially similar to such
activities conducted by the Department of the Interior as set
forth in the 1975 charter for the Civil Applications
Committee under the provisions of law codified at section 31
of title 43, United States Code.
(b) The Inspector General shall provide to the Committees
on Appropriations of the Senate and the House of
Representatives, starting six months after the date of
enactment of this Act, and quarterly thereafter, a classified
report containing a review of the data collected by the
National Applications Office, including a description of the
collection purposes and the legal authority under which the
collection activities were authorized: Provided, That the
report shall also include a listing of all data collection
activities carried out on behalf of the National Applications
Office by any component of the National Guard.
(c) None of the funds provided in this or any other Act
shall be available to commence operations of the National
Immigration Information Sharing Operation until the Secretary
certifies that such program complies with all existing laws,
including all applicable privacy and civil liberties
standards, the Comptroller General of the United States
notifies the Committees on Appropriations of the Senate and
the House of Representatives and the Secretary that the
Comptroller has reviewed such certification, and the
Secretary notifies the Committees on Appropriations of the
Senate and the House of Representatives of all funds to be
expended on the National Immigration Information Sharing
Operation pursuant to section 503.
Sec. 519. Within 45 days after the close of each month, the
Chief Financial Officer of the Department of Homeland
Security shall submit to the Committees on Appropriations of
the Senate and the House of Representatives a monthly budget
and staffing report that includes total obligations, on-board
versus funded full-time equivalent staffing levels, and the
number of contract employees by office.
Sec. 520. Section 532(a) of Public Law 109-295 (120 Stat.
1384) is amended by striking ``2008'' and inserting ``2009''.
Sec. 521. The functions of the Federal Law Enforcement
Training Center instructor staff shall be classified as
inherently governmental for the purpose of the Federal
Activities Inventory Reform Act of 1998 (31 U.S.C. 501 note).
Sec. 522. (a) None of the funds provided by this or any
other Act may be obligated for the development, testing,
deployment, or operation of any portion of a human resources
management system authorized by 5 U.S.C. 9701(a), or by
regulations prescribed pursuant to such section, for an
employee as defined in 5 U.S.C. 7103(a)(2).
(b) The Secretary of Homeland Security shall collaborate
with employee representatives in the manner prescribed in 5
U.S.C. 9701(e), in the planning, testing, and development of
any portion of a human resources management system that is
developed, tested, or deployed for persons excluded from the
definition of employee as that term is defined in 5 U.S.C.
7103(a)(2).
Sec. 523. In fiscal year 2009, none of the funds made
available in this or any other Act may be used to enforce
section 4025(1) of Public Law 108-458 unless the Assistant
Secretary of Homeland Security (Transportation Security
Administration) reverses the determination of July 19, 2007,
that butane lighters are not a significant threat to civil
aviation security.
Sec. 524. Funds made available in this Act may be used to
alter operations within the Civil Engineering Program of the
Coast Guard nationwide, including civil engineering units,
facilities design and construction centers, maintenance and
logistics commands, and the Coast Guard Academy, except that
none of the funds provided in this Act may be used to reduce
operations within any Civil Engineering Unit unless
specifically authorized by a statute enacted after the date
of the enactment of this Act.
Sec. 525. (a) Except as provided in subsection (b), none of
the funds appropriated in this or any other Act to the Office
of the Secretary and Executive Management, the Office of the
Under Secretary for Management, or the Office of the Chief
Financial Officer, may be obligated for a grant or contract
funded under such headings by a means other than full and
open competition.
(b) Subsection (a) does not apply to obligation of funds
for a contract awarded--
(1) by a means that is required by a Federal statute,
including obligation for a purchase made under a mandated
preferential program, such as the AbilityOne Program, that is
authorized under the Javits-Wagner-O'Day Act (41 U.S.C. 46 et
seq.);
(2) under the Small Business Act (15 U.S.C. 631 et seq.);
(3) in an amount less than the simplified acquisition
threshold described under section 302A(a) of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
252a(a)); or
(4) by another Federal agency using funds provided through
an interagency agreement.
(c)(1) Subject to paragraph (2), the Secretary of Homeland
Security may waive the application of this section for the
award of a contract in the interest of national security or
if failure to do so would pose a substantial risk to human
health or welfare.
(2) Not later than 5 days after the date on which the
Secretary of Homeland Security issues a waiver under this
subsection, the Secretary shall submit notification of that
waiver to the Committees on Appropriations of the Senate and
the House of Representatives, including a description of the
applicable contract and an explanation of why the waiver
authority was used. The Secretary may not delegate the
authority to grant such a waiver.
(d) In addition to the requirements established by this
section, the Inspector General for the Department of Homeland
Security shall review departmental contracts awarded through
other than full and open competition to assess departmental
compliance with applicable laws and regulations: Provided,
That the Inspector General shall review selected contracts
awarded in the previous fiscal year through other than full
and open competition: Provided further, That in determining
which contracts to review, the Inspector General shall
consider the cost and complexity of the goods and services to
be provided under the contract, the criticality of the
contract to fulfilling Department missions, past performance
problems on similar
[[Page 21004]]
contracts or by the selected vendor, complaints received
about the award process or contractor performance, and such
other factors as the Inspector General deems relevant:
Provided further, That the Inspector General shall report the
results of the reviews to the Committees on Appropriations of
the Senate and the House of Representatives.
Sec. 526. None of the funds provided by this or previous
appropriations Acts shall be used to fund any position
designated as a Principal Federal Official for any Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.) declared disasters or emergencies.
Sec. 527. None of the funds made available in this Act may
be used by United States Citizenship and Immigration Services
to grant an immigration benefit unless the results of
background checks required by law to be completed prior to
the granting of the benefit have been received by United
States Citizenship and Immigration Services, and the results
do not preclude the granting of the benefit.
Sec. 528. None of the funds made available in this Act may
be used to destroy or put out to pasture any horse or other
equine belonging to the Federal Government that has become
unfit for service, unless the trainer or handler is first
given the option to take possession of the equine through an
adoption program that has safeguards against slaughter and
inhumane treatment.
Sec. 529. None of the funds provided in this Act shall be
available to carry out section 872 of Public Law 107-296.
Sec. 530. None of the funds provided in this Act under the
heading ``Office of the Chief Information Officer'' shall be
used for data center development other than for the National
Center for Critical Information Processing and Storage until
the Chief Information Officer certifies that the National
Center for Critical Information Processing and Storage is
fully utilized as the Department's primary data storage
center at the highest capacity throughout the fiscal year.
Sec. 531. None of the funds in this Act shall be used to
reduce the United States Coast Guard's Operations Systems
Center mission or its government-employed or contract staff
levels.
Sec. 532. None of the funds appropriated by this Act may be
used to conduct, or to implement the results of, a
competition under Office of Management and Budget Circular A-
76 for activities performed with respect to the Coast Guard
National Vessel Documentation Center.
Sec. 533. The Secretary of Homeland Security shall require
that all contracts of the Department of Homeland Security
that provide award fees link such fees to successful
acquisition outcomes (which outcomes shall be specified in
terms of cost, schedule, and performance).
Sec. 534. None of the funds made available to the Office of
the Secretary and Executive Management under this Act may be
expended for any new hires by the Department of Homeland
Security that are not verified through the basic pilot
program under section 401 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a
note).
Sec. 535. None of the funds made available in this Act for
U.S. Customs and Border Protection may be used to prevent an
individual not in the business of importing a prescription
drug (within the meaning of section 801(g) of the Federal
Food, Drug, and Cosmetic Act) from importing a prescription
drug from Canada that complies with the Federal Food, Drug,
and Cosmetic Act: Provided, That this section shall apply
only to individuals transporting on their person a personal-
use quantity of the prescription drug, not to exceed a 90-day
supply: Provided further, That the prescription drug may not
be--
(1) a controlled substance, as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
Sec. 536. None of the funds made available in this Act may
be used by the Secretary of Homeland Security or any delegate
of the Secretary to issue any rule or regulation which
implements the Notice of Proposed Rulemaking related to
Petitions for Aliens To Perform Temporary Nonagricultural
Services or Labor (H-2B) set out beginning on 70 Fed. Reg.
3984 (January 27, 2005).
Sec. 537. Section 831 of the Homeland Security Act of 2002
(6 U.S.C. 391) is amended--
(1) in subsection (a), by striking ``Until September 30,
2008,'' and inserting ``Until September 30, 2009 and subject
to subsection (d),'';
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c) the following:
``(d) Additional Requirements.--
``(1) In general.--The authority of the Secretary under
this section shall terminate September 30, 2009, unless
before that date the Secretary--
``(A) issues policy guidance detailing the appropriate use
of that authority; and
``(B) provides training to each employee that is authorized
to exercise that authority.
``(2) Report.--The Secretary shall provide an annual report
to the Committees on Appropriations of the Senate and the
House of Representatives, the Committee on Homeland Security
and Governmental Affairs of the Senate, and the Committee on
Homeland Security of the House of Representatives detailing
the projects for which the authority granted by subsection
(a) was used, the rationale for its use, the funds spent
using that authority, the outcome of each project for which
that authority was used, and the results of any audits of
such projects.''.
Sec. 538. None of the funds made available in this Act may
be used for planning, testing, piloting, or developing a
national identification card.
Sec. 539. (a) Notwithstanding any other provision of this
Act, except as provided in subsection (b), and 30 days after
the date that the President determines whether to declare a
major disaster because of an event and any appeal is
completed, the Administrator shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate, the
Committee on Homeland Security of the House of
Representatives, the Committee on Transportation and
Infrastructure of the House of Representatives, the
Committees on Appropriations of the Senate and the House of
Representatives, and publish on the website of the Federal
Emergency Management Agency, a report regarding that
decision, which shall summarize damage assessment information
used to determine whether to declare a major disaster.
(b) The Administrator may redact from a report under
subsection (a) any data that the Administrator determines
would compromise national security.
(c) In this section--
(1) the term ``Administrator'' means the Administrator of
the Federal Emergency Management Agency; and
(2) the term ``major disaster'' has the meaning given that
term in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122).
Sec. 540. Notwithstanding any other provision of law,
should the Secretary of Homeland Security determine that the
National Bio and Agro-defense Facility be located at a site
other than Plum Island, New York, the Secretary shall
liquidate the Plum Island asset by directing the
Administrator of General Services to sell through public sale
all real and related personal property and transportation
assets which support Plum Island operations, subject to such
terms and conditions as necessary to protect government
interests and meet program requirements: Provided, That the
gross proceeds of such sale shall be deposited as offsetting
collections into the Department of Homeland Security Science
and Technology ``Research, Development, Acquisition, and
Operations'' account and, subject to appropriation, shall be
available until expended, for site acquisition, construction,
and costs related to the construction of the National Bio and
Agro-defense Facility, including the costs associated with
the sale, including due diligence requirements, necessary
environmental remediation at Plum Island, and reimbursement
of expenses incurred by the General Services Administration
which shall not exceed 1 percent of the sale price: Provided
further, That after the completion of construction and
environmental remediation, the unexpended balances of funds
appropriated for costs in the preceding proviso shall be
available for transfer to the appropriate account for design
and construction of a consolidated Department of Homeland
Security Headquarters project, excluding daily operations and
maintenance costs, notwithstanding section 503 of this Act,
and the Committees on Appropriations of the Senate and the
House of Representatives shall be notified 15 days prior to
such transfer.
Sec. 541. Any official that is required by this Act to
report or certify to the Committees on Appropriations of the
Senate and the House of Representatives may not delegate such
authority to perform that act unless specifically authorized
herein.
Sec. 542. The Secretary of Homeland Security, in
consultation with the Secretary of the Treasury, shall notify
the Committees on Appropriations of the Senate and the House
of Representatives of any proposed transfers of funds
available under 31 U.S.C. 9703.2(g)(4)(B) from the Department
of the Treasury Forfeiture Fund to any agency within the
Department of Homeland Security: Provided, That none of the
funds identified for such a transfer may be obligated until
the Committees on Appropriations of the Senate and the House
of Representatives approve the proposed transfers.
Sec. 543. Section 520 of Public Law 108-90 (6 U.S.C. 469)
is amended--
(1) by inserting ``(a) Fees.--'' before ``For fiscal year
2004 and thereafter''; and
(2) by adding at the end the following:
``(b) Recurrent Training of Aliens in Operation of
Aircraft.--
``(1) Process for reviewing threat assessments.--
Notwithstanding section 44939(e) of title 49, United States
Code, the Secretary shall establish a process to ensure that
an alien (as defined in section 101(a)(3) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(3)) applying for
recurrent training in the operation of any aircraft is
[[Page 21005]]
properly identified and has not, since the time of any prior
threat assessment conducted pursuant to section 44939(a) of
such title, become a risk to aviation or national security.
``(2) Interruption of training.--If the Secretary
determines, in carrying out the process established under
paragraph (1), that an alien is a present risk to aviation or
national security, the Secretary shall immediately notify the
person providing the training of the determination and that
person shall not provide the training or if such training has
commenced that person shall immediately terminate the
training.
``(3) Fees.--The Secretary may charge reasonable fees under
subsection (a) for providing credentialing and background
investigations for aliens in connection with the process for
recurrent training established under paragraph (1). Such fees
shall be promulgated by notice in the Federal Register.''.
Sec. 544. (a) Not later than six months from the date of
enactment of this Act, the Secretary of Homeland Security
shall consult with the Secretaries of Defense and
Transportation and develop a concept of operations for
unmanned aerial systems in the United States national
airspace system for the purposes of border and maritime
security operations.
(b) The Secretary of Homeland Security shall report to the
Committees on Appropriations of the Senate and the House of
Representatives not later than 30 days after the date of
enactment of this Act on any foreseeable challenges to
complying with subsection (a).
Sec. 545. If the Assistant Secretary of Homeland Security
(Transportation Security Administration) determines that an
airport does not need to participate in the basic pilot
program, the Assistant Secretary shall certify to the
Committees on Appropriations of the Senate and the House of
Representatives that no security risks will result by such
non-participation.
Sec. 546. Notwithstanding any other provision of law, and
not later than 30 days after the date of submission of a
request for a single payment, the President shall provide a
single payment for any eligible costs under section 406 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5172) for any police station, fire
station, or criminal justice facility that was damaged by
Hurricane Katrina of 2005 or Hurricane Rita of 2005:
Provided, That the President shall not reduce the amount of
assistance provided under section 406(c)(1) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5172(c)(1)) for such facilities: Provided further,
That nothing in the previous proviso may be construed to
alter the appeal or review process relating to assistance
provided under section 406 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5172):
Provided further, That the President shall not reduce the
amount of assistance provided to a local government under
section 406(d) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5172(d)) more than once
for each such type of facility for which that local
government is receiving assistance under section 406 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act relating to Hurricane Katrina of 2005 or Hurricane Rita
of 2005.
Sec. 547. For grants to States pursuant to section 204(a)
of the REAL ID Act of 2005 (division B of Public Law 109-13),
$50,000,000, to remain available until expended. In addition,
for developing an information sharing and verification
capability with States to support implementation of the REAL
ID Act, $50,000,000, to remain available until expended:
Provided, That none of the funds provided in this section for
development of the information sharing and verification
system shall be available to create any new system of records
from the data accessible by such information technology
system, or to create any means of access by Federal agencies
to such information technology system other than to fulfill
responsibilities pursuant to the REAL ID Act of 2005.
Sec. 548. Notwithstanding any other provision of law, the
Federal Emergency Management Agency shall reimburse Jones
County and Harrison County in the State of Mississippi under
section 407 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5173) for unreimbursed
costs relating to the removal of debris that were incurred by
such counties as a result of Hurricane Katrina in 2005.
Sec. 549. From the unobligated balances of prior year
appropriations made available for Transportation Security
Administration, $31,000,000 are rescinded: Provided, That the
Transportation Security Administration shall not rescind any
unobligated balances from the following programs: screener
partnership program; explosives detection systems; checkpoint
support; aviation regulation and other enforcement; air
cargo; and air cargo research and development.
Sec. 550. From the unobligated balances of prior year
appropriations made available for ``Analysis and
Operations'', $21,373,000 are rescinded.
Sec. 551. From unobligated balances of prior year
appropriations made available for Coast Guard ``Acquisition,
Construction, and Improvements'', $20,000,000 are rescinded:
Provided, That no funds shall be rescinded from prior year
appropriations provided for the National Security Cutter or
the Maritime Patrol Aircraft: Provided further, That the
Coast Guard shall submit notification in accordance with
section 503 of this Act listing projects for which funding
will be rescinded.
Sec. 552. For fiscal year 2008, funds made available for
Federal Emergency Management Agency ``National Predisaster
Mitigation Fund'' shall be provided as detailed in the
explanatory statement accompanying Public Law 110-161.
Sec. 553. Section 203(m) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5133(m)) is
amended by striking ``September 30, 2008'' and inserting
``September 30, 2009''.
This division may be cited as the ``Department of Homeland
Security Appropriations Act, 2009''.
DIVISION E--MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED
AGENCIES APPROPRIATIONS ACT, 2009
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for military
construction, the Department of Veterans Affairs, and related
agencies for the fiscal year ending September 30, 2009, and
for other purposes, namely:
TITLE I
DEPARTMENT OF DEFENSE
Military Construction, Army
(including rescissions of funds)
For acquisition, construction, installation, and equipment
of temporary or permanent public works, military
installations, facilities, and real property for the Army as
currently authorized by law, including personnel in the Army
Corps of Engineers and other personal services necessary for
the purposes of this appropriation, and for construction and
operation of facilities in support of the functions of the
Commander in Chief, $4,692,648,000, to remain available until
September 30, 2013: Provided, That of this amount, not to
exceed $178,685,000 shall be available for study, planning,
design, architect and engineer services, and host nation
support, as authorized by law, unless the Secretary of
Defense determines that additional obligations are necessary
for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further,
That the amount appropriated in this paragraph shall be for
the projects and activities, and in the amounts, specified
under the heading ``Military Construction, Army'', and under
the headings ``Army'' in the table entitled ``Military
Construction'', in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act): Provided further, That of the funds
appropriated for ``Military Construction, Army'' under Public
Law 110-5, $34,720,000 are hereby rescinded: Provided
further, That of the funds appropriated for ``Military
Construction, Army'' under Public Law 110-161, $16,600,000
are hereby rescinded.
Military Construction, Navy and Marine Corps
For acquisition, construction, installation, and equipment
of temporary or permanent public works, naval installations,
facilities, and real property for the Navy and Marine Corps
as currently authorized by law, including personnel in the
Naval Facilities Engineering Command and other personal
services necessary for the purposes of this appropriation,
$3,333,369,000, to remain available until September 30, 2013:
Provided, That of this amount, not to exceed $246,528,000
shall be available for study, planning, design, and architect
and engineer services, as authorized by law, unless the
Secretary of Defense determines that additional obligations
are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further,
That the amount appropriated in this paragraph shall be for
the projects and activities, and in the amounts, specified
under the heading ``Military Construction, Navy and Marine
Corps'', and under the headings ``Navy'' in the table
entitled ``Military Construction'', in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
Military Construction, Air Force
(including rescission of funds)
For acquisition, construction, installation, and equipment
of temporary or permanent public works, military
installations, facilities, and real property for the Air
Force as currently authorized by law, $1,117,746,000, to
remain available until September 30, 2013: Provided, That of
this amount, not to exceed $93,436,000 shall be available for
study, planning, design, and architect and engineer services,
as authorized by law, unless the Secretary of Defense
determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of
both Houses of Congress of the determination and the reasons
therefor: Provided further, That the amount appropriated in
this paragraph shall be for the projects
[[Page 21006]]
and activities, and in the amounts, specified under the
heading ``Military Construction, Air Force'', and under the
headings ``Air Force'' in the table entitled ``Military
Construction'', in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act): Provided further, That of the funds
appropriated for ``Military Construction, Air Force'' under
Public Law 110-161, $20,821,000 are hereby rescinded.
Military Construction, Defense-Wide
(including transfer and rescission of funds)
For acquisition, construction, installation, and equipment
of temporary or permanent public works, installations,
facilities, and real property for activities and agencies of
the Department of Defense (other than the military
departments), as currently authorized by law, $1,695,204,000,
to remain available until September 30, 2013: Provided, That
such amounts of this appropriation as may be determined by
the Secretary of Defense may be transferred to such
appropriations of the Department of Defense available for
military construction or family housing as the Secretary may
designate, to be merged with and to be available for the same
purposes, and for the same time period, as the appropriation
or fund to which transferred: Provided further, That of the
amount appropriated, not to exceed $186,060,000 shall be
available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Secretary
of Defense determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further,
That the amount appropriated in this paragraph shall be for
the projects and activities, and in the amounts, specified
under the heading ``Military Construction, Defense-Wide'',
and under the headings ``Defense-Wide'' in the table entitled
``Military Construction'', in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act): Provided further, That of the funds
appropriated for ``Military Construction, Defense-Wide''
under Public Law 108-324, $3,589,000 are hereby rescinded:
Provided further, That none of the funds appropriated under
this heading may be obligated or expended for site activation
or construction of a long-range missile defense system in a
European country until the government of the country in which
such missile defense system (including interceptors and
associated radars) is proposed to be deployed has given final
approval (including parliamentary ratification) to any
missile defense agreements negotiated between such government
and the United States Government concerning the proposed
deployment of such components in such country.
Military Construction, Army National Guard
(including rescission of funds)
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Army National Guard, and contributions
therefor, as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$736,317,000, to remain available until September 30, 2013:
Provided, That the amount appropriated in this paragraph
shall be for the projects and activities, and in the amounts,
specified under the heading ``Military Construction, Army
National Guard'', and under the headings ``Army National
Guard'' in the table entitled ``Military Construction'', in
the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act):
Provided further, That of the funds appropriated for
``Military Construction, Army National Guard'' under Public
Law 110-161, $1,400,000 are hereby rescinded.
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Air National Guard, and contributions
therefor, as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$242,924,000, to remain available until September 30, 2013:
Provided, That the amount appropriated in this paragraph
shall be for the projects and activities, and in the amounts,
specified under the heading ``Military Construction, Air
National Guard'', and under the headings ``Air National
Guard'' in the table entitled ``Military Construction'', in
the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Army Reserve as authorized by chapter
1803 of title 10, United States Code, and Military
Construction Authorization Acts, $282,607,000, to remain
available until September 30, 2013 Provided, That the amount
appropriated in this paragraph shall be for the projects and
activities, and in the amounts, specified under the heading
``Military Construction, Army Reserve'', and under the
headings ``Army Reserve'' in the table entitled ``Military
Construction'', in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act).
Military Construction, Navy Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the reserve components of the Navy and
Marine Corps as authorized by chapter 1803 of title 10,
United States Code, and Military Construction Authorization
Acts, $57,045,000, to remain available until September 30,
2013 Provided, That the amount appropriated in this paragraph
shall be for the projects and activities, and in the amounts,
specified under the heading ``Military Construction, Navy
Reserve'', and under the headings ``Navy Reserve'' in the
table entitled ``Military Construction'', in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Air Force Reserve as authorized by
chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts, $36,958,000, to remain
available until September 30, 2013 Provided, That the amount
appropriated in this paragraph shall be for the projects and
activities, and in the amounts, specified under the heading
``Military Construction, Air Force Reserve'', and under the
headings ``Air Force Reserve'' in the table entitled
``Military Construction'', in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act).
North Atlantic Treaty Organization
Security Investment Program
For the United States share of the cost of the North
Atlantic Treaty Organization Security Investment Program for
the acquisition and construction of military facilities and
installations (including international military headquarters)
and for related expenses for the collective defense of the
North Atlantic Treaty Area as authorized by section 2806 of
title 10, United States Code, and Military Construction
Authorization Acts, $230,867,000, to remain available until
expended.
Family Housing Construction, Army
For expenses of family housing for the Army for
construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$646,580,000, to remain available until September 30, 2013:
Provided, That the amount appropriated in this paragraph
shall be for the projects and activities, and in the amounts,
specified under the heading ``Family Housing Construction,
Army'', and under the heading ``Family Housing Construction,
Army'' in the table entitled ``Military Construction'', in
the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation
and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance
premiums, as authorized by law, $716,110,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine
Corps for construction, including acquisition, replacement,
addition, expansion, extension, and alteration, as authorized
by law, $380,123,000, to remain available until September 30,
2013: Provided, That the amount appropriated in this
paragraph shall be for the projects and activities, and in
the amounts, specified under the heading ``Family Housing
Construction, Navy and Marine Corps'', and under the heading
``Family Housing Construction, Navy and Marine Corps'' in the
table entitled ``Military Construction'', in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine
Corps for operation and maintenance, including debt payment,
leasing, minor construction, principal and interest charges,
and insurance premiums, as authorized by law, $376,062,000.
Family Housing Construction, Air Force
For expenses of family housing for the Air Force for
construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$395,879,000, to remain available until September 30, 2013:
Provided, That the amount appropriated in this paragraph
shall be for the projects and activities, and in the amounts,
specified under the heading ``Family Housing Construction,
Air Force'', and under the heading ``Family Housing
Construction, Air Force'' in the table entitled ``Military
Construction'', in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act).
[[Page 21007]]
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for
operation and maintenance, including debt payment, leasing,
minor construction, principal and interest charges, and
insurance premiums, as authorized by law, $594,465,000.
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and
agencies of the Department of Defense (other than the
military departments) for operation and maintenance, leasing,
and minor construction, as authorized by law, $49,231,000.
Department of Defense Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement
Fund, $850,000, to remain available until expended, for
family housing initiatives undertaken pursuant to section
2883 of title 10, United States Code, providing alternative
means of acquiring and improving military family housing and
supporting facilities.
Homeowners Assistance Fund
For the Homeowners Assistance Fund established by section
1013 of the Demonstration Cities and Metropolitan Development
Act of 1966, as amended (42 U.S.C. 3374), $4,500,000, to
remain available until expended.
Chemical Demilitarization Construction, Defense-Wide
For expenses of construction, not otherwise provided for,
necessary for the destruction of the United States stockpile
of lethal chemical agents and munitions in accordance with
section 1412 of the Department of Defense Authorization Act,
1986 (50 U.S.C. 1521), and for the destruction of other
chemical warfare materials that are not in the chemical
weapon stockpile, as currently authorized by law,
$144,278,000, to remain available until September 30, 2013,
which shall be only for the Assembled Chemical Weapons
Alternatives program: Provided, That the amount appropriated
in this paragraph shall be for the projects and activities,
and in the amounts, specified under the heading ``Chemical
Demilitarization Construction, Defense-Wide'' in the table
entitled ``Military Construction'' in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
Department of Defense Base Closure Account 1990
For deposit into the Department of Defense Base Closure
Account 1990, established by section 2906(a)(1) of the
Defense Base Closure and Realignment Act of 1990 (10 U.S.C.
2687 note), $458,377,000, to remain available until expended.
Department of Defense Base Closure Account 2005
For deposit into the Department of Defense Base Closure
Account 2005, established by section 2906A(a)(1) of the
Defense Base Closure and Realignment Act of 1990 (10 U.S.C.
2687 note), $8,765,613,000, to remain available until
expended: Provided, That the Department of Defense shall
notify the Committees on Appropriations of both Houses of
Congress 14 days prior to obligating an amount for a
construction project that exceeds or reduces the amount
identified for that project in the most recently submitted
budget request for this account by 20 percent or $2,000,000,
whichever is less: Provided further, That the previous
proviso shall not apply to projects costing less than
$5,000,000, except for those projects not previously
identified in any budget submission for this account and
exceeding the minor construction threshold under 10 U.S.C.
2805.
Administrative Provisions
Sec. 101. None of the funds made available in this title
shall be expended for payments under a cost-plus-a-fixed-fee
contract for construction, where cost estimates exceed
$25,000, to be performed within the United States, except
Alaska, without the specific approval in writing of the
Secretary of Defense setting forth the reasons therefor.
Sec. 102. Funds made available in this title for
construction shall be available for hire of passenger motor
vehicles.
Sec. 103. Funds made available in this title for
construction may be used for advances to the Federal Highway
Administration, Department of Transportation, for the
construction of access roads as authorized by section 210 of
title 23, United States Code, when projects authorized
therein are certified as important to the national defense by
the Secretary of Defense.
Sec. 104. None of the funds made available in this title
may be used to begin construction of new bases in the United
States for which specific appropriations have not been made.
Sec. 105. None of the funds made available in this title
shall be used for purchase of land or land easements in
excess of 100 percent of the value as determined by the Army
Corps of Engineers or the Naval Facilities Engineering
Command, except: (1) where there is a determination of value
by a Federal court; (2) purchases negotiated by the Attorney
General or the designee of the Attorney General; (3) where
the estimated value is less than $25,000; or (4) as otherwise
determined by the Secretary of Defense to be in the public
interest.
Sec. 106. None of the funds made available in this title
shall be used to: (1) acquire land; (2) provide for site
preparation; or (3) install utilities for any family housing,
except housing for which funds have been made available in
annual Acts making appropriations for military construction.
Sec. 107. None of the funds made available in this title
for minor construction may be used to transfer or relocate
any activity from one base or installation to another,
without prior notification to the Committees on
Appropriations of both Houses of Congress.
Sec. 108. None of the funds made available in this title
may be used for the procurement of steel for any construction
project or activity for which American steel producers,
fabricators, and manufacturers have been denied the
opportunity to compete for such steel procurement.
Sec. 109. None of the funds available to the Department of
Defense for military construction or family housing during
the current fiscal year may be used to pay real property
taxes in any foreign nation.
Sec. 110. None of the funds made available in this title
may be used to initiate a new installation overseas without
prior notification to the Committees on Appropriations of
both Houses of Congress.
Sec. 111. None of the funds made available in this title
may be obligated for architect and engineer contracts
estimated by the Government to exceed $500,000 for projects
to be accomplished in Japan, in any North Atlantic Treaty
Organization member country, or in countries bordering the
Arabian Sea, unless such contracts are awarded to United
States firms or United States firms in joint venture with
host nation firms.
Sec. 112. None of the funds made available in this title
for military construction in the United States territories
and possessions in the Pacific and on Kwajalein Atoll, or in
countries bordering the Arabian Sea, may be used to award any
contract estimated by the Government to exceed $1,000,000 to
a foreign contractor: Provided, That this section shall not
be applicable to contract awards for which the lowest
responsive and responsible bid of a United States contractor
exceeds the lowest responsive and responsible bid of a
foreign contractor by greater than 20 percent: Provided
further, That this section shall not apply to contract awards
for military construction on Kwajalein Atoll for which the
lowest responsive and responsible bid is submitted by a
Marshallese contractor.
Sec. 113. The Secretary of Defense is to inform the
appropriate committees of both Houses of Congress, including
the Committees on Appropriations, of the plans and scope of
any proposed military exercise involving United States
personnel 30 days prior to its occurring, if amounts expended
for construction, either temporary or permanent, are
anticipated to exceed $100,000.
Sec. 114. Not more than 20 percent of the funds made
available in this title which are limited for obligation
during the current fiscal year shall be obligated during the
last two months of the fiscal year.
(including transfer of funds)
Sec. 115. Funds appropriated to the Department of Defense
for construction in prior years shall be available for
construction authorized for each such military department by
the authorizations enacted into law during the current
session of Congress.
Sec. 116. For military construction or family housing
projects that are being completed with funds otherwise
expired or lapsed for obligation, expired or lapsed funds may
be used to pay the cost of associated supervision,
inspection, overhead, engineering and design on those
projects and on subsequent claims, if any.
Sec. 117. Notwithstanding any other provision of law, any
funds made available to a military department or defense
agency for the construction of military projects may be
obligated for a military construction project or contract, or
for any portion of such a project or contract, at any time
before the end of the fourth fiscal year after the fiscal
year for which funds for such project were made available, if
the funds obligated for such project: (1) are obligated from
funds available for military construction projects; and (2)
do not exceed the amount appropriated for such project, plus
any amount by which the cost of such project is increased
pursuant to law.
Sec. 118. (a) The Secretary of Defense, in consultation
with the Secretary of State, shall submit to the Committees
on Appropriations of both Houses of Congress, by February 15
of each year, an annual report in unclassified and, if
necessary, classified form, on actions taken by the
Department of Defense and the Department of State during the
previous fiscal year to encourage host countries to assume a
greater share of the common defense burden of such countries
and the United States.
(b) The report under subsection (a) shall include a
description of--
(1) attempts to secure cash and in-kind contributions from
host countries for military construction projects;
(2) attempts to achieve economic incentives offered by host
countries to encourage
[[Page 21008]]
private investment for the benefit of the United States Armed
Forces;
(3) attempts to recover funds due to be paid to the United
States by host countries for assets deeded or otherwise
imparted to host countries upon the cessation of United
States operations at military installations;
(4) the amount spent by host countries on defense, in
dollars and in terms of the percent of gross domestic product
(GDP) of the host country; and
(5) for host countries that are members of the North
Atlantic Treaty Organization (NATO), the amount contributed
to NATO by host countries, in dollars and in terms of the
percent of the total NATO budget.
(c) In this section, the term ``host country'' means other
member countries of NATO, Japan, South Korea, and United
States allies bordering the Arabian Sea.
(including transfer of funds)
Sec. 119. In addition to any other transfer authority
available to the Department of Defense, proceeds deposited to
the Department of Defense Base Closure Account established by
section 207(a)(1) of the Defense Authorization Amendments and
Base Closure and Realignment Act (10 U.S.C. 2687 note)
pursuant to section 207(a)(2)(C) of such Act, may be
transferred to the account established by section 2906(a)(1)
of the Defense Base Closure and Realignment Act of 1990 (10
U.S.C. 2687 note), to be merged with, and to be available for
the same purposes and the same time period as that account.
(including transfer of funds)
Sec. 120. Subject to 30 days prior notification, or 14 days
for a notification provided in an electronic medium pursuant
to sections 480 and 2883, of title 10, United States Code, to
the Committees on Appropriations of both Houses of Congress,
such additional amounts as may be determined by the Secretary
of Defense may be transferred to: (1) the Department of
Defense Family Housing Improvement Fund from amounts
appropriated for construction in ``Family Housing'' accounts,
to be merged with and to be available for the same purposes
and for the same period of time as amounts appropriated
directly to the Fund; or (2) the Department of Defense
Military Unaccompanied Housing Improvement Fund from amounts
appropriated for construction of military unaccompanied
housing in ``Military Construction'' accounts, to be merged
with and to be available for the same purposes and for the
same period of time as amounts appropriated directly to the
Fund: Provided, That appropriations made available to the
Funds shall be available to cover the costs, as defined in
section 502(5) of the Congressional Budget Act of 1974, of
direct loans or loan guarantees issued by the Department of
Defense pursuant to the provisions of subchapter IV of
chapter 169 of title 10, United States Code, pertaining to
alternative means of acquiring and improving military family
housing, military unaccompanied housing, and supporting
facilities.
Sec. 121. (a) Not later than 60 days before issuing any
solicitation for a contract with the private sector for
military family housing the Secretary of the military
department concerned shall submit to the Committees on
Appropriations of both Houses of Congress the notice
described in subsection (b).
(b)(1) A notice referred to in subsection (a) is a notice
of any guarantee (including the making of mortgage or rental
payments) proposed to be made by the Secretary to the private
party under the contract involved in the event of--
(A) the closure or realignment of the installation for
which housing is provided under the contract;
(B) a reduction in force of units stationed at such
installation; or
(C) the extended deployment overseas of units stationed at
such installation.
(2) Each notice under this subsection shall specify the
nature of the guarantee involved and assess the extent and
likelihood, if any, of the liability of the Federal
Government with respect to the guarantee.
(including transfer of funds)
Sec. 122. In addition to any other transfer authority
available to the Department of Defense, amounts may be
transferred from the accounts established by sections
2906(a)(1) and 2906A(a)(1) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), to the fund
established by section 1013(d) of the Demonstration Cities
and Metropolitan Development Act of 1966 (42 U.S.C. 3374) to
pay for expenses associated with the Homeowners Assistance
Program. Any amounts transferred shall be merged with and be
available for the same purposes and for the same time period
as the fund to which transferred.
Sec. 123. Notwithstanding any other provision of law, funds
made available in this title for operation and maintenance of
family housing shall be the exclusive source of funds for
repair and maintenance of all family housing units, including
general or flag officer quarters: Provided, That not more
than $35,000 per unit may be spent annually for the
maintenance and repair of any general or flag officer
quarters without 30 days prior notification to the Committees
on Appropriations of both Houses of Congress, except that an
after-the-fact notification shall be submitted if the
limitation is exceeded solely due to costs associated with
environmental remediation that could not be reasonably
anticipated at the time of the budget submission: Provided
further, That the Under Secretary of Defense (Comptroller) is
to report annually to the Committees on Appropriations of
both Houses of Congress all operation and maintenance
expenditures for each individual general or flag officer
quarters for the prior fiscal year.
Sec. 124. Amounts contained in the Ford Island Improvement
Account established by subsection (h) of section 2814 of
title 10, United States Code, are appropriated and shall be
available until expended for the purposes specified in
subsection (i)(1) of such section or until transferred
pursuant to subsection (i)(3) of such section.
(including transfer of funds)
Sec. 125. None of the funds made available in this title,
or in any Act making appropriations for military construction
which remain available for obligation, may be obligated or
expended to carry out a military construction, land
acquisition, or family housing project at or for a military
installation approved for closure, or at a military
installation for the purposes of supporting a function that
has been approved for realignment to another installation, in
2005 under the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note), unless such a project at a military installation
approved for realignment will support a continuing mission or
function at that installation or a new mission or function
that is planned for that installation, or unless the
Secretary of Defense certifies that the cost to the United
States of carrying out such project would be less than the
cost to the United States of cancelling such project, or if
the project is at an active component base that shall be
established as an enclave or in the case of projects having
multi-agency use, that another Government agency has
indicated it will assume ownership of the completed project.
The Secretary of Defense may not transfer funds made
available as a result of this limitation from any military
construction project, land acquisition, or family housing
project to another account or use such funds for another
purpose or project without the prior approval of the
Committees on Appropriations of both Houses of Congress. This
section shall not apply to military construction projects,
land acquisition, or family housing projects for which the
project is vital to the national security or the protection
of health, safety, or environmental quality: Provided, That
the Secretary of Defense shall notify the congressional
defense committees within seven days of a decision to carry
out such a military construction project.
(including transfer of funds)
Sec. 126. During the 5-year period after appropriations
available in this Act to the Department of Defense for
military construction and family housing operation and
maintenance and construction have expired for obligation,
upon a determination that such appropriations will not be
necessary for the liquidation of obligations or for making
authorized adjustments to such appropriations for obligations
incurred during the period of availability of such
appropriations, unobligated balances of such appropriations
may be transferred into the appropriation ``Foreign Currency
Fluctuations, Construction, Defense'', to be merged with and
to be available for the same time period and for the same
purposes as the appropriation to which transferred.
Sec. 127. None of the funds appropriated or otherwise made
available in this title may be used for any action that is
related to or promotes the expansion of the boundaries or
size of the Pinon Canyon Maneuver Site, Colorado.
Sec. 128. Amounts appropriated or otherwise made available
in an account funded under the headings in this title may be
transferred among projects and activities within that account
in accordance with the reprogramming guidelines for military
construction and family housing construction contained in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), and in the
guidance for military construction reprogrammings and
notifications contained in Department of Defense Financial
Management Regulation 7000.14-R, Volume 3, Chapter 7, of
December 1996, as in effect on the date of enactment of this
Act.
(including transfer of funds)
Sec. 129. (a) Of the amount appropriated or otherwise made
available by this Act for the Department of Defense under the
heading ``Military Construction, Air Force'' and available
for planning and design, the Secretary of the Air Force
shall, in accordance with section 1535 of title 31, United
States Code, transfer $500,000 to the American Battle
Monuments Commission to conduct an engineering study on the
restoration of the Lafayette Escadrille Memorial in Marnes-
La-Coquette, France.
(b) The study conducted pursuant to subsection (a) shall
include:
(1) an estimate of costs to be incurred to restore the
structure, features, landscaped grounds and caretaker's
quarters of the Lafayette Escadrille Memorial to standards
[[Page 21009]]
similar to memorials and burial grounds administered by the
American Battle Monuments Commission; and
(2) an estimate of annual costs for the long-term
preservation, maintenance, and operation of the memorial
under those standards.
(c) The amount transferred under subsection (a) shall
remain available until expended.
Sec. 130. Of the funds provided for ``Family Housing
Construction, Defense-Wide'' under Public Law 110-5,
$6,040,000 are hereby rescinded.
Sec. 131. In addition to amounts otherwise appropriated or
made available under the heading ``Military Construction, Air
National Guard'', there is hereby appropriated an additional
$28,000,000, to remain available until September 30, 2013,
for the construction of Air National Guard fire stations:
Provided, That notwithstanding any other provision of law,
such funds may be obligated and expended to carry out
planning and design and construction not otherwise authorized
by law: Provided further, That within 30 days of enactment of
this Act, and prior to obligation of funds, the Air National
Guard shall submit to the Committees on Appropriations of
both Houses of Congress an expenditure plan for funds
provided under this section.
Sec. 132. In addition to amounts otherwise appropriated or
made available under the heading ``Military Construction,
Army National Guard'', there is hereby appropriated an
additional $147,000,000, to remain available until September
30, 2013, for the construction of facilities consistent with
Army National Guard emerging requirements: Provided, That
notwithstanding any other provision of law, such funds may be
obligated and expended to carry out planning and design and
construction not otherwise authorized by law: Provided
further, That within 30 days of enactment of this Act, and
prior to obligation of funds, the Director of the Army
National Guard shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan
for funds provided under this section.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as
authorized by section 107 and chapters 11, 13, 18, 51, 53,
55, and 61 of title 38, United States Code; pension benefits
to or on behalf of veterans as authorized by chapters 15, 51,
53, 55, and 61 of title 38, United States Code; and burial
benefits, the Reinstated Entitlement Program for Survivors,
emergency and other officers' retirement pay, adjusted-
service credits and certificates, payment of premiums due on
commercial life insurance policies guaranteed under the
provisions of title IV of the Servicemembers Civil Relief Act
(50 U.S.C. App. 541 et seq.) and for other benefits as
authorized by sections 107, 1312, 1977, and 2106, and
chapters 23, 51, 53, 55, and 61 of title 38, United States
Code, $43,111,681,000, to remain available until expended:
Provided, That not to exceed $26,798,000 of the amount
appropriated under this heading shall be reimbursed to
``General operating expenses'', ``Medical support and
compliance'', and ``Information technology systems'' for
necessary expenses in implementing the provisions of chapters
51, 53, and 55 of title 38, United States Code, the funding
source for which is specifically provided as the
``Compensation and pensions'' appropriation: Provided
further, That such sums as may be earned on an actual
qualifying patient basis, shall be reimbursed to ``Medical
care collections fund'' to augment the funding of individual
medical facilities for nursing home care provided to
pensioners as authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits
to or on behalf of veterans as authorized by chapters 21, 30,
31, 33, 34, 35, 36, 39, 51, 53, 55, and 61 of title 38,
United States Code, $3,832,944,000, to remain available until
expended: Provided, That expenses for rehabilitation program
services and assistance which the Secretary is authorized to
provide under subsection (a) of section 3104 of title 38,
United States Code, other than under paragraphs (1), (2),
(5), and (11) of that subsection, shall be charged to this
account.
veterans insurance and indemnities
For military and naval insurance, national service life
insurance, servicemen's indemnities, service-disabled
veterans insurance, and veterans mortgage life insurance as
authorized by title 38, United States Code, chapters 19 and
21, $42,300,000, to remain available until expended.
Veterans Housing Benefit Program Fund
For the cost of direct and guaranteed loans, such sums as
may be necessary to carry out the program, as authorized by
subchapters I through III of chapter 37 of title 38, United
States Code: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That
during fiscal year 2009, within the resources available, not
to exceed $500,000 in gross obligations for direct loans are
authorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $157,210,000.
Vocational Rehabilitation Loans Program Account
(including transfer of funds)
For the cost of direct loans, $61,000, as authorized by
chapter 31 of title 38, United States Code: Provided, That
such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act
of 1974: Provided further, That funds made available under
this heading are available to subsidize gross obligations for
the principal amount of direct loans not to exceed
$3,180,000.
In addition, for administrative expenses necessary to carry
out the direct loan program, $320,000, which may be paid to
the appropriation for ``General operating expenses''.
native american veteran housing loan program account
For administrative expenses to carry out the direct loan
program authorized by subchapter V of chapter 37 of title 38,
United States Code, $646,000.
guaranteed transitional housing loans for homeless veterans program
account
For the administrative expenses to carry out the guaranteed
transitional housing loan program authorized by subchapter VI
of chapter 20 of title 38, United States Code, not to exceed
$750,000 of the amounts appropriated by this Act for
``General operating expenses'' and ``Medical support and
compliance'' may be expended.
Veterans Health Administration
medical services
(including transfer of funds)
For necessary expenses for furnishing, as authorized by
law, inpatient and outpatient care and treatment to
beneficiaries of the Department of Veterans Affairs and
veterans described in section 1705(a) of title 38, United
States Code, including care and treatment in facilities not
under the jurisdiction of the Department, and including
medical supplies and equipment, food services, and salaries
and expenses of health-care employees hired under title 38,
United States Code, and aid to State homes as authorized by
section 1741 of title 38, United States Code;
$30,969,903,000, plus reimbursements, of which not less than
$3,800,000,000 shall be expended for specialty mental health
care and of which $250,000,000 shall be for establishment and
implementation of a new rural health outreach and delivery
initiative: Provided, That of the funds made available under
this heading, not to exceed $1,600,000,000 shall be available
until September 30, 2010: Provided further, That,
notwithstanding any other provision of law, the Secretary of
Veterans Affairs shall establish a priority for the provision
of medical treatment for veterans who have service-connected
disabilities, lower income, or have special needs: Provided
further, That, notwithstanding any other provision of law,
the Secretary of Veterans Affairs shall give priority funding
for the provision of basic medical benefits to veterans in
enrollment priority groups 1 through 6: Provided further,
That, notwithstanding any other provision of law, the
Secretary of Veterans Affairs may authorize the dispensing of
prescription drugs from Veterans Health Administration
facilities to enrolled veterans with privately written
prescriptions based on requirements established by the
Secretary: Provided further, That the implementation of the
program described in the previous proviso shall incur no
additional cost to the Department of Veterans Affairs:
Provided further, That for the Department of Defense/
Department of Veterans Affairs Health Care Sharing Incentive
Fund, as authorized by section 8111(d) of title 38, United
States Code, a minimum of $15,000,000, to remain available
until expended, for any purpose authorized by section 8111 of
title 38, United States Code.
medical support and compliance
For necessary expenses in the administration of the
medical, hospital, nursing home, domiciliary, construction,
supply, and research activities, as authorized by law;
administrative expenses in support of capital policy
activities; and administrative and legal expenses of the
Department for collecting and recovering amounts owed the
Department as authorized under chapter 17 of title 38, United
States Code, and the Federal Medical Care Recovery Act (42
U.S.C. 2651 et seq.): $4,450,000,000, plus reimbursements, of
which $250,000,000 shall be available until September 30,
2010.
medical facilities
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, and domiciliary facilities and
other necessary facilities of the Veterans Health
Administration; for administrative expenses in support of
planning, design, project management, real property
acquisition and disposition, construction, and renovation of
any facility under the jurisdiction or for the use of the
Department; for oversight, engineering, and architectural
activities not charged to project costs; for repairing,
altering, improving, or providing facilities in the several
[[Page 21010]]
hospitals and homes under the jurisdiction of the Department,
not otherwise provided for, either by contract or by the hire
of temporary employees and purchase of materials; for leases
of facilities; and for laundry services, $5,029,000,000, plus
reimbursements, of which $350,000,000 shall be available
until September 30, 2010: Provided, That $300,000,000 for
non-recurring maintenance provided under this heading shall
be allocated in a manner not subject to the Veterans
Equitable Resource Allocation.
medical and prosthetic research
For necessary expenses in carrying out programs of medical
and prosthetic research and development as authorized by
chapter 73 of title 38, United States Code, $510,000,000,
plus reimbursements, to remain available until September 30,
2010.
National Cemetery Administration
For necessary expenses of the National Cemetery
Administration for operations and maintenance, not otherwise
provided for, including uniforms or allowances therefor;
cemeterial expenses as authorized by law; purchase of one
passenger motor vehicle for use in cemeterial operations;
hire of passenger motor vehicles; and repair, alteration or
improvement of facilities under the jurisdiction of the
National Cemetery Administration, $230,000,000, of which not
to exceed $23,000,000 shall be available until September 30,
2010.
Departmental Administration
general operating expenses
For necessary operating expenses of the Department of
Veterans Affairs, not otherwise provided for, including
administrative expenses in support of Department-Wide capital
planning, management and policy activities, uniforms, or
allowances therefor; not to exceed $25,000 for official
reception and representation expenses; hire of passenger
motor vehicles; and reimbursement of the General Services
Administration for security guard services, and the
Department of Defense for the cost of overseas employee mail,
$1,801,867,000: Provided, That expenses for services and
assistance authorized under paragraphs (1), (2), (5), and
(11) of section 3104(a) of title 38, United States Code, that
the Secretary of Veterans Affairs determines are necessary to
enable entitled veterans: (1) to the maximum extent feasible,
to become employable and to obtain and maintain suitable
employment; or (2) to achieve maximum independence in daily
living, shall be charged to this account: Provided further,
That the Veterans Benefits Administration shall be funded at
not less than $1,466,095,000: Provided further, That of the
funds made available under this heading, not to exceed
$83,000,000 shall be available for obligation until September
30, 2010: Provided further, That from the funds made
available under this heading, the Veterans Benefits
Administration may purchase (on a one-for-one replacement
basis only) up to two passenger motor vehicles for use in
operations of that Administration in Manila, Philippines.
Information Technology Systems
For necessary expenses for information technology systems
and telecommunications support, including developmental
information systems and operational information systems; for
pay and associated costs; and for the capital asset
acquisition of information technology systems, including
management and related contractual costs of said
acquisitions, including contractual costs associated with
operations authorized by section 3109 of title 5, United
States Code, $2,489,391,000, plus reimbursements, to be
available until September 30, 2010: Provided, That of the
funds made available under this heading, not less than
$48,000,000 shall be for the Financial and Logistics
Integrated Technology Enterprise program: Provided further,
That none of these funds may be obligated until the
Department of Veterans Affairs submits to the Committees on
Appropriations of both Houses of Congress, and such
Committees approve, a plan for expenditure that: (1) meets
the capital planning and investment control review
requirements established by the Office of Management and
Budget; (2) complies with the Department of Veterans Affairs
enterprise architecture; (3) conforms with an established
enterprise life cycle methodology; and (4) complies with the
acquisition rules, requirements, guidelines, and systems
acquisition management practices of the Federal Government:
Provided further, That within 30 days of enactment of this
Act, the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a
reprogramming base letter which provides, by project, the
costs included in this appropriation.
office of inspector general
For necessary expenses of the Office of Inspector General,
to include information technology, in carrying out the
provisions of the Inspector General Act of 1978 (5 U.S.C.
App.), $87,818,000, of which $5,000,000 shall be available
until September 30, 2010.
construction, major projects
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, or for any of the purposes set forth in sections
316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122
of title 38, United States Code, including planning,
architectural and engineering services, construction
management services, maintenance or guarantee period services
costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and
storm drainage system construction costs, and site
acquisition, where the estimated cost of a project is more
than the amount set forth in section 8104(a)(3)(A) of title
38, United States Code, or where funds for a project were
made available in a previous major project appropriation,
$923,382,000, to remain available until expended, of which
$10,000,000 shall be to make reimbursements as provided in
section 13 of the Contract Disputes Act of 1978 (41 U.S.C.
612) for claims paid for contract disputes: Provided, That
except for advance planning activities, including needs
assessments which may or may not lead to capital investments,
and other capital asset management related activities,
including portfolio development and management activities,
and investment strategy studies funded through the advance
planning fund and the planning and design activities funded
through the design fund, including needs assessments which
may or may not lead to capital investments, and funds
provided for the purchase of land for the National Cemetery
Administration through the land acquisition line item, none
of the funds appropriated under this heading shall be used
for any project which has not been approved by the Congress
in the budgetary process: Provided further, That funds
provided in this appropriation for fiscal year 2009, for each
approved project shall be obligated: (1) by the awarding of a
construction documents contract by September 30, 2009; and
(2) by the awarding of a construction contract by September
30, 2010: Provided further, That the Secretary of Veterans
Affairs shall promptly submit to the Committees on
Appropriations of both Houses of Congress a written report on
any approved major construction project for which obligations
are not incurred within the time limitations established
above: Provided further, That of the amount appropriated in
this paragraph, $923,382,000 shall be for the projects and
activities, and in the amounts, specified under this heading
in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
construction, minor projects
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, including planning and assessments of needs which
may lead to capital investments, architectural and
engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided
under the project, services of claims analysts, offsite
utility and storm drainage system construction costs, and
site acquisition, or for any of the purposes set forth in
sections 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110,
8122, and 8162 of title 38, United States Code, where the
estimated cost of a project is equal to or less than the
amount set forth in section 8104(a)(3)(A) of title 38, United
States Code, $741,534,000, to remain available until
expended, along with unobligated balances of previous
``Construction, minor projects'' appropriations which are
hereby made available for any project where the estimated
cost is equal to or less than the amount set forth in such
section: Provided, That funds in this account shall be
available for: (1) repairs to any of the nonmedical
facilities under the jurisdiction or for the use of the
Department which are necessary because of loss or damage
caused by any natural disaster or catastrophe; and (2)
temporary measures necessary to prevent or to minimize
further loss by such causes: Provided further: That
$7,000,000 of the amount appropriated in this paragraph shall
be for the installation of alternative fueling stations at 35
medical facility campuses.
grants for construction of state extended care facilities
For grants to assist States to acquire or construct State
nursing home and domiciliary facilities and to remodel,
modify, or alter existing hospital, nursing home, and
domiciliary facilities in State homes, for furnishing care to
veterans as authorized by sections 8131 through 8137 of title
38, United States Code, $175,000,000, to remain available
until expended.
grants for construction of state veterans cemeteries
For grants to assist States in establishing, expanding, or
improving State veterans cemeteries as authorized by section
2408 of title 38, United States Code, $42,000,000, to remain
available until expended.
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2009 for
``Compensation and pensions'', ``Readjustment benefits'', and
``Veterans insurance and indemnities'' may be transferred as
necessary to any other of the mentioned appropriations:
Provided, That before a transfer may take place, the
Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress
[[Page 21011]]
the authority to make the transfer and such Committees issue
an approval, or absent a response, a period of 30 days has
elapsed.
(including transfer of funds)
Sec. 202. Amounts made available for the Department of
Veterans Affairs for fiscal year 2009, in this Act or any
other Act, under the ``Medical services'', ``Medical support
and compliance'', and ``Medical facilities'' accounts may be
transferred among the accounts to the extent necessary to
implement the restructuring of the Veterans Health
Administration accounts: Provided, That any transfers between
the ``Medical services'' and ``Medical support and
compliance'' accounts of 1 percent or less of the total
amount appropriated to the account in this or any other Act
may take place subject to notification from the Secretary of
Veterans Affairs to the Committees on Appropriations of both
Houses of Congress of the amount and purpose of the transfer:
Provided further, That any transfers between the ``Medical
services'' and ``Medical support and compliance'' accounts in
excess of 1 percent, or exceeding the cumulative 1 percent
for the fiscal year, may take place only after the Secretary
requests from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an
approval is issued: Provided further, That any transfers to
or from the ``Medical facilities'' account may take place
only after the Secretary requests from the Committees on
Appropriations of both Houses of Congress the authority to
make the transfer and an approval is issued.
Sec. 203. Appropriations available in this title for
salaries and expenses shall be available for services
authorized by section 3109 of title 5, United States Code,
hire of passenger motor vehicles; lease of a facility or land
or both; and uniforms or allowances therefore, as authorized
by sections 5901 through 5902 of title 5, United States Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, major projects'', and
``Construction, minor projects'') shall be available for the
purchase of any site for or toward the construction of any
new hospital or home.
Sec. 205. No appropriations in this title shall be
available for hospitalization or examination of any persons
(except beneficiaries entitled to such hospitalization or
examination under the laws providing such benefits to
veterans, and persons receiving such treatment under sections
7901 through 7904 of title 5, United States Code, or the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the
cost of such hospitalization or examination is made to the
``Medical services'' account at such rates as may be fixed by
the Secretary of Veterans Affairs.
Sec. 206. Appropriations available in this title for
``Compensation and pensions'', ``Readjustment benefits'', and
``Veterans insurance and indemnities'' shall be available for
payment of prior year accrued obligations required to be
recorded by law against the corresponding prior year accounts
within the last quarter of fiscal year 2008.
Sec. 207. Appropriations available in this title shall be
available to pay prior year obligations of corresponding
prior year appropriations accounts resulting from sections
3328(a), 3334, and 3712(a) of title 31, United States Code,
except that if such obligations are from trust fund accounts
they shall be payable only from ``Compensation and
pensions''.
(including transfer of funds)
Sec. 208. Notwithstanding any other provision of law,
during fiscal year 2009, the Secretary of Veterans Affairs
shall, from the National Service Life Insurance Fund (38
U.S.C. 1920), the Veterans' Special Life Insurance Fund (38
U.S.C. 1923), and the United States Government Life Insurance
Fund (38 U.S.C. 1955), reimburse the ``General operating
expenses'' and ``Information technology systems'' accounts
for the cost of administration of the insurance programs
financed through those accounts: Provided, That reimbursement
shall be made only from the surplus earnings accumulated in
such an insurance program during fiscal year 2009 that are
available for dividends in that program after claims have
been paid and actuarially determined reserves have been set
aside: Provided further, That if the cost of administration
of such an insurance program exceeds the amount of surplus
earnings accumulated in that program, reimbursement shall be
made only to the extent of such surplus earnings: Provided
further, That the Secretary shall determine the cost of
administration for fiscal year 2009 which is properly
allocable to the provision of each such insurance program and
to the provision of any total disability income insurance
included in that insurance program.
Sec. 209. Amounts deducted from enhanced-use lease proceeds
to reimburse an account for expenses incurred by that account
during a prior fiscal year for providing enhanced-use lease
services, may be obligated during the fiscal year in which
the proceeds are received.
(including transfer of funds)
Sec. 210. Funds available in this title or funds for
salaries and other administrative expenses shall also be
available to reimburse the Office of Resolution Management of
the Department of Veterans Affairs and the Office of
Employment Discrimination Complaint Adjudication under
section 319 of title 38, United States Code, for all services
provided at rates which will recover actual costs but not
exceed $34,158,000 for the Office of Resolution Management
and $3,278,000 for the Office of Employment and
Discrimination Complaint Adjudication: Provided, That
payments may be made in advance for services to be furnished
based on estimated costs: Provided further, That amounts
received shall be credited to the ``General operating
expenses'' and ``Information technology systems'' accounts
for use by the office that provided the service.
Sec. 211. No appropriations in this title shall be
available to enter into any new lease of real property if the
estimated annual rental is more than $1,000,000 unless the
Secretary submits a report which the Committees on
Appropriations of both Houses of Congress approve within 30
days following the date on which the report is received.
Sec. 212. No funds of the Department of Veterans Affairs
shall be available for hospital care, nursing home care, or
medical services provided to any person under chapter 17 of
title 38, United States Code, for a non-service-connected
disability described in section 1729(a)(2) of such title,
unless that person has disclosed to the Secretary of Veterans
Affairs, in such form as the Secretary may require, current,
accurate third-party reimbursement information for purposes
of section 1729 of such title: Provided, That the Secretary
may recover, in the same manner as any other debt due the
United States, the reasonable charges for such care or
services from any person who does not make such disclosure as
required: Provided further, That any amounts so recovered for
care or services provided in a prior fiscal year may be
obligated by the Secretary during the fiscal year in which
amounts are received.
(including transfer of funds)
Sec. 213. Notwithstanding any other provision of law,
proceeds or revenues derived from enhanced-use leasing
activities (including disposal) may be deposited into the
``Construction, major projects'' and ``Construction, minor
projects'' accounts and be used for construction (including
site acquisition and disposition), alterations, and
improvements of any medical facility under the jurisdiction
or for the use of the Department of Veterans Affairs. Such
sums as realized are in addition to the amount provided for
in ``Construction, major projects'' and ``Construction, minor
projects''.
Sec. 214. Amounts made available under ``Medical services''
are available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.
(including transfer of funds)
Sec. 215. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38,
United States Code, may be transferred to ``Medical
services'', to remain available until expended for the
purposes of that account.
Sec. 216. Notwithstanding any other provision of law, the
Secretary of Veterans Affairs shall allow veterans who are
eligible under existing Department of Veterans Affairs
medical care requirements and who reside in Alaska to obtain
medical care services from medical facilities supported by
the Indian Health Service or tribal organizations. The
Secretary shall: (1) limit the application of this provision
to rural Alaskan veterans in areas where an existing
Department of Veterans Affairs facility or Veterans Affairs-
contracted service is unavailable; (2) require participating
veterans and facilities to comply with all appropriate rules
and regulations, as established by the Secretary; (3) require
this provision to be consistent with Capital Asset
Realignment for Enhanced Services activities; and (4) result
in no additional cost to the Department of Veterans Affairs
or the Indian Health Service.
(including transfer of funds)
Sec. 217. Such sums as may be deposited to the Department
of Veterans Affairs Capital Asset Fund pursuant to section
8118 of title 38, United States Code, may be transferred to
the ``Construction, major projects'' and ``Construction,
minor projects'' accounts, to remain available until expended
for the purposes of these accounts.
Sec. 218. None of the funds available to the Department of
Veterans Affairs, in this Act, or any other Act, may be used
to replace the current system by which the Veterans
Integrated Services Networks select and contract for diabetes
monitoring supplies and equipment.
Sec. 219. None of the funds made available in this title
may be used to implement any policy prohibiting the Directors
of the Veterans Integrated Services Networks from conducting
outreach or marketing to enroll new veterans within their
respective Networks.
Sec. 220. The Secretary of Veterans Affairs shall submit to
the Committees on Appropriations of both Houses of Congress a
quarterly report on the financial status of the Veterans
Health Administration.
[[Page 21012]]
(including transfer of funds)
Sec. 221. Amounts made available under the ``Medical
services'', ``Medical support and compliance'', ``Medical
facilities'', ``General operating expenses'', and ``National
Cemetery Administration'' accounts for fiscal year 2009, may
be transferred to or from the ``Information technology
systems'' account: Provided, That before a transfer may take
place, the Secretary of Veterans Affairs shall request from
the Committees on Appropriations of both Houses of Congress
the authority to make the transfer and an approval is issued.
(including transfer of funds)
Sec. 222. Amounts made available for the ``Information
technology systems'' account may be transferred between
projects: Provided, That no project may be increased or
decreased by more than $1,000,000 of cost prior to submitting
a request to the Committees on Appropriations of both Houses
of Congress to make the transfer and an approval is issued,
or absent a response, a period of 30 days has elapsed.
(including transfer of funds)
Sec. 223. Any balances in prior year accounts established
for the payment of benefits under the Reinstated Entitlement
Program for Survivors shall be transferred to and merged with
amounts available under the ``Compensation and pensions''
account, and receipts that would otherwise be credited to the
accounts established for the payment of benefits under the
Reinstated Entitlement Program for Survivors program shall be
credited to amounts available under the ``Compensation and
pensions'' account.
Sec. 224. Section 1710(f)(2)(B) of title 38, United States
Code, is amended by striking ``September 30, 2008,'' and
inserting ``September 30, 2009,''.
Sec. 225. Section 1729(a)(2)(E) of title 38, United States
Code, is amended by striking ``October 1, 2008,'' and
inserting ``October 1, 2009,''.
Sec. 226. The Department shall continue research into Gulf
War illness at levels not less than those made available in
fiscal year 2008, within available funds contained in this
Act.
Sec. 227. (a) Upon a determination by the Secretary of
Veterans Affairs that such action is in the national
interest, and will have a direct benefit for veterans through
increased access to treatment, the Secretary of Veterans
Affairs may transfer not more than $5,000,000 to the
Secretary of Health and Human Services for the Graduate
Psychology Education Program, which includes treatment of
veterans, to support increased training of psychologists
skilled in the treatment of post-traumatic stress disorder,
traumatic brain injury, and related disorders.
(b) The Secretary of Health and Human Services may only use
funds transferred under this section for the purposes
described in subsection (a).
(c) The Secretary of Veterans Affairs shall notify Congress
of any such transfer of funds under this section.
Sec. 228. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of
Veterans Affairs may be used in a manner that is inconsistent
with--
(1) section 842 of the Transportation, Treasury, Housing
and Urban Development, the Judiciary, and Independent
Agencies Appropriations Act, 2006 (Public Law 109-115; 119
Stat. 2506); or
(2) section 8110(a)(5) of title 38, United States Code.
Sec. 229. The Secretary of Veterans Affairs may carry out a
major medical facility lease in fiscal year 2009 in an amount
not to exceed $12,000,000 to implement the recommendations
outlined in the August 2007 Study of South Texas Veterans'
Inpatient and Specialty Outpatient Health Care Needs.
Sec. 230. Of the amounts made available to the Department
of Veterans Affairs for fiscal year 2009, in this Act or any
other Act, under the ``Medical Facilities'' account for non-
recurring maintenance, not more than 20 percent of the funds
made available shall be obligated during the last 2 months of
the fiscal year: Provided, That the Secretary may waive this
requirement after providing written notice to the Committees
on Appropriations of both Houses of Congress.
Sec. 231. Section 2703 of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and
Hurricane Recovery, 2006 (120 Stat. 469) is amended--
(1) by inserting ``(a)'' before ``Notwithstanding''; and
(2) by adding at the end the following:
``(b) This land shall be owned by the City of Gulfport for
no less than 50 years from the date of enactment of this
Act.''.
Sec. 232. None of the funds made available in this Act may
be used to carry out section 111(c)(5) of title 38, United
States Code, during fiscal year 2009.
Sec. 233. Notwithstanding any other provision of law,
authority to carry out activities provided for under section
1703(d)(4) of title 38, United States Code, shall continue in
effect until January 31, 2009, unless prior to that date,
authorization is enacted into law otherwise extending this
authority.
Sec. 234. Notwithstanding any other provision of law,
authority to carry out activities provided for under section
5317(g) of title 38, United States Code, shall continue in
effect until January 31, 2009, unless prior to that date,
authorization is enacted into law otherwise extending this
authority.
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
Salaries and Expenses
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, including the
acquisition of land or interest in land in foreign countries;
purchases and repair of uniforms for caretakers of national
cemeteries and monuments outside of the United States and its
territories and possessions; rent of office and garage space
in foreign countries; purchase (one-for-one replacement basis
only) and hire of passenger motor vehicles; not to exceed
$7,500 for official reception and representation expenses;
and insurance of official motor vehicles in foreign
countries, when required by law of such countries,
$59,470,000, to remain available until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, such sums as may be
necessary, to remain available until expended, for purposes
authorized by section 2109 of title 36, United States Code.
United States Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United
States Court of Appeals for Veterans Claims as authorized by
sections 7251 through 7298 of title 38, United States Code,
$30,975,000, of which $1,700,000 shall be available for the
purpose of providing financial assistance as described, and
in accordance with the process and reporting procedures set
forth, under this heading in Public Law 102-229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses, as authorized by law, for
maintenance, operation, and improvement of Arlington National
Cemetery and Soldiers' and Airmen's Home National Cemetery,
including the purchase of two passenger motor vehicles for
replacement only, and not to exceed $1,000 for official
reception and representation expenses, $36,730,000, to remain
available until expended. In addition, such sums as may be
necessary for parking maintenance, repairs and replacement,
to be derived from the Lease of Department of Defense Real
Property for Defense Agencies account.
Funds appropriated under this Act may be provided to
Arlington County, Virginia, for the relocation of the
federally owned water main at Arlington National Cemetery
making additional land available for ground burials.
Armed Forces Retirement Home
trust fund
For expenses necessary for the Armed Forces Retirement Home
to operate and maintain the Armed Forces Retirement Home--
Washington, District of Columbia, and the Armed Forces
Retirement Home--Gulfport, Mississippi, to be paid from funds
available in the Armed Forces Retirement Home Trust Fund,
$63,010,000, of which $8,025,000 shall remain available until
expended for construction and renovation of the physical
plants at the Armed Forces Retirement Home--Washington,
District of Columbia and the Armed Forces Retirement Home--
Gulfport, Mississippi.
TITLE IV
GENERAL PROVISIONS
Sec. 401. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 402. Such sums as may be necessary for fiscal year
2009 for pay raises for programs funded by this Act shall be
absorbed within the levels appropriated in this Act.
Sec. 403. None of the funds made available in this Act may
be used for any program, project, or activity, when it is
made known to the Federal entity or official to which the
funds are made available that the program, project, or
activity is not in compliance with any Federal law relating
to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 404. No part of any funds appropriated in this Act
shall be used by an agency of the executive branch, other
than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, and for
the preparation, distribution, or use of any kit, pamphlet,
booklet, publication, radio, television, or film presentation
designed to support or defeat legislation pending before
Congress, except in presentation to Congress itself.
Sec. 405. All departments and agencies funded under this
Act are encouraged, within the limits of the existing
statutory authorities and funding, to expand their use of
``E-Commerce'' technologies and procedures in the conduct of
their business practices and public service activities.
Sec. 406. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the
[[Page 21013]]
United States Government except pursuant to a transfer made
by, or transfer authority provided in, this or any other
appropriations Act.
Sec. 407. Unless stated otherwise, all reports and
notifications required by this Act shall be submitted to the
Subcommittee on Military Construction, Veterans Affairs, and
Related Agencies of the Committee on Appropriations of the
House of Representatives and the Subcommittee on Military
Construction, Veterans Affairs, and Related Agencies of the
Committee on Appropriations of the Senate.
Sec. 408. None of the funds made available in this Act may
be used to modify the standards applicable to the
determination of the entitlement of veterans to special
monthly pensions under sections 1513(a) and 1521(e) of title
38, United States Code, as in effect pursuant to the opinion
of the United States Court of Appeals for Veterans Claims in
the case of Hartness v. Nicholson (No. 04-0888, July 21,
2006).
Sec. 409. None of the funds made available in this Act may
be used for a project or program named for an individual then
serving as a Member, Delegate, or Resident Commissioner of
the United States Congress.
This division may be cited as the ``Military Construction
and Veterans Affairs and Related Agencies Appropriations Act,
2009''.
The SPEAKER pro tempore. Pursuant to House Resolution 1488, the
gentleman from Wisconsin (Mr. Obey) and the gentleman from California
(Mr. Lewis) each will control 30 minutes.
The Chair recognizes the gentleman from Wisconsin.
General Leave
Mr. OBEY. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and include
extraneous material on the pending legislation.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Wisconsin?
There was no objection.
Mr. OBEY. Mr. Speaker, I yield 5 minutes to the distinguished
gentleman from Pennsylvania (Mr. Murtha), the Chair of the Defense
Appropriations Subcommittee.
Mr. MURTHA. The House Appropriations Subcommittee on Defense has held
22 hearings and our members and staff have visited over 100 military
bases and facilities, both here at home and throughout the world. The
result is a $487.7 billion fiscal year 2009 Defense Appropriations bill
that supports our troops and their families; invests in equipment
needed to support the force; imposes fiscal discipline necessary to
manage the department's resources; and addresses flaws in the U.S.
national security policy.
Earlier this year, I was disappointed to hear the Secretary of
Defense say that the U.S. military must prepare for fighting wars
against insurgents and militias, he is talking about the future, such
as those in Iraq and Afghanistan, rather than spend time and resources
preparing for future conventional conflicts.
I find these comments to be misguided and lacking in strategic
vision, and the subcommittee agrees. When 90 percent of our ground
combat units are rated as not fully mission capable and with what
happened in Georgia, we need to be prepared for a contingency to
prevent war.
This lack of strategic foresight has left our Armed Forces in a
degraded state of readiness, has left our military facilities in
disrepair, and has left many defense acquisition programs broken or
badly damaged. That is in spite the fact that under Jerry Lewis and
under Bill Young we put all the money we could put into the products in
order to get them upgraded.
The bill addresses our future military needs and provides the
resources urgently needed by the Department of Defense to prepare the
United States military forces for threats to our national security
beyond the current wars in Iraq and Afghanistan.
I am inspired by our troops and their families. Their sacrifice and
service to this great country are applauded by both the American people
and this Congress. We may disagree on matters of policy, but we can all
agree on the need to take care of our troops and tend to the needs of
their families. This bill addresses these needs in many ways.
For medical treatment and research, the bill adds $1 billion over the
budget request within the Defense Health Program. Some of the
recommendations include $300 million for traumatic brain injury and
psychological help. Our subcommittee has been in the forefront of
making sure that we have PTSD in mind; $40 million for medical care
centers of excellence at Walter Reed Army Medical Center; $150 million
for breast cancer research; $80 million for prostate cancer research;
$20 million for ovarian cancer research; and $20 million for lung
cancer. We found that 20 percent more military families have lung
cancer than nonmilitary families, so we put money in trying to detect
it early, which is how we prevent it.
For Family Advocacy Programs, the bill includes $102 million above
the budget request, for a total of $410 million.
The bill provides $72 million to compensate servicemembers for Stop-
Loss. We originally had more money in, but we couldn't figure out
exactly how many people we had with Stop-Loss, so we said to the
military, okay, we put $72 million in. After October 1st, anybody that
has Stop-Loss gets paid, but you have to go back, do a study, and then
tell us how much money you need for the period after that.
The bill provides $734 million above the budget request for the
renovation and repair of barracks, military hospitals and other O&M
funding for these facilities.
The bill includes language to ensure that the DOD takes steps
necessary to ensure that Walter Reed National Military Medical Center
and Fort Belvoir remain the gold standard of military medicine.
The bill expresses concern over the frequency of troop deployments
and the stress this places on the servicemembers and their families.
All of us have seen the stress on the families.
Equipment and support of the forces. Key to improving U.S. military
posture is to maintain our domestic industrial base.
Shipbuilding, $14.1 billion.
The bill provides an additional $523 million for the F-22.
The bill more efficiently aligns funding of the Joint Strike Fighter,
$6.3 billion.
The bill includes $750 million for the National Guard, and we put
$750 million in the supplemental unanimously.
The bill includes $3.6 billion for the Army's Future Combat Systems.
Improving fiscal responsibility. This bill reduces programs which
have experienced uncontrolled cost growth due to poor management and
designed instability while increasing funding for oversight activities.
The bill cuts $650 million from unjustified and uncontrolled growth
in outsourcing, and adds $24 million for additional personnel required
by the DOD Inspector General to oversee growth of DOD contracts.
For instance, I just saw in the news media, and that doesn't mean it
is true, but there is $13 billion that has gotten lost someplace in the
Iraq spending, $9 billion of it U.S. funds, according to the newspaper.
The bill reduces the presidential helicopter program, but we kept it
alive, hoping we can get the cost down for the individual.
It cuts $197 million and 16 aircraft from the Armed Recognizance
Helicopter.
I recommend that the Members vote for this bill. It is an entire
bill. When the bill is signed by the President, it will be money for
the rest of the year.
[[Page 21014]]
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[[Page 21018]]
Mr. LEWIS of California. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, I come to the floor today with serious reservations
about the process, or rather the lack of process, governing the
development of this year's end spending bill.
This package is made up of several components. We have just heard
from the Defense Chairman. It also includes the Homeland Security bill
and the Military Construction-VA spending bills, all of these together
total some $603 billion; a continuing resolution for nine spending
bills funded at fiscal year 2008 levels; emergency spending totaling
something in the neighborhood of $23 billion; and other provisions
costing even billions more.
If you are like me, you have a great many questions about what is
actually included in this package. The simple truth is this: Very few
people have any idea what is in it. During this time of economic
uncertainty, our constituents are demanding oversight, transparency and
accountability from Congress.
Last Friday, I began writing a letter to the three leaders writing
this legislation. My message was simple: Given the size and scope of
this spending bill, it is paramount that House Members and Senators of
both parties be active participants in crafting this bill. I felt then,
and I feel now, that it is essential that chairmen and ranking members
of our Appropriations subcommittees be at the table during substantive
negotiations.
I didn't send the letter, Mr. Speaker, because on Saturday morning I
was told that the key elements of the spending bill were already in
place and that there would be no Member or Senator participation. In
other words, no full Appropriations Committee consideration, no
meetings involving the key chairmen and ranking members, and no formal
House-Senate conference deliberations.
I am convinced that the completion of this legislation without the
full participation of Members and Senators will result in lasting long-
term damage to not just the Appropriations Committee, but also to the
institution, the House of Representatives that I love. It also leads
the House and Senate into an unprecedented dangerous territory by
handing the sole decision-making authority on national spending
practices to a handful of elected leaders and a whole lot of unelected
staff members.
It is not as if these leaders were negotiating 12 individual spending
bills that had passed the House and the Senate. This year, the House
has passed one funding bill. The Senate has not passed any. Over the
last 2 years, out of the 24 regular order bills, the Appropriations
Committee in the House has produced exactly one regular order
conference report.
The challenge of developing and passing a Federal budget requires
full active participation of Members and Senators in the full
Appropriations Committee, on the floor of the House and Senate, and
through an open House-Senate conference committee.
{time} 1415
By the way, I might mention it was suggested on the floor earlier
today that the chairman of our committee indicated the reason we
haven't had a full, open committee hearing regarding this process was
because Members tend to stand up and pontificate in open hearings.
Well, let me suggest that may very well be the case, and I wouldn't
suggest that our chairman was ever known for pontificating, but, in the
meantime, this lack of Member involvement is absolutely unacceptable.
All year long, the majority leadership has chosen to ignore regular
order. The assumption has been that Barack Obama would be elected
President in November, and that he would support higher levels of
spending all across the board.
But join me in this question: What happens if John McCain gets
elected President? And what if that President draws an even tougher
line than President Bush? What does that mean? Does that mean, Mr.
Chairman, that we won't have Appropriations Committee meetings or
hearings or bills for another 4 years? It is an interesting question.
When I first came to Congress, legislation was drafted by Members
with jurisdiction over the issues of the day. Members of both parties
had every opportunity to participate in the debate by offering
amendments.
Today, whether you are Republican or a Democrat, you no longer have
any opportunity to participate, no opportunity to offer amendments, no
opportunity to settle meaningful differences in the committee and on
the House floor or in the conference between the House and the Senate.
My colleagues, this is no way to govern. We ought to work together,
produce spending bills through a legitimate committee process and
return to a full and open debate in committee and on the House floor.
Let me say that I did have a conversation just yesterday, indeed a
cursory conversation, with my chairman, Mr. Obey, about what's in this
bill. I appreciated that opportunity to chat for a few minutes about
this horrendous process as well as this bill.
Let me say that the issue that seemed to have paralyzed the process
this year, and caused the committee to essentially close down, involves
the majority's unwillingness to address the high price of oil and gas.
That issue is finally, at least in part, addressed with this bill. Had
we dealt with the OCS moratorium in June, the committee probably would
have completed all of its bills, but we chose not to let that process
go forward.
It is now late September, and, finally, the voices of millions of
Americans, financially drained from paying $4 a gallon for gasoline,
they are finally being heard. Section 152 of the CR represents a
gigantic step in the right direction relative to energy independence.
We actually suspend the moratorium on drilling in the United States.
Now, frankly, depending on who is elected as President, we may have
to worry about that next year. I mean, a President could literally be
involved in reestablishing that moratorium and thereby hampering
America one more time.
In closing, I don't believe we should shut down our government. We
must support funding for our troops, our veterans, and protect our
homeland. Each of the 535 House Members and Senators should have played
a role in shaping this bill.
It is time that we insist upon a return to regular order. It's
certainly time that we get back to that which the Speaker promised, an
open and transparent process with everybody's involvement, Members, but
also the public as well.
Mr. Speaker, I proudly reserve the balance of my time.
Mr. OBEY. Mr. Speaker, I yield 4 minutes to the distinguished
gentleman from North Carolina, chairman of the Homeland Security
subcommittee.
Mr. PRICE of North Carolina. Mr. Speaker, I am pleased that the
package we are considering today includes the fiscal year 2009 funding
for the Department of Homeland Security.
The Homeland Security provisions are the product of months of
information-gathering and analysis by both the House and Senate
subcommittees, and they reflect a careful matching of dollars to
priorities. Our subcommittee held 15 hearings featuring testimony from
department officials, watch-dog agencies and outside experts, and what
we are voting on today is well informed by what we learned from those
hearings. As always, we are indebted to our dedicated professional
staff and the staff from our personal offices who have worked with
them.
I want to thank our distinguished ranking member, Mr. Rogers, for his
advice and partnership in helping make this a better bill. He and his
staff worked cooperatively with us during the bill-writing process and
during our negotiations with the Senate, and they provided many
constructive suggestions and additions. I also want to recognize Mr.
Rogers' substantial and lasting contribution as the first chairman of
this subcommittee, especially since this is likely to be his last year
as our ranking member.
[[Page 21019]]
The discretionary total in the bill is $39.98 billion, $2.31 billion
or 6 percent above the comparable fiscal year 2008 amount--that
includes funding with an emergency designation--and $2.37 billion above
the administration's requested funding level.
Our primary objective in this bill was to correct known funding
deficiencies, which were substantial. Prime among these was the
President's proposal to cut first responder, transit, and port grant
programs by $2 billion, or 49 percent. This bill restores funding for
these grants.
A second deficiency in the President's budget was the proposed repeal
of law enforcement officer benefits for CBP officers. The bill provides
the full $200 million necessary to pay for these benefits in fiscal
year 2009.
The last major deficiency in the President's budget was a proposed
$140 million cut for explosive detection equipment at airports. This
cut was based on assumed revenue from a new passenger surcharge that
has not been enacted. The bill restores the $140 million to provide
level funding at $544 million for this program.
The bill also reduces funding that was not fully justified, or for
which the budget justification overestimated the need, and it uses the
savings to provide increases above the President's request for critical
priorities. This includes $200 million for the Emergency Food and
Shelter Program, $100 million more than the President requested and $47
million more than was provided in fiscal year 2008. Such an increase is
warranted by the rising number of Americans who are relying on food
banks and other community support organizations to meet their basic
needs.
The bill includes $4.99 billion for Immigration and Customs
Enforcement, $241 million above the request, and it targets $1 billion
for identifying and deporting dangerous criminal aliens. The President
proposed no additional dedicated funds for this activity, which should
be ICE's top priority.
The bill fully funds the request for border infrastructure and
technology, while continuing a requirement that the Department consult
with local communities on the character and placement of such
infrastructure. This does not give border communities a veto over
departmental decisions about fencing or other infrastructure, but it
does give them a right to be heard.
As in past years, the bill requires the Department to provide a plan
for how it will allocate its appropriation for border infrastructure
and technology, and it withholds a portion of the appropriation until
that plan is reviewed by GAO and approved by the committee.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. OBEY. I yield the gentleman 1\1/2\ additional minutes.
Mr. PRICE of North Carolina. The bill, including funding provided
through the disaster relief package, includes $9.3 billion for the
Disaster Relief Fund, ensuring that FEMA can continue its work helping
communities recover from recent disasters.
The bill imposes requirements on the Homeland Security Department to
manage its programs efficiently and robustly, and to ensure that
programs comply with all laws before they begin operations. The bill
withholds a total of $1.4 billion to ensure that this planning takes
place before taxpayer dollars are spent. Programs for which funding is
conditioned include the Secure Border Initiative, Deepwater, and Cyber
Security.
Also, I want to correct some comments made on this floor earlier
about a sensitive DHS program. The bill does not provide funding for
DHS's National Applications Office to use surveillance satellites for
Homeland Security or law enforcement purposes. The bill does allow for
the Department to use satellites for scientific and emergency
purposes--for example, assessing damage from earthquakes or hurricanes.
That's being done today. But provisions in this bill bar the Department
from using these assets to pay for any other purpose until the
Department explains how it will use them, protecting our citizens'
rights and liberties, until the GAO reviews that explanation, and until
our committee approves the expenditure of funds.
Mr. Speaker, this Homeland Security portion of the bill represents
the right balance of investments and cost savings to ensure that we
continue to make our homeland more secure, and it makes clear that the
Federal Government will continue to be a faithful partner with State
and local governments in that endeavor.
I urge colleagues to support this bill.
Mr. LEWIS of California. Mr. Speaker, I yield 4 minutes to the
gentleman from Florida, who is the former chairman of the full
committee as well as the Defense subcommittee.
Mr. YOUNG of Florida. Mr. Speaker, the Defense part of this bill is a
very important part of the package, although it's only one of three
appropriations bills.
It's a good bill. The Republican members and the Democratic members
of the subcommittee all played a part in drafting this legislation and
coming to the final product.
I want to express my appreciation to Chairman Murtha for the fact
that he included us in every step of the way. I have had the privilege
of chairing this subcommittee on two different occasions. Mr. Murtha is
serving as chairman the second time in his career. Whether he was
chairman or I was chairman, all members, Republican or Democrat, were
included in the process. We were this year as well.
The problem is, once we finished our part of the process, the process
broke down. This bill, for the first time, as long as I can remember in
many years, did not go to the full committee for the committee to
review it, did not go to the floor, did not go to an official formal
conference. Nevertheless, the product is a good product. It's a good
bill.
Chairman Murtha has explained the highlights of this bill. I agree
with what he said about the importance of all of those issues.
Another one of these bills is the bill that provides for military
construction and for our veterans, and I have the privilege of serving
as a member of that subcommittee. I would say that under Chairman Chet
Edwards, the same thing happened. The Republicans and the Democrats all
had a chance to be players in making a decision on what was included in
that bill.
Chairman Edwards had the good fortune to get his bill to the full
committee, and it was reviewed and adopted almost the way he wrote it.
Then it came to the floor, and it was passed here on the floor with all
Members having an opportunity to discuss it, to debate it, and offer
amendments if necessary. The bill, a good bill, passed. You have got
the Veterans bill and you have got the Defense bill as part of this
overall package, and I strongly support both of them.
But I do have to speak out against the procedure. I just don't think
that it's right that all of the Members have not had an opportunity to
review these bills when they could debate them, when they could offer
amendments to the bills. It probably wouldn't have changed either one
of these two bills very much, if any, because they are both good bills.
So I stand here objecting to the procedure, but I stand here supporting
those two bills. From what I have heard, I am not a member of the
Homeland Security subcommittee, but I understand that it is also a good
bill.
So I have no objection. I support the bills, but I do object to the
process. We need to vote this package today. The end of the fiscal year
is rapidly approaching. In 5 more days, the fiscal year is over. We
don't want the Defense Department and the soldiers and sailors and
airmen and marines, who are protecting this country, to go without
knowing what they are going to have by way of funds for training, by
way of funds for equipment, by way of funds for protective gear for
themselves. This is a commitment that I think all of us in this Chamber
have made.
We want to guarantee that our military troops, our heroes who protect
this Nation, have the best equipment that is possibly available to them
to do their job and have the best training on how to use that equipment
and use it effectively to do their job and have the best protective
gear to protect them while they are doing their job. So all in all, I
suggest we vote for this package.
[[Page 21020]]
{time} 1430
Mr. OBEY. Mr. Speaker, I yield 4 minutes to the distinguished
gentleman from Texas, the chairman of the Military Construction
Subcommittee.
Mr. EDWARDS of Texas. Mr. Speaker, less than 2 years ago, a new
Speaker of the House, Nancy Pelosi, made a solemn promise to America's
veterans. The gentlewoman from California said that the new 110th
Congress would honor our veterans not just with our words, but with our
budgets that would be truly worthy of their sacrifice.
With the passage of this bill, Speaker Pelosi has kept her promise to
those who have kept their promise to serve our Nation. With the
dedicated leadership of Chairmen Obey, Spratt, Filner, and an
incredible staff, in just 2 years this House will have increased
veterans' health care and benefits funding by more than the Republican-
led House did in the previous 12 years. In 2 years, the 110th Congress
will have done more to increase funding for veterans' health care and
benefits than any Congress in the history of our Nation. Promises made,
promises kept to America's heroes. That's what this bill is all about.
Specifically, this bill adds to last year's historic increase in
veterans' programs by increasing VA health care and benefits funding by
$4.5 billion. That is $2.8 billion above the President's request.
What does this mean to our veterans?
By hiring more doctors and nurses, health care services will be
expanded, and waiting time for doctors' appointments will be shorter.
For the first time since 2003 when the Bush administration put a rigid
income cap on veterans eligible for VA health care, we will open the
doors of VA hospitals and clinics to more middle-income veterans.
For veterans having to drive long distances to VA hospitals and
clinics, the VA mileage reimbursement, which was just 11 cents in 2007,
will now be 41.5 cents per mile.
For many Iraq and Afghan war veterans, this bill will ensure the
mental health care services they need and deserve to rebuild their
lives.
For veterans who never delayed in answering their call to duty, this
bill will mean shorter waiting times for their earned benefits to be
approved.
For military troops and their families, this bill will mean better
housing, more daycare centers and modernized training facilities with a
military construction budget that is $649 million above the President's
request.
And let me thank our ranking member, the gentleman from Tennessee
(Mr. Wamp) for his partnership every step of the way; and Mr. Young and
the other members of our subcommittee, both Republican and Democrat
alike, who helped build this bipartisan bill on military construction
and veterans.
Mr. Speaker, a vote for this bill is a vote of respect, respect for
those who have given so much in service to our Nation in uniform. They
have kept their promise. Today, let us keep ours.
Mr. LEWIS of California. Mr. Speaker, I am proud to yield 5 minutes
to my colleague, Hal Rogers, the chairman of the Homeland Security
Committee.
Mr. ROGERS of Kentucky. Mr. Speaker, let me start by echoing Ranking
Member Lewis's misgivings about this so-called process. While I am
certainly no stranger to omnibus appropriations bills, I must say we
could have avoided this amended bill business that we are going through
here today, this kabuki dance, and actually conferenced each bill. That
was certainly the case on the Homeland Security bill when Republicans
were in the majority. The bill was debated on the House floor. It was
brought through the conference committee with the Senate in regular
order.
Instead, this has been a closed-door process largely devoid of Member
input, no formal conference, no motion to recommit, very little debate.
Needless to say, this process falls far short of the open and fair
debate that has been a hallmark of this People's House.
Now, having said that, and getting that off my chest, I am reminded a
bit of what Mark Twain said about Wagner's music. He said it is really
better than it sounds. And this bill is better than I have just
described it.
I have to commend Chairman Price on doing his very best through this
flawed process, looking out for House priorities and putting together a
thoughtful agreement on the homeland security portion of this bill.
This division includes substantial funding for critical border
security, immigration enforcement, infrastructure protection, and State
and local programs that will certainly make our Nation safer and more
secure.
I also want to applaud Chairman Price's efforts in keeping DHS on
track to produce results and continuing our subcommittee's tradition of
strict accountability. Tying funding to results has always been the
mantra of this subcommittee, and I trust it will thus ever be so.
Lastly, I would be remiss, Mr. Speaker, without personally thanking
Chairman Price for accommodating the minority's concerns where
possible. He has approached his duties as chairman with the honorable
statesmanship for which he is known in this chamber, and I have
sincerely valued my time in serving alongside him over the last 2
years.
Mr. Speaker, I reflect upon the last 6 years in which I have had the
privilege of serving both as chairman and now ranking member on the
Homeland Security Appropriations Subcommittee. I am struck by both the
progress that we have made since 9/11 and the daunting challenges that
remain before us. Homeland security is not just about guns, guards and
gizmos. It is about the dedication of hundreds of thousands of people
who are working tirelessly and standing the watch to keep us safe. We
must all remember that the department is only 5 years old, a fledgling
agency that is mature in some areas, sadly deficient in others.
And it is this continued development of DHS that probably concerns me
most. I have always cautioned the department to resist a migration
toward the bureaucratic inertia that so grips and paralyzes many
government agencies. In the case of homeland security, the mission is
far too critical to head down such a cumbersome path to failure.
I remain hopeful the vast resources we have devoted to homeland
security over the past 6 years have not only made us more secure
against known threats, but also more prepared for those we have not
even thought of. It is this devotion to resolute vigilance and constant
improvement that will carry our great Nation through the fire and over
all of those who wish to do us harm.
Again, let me thank the staff for the work that they have contributed
on this bill, both majority and minority and personal office staffs
have all pitched in. We have had a good time working together, and I
would like to say finally how much I have enjoyed working with the new
chairman of this subcommittee, David Price, who has been agreeable most
of the time and has been a gentleman all of the time. I have enjoyed
our association, and wish that it would continue.
Mr. OBEY. Mr. Speaker, I yield 1 minute to the distinguished majority
leader.
Mr. HOYER. I thank the distinguished chairman of the Appropriations
Committee for yielding.
I rise obviously in very strong support of this continuing resolution
and the three full bills that are attached to it and the other nine of
course that will be funded at last year's level with certain exceptions
that are necessary to act responsibly. Obviously, passing a CR is never
an ideal step.
I want to say that as someone who served on the Appropriations
Committee for 23 years, actually 25 years, I guess, I hold that
committee in very high regard. And I am pleased that I am following the
Representative from Kentucky, the ranking member of this committee, as
he spoke not only about the substance of the bill that he has been most
intimately involved in, but as well of the respect that he and the
chairman have for one another and the ability they have to work
together. I think it has been one of the hallmarks of the
Appropriations Committee that has been possible.
Regrettably, however, very frankly from my perspective, forces
outside of
[[Page 21021]]
the context of the Appropriations Committee, for whatever reasons,
whether they are from the administration or from each of our caucuses,
has undermined that ability of the committee to work the way it has
worked and wants to work.
No one in this body is more attuned to the needs of this body, loves
this institution more, is more a student of this institution, and very
frankly is a better legislator than the chairman of this committee, my
friend, David Obey. I want to congratulate him for the extraordinary
patience, and he is not known as a patient man, which makes his
patience even more extraordinary, that he has been working on a bill
that has been so frustrating for him, as well as the committee and the
Congress.
The CR does contain a number of important funding provisions: an
increase in the Home Energy Assistance Program which the chairman has
been involved in all of his congressional career, which spans some 3\1/
2\, almost 4 decades. It helps families heat their houses during a
winter of high fuel costs.
It includes funding for Pell Grants to ensure that college aid is not
cut in the middle of the school year so that our students will have
access to college; and nutrition funding for women and children
struggling with the economic downturn and food prices that confront
them.
Nevertheless, we are debating, frankly, a CR today because we did not
complete the appropriations process. I think that is regrettable. I
hope we do not repeat that next year. I see Mr. Wamp shaking his head
as a ranking member. I think everybody on the Appropriations Committee
wants to make sure that we can complete our process next year. And I
think we can.
Very frankly, we were confronted, the chairman was confronted with an
administration who wanted to limit funding, frankly, far below what was
possible in order to meet the responsibilities that we have to this
Nation and to our people.
Today's outcome was a direct result, in my opinion, of the White
House's unwillingness to come to the table to discuss funding levels
for priorities, to determine what those priorities are, whether they be
the National Institutes of Health, whether they be vocational education
programs, whether they be protecting our environment; or, very frankly,
whether they be overseeing in a regulatory way the financial community,
the failure of which has led us to a very critical time in our
country's history.
There were 20 programs eliminated. Congress did not agree with all of
those. The administration would have slashed funds for crumbling
infrastructure, law enforcement, for energy research. Those are items
which could have been debated and should have been debated and brought
to this floor, but because there was no flexibility, that did not
occur.
Simply saying, We'll adopt your priorities, Mr. President, is
inconsistent with article I of the Constitution which gives to the 435
of us that have been elected by the people of this country to come and
to set priorities for our country. We do so in a representative way.
The President, very frankly, is elected to make a determination on our
product, not to tell us what our product is, but to make a judgment
once our product is passed whether or not he will agree. If he does not
agree, he vetoes that bill and then we have a determination to make by
two-thirds vote that we disagree with his judgment. That is the way
that the process should work, not be told that your product is going to
be unacceptable unless it is as I tell you.
With his veto threat hovering over the entire appropriations process,
stifling debate and compromises, that process simply could not
continue.
I want to again congratulate Mr. Obey. If we do not pass this CR, of
course, the government runs out of funding authority on the 30th of
this month. October 1 is the beginning of our fiscal year. We really
don't have an alternative. The only responsible vote, in my opinion, is
to pass this bill.
I want to congratulate Mr. Murtha and Mr. Lewis and Mr. Young. I want
to thank Mr. Young for the extraordinary leadership he brings to this
House. Mr. Young is not of my party, but he is, I think, one of those
who has the highest character and care for the people of America. His
willingness to work together has been, I think, in large part
responsible for us getting a defense product with Mr. Murtha that this
House will overwhelmingly support, in my opinion.
I want to thank Mr. Lewis as well for helping to bring this bill to
the floor. I want to congratulate those with the Homeland Security and
the Military Construction and VA parts of this bill.
{time} 1445
They are bills which have been considered, and I think are going to
be overwhelmingly supported.
I would urge all of my colleagues, meet our responsibilities, fund
our government, come back here in an atmosphere in which open debate as
to the priorities of our country is welcomed by all sides, and have a
full appropriation process next year.
In closing, let me again congratulate and thank the gentleman from
Wisconsin for his leadership, without which we would not have been able
to get this bill as far as it has gotten to its passage and to fund our
government in the coming months.
Mr. LEWIS of California. Mr. Speaker, I yield 5 minutes to the
ranking member of the committee dealing with military construction and
veterans benefits, the gentleman from Tennessee (Mr. Wamp).
Mr. WAMP. I thank the distinguished ranking member for the time and
for the courtesies and instruction and help along the way that he has
given me.
It is an honor to follow the majority leader. I know that he and the
Speaker of the House, having both served on the Appropriations
Committee, are frustrated, as we are, that we're only this far along on
the appropriations process, with three of the 12 bills here as the
fiscal year ends next week.
Having said that, I want to say that it is really awesome to be on
the floor today participating in the discussion around the three bills
that are included in this package because of the quality of the people
involved in these three bills. The new majority, obviously, is punting
on nine bills, but they're rightly bringing the three security-related
bills to the floor before the fiscal year starts next week.
And the people involved here on our committee, when I think of the
chairman of the full committee, Mr. Obey, and the ranking member of the
full committee, Mr. Lewis of California, and Chairman Murtha on the
Defense Committee, and former Chairman Young, the ranking member of the
Defense Committee, and I think of David Price and Hal Rogers on
Homeland Security, Chet Edwards, the chairman of the committee that I'm
the ranking member on, to be included with these people, from both
parties, is a real awesome honor for me because this is my first time
at this level of being involved in this process.
But I've got to tell you that a far greater honor than being
associated with any of you is this greatest honor of my adult life,
outside of my family, in my professional life for sure, is to be the
ranking member of the appropriations subcommittee that serves the
people who serve us in uniform, past and present. What an unbelievable
honor. What an emotional year Chairman Edwards and I had, hearing from
the commands around the world and their military construction needs and
the quality of life issues for every single man and woman in uniform,
hearing from the families, the enlisted personnel, the officers.
And former Chairman Young is on our subcommittee, giving us great
senior counsel. And then for our veteran communities to come before us
and see us come together at record levels of funding for our men and
women in uniform, both past and present, this is important. This is
incredibly important. It is the highest honor I've had in my
professional life to be associated with this responsibility.
But I am frustrated, as I know many are from both sides of the aisle,
that the other nine bills effectively are
[[Page 21022]]
kicked over 5 months into the next fiscal year at flat funding, level
funding. And I do know that a fair assessment as the issue of energy
became involved in this process, mid summer, one party advancing on the
issue of energy, frankly, the other party in retreat on the issue of
energy, and it definitely compounded this process because every one of
these bills involves energy because energy is everything right now in
this country. It's critically tied to the economic condition that we
are in.
All I would say, in closing, is I appreciate the work at bringing
these important security-related bills to the floor. I'm frustrated
that the others are not here and that the entire process broke down. I
mean, I could almost say, tongue in cheek, I'm so glad to be here
because I have been on the Appropriations Committee for 12 years and I
was beginning to wonder if we had an Appropriations Committee anymore,
because we haven't met a whole lot lately. We haven't met enough
lately.
I hope that the 111th Congress next year brings the committee to the
regular order all the way through the process, because I really like
that. I like it when we have a conference and we go in with the Senate
and we sit across the table and we hammer out a compromise and we fight
for the priorities that we believe in versus what they believe in.
Let me also say, once again, it doesn't matter who's in the majority;
the folks on the other side of the dome in the United States Senate are
always a problem. They didn't move any of the bills in a timely manner.
At least we were trying. And that's a problem. But I don't want to let
everybody off the hook. It's up to the majorities in both bodies to
move this in regular order. I know Chairman Obey is an institutionalist
and would like to do that. Next year we better do it. No matter who
wins the election, we better do it for the good of the taxpayer and for
the good of the committee, the tradition. It's important that we
reshape the priorities. We're the ones that have the hearings. Mr.
Edwards and I spent over 100 hours together this year. I enjoyed every
minute. I'm grateful.
Mr. OBEY. Mr. Speaker, I have only one remaining speaker, so I will
reserve time until the end.
Mr. LEWIS of California. Mr. Speaker, I yield 1 minute to the
gentleman from Florida (Mr. Weldon), Dr. Weldon, who's probably going
to be speaking for the last time on an appropriations bill since he's
chosen to retire at the end of this season. Dr. Weldon.
Mr. WELDON of Florida. Mr. Speaker, I am concerned about a provision
in this bill waiving the Iran Nonproliferation Act to allow NASA to
purchase launch services from Russia.
NASA is the greatest proliferator to Iran. Indeed, just this week,
Russia announced its intent to provide Iran a missile defense system,
not to protect its people, but to protect its nuclear weapons
production facility.
Now NASA has been asking for this provision because of their concern
that without it, they will not be able to get our astronauts to the
space station after 2010, when the space shuttle is retired.
Now we are told we have to do this because we can't afford to fly the
shuttle anymore.
Mr. Speaker, this is pathetic. In the same week we are debating a
$700 billion bailout of Wall Street, we are told we can't afford to fly
the shuttle and we have to rely on Russia.
Mr. Speaker, this is bad foreign policy. It sends a bad signal to
Russia and a very bad signal to Iran.
Mr. LEWIS of California. Mr. Speaker, I yield 1 minute to the ranking
member of the Transportation Committee, the gentleman from Michigan
(Mr. Knollenberg).
Mr. KNOLLENBERG. Mr. Speaker, I rise today in support of the
appropriations package before us. It includes money that is very
important to Michigan and to the domestic auto industry.
I want to thank Mr. Obey, I want to thank Mr. Lewis, and I want to
thank our colleagues from Michigan for coming together on this
important issue. This is a big step toward the successful turnaround of
the American auto industry.
Some will lump this in with the other bailouts this Congress is
considering. They would be wrong. This is about building a partnership,
about working together toward an end goal that we all seek, which is
more fuel efficient vehicles.
Automakers are now going to receive a partnering hand from Washington
and not just a burdensome mandate. This will help create good jobs in
Michigan, especially in the high tech field of alternative energy
research.
Michigan first put the world on wheels, and Michigan can put the
world on wheels propelled by the next generation of alternative fuel
vehicles.
I strongly support the bill and urge passage.
Mr. LEWIS of California. Mr. Speaker, if there's been a Member of the
House who has told all of us the urgent need for being able to tap into
our resources of oil and gas, it's been the gentleman from Pennsylvania
(Mr. Peterson). I yield him 1 minute.
Mr. PETERSON of Pennsylvania. I have mixed emotions today. It may be
the last chance I have to address this body. In 1 minute, I can't say
much. I want to tell how much I've appreciated both sides of the aisle,
my friendships.
Mr. OBEY. If I yield the gentleman 10 seconds, will he yield to me
briefly?
Mr. PETERSON. Surely. I yield.
Mr. OBEY. It's never true that the gentleman cannot say a lot in 1
minute.
Mr. PETERSON. Thank you.
In June when I offered my amendment, I wasn't planning on blowing up
the appropriations process. I have, for most of a decade, talked about
energy for America, and it's like the blood flowing through our veins.
Available, affordable energy will depend on whether we remain a first-
rate Nation.
I am pleased today that we've ended up with an appropriations bill
without the moratorium. I'm not celebrating, because I know it will
depend on the next Congress, you folks, it will depend on the next
President whether we provide available, affordable energy for America.
I urge you not to follow the last three Presidents, not the last 14
Congresses who have not treated energy with the priority they needed
to.
Folks, this is more of a crisis than many people still believe. The
future availability of energy at an affordable price will determine
whether our people can stay in their homes, can feed their families,
can travel to work and whether companies can afford to continue to stay
in this country.
It's vital that you, in the next Congress, open up energy for America
and yes, go to the renewables with the royalties from it. But we must
open up our reserves and not treat them as a liability, but treat them
as an asset as they are and enrich this country and the future of this
country with available, affordable energy. I'm counting on you, as
someone who will be watching on C-SPAN.
It's been a pleasure to serve with you.
Mr. LEWIS of California. Mr. Speaker, I am pleased to yield 1 minute
to the gentleman from Texas (Mr. Poe).
Mr. POE. Mr. Speaker, I'm glad that this package includes disaster
assistance. Eleven days ago Hurricane Ike came blasting through the
Southeast Texas area. To give some magnitude of how large this
hurricane was, if you take the State of New York and superimpose it in
Southeast Texas, that's the mass of land affected by this disastrous
hurricane, causing power outages even to 2 million still to this day,
most of my Congressional district.
Most of my Congressional district was affected, and the area affected
most was the areas that refine gasoline for the United States. Twenty
percent of the Nation's gasoline that is refined east of the Rockies is
refined in my congressional district. All of those refineries shut
down. They had damage because of the surge that came into that area;
not to mention the people as well that are still suffering today.
So I'm glad to see that both sides came together on this issue to
offer disaster assistance to the individuals that were affected by not
only Ike but by Gustav and all the other natural disasters that
occurred this year.
Mr. LEWIS of California. Mr. Speaker, I yield 1 minute to the
gentleman from Michigan (Mr. Upton).
[[Page 21023]]
Mr. UPTON. Mr. Speaker, last year the Congress, this Congress,
authorized $25 billion to help the auto industry. But, as we know, an
authorization is no good unless you appropriate the money.
The auto industry has to have access to that capital. This is not a
bailout. It is a loan. It will be paid back, just like what happened
with the Chrysler issue a couple of decades ago. And it impacts tens of
thousands of workers across this country, certainly in the Midwest and
around the balance of the country as well.
I appreciate the work of the leadership on both sides. They listened
and they delivered. Our Michigan delegation, particularly with our
leader, the Dean of the House, John Dingell, we worked together for
weeks and weeks, many hours, and we used the strength of every Member,
be it Republican or Democrat, to try and get the interests of the
appropriators and the leadership to include it as part of this package,
and they delivered.
We thank the administration, all of the Cabinet members. They
understood the impact that would happen without the money being
appropriated.
And we thank both candidates, Obama and McCain, for their support as
well.
Mr. LEWIS of California. Mr. Speaker, I do have one additional
speaker. He doesn't happen to be here, but if the Members would bear
with me, I would like to take just a moment on my time.
For just a moment I would like to suggest that because this is likely
the last time we will be addressing Appropriations Committee business
this year, I want to commend eight of our colleagues who serve on our
committee who are leaving Congress at the end of this year to pursue
new challenges and new opportunities. They are Bud Cramer, Tom Udall,
Ralph Regula, Jim Walsh, Dave Hobson, John Peterson, Ray LaHood and
Dave Weldon.
{time} 1500
All told, with these retirements, the House is losing over 100 years
of cumulative Appropriations Committee experience. The skill and
knowledge that they bring to the committee each day will be sorely
missed and not easily replaced.
Let me take a moment in a long-standing tradition of our committee in
the House to thank each of our retiring colleagues for their
friendship, their service, and their fine bipartisan work. Let's stand
together, Republicans and Democrats, to show our appreciation and say
thank you to our friends and colleagues.
Mr. OBEY. I continue to reserve the balance of my time.
Mr. LEWIS of California. If you have no additional speakers yourself,
then with that I will yield back the balance of my time.
Mr. OBEY. Mr. Speaker, I yield myself the balance of the time.
Let me first second the comments made by the gentleman from
California about our departing Members. They have, I believe, all been
professionals. They have been an asset to this institution. They've
certainly been an asset to the committee, and I appreciate the many
courtesies that we have received from all of them throughout the years
and wish them all the very best in retirement.
Mr. Speaker, today we have three moving pieces with which we have to
deal between now and the closing of the session. The first is the
President's unprecedented bailout request or rescue request, however
you choose to term it, of $700 billion, which has, I believe, truly
astounded the Nation.
Second is the need to try to pass a second stimulus package which
tries to react to the loss of jobs in this economy by providing funding
for programs that will help create additional jobs and also provide
funding for programs that help mitigate the pain to families of the
loss of employment opportunities.
And thirdly, and most immediate, we have to pass a continuing
resolution to keep the government functioning. It is important that we
pass this and let the other body pass it because we can add at least a
small sense of stability to the markets that are in turmoil today and I
think also in the process give us more time to address the truly
radical proposals that have been sent down to us by the White House
with respect to that bailout.
I want to congratulate Mr. Murtha and Mr. Young because they both
know their bill. They both know their brief. And their staff has
provided able support to both of them, and I appreciate the hard work
that both of them have done, and I appreciate what they've contributed
to this institution over their careers.
I want to say the same thing about the Military Construction
Subcommittee, which has been ably led by Mr. Edwards and Mr. Wamp, and
certainly the Homeland Security Subcommittee, led so ably by Mr. Price
and the gentleman from Kentucky (Mr. Rogers).
I'm especially proud of what's happened in the Military Construction
bill. If you take the last year's budget plus this year's budget, we
have had the largest increase in veterans health care in the history of
the country, and much of that was adopted over the initial opposition
of the President.
Let me also say that I--
Mr. Speaker, could I suspend and ask the gentleman a question. Did
the gentleman yield back all of his time?
Mr. LEWIS of California. Yes, I did.
Mr. OBEY. I see the minority leader on the floor, and I'm sure that
he would probably like to say some words.
Mr. LEWIS of California. The gentleman is very kind.
Mr. OBEY. If I suspended my remarks, would you like to proceed with
the minority leader's comments right now if you could take back your
time?
Mr. LEWIS of California. The chairman is most sensitive and generous.
Thank you for that.
Mr. Speaker, I ask unanimous consent to reclaim 1 minute.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. LEWIS of California. Mr. Speaker, I yield 1 minute to the
Republican leader of the House, John Boehner of Ohio.
Mr. BOEHNER. Let me thank my colleague for yielding and thank my
friend from Wisconsin for his kindness.
Here we are, we have a bill where we're going to spend $800 billion
of taxpayers' money, a bill that has not been through the committee, a
bill that if there's a Member who's read it I would like to know who
they are.
And the reason I bring the point up is that the appropriations
process is not working. It's broken, and I think on behalf of all of
our Members that we need to make a commitment to make this process work
the way it was intended to work. I know appropriators on both sides of
the aisle want it to work. I think Members on both sides of the aisle
understand that this process needs to work because when it doesn't
work, the kind of transparency and accountability that we owe to our
constituents gets done behind closed doors.
There are billions of dollars worth of earmarks in this bill that no
one's ever seen. Maybe sometime we'll see them. I guess we could go
back here and root them out and try to find them, but nobody knows what
they are, how the money is really being spent, and that's why we have a
committee process. That's why we need the committee process to work,
and we need it to work for appropriators and Members of Congress on
both sides of the aisle.
Having said that, I really wanted to rise because there's a
significant achievement in this bill, and that is the elimination of
the ban on offshore drilling and the ban on drilling for oil shale in
the inner mountain West. These bans have been in place now for 25 years
that have held up a lot of American energy, and we have had a battle in
this Chamber for the last 4 months about bringing about an all-of-the-
above energy plan.
Now, this isn't all-of-the-above, but let me tell you what, it is a
very big step forward that we will, in fact, lift these bans and allow
American companies to drill for more American-made oil and gas in an
environmentally responsible way.
It's a joint victory, and I didn't want to miss an opportunity to
come down
[[Page 21024]]
and congratulate Members on both sides of the aisle who stood up and
said, enough is enough, we need to go after American energy if we're
going to help ourselves.
Now, there's a lot more to do in the energy arena, and if we're
serious about helping the American economy, doing all-of-the-above will
create almost 1 million new jobs, will reduce gas prices, reduce energy
prices, and this is a big step. But there's a lot more to do, and we
ought to do it before we leave here.
Right up here above the Speaker's rostrum is a quote from Daniel
Webster, and I will just quote the part of it when he says, ``Let us
develop the resources of our land.'' That was written a long time ago.
Those words were said even longer ago, and I do think the American
people want us to develop the resources of our land to help improve our
energy security because most Americans understand, without more energy
security, our national security and our economy is threatened.
Mr. OBEY. Mr. Speaker, let me resume my comments.
What I was trying to say is that the item I'm the most proud of in
this package is the fact that this Congress will have provided the
largest increase in veterans health care in the history of the
Republic, and in addition to that, we have also provided by action
taken just a few months ago the largest increase in education benefits
for veterans since the beginning of the GI Bill. I think that's truly
an historic action, and I am very pleased that this House was willing
to do that.
So this bill does contain the three bills that represent the
security-related appropriation bills for the coming year.
Having said that, let me make one observation. As I said earlier, I
initially did not plan to have the Defense bill in this package. Much
has been made today by some Members about earmarks in the bill. The
fact is if the Defense bill hadn't been in this package, those earmarks
would not have been in the bill. We put the Defense bill in, in the
end, at the request of the minority and at the request of the Secretary
of Defense who asked us to do so, and I suspect in the end it will
probably, from the standpoint of the Defense Department, prove to be
the right choice.
But having said that, I want to talk about why I believe we have not
been able to finish the domestic appropriation bills. The President
submitted a budget to us at the beginning of the year in which he
insisted that we cut some $14 billion in crucial domestic items.
Example: He wanted us last year to cut 50 percent out of vocational
education funding, and this year he wanted us to eliminate vocational
education. He wanted us in the last 2 years to eliminate all student
aid programs except Pell Grant and Work-Study. He wanted us to
eliminate the program that teaches medical personnel to deal with the
specialized needs of children in children's hospitals.
I've never had anybody in my life come up to me and say, ``Obey, why
don't you guys in Congress get your act together and cut cancer
research.'' And yet, that's what the President and the previous
Congress did; they cut almost 1,000 research grants out of the National
Institutes of Health.
At a time when we've had a 70 percent increase in the cost of home
heating, the President asked us to cut the Low Income Heating
Assistance Program, to help the victims of those price increases, by 22
percent. So if we had rolled over and accepted the President's domestic
budget, that's what we would have had to do.
And we felt therefore, that since the President had made quite clear
that he would veto any domestic appropriation bills that exceeded his
budget request, we felt that rather than capitulate and make those
cuts, we would simply say, ``All right, Mr. President, for the 4
remaining months that you're in office, we'll be living at your budget
level, but we will kick the can down the road so that if we have a
President who will negotiate like an adult at the end of the road next
year, then we will try to cut some compromises that will preserve some
of these high-priority areas.''
Now, the President made a Federal case out of our desire to spend $14
billion on our own people, and then he has presented to the Congress in
the last 2 weeks a request that we spend 50 times that much, 50 times
that much, on the bailout of Wall Street. And so I say that to put in
perspective the President's stubbornness.
The fact is, if he had not taken a ``my-way-or-the-highway'' approach
to domestic appropriations, we could have sat down. . . . I told Mr.
Nussle many times, I would have been happy to sit down and split the
differences right down the middle, compromise like adults are supposed
to. But no, the President said, ``My levels or no levels.'' So he gave
us no choice unless, of course, we wanted to capitulate.
So, by not finishing these bills, we maintained the possibility of
providing more support for medical research, more support for energy
research, more support for education, and more help to the 50 million
people in this country who have no health insurance, and I make no
apology whatsoever for doing that. I think it is the right thing to do
and the moral thing to do.
Now, let me explain just a bit about what's in this bill. We,
therefore, straight-lined all of the domestic bills until March 6. In
addition, we've included a number of other items. As I've indicated, we
have essentially doubled the Low Income Heating Assistance Program.
We're taking it up to the full authorization level.
We have provided the funds that the gentleman from Michigan just
referred to, funds requested to try to enable the auto industry to
modernize and retool. We did not give them the $50 billion that they
wanted. We have cut it to 25, and we did not change the authorization
in the way that the auto industry wanted because we did not want
government to be on the hook for 80 percent of the cost of those
projects.
{time} 1515
We also provided the $5 million the White House wanted so that they
can conduct their search of e-mails because of subpoenas that have been
laid on them. And we have provided $2 billion in this package so that
next February, the agency doesn't have to write every family in America
and say, ``Sorry, but the Pell Grants for your son or daughter for the
next year are going to have to be at a lower level than they were last
year.''
We have also provided $23 billion in disaster funding for Iowa,
Texas, and all the other States who have been hit by so many bad storms
lately. And I will stipulate that I believe that the Community
Development Block Grant portion of that disaster funding is inadequate
and will have to be revisited next year.
These are some of the initiatives we've taken. As the gentleman has
indicated, we have also in the process, at the insistence of the White
House, acquiesced in the White House's desire to lift the moratorium on
offshore drilling. That will mean that what happens in the future will
be determined by who is elected President. To me, that is what ought to
happen in a democracy. When politicians can't agree on something,
instead of continuing to try to gut each other and have needless
wrestling matches for 6 months at a time, the right thing to do on many
occasions is to simply say, ``Okay, we're going to take it to the
referees. We're going to take it to the final judges, the American
people.''
So that's what we're doing with this package. And it is the American
people who will decide whether they're comfortable with the President's
deep reductions in health, in education, in science, in low-income
heating assistance, or whether they believe that our investments
represent a better path for America if we want to see this country grow
through the coming years. Basically, that is what we are trying to do
with this package.
I appreciate the work of the literally hundreds of Members who have
had input into this product. I know I have certainly been grabbed every
time I turn around by Members who have this idea or that. I'm sure a
third of the House is unhappy because of items that are not in the bill
and another third is
[[Page 21025]]
unhappy because of items that are. But that's the way it goes when you
have got 535 people, plus a President in the White House who has from
time to time been known to have fairly strong views.
With that, I would simply say that I would urge support for the
product. I want to especially thank the staff of the committee on both
sides of the aisle. On this side especially led by Rob Nabors, our
staff chief. I do not think the average American understands how hard
they work. I don't know about last week, but I know this week, many of
them have not been to bed in 2 or 3 days. That, I think, is a testimony
to their dedication and their willingness to step up and help us do
what the country needs.
I hope that we will pass this today. But I hope we will keep in mind
that we have been asked to do so much with so little in some of these
discretionary appropriation bills; and I hope people will keep that in
mind in comparison to the huge size of the bailout that the President
is asking us to provide for Wall Street.
I make no apology for making one last stand to try to preserve our
ability to invest $14 billion in our people here at home at the same
time that we're being asked to provide 50 times that much to bail out
Wall Street for its past mistakes.
Mr. LATHAM. Mr. Speaker, I rise in support of this funding package,
and to tell my colleagues that there is much in this measure that
should be supported. I also want to say that we should not be put in
the position of scrambling to complete a continuing resolution to keep
the government from shutting down. This is no way to run a railroad.
Nevertheless, I want to say that I am pleased that we finally have a
disaster funding title. My constituents will be appreciative. While
this disaster money is a few months late, the citizens of Iowa will be
pleased to know that funding assistance will finally get to them--
hopefully, by mid-October--about 4 or 5 months after the floods came.
I do want to say that I am pleased that we have included in this
disaster portion of the package, over $100 million in FEMA Community
Development Loans. These funds are very much needed by FEMA as they
have said in the past so I was pleased that they were included as I had
asked. These are monies that can go to local governments to help offset
losses in local utilities, for example.
I have heard some complaints about the dispersal rates for funding
assistance from our earlier disaster measure. In some instances, those
complaints are justified but we all know bureaucracies are slow.
However, one of the reasons that some of the funding did not go forth
is that there was no money to send.
As most of you know, I and my colleagues on both sides pushed for a
disaster relief measure to be completed before we left for the August
recess because I knew that the first relief title passed on the Iraq
Supplemental this summer would not go very far. I also knew that if we
did not pass another flood disaster measure before we left, it would be
four or five months before my fellow Iowans and others in the Midwest
would see any significant relief assistance.
Unfortunately, the majority leadership refused to address the needs
of Iowa and other Midwestern flood states before the recess. In turn,
that meant that no funds would be forthcoming until fall. That was the
reason I pushed so hard to get a supplemental before the August recess.
Had we passed that supplemental disaster measure before August, and
it would have been easy to do, funds would have already been put to use
by now, and the recovery efforts would now be further along.
All of that being said, we do need to pass this package today because
we have put ourselves in the position where we have squandered our
time. I urge members to vote for the measure.
Mr. BLUMENAUER. Mr. Speaker, while there are some positive steps
taken in this legislation to help those hurt by recent disasters,
additional funding for cleaning up unexploded ordnance around the
country, and some important funding for our veterans, I am extremely
disappointed that this bill does not include an extension of the Secure
Rural Schools program. The expiration of this program would be a true
disaster for my state of Oregon. While the Pacific Northwest states may
be the hardest hit by expiration of the program, more than 40 other
states from California to Louisiana to Texas will also feel significant
impacts.
Clackamas County, in my district, could lose nearly $12.5 million in
funding that is crucial to its public and ecological health. In
addition to having to lay off teachers and other school employees,
other important county programs will be curtailed. Clackamas has
already discontinued their road maintenance program this year. The
county is also planning to close community health clinics because it is
unable to continue the necessary level of funding.
I hope that the House leadership will figure out some way to extend
this safety net for rural counties before the end of the year.
I also oppose this bill because it is letting our decades-long
moratorium on drilling offshore expire. This means that, starting next
week, the Interior Department can prepare leases for oil rigs as close
as 3 miles off our coasts.
While I may disagree with my Republican colleagues about the
environmental and economic impact of drilling on our nation's coasts,
there is little disagreement about how this will impact gas prices--
because it won't.
Even the Bush administration's own Department of Energy agrees that
more drilling will make no difference for at least a decade, and even
then any impact on the price at the pump would be insignificant.
I had hoped that we would at least be able to include provisions of
the House-passed energy bill that extended the moratorium to 50 miles
off shore, but it appears that even that reasonable compromise is not
enough for those who want to keep America addicted to oil.
I don't think this is the end of the story, and I hope the new
Congress and new administration will move quickly to enact sensible
protections for our coastal communities.
Lastly, I feel that holding funding to fiscal year 2008 levels for
many important domestic programs from education to health to
transportation will further hurt families at a time when they are
already being squeezed by higher food and energy prices and a slumping
economy.
Mr. HOYER. Mr. Speaker, Chairman Ike Skelton and the Armed Services
Committee have worked tirelessly to put this bill together, and I want
to begin by recognizing that hard work. Chairman Skelton is among this
House's most dedicated advocates for our men and women in uniform. And
he and his committee have put together a good authorization bill that
deserves our support.
The bill authorizes a total of $601.4 billion, including $531.4B in
budget authority for the Department of Defense and the Department of
Energy's national security programs. It also includes significant
commitments to new shipbuilding, advanced aircraft, and efforts to
protect our troops in the field from improvised explosive devices.
This bill goes a long way to rebuild our military, which is still
battered from years of fighting in Iraq and Afghanistan. It provides
for an increase of 7,000 active-duty Army personnel, 5,000 more Marine
Corps personnel, and 1,023 more Navy sailors. It dedicates significant
amounts for the reset of worn-down armed forces equipment: $8.6 billion
for Army and $1.8 billion for Marine Corps. $800 million is also
authorized for the Reserve and National Guard, which have borne a heavy
share of the fighting.
But just as importantly, this bill looks out for the needs of our
troops at a time when our country has asked so much from them. They
deserve all the support we have to give. That's why this bill gives
them a much-needed raise of 3.9%, more than the President's request,
blocks increases in their healthcare payments, and authorizes $3.2
billion to expand quality family housing.
In sum, this is a bill that strikes a sound balance between the needs
of our national defense and the needs of our troops and their families.
The road back to full military readiness will be long and hard--but
this bill is a big step in the right direction. I urge my colleagues to
support this vital piece of legislation--vital for our troops and vital
for our Nation's security.
Mrs. LOWEY. Mr. Speaker, on August 16, 2007, the U.S. Government
signed a new Memorandum of Understanding, MOU, with Israel to establish
the security assistance framework for $30 billion in U.S. military
assistance to Israel over the next decade. This agreement reflects the
unshakable U.S. commitment to maintaining Israel's qualitative military
edge in the region and increases assistance to help Israel meet its
security needs in the face of growing threats in the region. I am a
staunch supporter of this agreement which continues the strategic
relationship between the U.S. and Israel and will help guarantee the
security of both Israel and the United States.
Today, with the passage of the Continuing Resolution, Congress has
declared its support for meeting our obligation for the first year of
the MOU by approving a total of $2.55 billion
[[Page 21026]]
in FY 2009 for Israel in Foreign Military Financing. The $2.55 billion
in FMF funding includes $170 million in the FY 09 ``bridge-funding'' in
the FY08 supplemental (P.L. 110-161) and the FY 2008 funding level of
$2.38 billion. The Continuing Resolution also adjusts the funding level
for Israeli Offshore Procurement to reflect the current percentage of
Israel's FMF at $670,650,000, a longstanding provision that has proven
critical to ensuring Israel's qualitative military edge. The
congressional support for this agreement and the security of Israel is
clear and unequivocal.
Mr. SIMPSON. Mr. Speaker, in accordance witt House earmark reforms, I
would like to place in the Record a listing of the congressionally-
directed projects I have requested in my home State of Idaho that are
contained in the report of H.R. 2638, the Consolidated Security,
Disaster Assistance, and Continuing Appropriations Act, 2009
Appropriations Bill.
I'd like to take just a few minutes to describe why I support these
projects and why they are valuable to the Nation and its taxpayers.
The report contains $4,000,000 in the NPPD Infrastructure Protection
and Information Security account for the Power and Cyber Systems
Protection, Analysis, and Testing Program at the Idaho National
Laboratory. The program would conduct vulnerability analysis, testing,
and protection of power and cyber connected systems for the Department
of Homeland Security, utilizing the unique resources available at the
Idaho National Laboratory, such as the electric grid, SCADA and control
systems, cyber and communication test beds, and the explosives test
range. The proposed work entails collaboration with leading
universities and other National Laboratories to leverage ongoing
research at these institutions and advance the state-of-the-art in
building resilience into infrastructure systems. The funding would be
used to obtain full-scale systems in sectors of interest to DHS for
testing of vulnerabilities, identification of protection strategies,
and evaluation of resilient designs; partner with universities and
National Laboratories to develop resilient control systems; and
establish a program that develops new protection schemes. The INL is
uniquely placed to carry out this program, which would leverage its
ongoing work in this area sponsored by DoD, DHS, and Intelligence
Agencies and its established relationships with industry, universities,
and National Laboratories. This request is consistent with the intended
purpose of this account.
The entity to receive funding for this project is the Idaho National
Laboratory, located at 2525 North Freemont St., Idaho Falls, Idaho
83415.
The report contains $1,600,000 in the Defense Production Act
Purchases account for the Read Out Integrated Circuit (ROIC)
Manufacturing Improvement. The United States Air Force and the Missile
Defense Agency have been investigating ways to improve manufacturing
capabilities and improve cryogenic and radiation performance of these
circuits. The thermal imagers of the future will operate in harsh
environmental conditions for longer periods of time and will have
increased resolution (through increased pixel count) over the detectors
of today. Maintaining a domestic source of this technology as well as
working to enhance the manufacturing capabilities of this critical
technology are equally as important as increasing the yield. Funds for
this project will be used to establish a long-term, known U.S. source;
improve yields both by the manufacturer and by the vendors who use the
contractor as a manufacturing source; decrease the cycle time required
in manufacturing ROICs and a reduction of design cycle time by ROIC
designers; and provide a roadmap to meet the future needs of the ROIC
designers. When the program is completed, ROICs will be available with
twice the number of pixels for less money than the ROIC currently
costs. This request is consistent with the intended purpose of this
account.
The entity to receive funding for this project is ON Semiconductor,
located at 2300 Buckskin Rd., Pocatello, Idaho 83201.
The report contains $1,600,000 in the Medical Advanced Technology
account for the Integrated Patient Quality Program. To directly enhance
the patient-provider encounter, the Integrated Patient Quality Program
will identify the degree to which physicians utilize consumer content
integrated into the DoD Electronic Medical Record (AHLTA) and provide
after-visit summaries to patients, and identify the impact this
critical medical information has on patients' health and their ability
to make informed decisions. This phase of the project will build upon
the requirements' definition and technical feasibility study performed
within FY08 funding that developed a functional and technical road map,
and successfully tested the Integrated Patient Quality concept in a
development environment. Additionally, the Integrated Patient Quality
Program will explore content delivery options outside of the patient-
provider face-to-face interaction to include: secure provider/patient
e-mail, online laboratory results, pre-visit/test preparation, surgical
decision support, and disease management to at-risk patients. This
request is consistent with the intended purpose of this account.
The entity to receive funding for this project is Healthwise,
Incorporated, located at 2601 N. Bogus Basin Road, Boise, Idaho 83702.
The report contains $2,000,000 in the Support Systems Development
account for the Accelerator-Driven Non-Destructive Testing. The Idaho
Accelerator Center (lAC) proposes to continue development of
penetrating and nondestructive testing (NDT) techniques utilizing new
techniques in positron annihilation spectroscopy with accelerator-based
gamma-beams, and the use of monochromatic x-ray beams that are produced
by colliding high-power laser beams with high-energy electron beams.
Both of these core technologies have been under development at the lAC
for several years and have matured to the point that serious in-field
commercialization is possible. This request is consistent with the
intended purpose of this account.
The entity to receive funding for this project is Idaho State
University, located at 921 South 8th Avenue, Pocatello, Idaho 83209.
The report contains $1,440,000 in the Electronics Technology account
for the 3-D Technology for Advanced Sensor Systems Project. The
military has a need for new three-dimensional (3-D) packaging of
electronic systems, particularly sensor systems for portable
applications. The team of Boise State University and RTI International
has developed 3-D processing techniques on silicon and LTCC platforms,
including technologies for die- and wafer-scale bonding and 3-D
interconnects. These funds will allow them to apply these techniques to
create 3-D integration and packaging solutions applicable to a general
category of high performance sensor systems. These funds will be used
to support summer salaries for faculty, and provide salaries for
research staff, post-doctoral associates, graduate and undergraduate
students. Research supplies, capital equipment, and travel will be
funded as required to support the objectives of the project. This
request is consistent with the intended purpose of this account.
The entity to receive funding for this project is Boise State
University, located at 1910 University Drive, Boise, Idaho 83725-1135.
The report contains $1,200,000 in the Critical Infrastructure
Protection account for the Electric Grid Reliability/Assurance project.
The effort will operationalize advanced electric grid modeling
simulation and analysis capability that links disparate critical
infrastructure sector models that run simultaneously and dynamically to
share information providing greater understanding of critical
infrastructure status before, during or after a destructive event.
Funds will be used for the enhanced development of electric grid
modeling, simulation and testing capabilities at the Idaho National
Laboratory (INL). Incorporation of both real-time and distributed
system modeling capabilities will provide expanded capabilities for
analysis of systems critical to DoD. These efforts will provide DoD an
enhanced capability to simulate, prove and make recommendations for
techniques to sustain mission operations via continued power generation
when power from the electric utilities is no longer present. This
request is consistent with the intended purpose of this account.
The entity to receive funding for this project is Idaho National
Laboratory, located at P.O. Box 1625, Idaho Falls, Idaho 83415.
The report contains $1,200,000 in the Advanced Electronics
Technologies for the Hybrid Power Generation System. Research has
resulted in a breakthrough technology using compressed magnetic fields
which can generate power. The continued research, development, testing
and validation of the technology should result in mission extension for
dismounted soldiers and considerable savings by reducing the reliance
on disposable batteries. Approximately $57,000 is being spent per
soldier, per year on batteries alone in theatre. This technology will
not only reduce Federal spending needed for such batteries, but will
considerably reduce related military logistics costs, reduce the amount
of hazardous waste disposal costs (for the toxic substances used in
battery materials), and will reduce the man/machine interface by
reducing the 20-30 lbs of extra batteries soldiers are currendy
required to carry for extended missions. This request is consistent
with the intended purpose of this account.
The entity to receive funding for this project is M2E Power, Inc.,
located at 875 W. McGregor Court, Suite 150 Boise, Idaho 83705.
[[Page 21027]]
The report contains $3,200,000 in the Chemical and Biological Defense
Program Account for the Vacuum Sampling Pathogen Collection and
Concentration project. Production and commercialization potential of
the recently completed basic wet-vacuum pathogen collection system will
be further enhanced through completion and integration of current
prototype-stage ``sister'' technologies. The combined systems will
provide safer, more accurate and faster sample collection and
processing capabilities with GPS-RFID sample site documentation and
sample identification, plus handling, transport and lab traceability.
Current outsourced production activities will be centralized through
expanded in-house production facilities for more stringent cost, QC and
delivery schedule management and control. Integrated technology systems
will improve safety, accuracy and standardization of bio-agent
detection methods for our soldiers and civilian end users. This request
is consistent with the intended purpose of this account.
The entity to receive funding for this project is Microbial-Vac
Systems, Inc., located at 160 Bridon Way, Jerome, Idaho 83338.
The report contains $3,200,000 in the Advanced Spacecraft Technology
account for the Ultra Low Power Electronics. Ultra-Low Power (ULP)
Electronics is an Air Force Research Lab-sponsored initiative working
in collaboration with industry to develop electronics that require less
power and provide increased efficiency. A key challenge for DoD
electronics applications is the reduction of power consumption in the
Complementary Metal Oxide Semiconductor (CMOS)--the technology platform
used for advanced integrated circuits. Funding in 2009 will develop a
high OPS/Watt ULP platform solution for DoD designers of electronic
systems and demonstrate a base technology that can be rapidly scaled to
meet general ULP industry requirements for portable electronics. The
project is an iterative, multi-lot, fabrication research and
development effort that includes design tool and model development
necessary to deploy the new technology. A viable scaling method for
reducing electronic voltage requirements and the associated ULP
products will define an alternative CMOS scaling roadmap specific to
portable technology. This program will establish a new technical
approach and industrial capability for U.S. electronics. This request
is consistent with the intended purpose of this account.
The entity to receive funding for this project is American
Semiconductor, Inc., located at 3100 S. Vista Ave., Ste 230 Boise,
Idaho 83705.
The report contains $800,000 in the New Design Ssn Account for the
Highly Corrosive-Resistant Alloy Joining for Nuclear Applications. This
funding will be used to develop and test novel prototype design-for-
manufacturing methods, flexible automated welding and inspection
technology for application in submarine nuclear reactor propulsion
systems. The research will result in new joining techniques to shape
highly corrosive-resistant alloys to meet the requirements of
underwater power generation and radiation containment. This request is
consistent with the intended purpose of this account.
The entity to receive funding for this project is Premier Technology,
located at 1858 W. Bridge Street, Blackfoot, Idaho 83221.
The report contains $1,800,000 in the Air Force Military Construction
Account for the Mountain Home AFB Logistics Readiness Center. The
Existing Logistic Supply is a condemned 53-year-old wooden structure
beyond economical repair. The building had to be evacuated and now 60%
of base supply functions operate from temporary spaces across base,
creating significant delays in troop/equipment mobilization. This
negatively impacts the Wing's ability to demolish and relocate from
other substandard facilities on base. When funded, the Logistics
Readiness Center will provide command and control for all materials in-
bound and outbound, including freight processing, packing, crating,
pallet buildup shop, and provide bulk and bin storage. The facility
will also support secure storage and an armory and will include
administrative areas. This request is consistent with the intended
purpose of this account.
The entity to receive funding for this project is the 366th Wing,
Mountain Home Air Force Base, Idaho, located at 366 Gunfighter Avenue,
Ste. 107, Mountain Home Air Force Base, Idaho 83648.
I appreciate the opportunity to provide a list of Congressionally-
directed projects in my district and an explanation of my support for
them.
(1) $4 million for the Power and Cyber Systems Protection, Analysis,
and Testing Program; Idaho National Laboratory.
(2) $1,600,000 for the Read Out Integrated Circuit (ROIC)
Manufacturing Improvement; ON Semiconductor.
(3) $1,600,000 for the Integrated Patient Quality Program; Healthwise
Incorporated.
(4) $2,000,000 for the Accelerator-Driven Non-Destructive Testing;
Idaho State University.
(5) $1,440,000 for the 3-D Technology for Advanced Sensor Systems;
Boise State University.
(6) $1,200,000 for the Electric Grid Reliability/Assurance; Idaho
National Laboratory.
(7) $1,200,000 for the Hybrid Power Generation System; M2E Power Inc.
(8) $3,200,000 for the Vacuum Sampling Pathogen Collection and
Concentration; Microbial-Vac Systems, Inc.
(9) $3,200,000 for the Ultra Low Power Electronics; American
Semiconductor.
(10) $800,000 for the Highly Corrosive-Resistant Alloy Joining for
Nuclear Applications; Premier Technology.
(11) $1,800,000 in the Air Force Military Construction Account for
the Mountain Home AFB Logistics Readiness Center; Mountain Home Air
Force Base.
Mr. WAXMAN. Mr. Speaker, this Congress, the House and Senate have
passed important Federal contracting reforms, but neither body has
assembled them into a comprehensive package. The ``Clean Contracting
Act'' in title 8 of the National Defense Authorization Act consolidates
these provisions into a single, comprehensive reform measure.
I want to particularly thank Chairman Skelton for working with me to
help bring these provisions to the House floor today. He has been a
tremendous partner in the fight to root out waste, fraud, and abuse.
The Clean Contracting Act requires agencies to enhance competition in
contracting, limit the use of abuse-prone contracts, start the effort
to rebuild the federal acquisition workforce, strengthen important
anti-fraud measures, and increase transparency in federal contracting.
The provisions in the act respond to procurement abuses that the
Oversight Committee, the Armed Services Committee, and other committees
have identified in hearings and investigative reports. These egregious
procurement practices have occurred in Iraq, in the response to
Hurricane Katrina, and at the Department of Homeland Security--and they
need to be halted. They may enrich companies like Halliburton and
Blackwater, but have squandered billions of dollars that belong to the
taxpayer.
This legislation says that Congress is serious about stopping waste,
fraud, and abuse.
One important provision would limit the length of no-bid contracts
awarded in emergencies to one year. This provision would end the abuses
that occurred after Hurricane Katrina, when many ``emergency''
contracts were allowed to continue for many years.
Another provision would require regulations and reporting on the use
of cost-plus contracts, which provide contractors with little incentive
to control costs. Spending under this type of contract grew over 75
percent between 2000 and 2005.
Another important provision would prohibit contractors from charging
excessive mark-up charges for work done by subcontractors. This would
prevent the infamous ``blue roof'' scandal following Hurricane Katrina,
where taxpayers were charged almost $2500 dollars apiece for something
that actually cost $300.
Other vital provisions in this bill would prevent the abuse of
interagency contracts, as was the case at Abu Ghraib, where
interrogators were hired using an Interior Department contract for
information technology.
The bill also includes a modified version of a provision which
recently passed the House under suspension of the rules. It is based on
a bill authored by Rep. Maloney and requires the development of a
database of suspension and debarment information.
My only regret is that some of the other key reforms passed by the
House were not included in the final version of the legislation. I am
disappointed that the House and Senate compromise does not include a
ban on private interrogators in U.S. military detention facilities or
mandate congressional approval for any security pact with Iraq that is
negotiated by the President. I am also greatly disappointed the bill,
which authorizes some additional funding for the war in Iraq, fails to
set a timeline for the withdrawal of our troops.
Still, I urge members to support this bill because the Clean
Contracting Act provisions will make a fundamental difference in the
way our government operates and begin to restore taxpayer confidence.
Mr. SPRATT. Mr. Speaker, I rise in support of H.R. 2638, as amended,
but I wish to draw particular attention to the $5 million of funding
provided within this bill for a space-based kinetic interceptor study,
that, ostensibly, was included as an earmark requested by Senators
Allard, Inhofe, Kyl, and Sessions.
[[Page 21028]]
Chairman Obey's explanatory statement of the amendment under
consideration expressly states, ``The bill provides $5,000,000 to
support the study outlined in section 236 of S. 3001, the National
Defense Authorization Act for Fiscal Year 2009.''
Section 236 of the Defense Authorizaton bill no longer refers to a
space-based kinetic interceptor study. The provision specific to such a
study appeared in a Senate version of the authorizing bill, but it was
stricken from the House amended version of the bill that we passed this
afternoon for good cause.
Mr. Speaker, a study to explore the potential for space-based kinetic
interceptors within our ballistic missile defense system is a bad idea.
I have many reservations, but chief among them is the message that the
purported study would project to the world. It would clearly indicate
America's willingness to unilaterally introduce weapons into space. The
notion for the proposed study may be couched by its proponents as a low
cost method for determining the merits of a purely defensive mechanism,
but the dual use technologies associated with kinetic interceptors
could be used for a variety of offensive purposes, such as shooting
down satellites. Such a step, however small, would surely be perceived
as the first step toward an arms race in space, which would only place
our vital military and commercial space assets at greater risk.
Independent studies in the past concluded that space-based kinetic
interceptors would prove impractical and costly. We have no evidence
that the proposed study would prove otherwise.
Mr. Speaker, I wish to underscore that the Congress has not granted
any authority to fund a space-based kinetic interceptor study and to
reiterate for the record that the specific provision relied upon in
this bill for authority and guidance to fund such a study does not
exist.
Mr. WALSH of New York. Mr. Speaker, I am disappointed. After the
disappointment of moving to the minority in 2007, I took some solace in
the fact that the three highest elected Democratic leaders are all
former members of the Appropriations Committee--I thought they knew and
respected the work and procedures of our committee.
I am disappointed that in my last year as a member of the
Appropriations Committee, this majority has seen fit to bring just one
regular spending bill before the House.
Disappointed that in the continuing resolution and disaster sections
of this legislation, our Committee abandoned its traditional bipartisan
approach in favor of an attempt to play election-year politics.
Disappointed that, as far back as February, my friends in the
majority indicated they did not wish to deal with this President on
issues relating to spending and--regardless of the finger pointing that
I'm sure will go on--set the stage for the train wreck before us.
It is no secret that I do not always agree with the current President
on spending levels, but even if I did, he is brought into the process
only after we complete our work.
In short, we gave up without a fight, and that disappoints me and
that should disappoint those we represent.
We gave up without letting the Appropriations Committee work its
will, without letting the membership of the House work its will.
The Senate is the Senate and we have no control over what happens--or
more likely, doesn't happen there. But we do have control over whether
or not the House gets its job done, and quite frankly, that did not
happen this year.
So here we are, punting on what is the equivalent of a second down. I
regret that.
Having said that, reflecting on twenty years here in the Congress,
sixteen on the Appropriations Committee, and twelve as a subcommittee
chair, there has been far more satisfaction than disappointment.
Since this is probably the last time I'll address the Congress on a
pending Appropriations bill, I would respectfully request that the
Committee Chair and Appropriations Committee members return to regular
order and fiercely protect the prerogatives of this great committee.
Mr. CAMPBELL of California. Mr. Speaker, today the House of
Representatives voted on legislation (H.R. 2638, the Consolidated
Security, Disaster Assistance, and Continuing Appropriations Act of
2009) to fund government operations through March 6th of next year. The
legislation contained a provision to provide up to $25 billion in loan
guarantees to companies that engage in the manufacturing and
distribution of automobiles and trucks. Although I was advised by the
House Committee on Ethics and Standards that I had no ethical conflict
under the rules relative to this provision, I believe that I do have a
conflict. A company which I control derives substantial income through
real property leases to one of the auto companies that may receive loan
guarantees under this bill. Therefore, I felt it would be improper for
me to vote on or to engage in any debate or discussion on this bill.
Accordingly, I voted ``Present'' on H.R. 2638.
Mr. VAN HOLLEN. Mr. Speaker, it is with no small amount of misgiving
that I will cast my vote in favor of this Continuing Resolution today.
While I know that my colleagues on the Appropriations Committee worked
diligently and in good faith to fashion a responsible and responsive
bill for this Congress to consider, I regret that the White House did
not do the same.
First and foremost, I do not believe this document should be
repealing the twenty-seven year old congressional moratoria on offshore
drilling. While I--like many of my colleagues--am willing to consider
new ideas for responsible development in the context of broader,
forward-looking legislation like The Comprehensive American Energy
Security and Consumer Protection Act this House passed last week, I do
not support unrestricted drilling three miles off our coastline, and I
don't believe the American people do, either. Restoring common-sense
environmental safeguards and developing a genuine vision for this
Nation's energy future needs to be an early action item for an Obama
Administration and the 111th Congress.
Second, while I am gratified that this CR includes important
assistance for our struggling families in the form of additional funds
for Pell Grants, the Women, Infants and Children (WIC) program, and low
income home energy assistance, I am disappointed that it does not
include the kind of robust stimulus our economy clearly needs right
now. It is simply astonishing that the President would threaten to veto
$50 billion for job-creating infrastructure improvements, unemployment
insurance, food stamps and health care support for our states and
citizens at the same time he is asking for $700 billion to bailout Wall
Street. This, too, must and will change under an Obama Administration
and a strengthened Democratic Congress in 2009.
In spite of these and other shortcomings, we clearly must fund the
federal government through the beginning of next year--and the Defense,
Homeland Security and Veterans Affairs Appropriations bills included in
this package, while not perfect, all, on balance, have my support.
Mr. Speaker, I will vote for this temporary spending measure today--
mindful that Congress will be back to address its deficiencies in a few
short months.
Mr. PAUL. Mr. Speaker, this is a bad week for those of us concerned
over Congress' refusal to reign in federal spending. Not only are we
preparing to deal with at least a multi-billion dollar bailout of the
financial services sector, Congress today stands ready to add billions
to the national debt by passing H.R. 2638.
I would not object to many of the items in this bill if they were
offset by reductions on other, lower priority, programs. For example, I
would support the disaster relief package if the package were offset by
reductions in other spending, particularly reductions in our overseas
commitments. Unfortunately, H.R. 2638 not only fails to reduce spending
to finance disaster aid; it attaches money for the country of Georgia
onto the disaster aid package. Georgia is not receiving this money
because it was affected by a natural disaster but because it was
involved in a military conflict with Russia--which was started by
Georgia! It is an insult to the American people to divert money that
could have gone to help the victims of Hurricane Ike to promote
interference in a conflict that in no way threatens the security of the
American people.
Another particularly objectionable part of H.R. 2638 is the section
providing $7.5 billion in loan guarantees for the auto industry. In
exchange for the loans, the industry must agree to produce the type of
automobiles favored by federal bureaucrats. Thus, this bill not only
increases corporate welfare, it empowers federal bureaucrats to
displace the judgment of consumers as to where the auto industry should
concentrate its resources. As the failure of every centrally planed
economy throughout history shows, when government officials usurp the
decisions of consumers, workers, and entrepreneurs the result is
economic stagnation.
Mr. Speaker, H.R. 2638 represents another missed opportunity for
Congress to exercise fiscal discipline by funding the American people's
priorities, such as disaster relief, by reducing spending on non-
priority items, such as overseas spending. Therefore, I must oppose
this bill. I hope that in the future Congress will fund items such as
disaster relief by reducing spending in other areas instead of
burdening future generations with more debt.
Mr. DINGELL. Mr. Speaker, I rise today to express my support for H.R.
2638, the Continuing Resolution, or CR, and to thank Chairman Obey and
the Democratic leadership for
[[Page 21029]]
putting together a continuing resolution that includes a full year of
funding for our troops, veterans, and first responders, while also
guaranteeing continued funding for other essential Government programs.
I am especially pleased that the CR includes a $7.5 billion
appropriation to support $25 billion in direct loans to automakers to
re-tool their manufacturing facilities to produce the next generation
of advanced technology vehicles. The loans will help keep jobs in
Michigan and other States, and create new green jobs building new, more
fuel efficient vehicles. This package will help us move quickly towards
vehicles that will reduce our dependence on foreign oil and reduce our
greenhouse gas emissions, and I have every confidence that just like
the loan guarantees to Chrysler in the 1980s these loans will be repaid
to taxpayers at a profit. These loans would not be in the CR were it
not for the tireless work of the entire Michigan delegation, or the
strong leadership of Speaker Pelosi, Majority Leader Hoyer, Senate
Leader Reid, Michigan Senators Levin and Stabenow and all the
Democratic and Republican Leadership in the House and the Senate.
I am pleased that we have also provided a full year of funding for
the Department of Defense. This package includes important increases
for training, addresses National Guard and Reserve equipment
shortfalls, so that our troops are sent into battle well prepared and
well equipped. It also contains increases for military health care, and
for programs that support military families.
In addition to providing for our troops overseas, this bill provides
for our veterans once they have returned home by continuing to
strengthen the Department of Veterans Affairs. The funding provided for
the VA in this bill builds upon prior efforts of the 110th Congress to
provide our veterans with the health care and other benefits they
deserve. In the last 3 years, Congress has increased funding for
veterans' health care by $11.8 billion. This year, Congress has
provided $47.6 billion for the VA, which is $4.5 billion above the 2008
funding level and $2.8 billion over the President's request. These
increases will be used for improvements in veterans' medical care,
including mental health treatment for veterans suffering from post
traumatic stress disorder, or PTSD. The increases will also be used to
hire more claims processors, provide state-of-the-art prosthetics, and
make important facility improvements.
This bill also provides critical homeland security funding to protect
our country from terrorist attacks and to help respond to devastating
natural disasters. The CR contains $4.2 billion in grant funding for
port security and first responders, increases in funding to hire 2,200
new border patrol agents, and important new oversight provisions to
ensure Department of Homeland Security is spending its money wisely and
implementing the findings of the 9/11 Commission. The bill also
provides $22.9 billion in emergency disaster response assistance to
help the gulf coast rebuild from Hurricane Ike, help communities in the
Midwest that suffered from floods, and assist those in the West that
were ravaged by wildfires.
Like many of my colleagues, I had hoped that this administration
would be willing to work with Congress as we began our work on the
appropriations process. Unfortunately, most other government programs
are going to be temporarily funded at last year's levels until March 6,
2009, because we did not receive the kind of bipartisan cooperation
required to complete work on all 13 appropriations bills. As the
unemployment rate continues to rise and American families are
struggling, this administration refuses to recognize that increased
funding for programs such as the Commodity Supplemental Food Program,
unemployment insurance and employment service operations, the Low-
Income Home Energy Assistance Program, among others, is desperately
needed.
Next year, Congress will have the opportunity to work with a new
administration that I imagine will be more favorable to these programs,
but until then I am pleased to see that some of these important
programs will receive a much-needed increase. For example, this
continuing resolution increases funding for student financial
assistance programs by $2.5 billion, with $16.8 billion devoted
exclusively to Pell grants. With the troubles in the financial markets,
this funding is critical for students who rely on aid to finance their
education. I strongly believe that higher education is the key to
turning our economy around, especially in Michigan, and the fear of
student aid being cut is a distraction our students and their families
do not need. The increase in the Pell Grant Program will help those
that need it the most, at a time when they need the help the most.
I am particularly pleased that this legislation will set an annual
funding level of $110 million for State unemployment insurance and
employment service operations at the Department of Labor. As the State
with the highest unemployment rate of 8.9 percent, families in Michigan
know all too well the difficulty unemployed workers are having not only
in finding a new job, but also receiving the critical training or
assistance they need. Since this President took office Michigan has
lost over 400,000 jobs. In the last 6 months alone, Michigan has lost
an average of 3,820 jobs per month. Without further funding for
unemployment insurance we cannot turn this trend around. We all can
agree that finding a job during an economic downturn is extremely
difficult. Therefore it is critical that families have the help they
need to buy their groceries, pay their mortgages, and fill their gas
tank until that next employer is found. I hope that as Congress turns
to the economic stimulus package we can go a step further and extend
unemployment benefits for States that need it the most.
This legislation also included a critical increase for the Commodity
Supplemental Food Program, CSFP, and the Nutrition for Women, Infants
and Children, or the WIC program. Without the increase of $23.5 million
for this program, 70,000 low-income women, infants, children, and
elderly citizens, would risk losing access to food. With over 70,000
citizens relying on CSFP in Michigan, this increase is critical. This
is also true of the WIC program which assists over 200,000 families in
Michigan each year. This legislation would increase funding for this
program by $1 billion, which will greatly help mothers and their
children buy the groceries they need at a time when food prices
continue to sky rocket. When the price of a gallon of milk is the same
price as a gallon of gas, we need to ensure that our families are not
forced to choose between the two.
While Michigan families are being forced to pay more for many goods
and services, one of the most painful increases has come from rising
energy costs. Fortunately, this legislation includes $5.1 billion for
the Low Income Home Energy Assistance Program, which is $2.5 billion
more than 2008 levels and will assist 2 million additional households.
LIHEAP, a critical but thinly stretched program, serves nearly 560,000
homes in Michigan. This funding will help the State of Michigan in its
efforts to provide as many homes as possible with home energy
assistance. The need for this funding is clear. The winter months bring
with them rising utility costs, and the State of Michigan has seen an
additional 30,000 LIHEAP applicants between June 2007 and June 2008. In
addition, this bill provides $250 million for weatherization
assistance. Around 3,000 homes in Michigan are served by projects that
increase their home energy efficiency. The increased funding will allow
for weatherization of approximately 100,000 homes, saving low-income
families $400 in energy costs.
One thing that is not included in this bill is an extension of the
decades-old moratorium on offshore drilling. This means for the next 5
months drilling is allowed up to 3 miles off the Atlantic and Pacific
Coasts and parts of the Eastern Gulf of Mexico. The citizens of
Michigan's 15th Congressional District are no strangers to high gas
prices; in fact, average gas prices in Michigan are among the highest
in the Nation. Despite the claims of the Bush administration and its
Republican Congressional allies that drilling in the Outer Continental
Shelf is some sort of panacea, allowing the moratorium to expire will
have little effect on rising prices at the pump. I would remind my
colleagues across the aisle that the Energy Information Administration
reported in 2007 that, ``access to the Pacific, Atlantic, and eastern
Gulf regions would not have a significant impact on domestic crude oil
and natural gas production or prices before 2030.'' Earlier this year,
Republicans obstructed legislation that would require oil companies to
start drilling on the 68 million acres of Federal oil reserves which
they are warehousing or lose the ability to obtain new leases. If the
Republicans were really concerned with bringing down gas prices, they
would have voted for a bill that would have taken action now to
increase oil production.
Fortunately, under the current plan, leasing in these off-shore areas
will not begin until 2012. This most certainly means that the next
President and the next Congress will steer the course of our national
drilling policy. If I have anything to do with it, this policy will
include a framework for leasing and development that complies with
environmental laws and insists on proper direction and use of revenues
gained from drilling.
This legislation provides funding for critical programs and ensures
our government will continue to operate until March 6, 2009. While it
is disappointing that partisanship and election year politics stopped
us from completing our work on all 13 regular appropriations bills
[[Page 21030]]
this year, I am hopeful that we will quickly finish our work next March
when we have better leadership from the White House and a larger
majority to work with. I once again thank Speaker Pelosi, Majority
Leader Hoyer, and Chairman Obey for their hard work on this important
bill, and urge my colleagues to support it.
Mr. ETHERIDGE. Mr. Speaker, I rise in support of H.R. 2638, the
Consolidated Security, Disaster Assistance, and Continuing
Appropriations Act for 2009. This bill provides vital funding for our
national security needs by including regular appropriations for the
Department of Homeland Security, the Department of Defense, and the
Department of Veterans Affairs. It also provides continuing funding for
the regular operations of other areas of the Federal Government to
prevent any interruption in vital services for our citizens.
As a veteran of the U.S. Army, I am proud that this bill keeps our
commitments to our troops and their families, those who are serving in
Iraq, Afghanistan, and other areas around the world and those who have
served our Nation honorably in this war or previous times of strife.
H.R. 2638 provides $487.7 billion for our military needs. It
addresses equipment shortfalls for our troops, improves training, and
ensures that our military men and women, and their families, receive
first class medical care. The bill increases military pay by 3.9
percent, rejects the President's attempts to increase TRICARE fees, and
continues our commitment to the well-being of our soldiers. It provides
critical support to the people who support our troops, making $2.8
billion available for family advocacy, education, and daycare. It
improves barracks and military hospitals with a $734 million increase
over the President's request, ensuring our soldiers have quality
facilities when they serve our Nation.
Like the House-passed Military Construction and Veterans Affairs
Appropriations Act, H.R. 6599, this bill makes veterans a top priority.
It includes a total of $47.6 billion for the Department of Veterans
Affairs, more than 10 percent over last year's appropriation. $41
billion supports the Veterans Health Administration (VHA) and Veterans
Medical Services, which expects to serve more than 5.8 million patients
next year. To improve access to care for our veterans, particularly in
rural areas without a VHA facility, the bill provides $200 million for
fee-based providers where VHA services are not available. This bill
also helps our soldiers returning today from Iraq and Afghanistan,
increasing funding for traumatic brain injury and post traumatic stress
disorder treatment, as well as supporting prosthetics and new
prosthetic technology.
As the Representative of Fort Bragg, one of the largest United States
Army bases in the country, I am pleased that this bill addresses the
needs of our military installations. H.R. 2638 includes $25 billion for
military construction. With a commitment of $8.8 billion, this bill
addresses the costs of implementing the Base Realignment and Closure
(BRAC), which is bringing unprecedented growth to Fort Bragg.
As a Member of the House Committee on Homeland Security, I am pleased
that this bill makes investments in our security needs while cutting
funding for low priority and poorly managed programs. It also demands
long-needed oversight for contracting and procurement to ensure
taxpayer funds are well spent. Homeland security begins with hometown
security, and this bill provides $4.2 billion, nearly twice the funding
requested by the President, for first responders who provide the first
line of defense against disaster, whether natural or man-made. It
provides funding for a record number of border patrol agents and other
Customs and Border Protection (CBP) officers, enhancing our ability to
enforce our laws and keep our borders secure. The bill pays for 4,361
new CBP personnel and 1,400 more detention beds for Immigration and
Customs Enforcement (ICE), and adds $1 billion for ICE's enforcement
efforts and $775 million for border security fencing and technology.
Overall it includes nearly $40 billion in funding to keep Americans
secure and ensure that our Nation is prepared for every emergency.
H.R. 2638 provides additional money for Community Development Block
Grants, Social Services Block Grants, and disaster relief to address
the emerging needs of communities responding to recent natural
disasters. It also provides an additional $2.5 billion over last year
for Pell Grants to prevent cuts that were facing college students in
the middle of the year.
This is not a perfect bill, and compromises needed to be made in
order to ensure our Nation's vital priorities can be addressed. I am
disappointed that H.R. 2638 does not include any restrictions on
offshore drilling, ending 25 years of Congressional protection for our
beaches and shorelines, and allowing oil rigs to be built just three
miles from our coast. I am disappointed that this bill does not include
a balanced energy strategy, like that in the House-passed H.R. 6899,
the Comprehensive American Energy Security and Consumer Protection Act,
to give states control over their coastlines and target drilling and
exploration in the Outer Continental Shelf (OCS) beyond 50 miles of our
coastlines. I am disappointed that this bill does not significantly
address our desperate need for school construction and modernization,
as our schools are bursting at the seams and our economy could use the
new jobs it would create. I am disappointed that in this time of
financial crisis, this bill does not address state shortfalls for
Medicaid and other pressing needs. I look forward to working to address
these shortfalls when the 111th Congress takes up appropriations for
the rest of FY2009 in the new year.
I support H.R. 2638, the Consolidated Security, Disaster Assistance,
and Continuing Appropriations Act for 2009, and I urge my colleagues to
join me in voting for its passage.
Mr. UDALL of Colorado. Mr. Speaker, I will vote for this
appropriations measure--partly because of what it includes, but
primarily because I have concluded it would be irresponsible and a
dereliction of duty to do otherwise.
Nonetheless, I must express my unhappiness with the way in which the
legislation was developed, especially the decision to accede to the
Bush Administration's insistence that it not include anything that
would impede their desire to rush toward full-scale commercial
development of oil shale.
By this insistence, the White House has shown it is quite ready to
disregard our Western Slope communities and put Colorado's water
supplies at risk. They were prepared to shut down the entire Federal
Government--at a moment when our economy is in crisis--rather than
accept a careful, responsible approach to full-scale oil shale
development. Such `my way or the highway' tactics are deplorable, and
while some may be tempted to respond in kind, I cannot in good
conscience adopt the same approach by voting against this legislation.
I am also very disappointed that far too many of the measure's
provisions have never previously been considered by the House or even
approved by the full Appropriations Committee, meaning that they never
have been and never will be the subject of detailed debate or possible
revision.
I do not think this is the way the House of Representatives should
exercise its serious constitutional responsibility for deciding how to
spend the taxpayers' money.
However, while both the process through which the measure was
developed and the details of its provisions could have been better, it
includes many provisions that deserve enactment.
For example, it includes $910 million to defray firefighting costs
and emergency fire-prevention efforts, and to help recover lands
devastated by recent fires.
This has been one of the worst wildfire seasons on record, and while
Colorado has not been as hard hit we have not been immune. Nationally,
nearly 5 million acres have burned, costing over $1.8 billion for
Federal wildfire suppression activities, which is $700 million above
the average suppression cost.
So, it is appropriate that that measure includes a total of $610
million for wildfire suppression activities, including sufficient funds
to fully repay all agency operating and construction funds which were
previously borrowed to support emergency suppression activities earlier
this summer. This repayment will allow the Forest Service and the
Interior Department to use contractors and staff to revive important
projects which were delayed by the budget shortfalls earlier this year.
In addition, this legislation includes a total of $175 million for
urgently needed hazardous fuels reduction projects all over the Nation,
including extensive areas in Colorado and other parts of the mountain
west which are suffering unprecedented tree die-off from infestations
of bark beetles and some other insects. Of this total, some $125
million is for state and private activities and $50 million for
projects on national forests. Another $100 million will be used for
rehabilitation of burned areas, including $75 million for the Forest
service and $25 million for the Interior Department, and another $25
million is provided for firefighter retention.
Responding to the problems associated with insect infestations in
Colorado's forests has been a high priority for me. I have worked with
other members of our state's delegation on legislative proposals and
have joined in efforts to secure increased funding for that purpose--so
these parts of the bill are particularly welcome.
Further, as a member of the Armed Services Committee, I am also
particularly glad to
[[Page 21031]]
note that the FY09 Defense Department Appropriations bill included in
this package puts our troops first.
It provides funds for necessary weapons and equipment and training,
boosting funds particularly for the National Guard and Reserve; makes
critical investments in the health of our troops, including $300
million for traumatic brain injury and mental health; provides more
than the president's request to improve army barracks and military
hospitals; and compensates troops for every month their terms of
service are involuntarily extended, also known as ``stop loss.'' The
bill also includes funding for important weapons systems and
intelligence, surveillance and reconnaissance needs.
This legislation also provides FY09 funding for Defense Department
military construction, including $474 million for military construction
projects at Fort Carson, as well as $65 million for construction at the
Pueblo Chemical Depot, $4.9 million for land acquisition at Peterson
AFB, $18 million for Colorado National Guard readiness centers in
Denver and Grand Junction, $3 million for a satellite pharmacy and $4.2
million for Alert Crew Headquarters at Buckley Air Force Base, and $18
million to upgrade academic facilities at the U.S. Air Force Academy.
Finally, this legislation includes FY09 funding for the Department of
Veterans Affairs--providing $47.6 billion for veterans' medical care,
claims processors, and facility improvements, including $20 million for
the new Fitzsimons VA hospital. The bill makes substantial increases in
mental health and substance abuse programs, provides veterans with
advanced prosthetics, provides additional resources for veterans who
live in places where the VA does not offer sufficient services,
increase the gas mileage reimbursement rate to 41.5 cents per mile, and
improves access to care for veterans in rural areas.
In conclusion, I have decided the bill's merits--which include the
fact that it will allow all federal agencies to continue their work
until the next Congress can complete action on funding legislation for
the remainder of this fiscal year--outweigh its defects, and I will
vote for it.
Mr. TIAHRT. Mr. Speaker, this continuing resolution spending bill
contained needed funding provisions, many of which I support. In fact,
three separate Appropriations bills--Defense, Homeland Security, and
Military Construction--Veterans Affairs are included in the Continuing
Resolution (CR) package. The insertion of these individual bills within
the CR will ensure the safety and security of our Nation, maintain the
commitment of Congress to our men and women in uniform, and provide for
the needs of our veterans through the next fiscal year.
Despite the needed funding to our troops and veterans, the Democrat
leadership decided to take political advantage of this spending bill
and slipped in several inappropriate spending measures. This
legislation includes unjustified spending measures that should have had
the opportunity to be considered through the normal legislative
process, and not tacked onto a massive, catch-all Appropriations bill.
One of these unjustified spending measures includes a $25 billion
bailout of the auto industry of which $7.5 billion is appropriated in
the bill. First in line were Fannie Mae and Freddie Mac then Bear
Stearns, and now a bailout to the auto manufacturing industry--Mr.
Speaker, where does it end?
We must address the core economic problems that hold back workers
from better paying jobs and that stifle businesses from being
successful. The best and most responsible approach Congress can take is
to continue to pursue policies designed to get our economy growing
again. After September 11, 2001, our Nation's general aviation and
airline manufacturing industry greatly suffered. Congress had a choice,
to throw millions of dollars at the aviation industry or take a market
based approach and allow accelerated depreciation of its products. The
Republican majority chose to pass a jobs and economic growth bill that
included depreciation and expensing provisions, which according to
manufacturers, have resulted in back orders until 2012-2013. This is
just one example of a market based solution to an economic crisis.
This is the type of policy that should guide this Congress in dealing
with the failings of the auto industry, the housing industry, and so
on. I cannot support a bill that attempts to undercut the integrity of
our Nation's free market infrastructure through a $25 billion bailout
of the auto industry.
Ms. ROYBAL-ALLARD. Mr. Speaker, I rise in strong support of H.R.
2638, The Consolidated Security, Disaster Assistance, and Continuing
Appropriations Act. This bill makes critical investments in America to
provide we have the necessary resources to secure our nation, to
prepare and respond to natural disasters, and to maintain the
uninterrupted flow of important government services and functions.
This continuing resolution includes three annual appropriations bills
to operate important security programs in the departments of Defense,
Homeland Security, and Veterans Administration. With the nation engaged
in military conflict both in Afghanistan and Iraq, it is important that
Congress provide the necessary investments in the Defense Department
for the American men and women engaged in both battles. As a step-
mother of a uniformed soldier and a wife to a former Marine, I am
particularly pleased with the increased investment of $28.4 million
over current funding; among other important items for our troops this
will address equipment shortfalls, supply quality training, and provide
top of the line medical care to our troops.
The bill increases our investment in Homeland Security by $2.3
billion over 2008 levels. Most of this increase is in the area of
grants to states and localities for much needed security programs such
as those for urban areas, states, transit systems, fire, interoperable
communications and emergency management performance. Key programs in
customs and border protection and the Transportation Security
Administration which monitor and safeguard our borders, trade and
transport systems will also receive increases.
The bill also makes investments in veterans' programs and in military
construction, providing a $9 billion increase in funding. We all
appreciate and honor the service and sacrifice of our veterans, and
these investments will fund increases for medical care and will improve
access to medical services for all veterans. It also continues a
critically needed quality of life initiative to improve living
conditions for training soldiers and marines and to upgrade substandard
medical treatment facilities.
In addition to these three regular appropriations bills, our
legislation addresses important emergency needs. With hurricanes in the
gulf coast, floods in the Midwest, and wildfires in the west, America
has experienced another year of dramatic weather-related disasters. Our
bill makes a $22.9 billion investment to not only respond to these
specific events but also to ensure our preparation and readiness for
future emergencies. These funds will help rebuild damaged highways,
levees and other public infrastructure; help communities revitalize
their damaged economies; and provide important social services to
affected residents.
Of course, it is equally important that we take the opportunity of
this continuing resolution to address certain important domestic needs.
Accordingly, this bill makes several important investments to directly
benefit hardworking families, as well as strengthen the American
economy. These investments include the following increases over current
funding:
$1 billion for Nutrition for Women, Infants and Children (WIC) to
provide mothers and their children with proper nutrition to cover
increased costs as more families struggle with the economic downturn
and rising food costs;
$23.5 million for the Commodity Supplemental Food Program to prevent
nearly 70,000 low-income women, infants, children, and elderly
citizens, from losing access to food;
$2.5 billion for the Home Energy Assistance (LIHEAP) to help families
pay rising home energy bills, assisting an additional 2 million
households and raising the average grant from $355 to $550;
$2.5 billion for Pell Grants to prevent cuts to student aid midway
through the school year;
$2.9 billion to help the Census Bureau to ramp up operations for the
2010 Census; and
$7.5 billion to support $25 billion in loans to help American
automakers retool their factories to build more fuel-efficient
vehicles.
While I am pleased the continuing resolution addresses these
important issues, I am disappointed that it does not include another
important matter--an extension of the drilling ban on the outer
continental shelf. Although an extension of the ban had become routine
in the annual appropriations bills, the current energy crisis has made
that impossible this year. I trust congressional leaders in the next
Congress will reach an agreement that addresses our energy needs while
still providing continued environmental safeguards for our coastlines
and coastal communities.
Mr. Speaker, my constituents are not happy that once again Congress
has had to resort to a continuing resolution to fund the operations of
the government. Unfortunately, the Congress was left with no choice but
to proceed in this fashion when the President threatened to veto
domestic spending bills that exceed his inadequate requests. Re-
investing in America and in American families is the new Majority's
priority; however, it clearly is not the priority of
[[Page 21032]]
the Administration as evidenced by the President's budget request.
Rather than engage president renown for his inflexibility, the new
Majority has opted to work with the next administration to fund these
important programs.
I urge my colleagues to support this bill to secure our nation,
invest in America, and respond and prepare for disasters.
Mr. KUCINICH. Mr. Speaker, this bill will provide the necessary
funding to keep federal agencies up and running through March 6, 2009.
While most agencies will continue to be funding at fiscal year 2008
levels there are three agencies, the Department of Defense, Military
Construction-Veterans Affairs, and the Department of Homeland Security,
that will receive full-year funding at fiscal year 2009 levels.
This massive funding bill is necessary in part because Congress
lacked the will to consider fiscal year 2009 funding through the
regular legislative process. Had each of the 13 annual appropriations
bills been deliberated separately there would have been an opportunity
to debate and reform portions of federal spending. Debate and
reformation are an important part of the process because they allow
funding to be shifted to more accurately reflect the priorities and
needs of the American people.
With our economy in crisis it is more important than ever to ensure a
budget that creates jobs and improves job security for hardworking
Americans, provides all citizens with healthcare and affords an
exemplary education for our children that will give them the skills to
compete in today and tomorrow's world. It is significant that the
federal budget in fiscal year 2008 was not reflective of my
constituents' needs and priorities.
Unemployment is continuing to rise. The latest unemployment
statistics show that our national unemployment is at 6.1 percent and
Ohio's unemployment is now 7 percent. At the same time the number of
jobs vanishing in America outpaces the number of jobs being created.
This net loss of jobs coupled with high unemployment is a disastrous
combination. Home foreclosures continue to rise and more families are
expected to fall behind. In Cleveland the foreclosure crisis continues
to worsen substantially. 47 million Americans have no health insurance
and another 50 million Americans remain underinsured.
Fiscal year 2008 appropriations bills dedicated only approximately 6
percent of the discretionary budget to education, training, employment
and social serices. Roughly another 5 percent was dedicated to health,
4 percent for services and benefits for our veterans and approximately
5 percent was devoted to income security. The vast majority, over 50
percent, of the discretionary budget was spent on national defense. In
addition, the Department of Defense budget has received a 6 percent
increase between fiscal years 2008, and 2009 while the Departments of
Education, Labor and Health and Human Services will continue to be
funded at fiscal year 2008 spending levels.
The United States military is unmatched. We outspend the rest of the
world combined two to one. Yet the bill follows a misguided strategy of
buying weapons that provide Americans with no increased safety. This
bill fails to match real threats to our security with appropriate
defensive measures. Our foreign policy should promote economic
stability worldwide, thereby eliminating the true roots of terrorism,
desperation. This bill does the opposite by swelling policies of fear
and aggression. H.R. 2638 contains a host of provisions that do a grave
disservice to the American public.
This bill devotes $10 billion to missile defense. These funds include
a third interceptor site for the Ground-Based Mid-Course Defense (GMD)
program despite a lack of assurance that the system will work or is
needed for the safety of our nation. Congress' continued funding of the
GMD only lends credence to the Administration's misguided claims the
system is necessary to defend the U.S. from a long-range ballistic
missile attack from Iran despite the fact that Iran is unlikely to pose
such a threat to the United States in the foreseeable future.
Furthermore, the bill appropriates $3.6 billion for the Army's future
combat systems; $2.9 billion for the Air Force's next generation
aircraft the F/A-22 Raptor and $3.6 billion for the F-35 Joint Strike
Fighter which is a next generation aircraft for use by the Air Force,
Navy and Marine Corps.
The security of America lies not in defense spending but in ensuring
well paid jobs for hard-working Americans, guaranteed health care and a
strong education for our nation's youth. We must shift our priorities
because our current spending trends are threatening our social fabric
and economic security.
Another detrimental provision in the bill allows the longstanding
moratorium on drilling on the outer continental shelf to expire, which
is a policy that will provide virtually no relief from high gas prices
in the short or long term. It will instead lock us further into an
unsustainable energy future and pave the way for drilling in our
precious Great Lakes, our drinking water source. If we were serious
about lowering prices now, we would focus on that which can actually
make a difference now, which is energy efficiency and curbing the
profit seeking behavior of the oil industry.
Although the budget priorities in this bill are out of touch, it does
contain important provisions that are needed by the American people and
by my constituents in Ohio's tenth district. These programs and others
all have merit, deserve more funding and will have a positive impact
during these tough economic times. Unfortunately this bill holds these
admirable initiatives hostage to our nation's bloated and often
counterproductive defense spending.
For example, this bill provides an increase of $23.5 million over
fiscal year 2008 for the Commodity Supplemental Food Program (CSFP). In
Cleveland and around the nation families are turning to food pantries
for emergency food assistance. Food pantries are continuing to
experience increased demand and are finding it increasingly difficult
to meet the needs of the community. As jobs continue to decline and
food and fuel prices continue to rise, more middle-class families are
seeking this emergency food assistance.
This bill will provide an additional $1 billion over fiscal year 2008
funding levels for the Nutrition for Women, Infants and Children (WIC)
program to help combat the struggles families face with rising food
costs. The bill grants $2.5 billion more than the fiscal year 2008
level for the Low Income Home Energy Assistance Program to ensure that
families stay warm in the upcoming winter months. I also support the
$250 million for weatherization programs that will help families lower
their energy use and combat the hardships associated with increasing
energy costs.
This bill contains $7.51 billion to carry out the $25 billion
Advanced Technology Vehicles Manufacturing Loan Program. These funds
are critical to our domestic automobile industry because they will help
manufactures to re-equip and expand U.S. facilities to produce high
fuel-efficiency vehicles and parts. This program is important in Brook
Park, Ohio at the Ford manufacturing plant, where the equipment
currently used to manufacture the six-cylinder engines will need to be
replaced to accommodate demand for fuel-efficient cars. This can help
to ensure that jobs in Cleveland are secure as well as pave the way for
additional jobs by transitioning to the vehicles of tomorrow such as
hybrid electric cars and fuel cells.
While help for the auto industry is clearly long overdue we are
allotting this money without a broader and more comprehensive strategy
that addresses the problem, not the symptoms. Building the plants of
tomorrow is a good step but without rethinking and reforming our flawed
NAFTA-style trade policies, the U.S. automobile industry will remain
under threat. Triggering surges in automotive imports into the United
States while limiting the demand of U.S. made products at home and
access to markets abroad exacerbates U.S. competitiveness. These faulty
trade policies are responsible for enormous auto trade deficits and the
loss of tens of thousands of well paid American jobs.
This body must stop passing legislation that does not reflect the
real needs and priorities of the American people. We cannot continue to
spend approximately half of our total federal budget dollars on the
development of weapons systems and excessive military capabilities
while the American people go without jobs, health care and good
schools. We owe the American people better.
Mr. OBEY. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 1488, the previous question is ordered.
The question is on the motion by the gentleman from Wisconsin.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. LEWIS of California. Mr. Speaker, I object to the vote on the
ground that a quorum is not present and make the point of order that a
quorum is not present.
The SPEAKER pro tempore. Evidently a quorum is not present.
The Sergeant at Arms will notify absent Members.
Pursuant to clause 8 of rule XX, this 15-minute vote on concurring in
the Senate amendment with an amendment will be followed by 5-minute
votes on suspending the rules with respect to H.R. 5265 and House
Resolution 1451.
[[Page 21033]]
The vote was taken by electronic device, and there were--yeas 370,
nays 58, answered ``present'' 1, not voting 4, as follows:
[Roll No. 632]
YEAS--370
Abercrombie
Ackerman
Aderholt
Akin
Alexander
Allen
Altmire
Andrews
Arcuri
Baca
Bachmann
Bachus
Baird
Baldwin
Barrow
Bartlett (MD)
Barton (TX)
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Bonner
Bono Mack
Boozman
Boren
Boswell
Boucher
Boustany
Boyd (FL)
Boyda (KS)
Brady (PA)
Brady (TX)
Braley (IA)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Burgess
Butterfield
Buyer
Calvert
Camp (MI)
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson
Carter
Castle
Castor
Cazayoux
Chabot
Chandler
Childers
Clarke
Clay
Cleaver
Clyburn
Coble
Cohen
Cole (OK)
Conaway
Conyers
Cooper
Costa
Costello
Courtney
Cramer
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis, Lincoln
Davis, Tom
DeGette
Delahunt
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly
Doolittle
Doyle
Drake
Dreier
Edwards (MD)
Edwards (TX)
Ehlers
Ellison
Ellsworth
Emanuel
Emerson
Engel
English (PA)
Eshoo
Etheridge
Everett
Fallin
Farr
Fattah
Feeney
Ferguson
Filner
Forbes
Fortenberry
Foster
Frank (MA)
Frelinghuysen
Gallegly
Gerlach
Giffords
Gilchrest
Gillibrand
Gingrey
Gohmert
Gonzalez
Gordon
Granger
Graves
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hall (TX)
Hare
Harman
Hastings (FL)
Hayes
Heller
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hobson
Hodes
Hoekstra
Holden
Holt
Honda
Hooley
Hoyer
Hulshof
Hunter
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Johnson (GA)
Johnson, E. B.
Johnson, Sam
Kagen
Kanjorski
Kaptur
Keller
Kennedy
Kildee
Kilpatrick
Kind
King (NY)
Kingston
Kirk
Klein (FL)
Kline (MN)
Knollenberg
Kuhl (NY)
LaHood
Lampson
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Latta
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lucas
Lungren, Daniel E.
Lynch
Mahoney (FL)
Maloney (NY)
Manzullo
Marchant
Markey
Marshall
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul (TX)
McCollum (MN)
McCotter
McCrery
McGovern
McHenry
McHugh
McIntyre
McKeon
McMorris Rodgers
McNerney
McNulty
Meek (FL)
Meeks (NY)
Melancon
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
Musgrave
Myrick
Nadler
Napolitano
Neal (MA)
Neugebauer
Nunes
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Pearce
Perlmutter
Peterson (MN)
Peterson (PA)
Pickering
Platts
Poe
Pomeroy
Porter
Price (NC)
Pryce (OH)
Putnam
Radanovich
Rahall
Ramstad
Rangel
Regula
Rehberg
Reichert
Renzi
Reyes
Reynolds
Richardson
Rodriguez
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Ross
Rothman
Roybal-Allard
Royce
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Saxton
Scalise
Schakowsky
Schiff
Schmidt
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sessions
Sestak
Shays
Shea-Porter
Sherman
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Solis
Souder
Space
Speier
Spratt
Stupak
Sutton
Tanner
Tauscher
Taylor
Terry
Thompson (CA)
Thompson (MS)
Thornberry
Tiberi
Tierney
Towns
Tsongas
Turner
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Walberg
Walden (OR)
Walsh (NY)
Walz (MN)
Wamp
Wasserman Schultz
Waters
Watt
Waxman
Weiner
Welch (VT)
Westmoreland
Wexler
Whitfield (KY)
Wilson (NM)
Wilson (OH)
Wilson (SC)
Wittman (VA)
Wolf
Wu
Yarmuth
Young (AK)
Young (FL)
NAYS--58
Barrett (SC)
Blackburn
Blumenauer
Blunt
Boehner
Broun (GA)
Burton (IN)
Cannon
Cantor
Cubin
Davis (KY)
Davis, David
Deal (GA)
DeFazio
Duncan
Flake
Fossella
Foxx
Franks (AZ)
Garrett (NJ)
Goode
Goodlatte
Hastings (WA)
Hensarling
Herger
Inglis (SC)
Issa
Johnson (IL)
Jones (NC)
Jordan
King (IA)
Kucinich
Lamborn
Lee
Linder
Mack
McDermott
Mica
Moran (KS)
Paul
Pence
Petri
Pitts
Price (GA)
Roskam
Ryan (WI)
Sali
Sensenbrenner
Shadegg
Shimkus
Stark
Stearns
Sullivan
Tancredo
Tiahrt
Weldon (FL)
Weller
Woolsey
ANSWERED ``PRESENT''--1
Campbell (CA)
NOT VOTING--4
Bishop (UT)
Jefferson
Shuler
Watson
{time} 1547
Messrs. FOSSELLA, GOODLATTE, McDERMOTT, PRICE of Georgia, HERGER,
STEARNS and MICA changed their vote from ``yea'' to ``nay.''
Messrs. WATT, DREIER, ALEXANDER, HALL of Texas and ROYCE and Ms.
WASSERMAN SCHULTZ changed their vote from ``nay'' to ``yea.''
So the motion was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________
PAUL D. WELLSTONE MUSCULAR DYSTROPHY COMMUNITY ASSISTANCE, RESEARCH,
AND EDUCATION AMENDMENTS OF 2008
The SPEAKER pro tempore. The unfinished business is the question on
suspending the rules and passing the bill, H.R. 5265, as amended.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New Jersey (Mr. Pallone) that the House suspend the
rules and pass the bill, H.R. 5265, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Recorded Vote
Mr. UPTON. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 418,
noes 2, not voting 13, as follows:
[Roll No. 633]
AYES--418
Abercrombie
Ackerman
Aderholt
Akin
Alexander
Allen
Altmire
Andrews
Arcuri
Baca
Bachmann
Bachus
Baird
Baldwin
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Blackburn
Blumenauer
Blunt
Boehner
Bonner
Bono Mack
Boozman
Boren
Boswell
Boucher
Boustany
Boyd (FL)
Boyda (KS)
Brady (PA)
Brady (TX)
Braley (IA)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Butterfield
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson
Carter
Castle
Castor
Cazayoux
Chabot
Chandler
Childers
Clarke
Clay
Cleaver
Clyburn
Coble
Cohen
Cole (OK)
Conaway
Conyers
Cooper
Costa
Costello
Courtney
Cramer
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis, David
Davis, Lincoln
Davis, Tom
Deal (GA)
DeFazio
DeGette
Delahunt
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly
Doolittle
Doyle
Drake
Dreier
Duncan
Edwards (MD)
Edwards (TX)
Ehlers
Ellison
Ellsworth
Emanuel
Emerson
Engel
English (PA)
Eshoo
Etheridge
Everett
Fallin
Farr
Fattah
Feeney
Ferguson
Filner
Forbes
Fortenberry
Fossella
Foster
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gilchrest
Gillibrand
Gingrey
Gohmert
Gonzalez
Goode
Goodlatte
Gordon
Granger
Graves
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hall (TX)
Hare
Harman
Hastings (FL)
Hastings (WA)
Hayes
Heller
Hensarling
Herger
[[Page 21034]]
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hobson
Hodes
Hoekstra
Holden
Holt
Honda
Hooley
Hoyer
Hulshof
Hunter
Inglis (SC)
Inslee
Israel
Issa
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson (IL)
Johnson, Sam
Jones (NC)
Jordan
Kagen
Kanjorski
Kaptur
Keller
Kennedy
Kildee
Kilpatrick
Kind
King (IA)
King (NY)
Kingston
Kirk
Klein (FL)
Kline (MN)
Knollenberg
Kucinich
Kuhl (NY)
LaHood
Lamborn
Lampson
Langevin
Larson (CT)
Latham
LaTourette
Latta
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lucas
Lungren, Daniel E.
Lynch
Mack
Maloney (NY)
Manzullo
Marchant
Markey
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul (TX)
McCollum (MN)
McCotter
McCrery
McDermott
McGovern
McHenry
McHugh
McIntyre
McKeon
McMorris Rodgers
McNerney
McNulty
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (FL)
Miller (MI)
Miller, Gary
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (KS)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
Musgrave
Myrick
Nadler
Napolitano
Neal (MA)
Neugebauer
Nunes
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Pearce
Pence
Perlmutter
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pomeroy
Porter
Price (GA)
Price (NC)
Pryce (OH)
Putnam
Radanovich
Rahall
Ramstad
Rangel
Regula
Rehberg
Reichert
Renzi
Reyes
Reynolds
Richardson
Rodriguez
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Roskam
Ross
Rothman
Roybal-Allard
Royce
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Salazar
Sali
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Saxton
Scalise
Schiff
Schmidt
Schwartz
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Sestak
Shadegg
Shays
Shea-Porter
Sherman
Shimkus
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Solis
Souder
Space
Speier
Spratt
Stark
Stearns
Stupak
Sullivan
Sutton
Tancredo
Tanner
Tauscher
Taylor
Terry
Thompson (CA)
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Tierney
Towns
Tsongas
Turner
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Walberg
Walden (OR)
Walz (MN)
Wamp
Wasserman Schultz
Waters
Watt
Waxman
Weiner
Welch (VT)
Weldon (FL)
Weller
Westmoreland
Wexler
Whitfield (KY)
Wilson (NM)
Wilson (OH)
Wilson (SC)
Wittman (VA)
Wolf
Woolsey
Wu
Yarmuth
Young (AK)
Young (FL)
NOES--2
Flake
Paul
NOT VOTING--13
Bishop (UT)
Broun (GA)
Cubin
Frank (MA)
Johnson, E. B.
Larsen (WA)
Mahoney (FL)
Marshall
Miller (NC)
Schakowsky
Shuler
Walsh (NY)
Watson
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). There are 2 minutes
remaining on this vote.
{time} 1555
So (two-thirds being in the affirmative) the rules were suspended and
the bill, as amended, was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated for:
Ms. SCHAKOWSKY. Mr. Speaker, on rollcall No. 633, I was unavoidably
detained. Had I been present, I would have voted ``aye.''
____________________
TOM LANTOS HUMAN RIGHTS COMMISSION ESTABLISHMENT RESOLUTION
The SPEAKER pro tempore. The unfinished business is the question on
suspending the rules and agreeing to the resolution, H. Res. 1451.
The Clerk read the title of the resolution.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Georgia (Mr. Scott) that the House suspend the rules and
agree to the resolution, H. Res. 1451.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the resolution was agreed to.
A motion to reconsider was laid on the table.
____________________
ALTERNATIVE MINIMUM TAX RELIEF ACT OF 2008
Mr. NEAL of Massachusetts. Madam Speaker, I move to suspend the rules
and pass the bill (H.R. 7005) to amend the Internal Revenue Code of
1986 to provide alternative minimum tax relief for individuals for
2008.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 7005
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE, ETC.
(a) In General.--This Act may be cited as the ``Alternative
Minimum Tax Relief Act of 2008''.
(b) Reference.--Except as otherwise expressly provided,
whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a
section or other provision of the Internal Revenue Code of
1986.
SEC. 2. EXTENSION OF ALTERNATIVE MINIMUM TAX RELIEF FOR
NONREFUNDABLE PERSONAL CREDITS.
(a) In General.--Paragraph (2) of section 26(a) is
amended--
(1) by striking ``or 2007'' and inserting ``2007, or
2008'', and
(2) by striking ``2007'' in the heading thereof and
inserting ``2008''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2007.
SEC. 3. EXTENSION OF INCREASED ALTERNATIVE MINIMUM TAX
EXEMPTION AMOUNT.
(a) In General.--Paragraph (1) of section 55(d) is
amended--
(1) by striking ``($66,250 in the case of taxable years
beginning in 2007)'' in subparagraph (A) and inserting
``($69,950 in the case of taxable years beginning in 2008)'',
and
(2) by striking ``($44,350 in the case of taxable years
beginning in 2007)'' in subparagraph (B) and inserting
``($46,200 in the case of taxable years beginning in 2008)''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2007.
SEC. 4. INCREASE OF AMT REFUNDABLE CREDIT AMOUNT FOR
INDIVIDUALS WITH LONG-TERM UNUSED CREDITS FOR
PRIOR YEAR MINIMUM TAX LIABILITY, ETC.
(a) In General.--Paragraph (2) of section 53(e) is amended
to read as follows:
``(2) AMT refundable credit amount.--For purposes of
paragraph (1), the term `AMT refundable credit amount' means,
with respect to any taxable year, the amount (not in excess
of the long-term unused minimum tax credit for such taxable
year) equal to the greater of--
``(A) 50 percent of the long-term unused minimum tax credit
for such taxable year, or
``(B) the amount (if any) of the AMT refundable credit
amount for the taxpayer's preceding taxable year (determined
without regard to subsection (f)(2)).''.
(b) Treatment of Certain Underpayments, Interest, and
Penalties Attributable to the Treatment of Incentive Stock
Options.--Section 53 is amended by adding at the end the
following new subsection:
``(f) Treatment of Certain Underpayments, Interest, and
Penalties Attributable to the Treatment of Incentive Stock
Options.--
``(1) Abatement.--Any underpayment of tax outstanding on
the date of the enactment of this subsection which is
attributable to the application of section 56(b)(3) for any
taxable year ending before January 1, 2008 (and any interest
or penalty with respect to such underpayment which is
outstanding on such date of enactment), is hereby abated. The
amount determined under subsection (b)(1) shall not include
any tax abated under the preceding sentence.
``(2) Increase in credit for certain interest and penalties
already paid.--The AMT refundable credit amount, and the
minimum tax credit determined under subsection (b), for the
taxpayer's first 2 taxable years beginning after December 31,
2007, shall each be increased by 50 percent of the aggregate
amount of the interest and penalties which were paid by the
taxpayer before the date of the enactment of this subsection
and which would (but for such payment) have been abated under
paragraph (1).''.
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendment made by this section shall apply to taxable years
beginning after December 31, 2007.
(2) Abatement.--Section 53(f)(1) of the Internal Revenue
Code of 1986, as added by subsection (b), shall take effect
on the date of the enactment of this Act.
The SPEAKER pro tempore (Ms. DeGette). Pursuant to the rule, the
gentleman from Massachusetts (Mr. Neal) and the gentleman from New
[[Page 21035]]
York (Mr. Reynolds) each will control 20 minutes.
The Chair recognizes the gentleman from Massachusetts.
General Leave
Mr. NEAL of Massachusetts. Madam Speaker, I ask unanimous consent
that all Members have 5 legislative days to revise and extend their
remarks and to insert extraneous material in the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Massachusetts?
There was no objection.
{time} 1600
Mr. NEAL of Massachusetts. Madam Speaker, I yield myself such time as
I may consume.
The provisions of H.R. 7005, the Alternative Minimum Tax Relief Act
of 2008, as scheduled for floor action today, provides alternative
minimum tax relief.
Ways and Means Committee Chairman Rangel and the ranking member, Mr.
McCrery, have asked the nonpartisan Joint Committee on Taxation to make
available to the public a technical explanation of the bill. The
technical explanation expresses the committee's understanding and
legislative intent behind this important legislation. It is available
on the joint committee's Web site at www.jct.gov.
I want to thank Mr. Rangel for his diligent work on a flurry of last
minute bills here. There is some urgency to the bill we are debating
today. I also want to acknowledge, to his everlasting relief, that this
is the last time Mr. Reynolds will have a chance to speak on the issue
of the alternative minimum tax.
If we do not pass this legislation today, 25 million families will
pay higher taxes this year. That is right, this tax relief is for this
year. I might add to this conversation that one of the nice things
about this bill, despite how tumultuous these days have been for
Members of Congress and for the American citizens watching what has
happened to their 401(k) plans, this legislation actually provides
middle class tax relief. The current patch expired at the end of the
last year, and it is urgent that we pass this relief now.
Of those 25 million families facing higher taxes, 84 percent of them
earn less than $200,000. In my constituency alone, families paying
alternative minimum tax will rise from 8,000 to 69,000 if we do not
enact this patch, and only 500 of those unlucky 69,000 people earn more
than half a million dollars annually. Clearly, the alternative minimum
tax is not the millionaire's tax it was designed to be.
For the last decade I have sought to repeal or radically reform the
AMT because of the unfairness it wreaks on our progressive tax system.
The AMT patch we are considering today costs more than $60 billion, and
a reminder to all, next year, $70 billion. But unlike the version we
considered earlier this year, we should acknowledge, this one is not
offset. Despite partisan efforts in outreach to the other side on the
issue of fiscal responsibility, we have, unfortunately, been unable to
find common ground. We have run up against the reality of the closing
days of Congress, and this legislation simply must be accomplished.
Again, I want to congratulate Chairman Rangel on crafting a
responsible bill and one which picks up on the good work of our
colleagues, Mr. Van Hollen of Maryland and Mr. Johnson of Texas, on the
issue of incentive stock options. For a decade, Mr. Johnson and I have
tried to find relief for those taxpayers unfortunately caught with a
massive AMT bill on phantom stock gains, and today's bill provides
relief by abating penalties and interest on underpayments and by
allowing quicker recovery of AMT credits.
The bill we are considering today is a true hold-harmless patch
because it not only extends but increases the AMT exemption level. It
also extends protection from AMT for taxpayers with personal,
nonrefundable credits, such as education credits and the dependent care
credits. Otherwise, taxpayers might lose these essential credits to
AMT.
I urge adoption of this bill, Madam Speaker.
Madam Speaker, I reserve the balance of my time.
Mr. REYNOLDS. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I thank the chairman of the Select Revenue Measures
Subcommittee of Ways and Means. Mr. Neal has been a true leader in the
goal of trying to get permanent repeal of AMT, and while it is
something that we share, we have not yet reached a solution.
So I find myself rising today on behalf of middle class families all
across America in strong support of this bill. As my colleagues well
know, I have fought year in and year out for the AMT patch, and I am
disappointed that Congress has not addressed a permanent solution.
Absent a long-term proposal, I think we have no choice but to once
again pass a temporary 1-year fix.
Without patch legislation, more than 25 million families will be hit
by this stealth tax. This includes more than 21 million taxpayers who
didn't owe AMT in 2007. If Congress does not act, each American
affected by AMT will, on average, face a tax increase of almost $2,500.
We delayed action for so long last year that 13.5 million taxpayers
were forced to delay filing their returns. Because we did not act
earlier this year, millions more have been hanging in the balance.
We have an opportunity to end the uncertainty of the middle class
that they have been facing all year long. Each Member of this House has
the opportunity to live up to their responsibility and truly help the
middle class trapped in this stealth tax that was so unintended for the
middle class.
Yesterday the other body passed their bipartisan tax extenders
package. The Senate majority leader was as candid as I have ever heard
him when he bluntly told the House, ``Don't send us back something
else. We can't get it passed.'' He went on to make it clear that if we
do, the important extenders we have all been working so hard to
accomplish will die and we will have ``snatched defeat from the jaws of
victory.''
In these difficult and uncertain economic times, we have an
obligation to pass a bill that can be signed into law as quickly as
possible to protect middle class Americans. While I believe our time
today would be better spent moving a comprehensive tax extenders
package, I am nonetheless pleased to see the majority put up a clean
AMT bill before this House.
I thank Chairman Rangel for his leadership on this legislation and
Chairman Neal for his additional leadership as the Chair of the
Subcommittee of Select Revenues.
Madam Speaker, I reserve the balance of my time.
Mr. NEAL of Massachusetts. Madam Speaker, I yield 2 minutes to the
gentleman from Wisconsin (Mr. Kind).
Mr. KIND. Madam Speaker, I thank the Chair of the subcommittee, and I
too want to commend the Chair and ranking member of the committee for
bringing this important AMT fix before the Congress today.
Madam Speaker, I couldn't agree with my friend from New York more.
These 1-year fixes of the alternative minimum tax are just not
sustainable. It is not fair, because it doesn't build in predictability
and certainty with the Tax Code. That is why I commend the gentleman
from Massachusetts, given the groundwork he has so far laid in trying
to find a permanent fix to the AMT dilemma we face in the Nation.
Obviously, none of us in this Chamber or in this Congress would want
to see millions of working families wake up on Tax Day realizing that
because of bracket creep and the inability to index the AMT, that they
are going to be facing a higher tax liability. Given the doldrums that
the economy is facing right now, working class families especially
can't afford to take an additional tax hit.
But at some point in this Chamber and in this Congress and in this
country, we have to start paying for things again. That is why one of
the first things that we did as a new majority last year was
reinstitute pay-as-you-go budgeting rules. Not because we thought it
was going to be easy or simple or fun, but because we thought it
[[Page 21036]]
would be necessary to restore some fiscal discipline.
While many of us have been working on the extension of tax provisions
and making sure AMT doesn't capture more working families, we are
trying to do it in a fiscally responsible manner by finding appropriate
offsets to pay for it so we are not adding to the debt burden of future
generations. That is the great task left before us.
It is unfinished today, because obviously this AMT fix is not paid
for, but it is something we have to take up in the next session of
Congress, finding a permanent fix, and getting into the Tax Code with
major reform, which is coming up next year already.
Again, I appreciate the leadership that the gentleman from
Massachusetts and others on the subcommittee have shown so far on this
issue. I encourage my colleagues to support it.
Mr. REYNOLDS. Madam Speaker, I yield 2 minutes to the distinguished
gentleman from Texas (Mr. Brady), a member of the Ways and Means
Committee.
Mr. BRADY of Texas. Mr. Reynolds, thank you for your leadership, as
well as Mr. Neal, on trying to not only keep more middle class families
from being hit by the alternative minimum tax, but hopefully to find a
long-term solution where there is no AMT looming over our families.
The truth of the matter is, this was a tax created many years ago to
hit the very, very wealthy in America, at the time just 155 or so, who
did not pay taxes. Unfortunately, it wasn't indexed. It is now each
year more and more attacking middle class families who frankly are
still struggling to make ends meet. Then after they do their regular
taxes, they find they have a second tax that comes after them and
catches them even if they didn't owe on the first.
So this Congress has taken seriously the need to not allow the AMT to
hit more families. This action today makes sure that 24 million
American families are not hit by this second tax at an average tax rate
increase of about $2,400. For a lot of families in America, that is
real money in a big way.
It is time to repeal the AMT permanently. It is time for both parties
to work together to do that. I look forward to the day when we can bury
it and help protect our families.
All year long, Republicans have urged Democrats to enact a clean AMT
patch without tax increases and to do so in a more timely manner than
occurred in 2007.
Last year, House Democrats' insistence on linking the 2007 patch to
unrelated tax hikes resulted in the patch being enacted later in the
year than ever before, causing headaches and uncertainty for taxpayers
and the IRS alike.
On May 21, 2008, and again on June 25, 2008, Republicans supported
Motions to Recommit that would have provided a clean AMT patch--without
tax hikes. Unfortunately, Democrats opposed those common-sense
proposals, putting us on the same regrettable path as last year--toward
another historically late AMT patch.
Today, just days before Congress's scheduled adjournment, the
Majority has finally acknowledged the obvious: an AMT patch that is
offset with tax increases stands no chance of being enacted.
Unfortunately, instead of considering the Senate's comprehensive,
bipartisan tax package that addresses not just the AMT patch, but other
critically important tax priorities as well, the Majority is pursuing a
piecemeal approach that seems unlikely to advance in the Senate.
During debate on the comprehensive Senate package on September 23rd,
Senate Majority Leader Harry Reid made precisely this point, stating:
``I say to my friends on the other side of the Capitol, the House:
`Don't send us back something else. We can't get it passed.' If they
try to mess with our package, it will come back here, it will die, and
we will . . . have snatched defeat from the jaws of victory.''
While it is a welcome development that Democrats have abandoned their
efforts to patch the AMT by raising taxes, the Majority should be
working with the Senate to ensure enactment of all our critical tax
priorities.
An estimated 26 million taxpayers will owe higher taxes for 2008
because of the AMT, according to the latest Treasury Department
estimates. This is sharply up from about 4 million people last year in
2007 that would have been affected if Democrats had not agreed to patch
the AMT without tax increases.
The AMT was created in the late 1960s to ensure that fewer than 200
high-income taxpayers couldn't avoid paying any income tax at all. The
AMT was intended as a fail safe mechanism, NOT as a tax Increase.
However, the tax is now hitting the middle class and hitting them hard.
From 1992-2002, the number of filers paying AMT increased tenfold to
1.3 million people. By 2010, nearly 1 in 3 tax filers will be subject
to the AMT.
Although the AMT is highly progressive, the distribution of AMT
liability will shift toward tax units with lower incomes. In 2006,
taxpayers with $500,000 or more in income will pay 47 percent of the
tax. By 2010, they will pay only 16 percent.
Over 80 percent of households with incomes between $100,000-200,000
and almost half of those with incomes between $75,000-100,000 will pay
the AMT by 2010 (compared to 4.8 percent and 0.7 percent in 2006).
Simply put, Congress should act decisively to prevent $61.5+ billion
of tax increases on the American people. Not patching the AMT means an
average tax hike of $2,400 for over 25 million taxpayers.
Delaying action on patching the AMT hurts taxpayers. According to
Treasury Secretary Paulson, the failure of Congress to enact an AMT
patch earlier in the year results in delayed tax refunds totaling
approximately $75 billion for as many as 50 million taxpayers. Tax
compliance is onerous enough for Americans without Congress getting
into the mix to make it even harder!
Mr. NEAL of Massachusetts. Madam Speaker, I yield 2 minutes to the
gentleman from New Jersey (Mr. Pascrell), a fine member of the Ways and
Means Committee.
Mr. PASCRELL. Madam Speaker, the legislation we have before us today
arises at a time when our American workers are suffering under a
failing housing market and struggling financial market. I want to
commend Mr. Neal and Mr. Reynolds for being advocates for this, not
just yesterday, but through the past many years. This is an injustice
on the middle class in America. We know it very clearly.
I want to commend you, Mr. Neal, for trying to get this done on a
permanent basis and paying for it. The sin of this administration is
trying to provide tax relief for folks and not finding a way to pay for
it. Now we see what situation we are in. Kudos to you. You stuck to
your guns.
The economic burden on the American worker is enormous, and it should
compel us to take a bold and affirmative stand on serving their best
interests today. As a proud cosponsor of H.R. 7005, the AMT Tax Relief
Act of 2008, I want to also thank our distinguished colleague, Chairman
Rangel, for bringing it to the floor.
We must remind ourselves that the impact on the AMT as it currently
stands will continue to harm the wrong taxpayer. The AMT no longer
targets just wealthy taxpayers engaged in tax avoidance. Instead, it
targets the unintended taxpayer, the middle class family.
The AMT is not adjusted for inflation. In the absence of an indexing
provision, it is largely responsible for the rising numbers of middle
class taxpayers subject to the AMT.
Filers in high-tax States are more likely to face the AMT to a
surprising degree. In my State, the State of New Jersey, one of the
three highest ranking States in terms of AMT filers, in my home State
of New Jersey, $800 million in AMT taxes were paid last year. The three
States of New Jersey, New York and California account for 40 percent of
the country's 3.15 million AMT returns, just those three States. You
tell me about justice in the tax system.
Texas, a State with 200 percent larger population than New Jersey,
has roughly half the number of AMT filers.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. NEAL of Massachusetts. I yield 1 additional minute to the
gentleman.
Mr. PASCRELL. Texas, mind you, with a 200 percent larger population
than the State of New Jersey, has roughly half the number of folks who
file for the AMT. This is simply not an equitable tax system. It is
very clear to all of us on Ways and Means, it is clear to the American
people. More and more become eligible, and they have to be informed by
those people who do their
[[Page 21037]]
taxes, ``oh, by the way, you are susceptible to the AMT.'' ``What are
you talking about?''
This administration has consistently ignored the tough issues. We
could have dealt with the AMT permanently if this administration had
taken tax reform seriously. But they refused to sit down with this
Congress to have these important discussions. Now we need to take a
stand and make these significant changes. In a week we will have to
take many stands, because we allowed things to get worse.
I urge all my colleagues on both sides of the aisle to vote ``yes''
on the extension of the AMT relief for 2008.
{time} 1615
Mr. REYNOLDS. Madam Speaker, it is now my pleasure to yield 2 minutes
to the ranking member of the Rules Committee, who has long been an
expert on trade as well as tax issues that affect this body and the
country, the gentleman from California, David Dreier.
Mr. DREIER. I thank my friend for yielding.
Madam Speaker, I would like to begin by saying that I suspect that
after many decades of stellar public service, this will be one of the
last times that we see our good friend from Buffalo (Mr. Reynolds) who
served ably as a member of the Rules Committee for many years and now
as a member of the Ways and Means Committee actually manage a measure
on the floor. I would like to thank him for his wonderful public
service and to say that we are very pleased to be here with this very
important measure.
I don't want to be the skunk at a picnic, but I have to point to a
couple of very, very important issues. I listened to my good friend
from New Jersey (Mr. Pascrell) talk about the fact that Mr. Neal has
moved forward with a measure that is paid for. The fact of the matter
is we are waiving PAYGO on this provision which will allow us to deal
with this patch for the AMT relief.
We all know back in 1969, 155 millionaires were the target of the
alternative minimum tax, as was pointed out by my friend from Houston
(Mr. Brady). The fact is, the indexation has created a situation
whereby millions and millions and millions of Americans are now saddled
with this responsibility.
Madam Speaker, what we heard time and time again was that in this new
Congress, we were going to have everything paid for. I find it
interestingly ironic that here, as we deal with the alternative minimum
tax, this measure, we have suspended the rules and waived PAYGO on
this. Yet we did not choose to do that when we dealt with the very
important issue that the American people wanted us to try to address,
and that is to bring gasoline prices down with a responsible energy
bill.
We chose to waive it for the farm bill. Unfortunately, again, on the
gas issue, we didn't waive it there, and we are waiving it again here.
I would also like to point to the fact that my good friend from New
Jersey talked about the fact that his State, I guess, has the third
highest number of people impacted by the alternative minimum tax. The
issue of repealing the alternative minimum tax is a high priority for
many of us. I believe that it should be completely eliminated.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. REYNOLDS. I yield the gentleman 1 additional minute.
Mr. DREIER. I thank my friend.
Let me say that I believe it's important for us to remember that a
very short 8 years ago, in 1999, the House and the Senate passed a
repeal of the alternative minimum tax. Unfortunately, President Clinton
at that time chose to veto that measure.
We can get into the issue of paid for or not paid for, but it's
interesting that the measure we are considering today is basically
under the same structure that we in 1999 passed the repeal of the
alternative minimum tax out under and President Clinton chose to veto
it at that point.
Mr. PASCRELL. Will my friend yield?
Mr. DREIER. I would be happy to yield to my friend from New Jersey.
Mr. PASCRELL. The problem is back in 1998 there were just a few
people that were eligible. It didn't make it less onerous, but there
were many less people that were subject to the AMT tax. That was the
difference. You know what the situation is today, my friend from
California.
Mr. DREIER. If I could reclaim my time, Madam Speaker, let me just
say I concur. But if we had, in fact, in 1999, when President Clinton
chose to veto that bill 8 years ago, if we had had that passed, we
wouldn't be here dealing with this issue as we are today. I just wanted
to make that clear for the record.
Thanks again, and congratulations to my friend from Buffalo.
Mr. NEAL of Massachusetts. Madam Speaker, I appreciate my friend, Mr.
Dreier's, comments, about the alternative minimum tax and how we are
going to proceed today, but, let me be blunt, over my objections for
the last 8 years, what we talked about today is simply this for the
American people that might be viewing this discussion, we are going to
borrow the money. I object to it, but I have tried time and again to
find concurrence on the other side with a common way forward and have
been unsuccessful.
Madam Speaker, I would like to yield 2 minutes to the gentlelady from
Nevada, a very valued member of the Ways and Means Committee, Ms.
Berkley.
Ms. BERKLEY. I thank the gentleman for yielding.
Madam Speaker, I rise in support of the AMT Relief Act. While I
strongly believe the alternative minimum tax should be eliminated, this
bill will provide a necessary, temporary solution to protect the more
than 25 million Americans who would otherwise be hit by the AMT this
year.
If this legislation is not enacted, more than 138,000 Nevada
taxpayers will see their tax bill increased by the AMT. This includes
more than 32,000 hardworking Las Vegas families who were never intended
to be affected by this tax.
I am also pleased that the bill contains language to help those who
face gargantuan alternative minimum tax liabilities on stock option
income that they never actually received. I have several constituents
in my district affected by this so-called ISO AMT, including one
citizen who received a $1.2 million tax bill on a $30,000 stock option
gain. This provision will help make these individuals whole.
With the current economic downturn, the rising cost of food and gas,
increased unemployment and people losing their homes due to mortgage
foreclosure, the last thing Las Vegas needs is a tax increase on
thousands of middle class families.
I urge my colleagues to support this legislation.
Mr. REYNOLDS. Madam Speaker, today is solution day. There have been
times where I have come to the floor and indicated I was sad over the
circumstances we were in. Today I am not sad. We are moving the result
of legislation I have introduced since probably 2005, a 1-year patch
that protects anyone else from getting trapped in the middle class of
AMT and make sure that we do this patch.
I don't believe, and most of the Members on my side of the aisle
don't believe you need to raise taxes in order to pay for a tax cut on
middle class Americans here.
But I am bringing concern, not sadness, but concern, because Chairman
Rangel and Chairman Neal have moved this legislation to the floor and
that we, I hope, will pass this legislation, as we have in the past,
with very strong bipartisan measure. But I don't take lightly a message
from the leader of the other body on the closing days of this session
that we make sure that we don't fall through the cracks, our version
versus the Senate--the other body--version that could cause this to
fall through the cracks and 25 million middle class Americans are
trapped.
So while we are looking to move this in the spirit of strong
bipartisan support, it's indicative that the leadership of this body
make sure that they full well know how we can get the mechanics with
the other body to make this law as the President gets it to his desk.
[[Page 21038]]
So the caution is we are not quite there yet because we have taken
action today. While I like the version of the bill, we have taken our
legislative prerogative and advanced it to have just this free-standing
AMT bill.
I support however we get the law signed, but I bring the caution that
leadership in this House will have to work very closely with the Senate
leadership of the other body to match a solution that's law so we don't
put our 25 million Americans in the same harm's way of inaction that we
have seen in other years past.
Madam Speaker, I reserve the balance of my time.
Mr. NEAL of Massachusetts. Madam Speaker, I want to agree with some
of what Mr. Reynolds said, but I also want to remind the American
citizenry today, we have now borrowed hundreds of billions of dollars
to fix the alternative minimum tax, only to discover that a temporary
patch is hardly a fix.
Think of what we might have done had we adhered to some fiscal
rectitude and actually paid for this legislation as opposed to
borrowing the money.
The reality is, in a legislative body, that there are some days that
you can't get the votes to do what you would like, and this is one of
those days.
But be mindful as we proceed to the next session of the Congress that
the request for fixing the alternative minimum tax, or patching the
alternative minimum tax, you will be out $70 billion, the following
year $80 billion, maybe more. Then when you calculate the interest that
attends to the issue, we quickly find that we will be at $500 billion
to have temporarily patched alternative minimum tax, when we have
offered a remedy here to do away with it?
We can argue about percentage of GDP that results in taxation to
administer the Federal Government. I have heard that argument. The
difficulty with that argument is that it doesn't take into
consideration the reality of what we might have done in the intervening
time to address the issue.
We have put very thoughtful pieces of legislation to permanently
repeal it, to put it behind us once and for all, alternative minimum
tax, only to discover that we have had difficulty securing the
necessary cooperation to get it done. So, I will be standing here next
year, talking about alternative minimum tax, asking for a permanent
repeal. I hope, in the atmosphere of tax reform, that we might
accomplish that task.
Madam Speaker, I would like to yield 2 minutes to the gentleman from
New York, a classmate of mine from 1988, my friend, Mr. Engel.
Mr. ENGEL. I thank my friend from Massachusetts for yielding, and
it's hard to believe that it has been 20 years. We are classmates, and
I am very proud of the work that Mr. Neal is doing on the Ways and
Means Committee.
Madam Speaker, I rise to strongly support the bill, but I want to
express the frustration that so many people here have expressed that we
are not permanently repealing the AMT. Every year, it seems, we come
and we talk about a fix, which we are doing now, which needs to be
done, but we point fingers at each other, we play the blame game and
somehow or other a total repeal and a redoing of the AMT doesn't
happen.
If you come from a high-tax State like mine, like New York, which
also happens to be a very high cost-of-living State, people are making
more money because it costs more money to live in a high cost-of-living
State.
Yet many of these middle class families find that they are being hit
with the AMT. Even if we pass this today, as I am sure we will, those
families will continue to be hit with the AMT, even though they are
middle class, and, as all my colleagues have mentioned, the AMT was
never supposed to affect them.
We need to put our heads together and come up with a plan to have
alternative means of raising revenue and not have the AMT that affects
so many middle class families. We are talking about a $700 billion
bailout for Wall Street, and yet we never seem to have the money to
bail out the middle class.
We need to do that. We need to do it, and we need to do it now. We
need a permanent fix, not patchwork every year. PAYGO, I am certainly
for it, but the main thing is, middle class families should not be
harmed by the AMT. And in a State like New York where there is a high
taxation and high cost of living, we have a double whammy.
I thank my friend, I support the bill, and I hope that next year we
will come back for a permanent fix and finally repeal the onerous AMT.
Mr. REYNOLDS. Madam Speaker, if I might inquire to the chairman if he
has any other speakers, I am prepared to close.
Mr. NEAL of Massachusetts. I would be prepared to close upon
listening to the eloquence of the gentleman from New York.
Mr. REYNOLDS. Madam Speaker, it's interesting in the debate, and many
of us who spoke today and so many others that have come forward in
years past have presented the history or the finger pointing or the
direction of how we got to where we are.
The important thing is that we know that we must produce a result,
even if it's a 1-year patch. It has been admirable, as Chairman Rangel
took over Ways and Means, a goal he had was to rid the AMT tax from the
books. We need to work in a bipartisan fashion, I suspect, to reach
that permanent goal.
But as we banter some on PAYGO or pay not, or whether they are in or
they are not, it reminds me to think as a Member who will not be going
home to campaign, maybe I should spend a little time to see how many
times we have waived PAYGO on this bill after we beat up the fact that
we should do it, it's the right thing, it must happen. And then at the
end of the day, we take the Republican version of not raising taxes.
Quite frankly, I don't think we are borrowing money for the bill, we
are just not raising taxes in order to prevent a tax increase,
particularly one to the middle class which both parties so dearly want
to preserve.
{time} 1630
So as we look to the reality of this year, I remind my colleagues, we
have caution to get this bill matched with the other body so that we
make law in order to send it to the President's desk to protect our
middle class taxpayers.
Last year 352 bipartisan Members of the House voted for the AMT
extension that was not offset by devastating tax increases, just like
this bill coming before us today.
I urge my colleagues to do the same today by supporting this bill so
it may be included in a comprehensive tax extenders package equal to
the Senate version, or that the other body relinquishes their very
clear, strong warning from their leader. Ignoring the other body's
warning will not get this across the finish line. So I urge adoption of
the resolution, and I thank Chairman Rangel and Chairman Neal for their
efforts and work to get this before us today as we are in the final
days of this legislative session.
Madam Speaker, I yield back the balance of my time.
Mr. NEAL of Massachusetts. Madam Speaker, let me, as I close,
acknowledge the work of Chairman Rangel. He has given me considerable
latitude not only on this issue but on a range of other issues within
the jurisdiction of the committee. We have come up with some pretty
good pieces of legislation during the last couple of years.
What is striking about this debate is we find ourselves in the same
predicament where we will once again convene next year to discuss it.
Mr. Rangel's legislation that I helped to author actually repealed the
alternative minimum tax and did it in a responsible manner. The fact
that we are here today because we couldn't find enough numbers in the
House to move forward on the proposal, I think, demonstrates the
frustration that we all feel with what has now become a very onerous
position for the Congress to entertain.
But I do want to thank my friend, Tom Reynolds. And he is my friend.
We probably on tax policy disagree on where the sun rises and the sun
sets, but it is an example of a friendship that has been able to
supersede any of those differences because after the debate of this
House is over, socially he
[[Page 21039]]
has been a good pal for a long time. And I have the impression that he
is not going to miss debating alternative minimum tax when he is back
in New York. His position has been steadfast in this arena on the issue
of AMT, and we have really worked hand in glove with one minor
difference: I think rather than borrow the money, I think we should pay
for it. And at the same time, I must tell you, he has been a good and
humorous friend along the way, and we will miss his presence in the
House and on the Ways and Means Committee.
Madam Speaker, I urge adoption of the resolution.
Mr. BLUMENAUER. Madam Speaker, the alternative minimum tax was
introduced to the tax code in 1969 to capture a small number of
millionaires who had escaped tax liability. Since that laudable
beginning, however, the tax has morphed from a millionaire's tax to a
middle class tax.
In fact, a failure to pass an alternative minimum tax patch this year
will result in millions of additional families being subject to that
tax. In my district alone, H.R. 7005 will prevent over 40,000
additional taxpayers from facing the AMT.
Nationally, the alternative minimum tax would, but for this bill,
affect over 50 percent of taxpayers with incomes between $50,000 and
$100,000 this year. This is a tax on nearly every middle class family--
and it falls hardest on those raising a family. A 1-year patch is
necessary to protect those families.
It is for those reasons that I reluctantly voted in favor of this
legislation. However, a piecemeal, year-by-year approach that places
the burden on our children's credit cards is insufficient for a
challenge of this magnitude. When Congress returns to this issue, I am
looking forward to permanently reforming the alternative minimum tax in
a way that does not add to our national deficit.
Mr. LEVIN. Madam Speaker, I rise in support of the Alternative
Minimum Tax Relief Act.
I do so because this legislation is necessary to protect 25 million
middle class families from a tax that was never intended to apply to
them, including more than 53,000 families in my district.
But the bill before us will also increase the Federal deficit by more
than $64 billion.
Earlier this year, we passed an AMT patch in a fiscally responsible
manner. We paid for it by closing loopholes and improving the fairness
of our tax code.
The minority argued that we should just borrow more money, ignoring
the ballooning deficit and mounting debt, and the Bush administration's
reckless fiscal policies. At no time did we hear the minority oppose
our offsets on the merits. At no time did they argue we should not
close these loopholes.
They just engaged in absurd ideological arguments and claimed that
closing a loophole is a tax increase.
Today we will take this action to protect 25 million taxpayers
because it's the necessary thing to do.
Mr. DINGELL. Madam Speaker, I rise today in support of H.R. 7005,
legislation that will provide critical tax relief to 25 million middle
class families and provide a solution to the looming Alternative
Minimum Tax crisis. Had Congress failed to act, tens of thousands of my
constituents in Michigan's 15th Congressional District would have been
required to pay the AMT when filing their 2008 tax return. At a time
when middle class families are already finding their budgets stretched
thin because of rising costs for things like gasoline, groceries, and
health care expenses, imposing an increased tax burden would be
unconscionable.
The Democratic majority has shown a continuing commitment to
responsible fiscal policies, and made numerous efforts to offset the
cost of the AMT fix by closing tax loopholes that allow corporate CEOs
to receive deferred compensation from offshore companies.
Unfortunately, President Bush and the Republican minority have opposed
our efforts to find a way to pay for the AMT fix, and have chosen to
pass the cost of this bill onto our children and grandchildren rather
than require the wealthiest Americans to pay their fair share of taxes.
This is especially disappointing because the expansion of the AMT was
an accounting gimmick designed to make the Bush tax cuts for the
wealthy more affordable. Since the enactment of those tax cuts, the
President has committed us to a war that costs hundreds of billions of
dollars every year and the budget deficit has exploded. Despite
inheriting balanced budgets, President Bush's irresponsible fiscal
policies have caused the national debt to rise to nearly $9 trillion;
three times the size of our debt when President Clinton left office.
Clearly, it is time for a change. I look forward to working with a new
President next year to find a way to enact a permanent AMT fix, and
rewrite our tax laws and put an end to irresponsible Bush fiscal
policies.
Mr. SHAYS. Madam Speaker, I rise in strong support of the passage of
the Alternative Minimum Tax patch we are considering today that will
prevent the AMT from affecting an additional 20 million taxpayers in
2009. I am pleased that we are considering this legislation now, which
should give taxpayers and the Internal Revenue Service plenty of time
to prepare for this important tax change.
According to a 2007 study by the Tax Foundation, Connecticut's Fourth
Congressional District, which I represent, is the seventh most affected
district by the AMT. Over 10 percent of our residents' tax returns are
subject to the AMT, and the average tax liability of those affected by
it is $5,235 per return.
I would prefer us to be considering an AMT bill today that is offset
by a combination of spending cuts and temporary revenue increases, but
I am pleased that we are not considering legislation that pays for a 1-
year fix in the process with a permanent revenue increase.
Finally, I urge Congress to take up legislation soon that would fully
repeal the AMT permanently. While the revenue loss will need to be made
up in other ways, it was never the intent for the AMT to affect 41
million taxpayers, which it could by 2013 if it is not changed.
I thank the Ways and Means Committee for bringing this legislation to
the floor and urge its adoption.
Mr. ETHERIDGE. Madam Speaker, I rise in support of H.R. 7005, the
Alternative Minimum Tax Relief Act of 2008.
H.R. 7005 is critical to easing the burden on middle-class taxpayers.
The Alternative Minimum Tax, AMT, was originally intended to ensure
that the Nation's wealthiest taxpayers were not able to avoid paying
taxes altogether. However, it was not indexed for inflation, and today
millions of middle income Americans who pay their taxes as required
would see a huge tax increase because of the AMT. In my district alone,
over 30,000 people would be affected by the AMT this year. H.R. 7005
provides 1 year of AMT relief to protect ordinary taxpayers who are
threatened by this extra tax by increasing the amount of income exempt
from the Alternative Minimum Tax. In addition, this bill would protect
individuals who exercised incentive stock options from being required
to pay tax on gains that never materialized. This legislation will
protect over 25 million middle-class families from paying the AMT.
I would have preferred that this bill was fully paid for. I supported
H.R. 6275, the 1-year AMT patch legislation that the House passed in
June of this year. This bill was fully offset and did not add to the
deficit. Unfortunately, the Administration and Senate Republicans have
continued to ignore fiscal responsibility and have threatened to veto
any AMT bill that includes offsets. However, H.R. 7005 is a crucial
part of providing tax relief to millions of middle-income Americans and
strengthening our lagging economy.
I support H.R. 7005, the Alternative Minimum Tax Relief Act of 2008,
and I urge my colleagues to join me in voting for its passage.
Ms. HERSETH SANDLIN. Madam Speaker, I regret that due to unforeseen
circumstances I was unable to participate in one vote on the floor of
the House of Representatives on September 24, 2008.
The vote was on H.R. 7005, to amend the Internal Revenue Code of 1986
to provide alternative minimum tax, AMT, relief for individuals for
2008. Had I been present, I would have voted ``no'' on that question.
AMT relief is certainly necessary, and providing it for more than 25
million families in 2008 is projected to cost more than $60 billion
over 10 years. In addition, because the AMT fix in this bill is not
paid for under pay-as-you-go rules, the fix can be expected to add tens
of billions more in interest costs. In contrast, the fiscally
responsible version of AMT relief that the House passed earlier this
year with my support would have been revenue neutral, including through
the elimination of a tax subsidy that continues to be provided to major
oil companies during this time of record profits for the industry. I
cannot support H.R. 7005, which would add many tens of billions more to
the out-of-control national debt that is approaching $10 trillion, when
a fiscally responsible and fair alternative is available.
Mr. VAN HOLLEN. Madam Speaker, I rise in support of the AMT Relief
Act of 2008 and urge my colleagues to do the same.
While I would prefer to eliminate the AMT entirely--and pay for it
when we do--the fact of the matter is that failing to act on this
legislation would subject over twenty-five million families--including
nearly 335,000 in my congressional district--to an additional tax
burden
[[Page 21040]]
they were never intended to bear. Moreover, having recently visited
with IRS Commissioner Shulman, there is no question that the IRS is
better able to do its job and the taxpayers are best served when
Congress completes its tax-related work in a timely fashion.
I am especially pleased that H.R. 7005 also includes legislation I
introduced on a bipartisan basis with Congressmen Richard Neal (D-MA),
Sam Johnson (R-TX) and Jim Ramstad (R-MN) to correct the equally
unintended and all too frequently devastating treatment of incentive
stock options under the Alternative Minimum tax. The AMT Credit
Fairness and Relief Act will end the ISO AMT crisis once and for all by
allowing affected taxpayers to claim the entirety of their unused
credits over the next two years and abating all penalties and interest
arising from this particularly egregious part of the code.
Madam Speaker, the AMT Relief Act of 2008 is vital middle class tax
relief designed to correct several widely acknowledged defects in our
tax law. I look forward to its passage and encourage its prompt
consideration in the Senate so that it can be signed by the President
without delay.
Mr. POMEROY. Madam Speaker, I rise today to support this relief from
the Alternative Minimum Tax, AMT. If Congress does not pass this
legislation, over 25 million middle-class tax payers would find
themselves subject to this tax.
It is important that we provide this relief to millions of American
families who want a better life for their families. The current
structure of the AMT leaves middle-class households vulnerable to a
significant unexpected tax bill while many very wealthy households pay
no AMT. In these economic times, enacting AMT relief can put more money
in their pockets rather than subject them to taxes that were not
intended to apply to middle-class families.
I have long supported and advocated for responsible reform of the
Alternative Minimum Tax, which would be offset by other changes that
target loopholes and abuses in the tax code. A responsible paid-for fix
would also protect future generations of Americans from tax increases
by not adding to our national debt. The Federal Government deficit will
reach over $400 billion this fiscal year and it is projected to reach
$500 billion in the next fiscal year.
Today, we see the consequences of excessive debt in our economy. I am
greatly concerned with the legacy of debt that we are leaving to our
children as our national debt reaches over $10 trillion. That amount
translates to a debt of over $30,000 for each of our children. We must
pay interest on the debt and each day the average interest payment adds
more than $1 billion to the tab we leave behind.
While I believe that huge, persistent debt has a significant cost for
the economy, I also practically realize that both the President and my
colleagues across the aisle refuse to pay for this package of tax
relief. They rejected the fiscally responsible bill, H.R. 6275, that I
voted for in the Ways and Means Committee and on this floor when the
House approved the bill on June 25, 2008. The other legislative body
has only passed an AMT patch without an offset, rejecting paying for
this tax relief just last week once again.
Weighing the economic stress middle-class families face today, I will
cast my vote for the Alternative Minimum Tax Relief Act today so that
this tax does not fall on families struggling to meet increasing prices
with wages that have not kept pace with inflation over the last 8
years. I do so in the hope that Congress will work next year with a new
administration to advance commonsense tax reform that includes paid for
AMT relief. We must reverse years of failed Republican policies that
have mortgaged our grandchildren's future with debt.
Mr. NEAL of Massachusetts. I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Massachusetts (Mr. Neal) that the House suspend the
rules and pass the bill, H.R. 7005.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. NEAL of Massachusetts. Madam Speaker, on that I demand the yeas
and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
____________________
REPORT ON RESOLUTION WAIVING REQUIREMENT OF CLAUSE 6(a) OF RULE XIII
WITH RESPECT TO CONSIDERATION OF CERTAIN RESOLUTIONS
Mr. HASTINGS of Florida, from the Committee on Rules, submitted a
privileged report (Rept. No. 110-879) on the resolution (H. Res. 1490)
waiving a requirement of clause 6(a) of rule XIII with respect to
consideration of certain resolutions reported from the Committee on
Rules, which was referred to the House Calendar and ordered to be
printed.
____________________
REPORT ON RESOLUTION PROVIDING FOR CONSIDERATION OF MOTIONS TO SUSPEND
THE RULES
Mr. HASTINGS of Florida, from the Committee on Rules, submitted a
privileged report (Rept. No. 110-880) on the resolution (H. Res. 1491)
providing for consideration of motions to suspend the rules, which was
referred to the House Calendar and ordered to be printed.
____________________
DISASTER TAX RELIEF ACT OF 2008
Mr. RANGEL. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 7006) to amend the Internal Revenue Code of 1986 to provide
disaster assistance relief.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 7006
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE, ETC.
(a) In General.--This Act may be cited as the ``Disaster
Tax Relief Act of 2008''.
(b) Reference.--Except as otherwise expressly provided,
whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a
section or other provision of the Internal Revenue Code of
1986.
(c) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title, etc.
Sec. 2. Losses attributable to federally declared disasters.
Sec. 3. Expensing of qualified disaster expenses.
Sec. 4. Net operating losses attributable to federally declared
disasters.
Sec. 5. Waiver of certain mortgage revenue bond requirements following
federally declared disasters.
Sec. 6. Determination of standard mileage rate for charitable
contributions deduction.
Sec. 7. Additional low income housing allocations.
Sec. 8. Private activity disaster bonds.
Sec. 9. Waiver of limitation on charitable contributions for disaster
relief.
SEC. 2. LOSSES ATTRIBUTABLE TO FEDERALLY DECLARED DISASTERS.
(a) Waiver of Adjusted Gross Income Limitation.--
(1) In general.--Subsection (h) of section 165 is amended
by redesignating paragraphs (3) and (4) as paragraphs (4) and
(5), respectively, and by inserting after paragraph (2) the
following new paragraph:
``(3) Special rule for losses in federally declared
disasters.--
``(A) In general.--If an individual has a net disaster loss
for any taxable year, the amount determined under paragraph
(2)(A)(ii) shall be the sum of--
``(i) such net disaster loss, and
``(ii) so much of the excess referred to in the matter
preceding clause (i) of paragraph (2)(A) (reduced by the
amount in clause (i) of this subparagraph) as exceeds 10
percent of the adjusted gross income of the individual.
``(B) Net disaster loss.--For purposes of subparagraph (A),
the term `net disaster loss' means the excess of--
``(i) the personal casualty losses--
``(I) attributable to a federally declared disaster
occurring after December 31, 2007, and before January 1,
2012, and
``(II) occurring in a disaster area, over
``(ii) personal casualty gains.
``(C) Federally declared disaster.--For purposes of this
paragraph--
``(i) Federally declared disaster.--The term `federally
declared disaster' means any disaster subsequently determined
by the President of the United States to warrant assistance
by the Federal Government under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act.
``(ii) Disaster area.--The term `disaster area' means the
area so determined to warrant such assistance.''.
(2) Conforming amendments.--
(A) Section 165(h)(4)(B) (as so redesignated) is amended by
striking ``paragraph (2)'' and inserting ``paragraphs (2) and
(3)''.
(B) Section 165(i)(1) is amended by striking ``loss'' and
all that follows through ``Act''
[[Page 21041]]
and inserting ``loss occurring in a disaster area (as defined
by clause (ii) of subsection (h)(3)(C)) and attributable to a
federally declared disaster (as defined by clause (i) of such
subsection)''.
(C) Section 165(i)(4) is amended by striking
``Presidentially declared disaster (as defined by section
1033(h)(3))'' and inserting ``federally declared disaster (as
defined by subsection (h)(3)(C)(i)''.
(D)(i) So much of subsection (h) of section 1033 as
precedes subparagraph (A) of paragraph (1) thereof is amended
to read as follows:
``(h) Special Rules for Property Damaged by Federally
Declared Disasters.--
``(1) Principal residences.--If the taxpayer's principal
residence or any of its contents is located in a disaster
area and is compulsorily or involuntarily converted as a
result of a federally declared disaster--''.
(ii) Paragraph (2) of section 1033(h) is amended by
striking ``investment'' and all that follows through
``disaster'' and inserting ``investment is located in a
disaster area and is compulsorily or involuntarily converted
as a result of a federally declared disaster''.
(iii) Paragraph (3) of section 1033(h) is amended to read
as follows:
``(3) Federally declared disaster; disaster area.--The
terms ``federally declared disaster'' and ``disaster area''
shall have the respective meaning given such terms by section
165(h)(3)(C).''.
(iv) Section 139(c)(2) is amended to read as follows:
``(2) federally declared disaster (as defined by section
165(h)(3)(C)(i)),''.
(v) Subclause (II) of section 172(b)(1)(F)(ii) is amended
by striking ``Presidentially declared disasters (as defined
in section 1033(h)(3))'' and inserting ``federally declared
disasters (as defined by section 165(h)(3)(C)(i))''.
(vi) Subclause (III) of section 172(b)(1)(F)(ii) is amended
by striking ``Presidentially declared disasters'' and
inserting ``federally declared disasters''.
(vii) Subsection (a) of section 7508A is amended by
striking ``Presidentially declared disaster (as defined in
section 1033(h)(3))'' and inserting ``federally declared
disaster (as defined by section 165(h)(3)(C)(i))''.
(b) Increase in Standard Deduction by Disaster Casualty
Loss.--
(1) In general.--Paragraph (1) of section 63(c) is amended
by striking ``and'' at the end of subparagraph (B), by
striking the period at the end of subparagraph (C) and
inserting ``, and'', and by adding at the end the following
new subparagraph:
``(D) the disaster loss deduction.''.
(2) Disaster loss deduction.--Subsection (c) of section 63
is amended by adding at the end the following new paragraph:
``(8) Disaster loss deduction.--For the purposes of
paragraph (1), the term `disaster loss deduction' means the
net disaster loss (as defined in section 165(h)(3)(B)).''.
(3) Allowance in computing alternative minimum taxable
income.--Subparagraph (E) of section 56(b)(1) is amended by
adding at the end the following new sentence: ``The preceding
sentence shall not apply to so much of the standard deduction
as is determined under section 63(c)(1)(D).''.
(c) Increase in Limitation on Individual Loss Per
Casualty.--Paragraph (1) of section 165(h) is amended by
striking ``$100'' and inserting ``$500 ($100 for taxable
years beginning after December 31, 2011)''.
(d) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to--
(A) taxable years beginning after December 31, 2007, and
(B) the taxpayer's last taxable year beginning before
January 1, 2008, solely for purposes of determining the
amount allowable as a deduction with respect to any net
disaster loss (as defined in section 165(h)(3)(B) of the
Internal Revenue Code of 1986) for such year by reason of an
election under section 165(i) of such Code.
(2) Increase in limitation on individual loss per
casualty.--The amendment made by subsection (c) shall apply
to taxable years beginning after December 31, 2008.
SEC. 3. EXPENSING OF QUALIFIED DISASTER EXPENSES.
(a) In General.--Part VI of subchapter B of chapter 1 is
amended by inserting after section 198 the following new
section:
``SEC. 198A. EXPENSING OF QUALIFIED DISASTER EXPENSES.
``(a) In General.--A taxpayer may elect to treat any
qualified disaster expenses which are paid or incurred by the
taxpayer as an expense which is not chargeable to capital
account. Any expense which is so treated shall be allowed as
a deduction for the taxable year in which it is paid or
incurred.
``(b) Qualified Disaster Expense.--For purposes of this
section, the term `qualified disaster expense' means any
expenditure--
``(1) which is paid or incurred in connection with a trade
or business or with business-related property,
``(2) which is--
``(A) for the abatement or control of hazardous substances
that were released on account of a federally declared
disaster,
``(B) for the removal of debris from, or the demolition of
structures on, real property which is business-related
property damaged or destroyed as a result of a federally
declared disaster, or
``(C) for the repair of business-related property damaged
as a result of a federally declared disaster, and
``(3) is otherwise chargeable to capital account.
``(c) Other Definitions.--For purposes of this section--
``(1) Business-related property.--The term `business-
related property' means property--
``(A) held by the taxpayer for use in a trade or business
or for the production of income, or
``(B) described in section 1221(a)(1) in the hands of the
taxpayer.
``(2) Federally declared disaster.--The term `federally
declared disaster' has the meaning given such term by section
165(h)(3)(C)(i), except that such term shall not include any
disaster occurring before January 1, 2008, or after December
31, 2011.
``(d) Deduction Recaptured as Ordinary Income on Sale,
etc.--Solely for purposes of section 1245, in the case of
property to which a qualified disaster expense would have
been capitalized but for this section--
``(1) the deduction allowed by this section for such
expense shall be treated as a deduction for depreciation, and
``(2) such property (if not otherwise section 1245
property) shall be treated as section 1245 property solely
for purposes of applying section 1245 to such deduction.
``(e) Coordination With Other Provisions.--Sections 198,
280B, and 468 shall not apply to amounts which are treated as
expenses under this section.
``(f) Regulations.--The Secretary shall prescribe such
regulations as may be necessary or appropriate to carry out
the purposes of this section.''.
(b) Clerical Amendment.--The table of sections for part VI
of subchapter B of chapter 1 is amended by inserting after
the item relating to section 198 the following new item:
``Sec. 198A. Expensing of Qualified Disaster Expenses.''.
(c) Effective Date.--The amendments made by this section
shall apply to amounts paid or incurred after December 31,
2007.
SEC. 4. NET OPERATING LOSSES ATTRIBUTABLE TO FEDERALLY
DECLARED DISASTERS.
(a) In General.--Paragraph (1) of section 172(b) is amended
by adding at the end the following new subparagraph:
``(J) Certain losses attributable federally declared
disasters.--In the case of a taxpayer who has a qualified
disaster loss (as defined in subsection (j)), such loss shall
be a net operating loss carryback to each of the 5 taxable
years preceding the taxable year of such loss.''.
(b) Qualified Disaster Loss.--Section 172 is amended by
redesignating subsections (j) and (k) as subsections (k) and
(l), respectively, and by inserting after subsection (i) the
following new subsection:
``(j) Rules Relating to Qualified Disaster Losses.--For
purposes of this section--
``(1) In general.--The term `qualified disaster loss' means
the lesser of--
``(A) the sum of--
``(i) the losses allowable under section 165 for the
taxable year--
``(I) attributable to a federally declared disaster (as
defined in section 165(h)(3)(C)(i)) occurring after December
31, 2007, and before January 1, 2012, and
``(II) occurring in a disaster area (as defined in section
165(h)(3)(C)(ii)), and
``(ii) the deduction for the taxable year for qualified
disaster expenses which is allowable under section 198A(a) or
which would be so allowable if not otherwise treated as an
expense, or
``(B) the net operating loss for such taxable year.
``(2) Coordination with subsection (b)(2).--For purposes of
applying subsection (b)(2), a qualified disaster loss for any
taxable year shall be treated in a manner similar to the
manner in which a specified liability loss is treated.
``(3) Election.--Any taxpayer entitled to a 5-year
carryback under subsection (b)(1)(J) from any loss year may
elect to have the carryback period with respect to such loss
year determined without regard to subsection (b)(1)(J). Such
election shall be made in such manner as may be prescribed by
the Secretary and shall be made by the due date (including
extensions of time) for filing the taxpayer's return for the
taxable year of the net operating loss. Such election, once
made for any taxable year, shall be irrevocable for such
taxable year.''.
(c) Loss Deduction Allowed in Computing Alternative Minimum
Taxable Income.--Subsection (d) of section 56 is amended by
adding at the end the following new paragraph:
``(3) Net operating loss attributable to federally declared
disasters.--In the case of a taxpayer which has a qualified
disaster loss (as defined by section 172(b)(1)(J)) for the
taxable year, paragraph (1) shall be applied by increasing
the amount determined under subparagraph (A)(ii)(I) thereof
by the sum of the carrybacks and carryovers of such loss.''.
[[Page 21042]]
(d) Conforming Amendments.--
(1) Clause (ii) of section 172(b)(1)(F) is amended by
inserting ``or qualified disaster loss (as defined in
subsection (j))'' before the period at the end of the last
sentence.
(2) Paragraph (1) of section 172(i) is amended by adding at
the end the following new flush sentence:
``Such term shall not include any qualified disaster loss (as
defined in subsection (j)).''.
(e) Effective Date.--The amendments made by this section
shall apply to net operating losses for taxable years
beginning after December 31, 2007.
SEC. 5. WAIVER OF CERTAIN MORTGAGE REVENUE BOND REQUIREMENTS
FOLLOWING FEDERALLY DECLARED DISASTERS.
(a) In General.--Paragraph (11) of section 143(k) is
amended to read as follows:
``(11) Special rules for federally declared disasters.--
``(A) Principal residence destroyed.--If the principal
residence (within the meaning of section 121) of a taxpayer
is--
``(i) rendered unsafe for use as a residence by reason of a
federally declared disaster, or
``(ii) demolished or relocated by reason of an order of the
government of a State or political subdivision thereof on
account of a federally declared disaster, then for the 2-year
period beginning on the date of the disaster declaration,
subsection (d)(1) shall not apply with respect to such
taxpayer and subsection (e) shall be applied by substituting
`110' for `90' in paragraph (1) thereof.
``(B) Principal residence damaged.--
``(i) In general.--If the principal residence (within the
meaning of section 121) of a taxpayer resulting from a
federally declared disaster, was damaged, any owner-financing
provided in connection with the repair or reconstruction of
such residence shall be treated as a qualified rehabilitation
loan.
``(ii) Limitation.--The aggregate owner-financing to which
clause (i) applies shall not exceed the lesser of--
``(I) the cost of such repair or reconstruction, or
``(II) $150,000.
``(C) Federally declared disaster.--For purposes of this
paragraph, the term `federally declared disaster' has the
meaning given such term by section 165(h)(3)(C)(i), except
that such term shall not include any disaster occurring
before January 1, 2008, or after December 31, 2011.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to obligations issued after the date of the
enactment of this Act.
SEC. 6. DETERMINATION OF STANDARD MILEAGE RATE FOR CHARITABLE
CONTRIBUTIONS DEDUCTION.
(a) In General.--Subsection (i) of section 170 (relating to
standard mileage rate for use of passenger automobile) is
amended by adding at the end the following new sentence: ``In
the case of the use of a passenger automobile after the date
of the enactment of this sentence and before January 1, 2012,
the standard mileage rate shall be the rate determined by the
Secretary, which rate shall not be less than the standard
mileage rate used for purposes of section 213.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years ending after the date of the
enactment of this Act.
SEC. 7. ADDITIONAL LOW INCOME HOUSING ALLOCATIONS.
(a) In General.--Subsection (h) of section 42 of is amended
by redesignating paragraph (8) as paragraph (9) and by
inserting after paragraph (7) the following new paragraph:
``(8) Additional allocations for disasters.--
``(A) In general.--In addition to any other allocation made
under this subsection, the Secretary may, upon application by
any State, make allocations of housing credit dollar amounts
to such State for allocation to buildings in such State
consistent with the requirements of subparagraph (C).
``(B) Limitations.--The aggregate qualified disaster
allocations made by the Secretary under this paragraph may
not exceed $190,000,000. Any allocation which is terminated
by the Secretary (by reason of disuse or otherwise) shall not
be treated as having been allocated for purposes of the
preceding sentence.
``(C) Disaster housing allocations.--For purposes of this
section--
``(i) In general.--Allocations under this paragraph may be
made by the Secretary only to States which include a disaster
area.
``(ii) Priority for housing loss disaster areas.--In making
allocation under this paragraph, the Secretary shall give
priority to housing loss disaster areas.
``(iii) Limitation to buildings located in housing loss
disaster areas.--Any allocation of housing credit dollar
amounts under this paragraph may be allocated by such State
(or a housing credit agency of such State) only to--
``(I) buildings located in a disaster area, and
``(II) in the case of any allocation made by reason of a
priority under clause (ii), buildings located in the housing
loss disaster area with respect to which such priority was
given.
``(iv) Pro rata allocations.--The allocations made by the
Secretary under this paragraph shall be made ratably over the
period described in subparagraph (F) unless the Secretary
determines, on the basis of the severity or frequency of
disasters, that a different allocation is appropriate.
``(D) Housing loss disaster area.--For purposes of this
paragraph, the term `housing loss disaster area' means any
county or municipality--
``(i) with respect to which the Governor of the State in
which such county or municipality is located demonstrates to
the satisfaction of the Secretary that the lesser of--
``(I) 1,000 dwelling units, or
``(II) 10 percent of the dwelling units located in such
county or municipality,
have been rendered uninhabitable by reason of damage to or
destruction of such units caused by a federally declared
disaster, and
``(ii) which is located in a disaster area.
``(E) Definitions and special rules.--For purposes of this
paragraph--
``(i) Federally declared disaster; disaster area.--The
terms ``federally declared disaster'' and ``disaster area''
shall have the respective meaning given such terms by section
165(h)(3)(C).
``(ii) No effect on carryovers.--An allocation of housing
credit dollar amount to a State under this paragraph shall
not be taken into account under paragraph (3).
``(iii) Consultation with fema.--Any allocation made under
this paragraph by the Secretary shall be made after
consultation with the Director of the Federal Emergency
Management Agency.
``(F) Termination.--Allocations under this paragraph may be
made only with respect to disasters occurring during the
period beginning on January 1, 2008, and ending on December
31, 2011. No allocation under this paragraph may be made to
any building after December 31, 2012.''.
(b) Effective Date.--The amendment made by this section
shall apply to allocations made after the date of the
enactment of this Act.
SEC. 8. PRIVATE ACTIVITY DISASTER BONDS.
(a) In General.--Section 144 is amended by adding at the
end the following new subsection:
``(d) Qualified Disaster Bond.--
``(1) In general.--For purposes of this part, the term
`qualified disaster bond' means any bond issued as part of an
issue if--
``(A) 95 percent or more of the net proceeds of the issue
are to be used for the replacement, repair, reconstruction,
or renovation of property of a character subject to the
allowance for depreciation which was damaged or destroyed as
a result of a federally declared disaster, and
``(B) such bond is designated by a State for purposes of
this subsection.
``(2) Designation of bonds.--
``(A) Designation by state.--The maximum aggregate face
amount of bonds designated under paragraph (1)(B) by any
State may not exceed the bond limitation allocated to such
State by the Secretary under subparagraph (B).
``(B) Allocation of bond limitation.--
``(i) In general.--The Secretary may, upon application by
any State, make allocation of bond limitation to such State
if such State includes a disaster area.
``(ii) Limitation.--The aggregate amount of bond limitation
allocated to the States by the Secretary under clause (i) may
not exceed $13,000,000,000. Any allocation which is
terminated by the Secretary (by reason of disuse or
otherwise) shall not be treated as having been allocated for
purposes of the preceding sentence.
``(iii) Priority for business loss disaster areas.--In
making allocation under this subsection, the Secretary shall
give priority to business loss disaster areas.
``(iv) Limitation to buildings located in business loss
disaster areas.--Any allocation of bond limitation under this
subsection may be used by such State only to issue bonds with
respect to--
``(I) property located in a disaster area, and
``(II) in the case of any allocation made by reason of a
priority under clause (iii), property located in the business
loss disaster area with respect to which such priority was
given.
``(v) Pro rata allocations.--The allocations made by the
Secretary under this subparagraph shall be made ratably over
the period described in paragraph (5) unless the Secretary
determines, on the basis of the severity or frequency of
disasters, that a different allocation is appropriate.
``(3) Business loss disaster area.--For purposes of this
subsection, the term `business loss disaster area' means any
county or municipality--
``(A) with respect to which the Governor of the State in
which such county or municipality is located demonstrates to
the satisfaction of the Secretary that business property
located in such county or municipality has sustained damages
by reason of a federally declared disaster of at least the
lesser of--
``(i) $50,000,000, or
``(ii) 5 percent of the value of all such business property
(determined immediately before such disaster on the basis of
property tax records or such other method as the Secretary
determines appropriate), and
``(B) which is located in a disaster area.
[[Page 21043]]
``(4) Definitions and special rules.--For purposes of this
subsection--
``(A) Federally declared disaster; disaster area.--The
terms ``federally declared disaster'' and ``disaster area''
shall have the respective meaning given such terms by section
165(h)(3)(C).
``(B) Certain uses prohibited.--A bond which is part of an
issue shall not be treated as a qualified disaster bond if
any proceeds of such issue are to be used for any property
described in section 1400N(p)(3).
``(C) Consultation with fema.--Any allocation made under
this subsection by the Secretary shall be made after
consultation with the Director of the Federal Emergency
Management Agency.
``(5) Termination.--Allocations under this subsection may
be made only--
``(A) before December 31, 2012, and
``(B) with respect to disasters occurring during the period
beginning on January 1, 2008, and ending on December 31,
2011.''.
(b) Exemption From Alternative Minimum Tax.--
(1) Subparagraph (C) of section 57(a)(5) is amended by
redesignating clauses (iv) and (v) as clauses (v) and (vi)
and by inserting after clause (iii) the following new clause:
``(iv) Exception for qualified disaster bonds.--For
purposes of clause (i), the term `private activity bond'
shall not include any qualified disaster bond (as defined in
section 144(d)).''.
(2) Clause (iii) of section 56(g)(4)(B) is amended--
(A) by striking ``section 57(a)(5)(C)(iii)'' and inserting
``clause (iii) or (iv) of section 57(a)(5)(C)'', and
(B) by striking ``housing'' in the heading thereof.
(c) Conforming Amendments.--
(1) Section 141(e)(1) is amended by striking ``or'' at the
end of subparagraph (F), by striking the period at the end of
subparagraph (G) and inserting ``, or'', and by adding at the
end the following new subparagraph:
``(H) qualified disaster bond.''.
(2) Section 146(g) is amended by striking ``and'' at the
end of paragraph (3), by striking the period at the end of
paragraph (4) and inserting ``, and'', and by inserting after
paragraph (4) the following new paragraph:
``(5) any qualified disaster bond.''.
(3) The heading of section 144 is amended by inserting ``;
QUALIFIED DISASTER BOND'' after ``QUALIFIED REDEVELOPMENT
BOND''.
(d) Effective Date.--The amendments made by this section
shall apply to obligations issued after the date of the
enactment of this Act.
SEC. 9. WAIVER OF LIMITATION ON CHARITABLE CONTRIBUTIONS FOR
DISASTER RELIEF.
(a) In General.--Section 170(b) is amended by adding at the
end the following new paragraph:
``(3) Waiver of limitation in case of disaster relief.--
``(A) In general.--Except as otherwise provided in
subparagraph (B), paragraphs (1) and (2) shall not apply to
qualified disaster contributions and such contributions shall
not be taken into account for purposes of applying such
paragraphs or subsection (d) to other contributions.
``(B) Treatment of excess contributions.--For purposes of
this section--
``(i) Individuals.--In the case of an individual--
``(I) Limitation.--Any qualified disaster contribution
shall be allowed only to the extent that the aggregate of
such contributions does not exceed the excess of the
taxpayer's contribution base over the amount of all other
charitable contributions allowable under paragraph (1).
``(II) Carryover.--If the aggregate amount of qualified
disaster contributions made in the contribution year (within
the meaning of subsection (d)(1)) exceeds the limitation of
subclause (I), such excess shall be added to the excess
described in the portion of subparagraph (A) of such
subsection which precedes clause (i) thereof for purposes of
applying such subsection.
``(ii) Corporations.--In the case of a corporation--
``(I) Limitation.--Any qualified disaster contribution
shall be allowed only to the extent that the aggregate of
such contributions does not exceed the excess of the
taxpayer's taxable income (as determined under paragraph (2))
over the amount of all other charitable contributions
allowable under such paragraph.
``(II) Carryover.--Rules similar to the rules of clause
(i)(II) shall apply for purposes of this clause.
``(C) Exception to overall limitation on itemized
deductions.--So much of any deduction allowed under this
section as does not exceed the qualified disaster
contributions paid during the taxable year shall not be
treated as an itemized deduction for purposes of section 68.
``(D) Qualified disaster contributions.--
``(i) In general.--For purposes of this subsection, the
term `qualified disaster contribution' means any charitable
contribution if--
``(I) such contribution is paid during the period beginning
on the date of the enactment of this paragraph, and ending on
December 31, 2009, in cash to an organization described in
paragraph (1)(A) (other than an organization described in
section 509(a)(3)),
``(II) such contribution is for relief efforts related to a
federally declared disaster (as defined in section
165(h)(3)(C)(i)), and
``(III) the taxpayer has elected the application of this
subsection with respect to such contribution.
``(ii) Exception.--Such term shall not include a
contribution if the contribution is for establishment of a
new, or maintenance in a donor advised fund (as defined in
section 4966(d)(2)).
``(iii) Application of election to partnerships and s
corporations.--In the case of a partnership or S corporation,
the election under clause (i)(III) shall be made separately
by each partner or shareholder.''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years ending after the date of the
enactment of this Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
York (Mr. Rangel) and the gentleman from Texas (Mr. Brady) each will
control 20 minutes.
The Chair recognizes the gentleman from New York.
General Leave
Mr. RANGEL. Madam Speaker, I ask that all Members have 5 legislative
days to revise and extend their remarks and insert extraneous material
in the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. RANGEL. Madam Speaker, the provisions of H.R. 7006, the Disaster
Tax Relief Act of 2008, provide tax relief for victims of disasters. I,
along with Ways and Means Committee Ranking Member James McCrery, have
asked the nonpartisan Joint Committee on Taxation to make available to
the public a technical explanation of the bill, JCX-73-08. The
technical explanation expresses the committee understanding and the
legislative intent behind this important piece of legislation. It is
available on the Joint Committee's Web site www.jct.gov.
Madam Speaker, the United States as a Nation has experienced a
terrible number of natural disasters. We started early this year with
tornadoes in Georgia and Tennessee. We saw wildfires consume parts of
these great United States, millions of acres in California. We saw the
mighty rivers of the Midwest overflow their banks and damage the homes
and businesses of so many Americans. And most recently, we saw the
tremendous power of hurricanes Ike and Gustav devastate parts of Texas
and the gulf coast.
I don't think anyone in this Chamber would disagree with me when I
say unfortunately, we probably haven't seen the end of these horrible
events this year. The hurricane season does not end until November 30.
The individuals hit by these natural disasters all shared one thing
in common: they are victims of Mother Nature's strength, and they are
looking for assistance from their Federal Government.
The bill before us today, H.R. 7006, the Disaster Tax Relief Act of
2008, provides a framework for the Congress to be able to provide all
Americans that they be able to count on us in the unfortunate event
that they get hit by a natural disaster. The Congress for years has
been forced to negotiate between individual Representatives and
Senators to decide which victims deserve Federal relief and which ones
do not. It is a process that not one single one of us enjoys being a
part of.
My bill today makes certain that every victim of a natural disaster
gets the relief they need when they are trying to rebuild their homes
and businesses, and trying to rebuild their lives. It does not pick
winners and losers. It does not leave the recovery of these victims to
a handful involved in political control.
My bill offers a variety of relief to victims of natural disasters,
and the bill would first waive the income limitations on personal loss
deductions. It would allow businesses to write off certain qualified
disaster cleanup expenses. It would permit a 5-year carryback for
certain losses. It waives certain mortgage revenue bond requirements to
allow bond proceeds to be used for this rebuilding. It provides for
additional low-income housing tax credits for communities with housing
losses to build $2 billion in affordable
[[Page 21044]]
housing. It adds a new set of disaster private activity bonds for
business reconstruction, and it waives certain limitations on
charitable contributions for disaster relief.
The bill would also increase the standard mileage rate for the
charitable use of a vehicle whether they are involved in the disaster
or not. And most importantly, the relief will be in place for disasters
that may occur for years to come. The provisions are in place through
2011.
That means that when hurricanes like Ike and Gustav come back next
year, albeit with different names, the Federal Government will have
relief in place for the victims of these terrible storms.
I urge my colleagues to work to protect their constituents and hope
and pray that they are never hit. But if they are suffering, that we
will be able to swiftly pass this legislation so that we can provide
some security for these victims.
I hope that you will listen to two of my fellow Democrats,
Representative Lampson and Representative Cazayoux, who know all too
well the pain which these disasters have done to their constituents.
And I hope you appreciate, those who have yet to be hit, that this
Congress has provided the need and support for their constituents.
At this time I ask unanimous consent to yield the balance of my time
to an outstanding member of the Ways and Means Committee, Ron Kind, who
has drafted the outlines of this not for his district, not for his
region, but so that this great country of ours would have the type of
relief that all of us wish we had done before, but we are now doing it
today.
The SPEAKER pro tempore. Without objection, the balance of the time
is yielded.
There was no objection.
Mr. BRADY of Texas. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I rise today in support in H.R. 7006, the Disaster Tax
Relief Act of 2008, a bill that provides targeted tax benefits to
victims of federally declared natural disasters.
As the chairman and gentleman from New York said, we have had a tough
year here in the United States for disasters across this country; most
recently, Hurricane Ike which hit the gulf coast and Texas especially.
Ike will likely be the worst storm to hit Texas in 50 years. Ike
damaged or destroyed about $52 billion worth of homes and businesses.
It was far worse than Hurricane Rita that just hit us 3 years ago. And
this is the region of Texas that was so quick to open their homes and
their hearts and their churches to those victims of Hurricane Katrina,
so it feels a bit like we are being piled on.
We look to areas like Galveston and Bolivar, and Orange and Bridge
City where the storm surge destroyed thousands of homes and damaged
businesses and left people homeless. Today, 11 days after Hurricane
Ike, despite heroic efforts, 250,000 people are still without running
water and many more are still without power as the Texas heat continues
to bear down on them.
So these folks are suffering. They need our help now. Damage from the
hurricane was widespread, and lives were disrupted and destroyed. Yet
here it is 11 days after Hurricane Ike, and to its credit, this
Congress, which I have criticized at times as not moving quickly enough
or substantively enough, has moved quickly to respond to the needs of
not just Texas, but Louisiana, the Midwest and throughout this country.
I am grateful to them for that.
I am encouraged that Congress responded so quickly, and I urge my
colleagues to support this assistance.
I, along with my friend and colleague from Houston, Al Green, along
with the Texas delegation, introduced a bill much like Congressman
Kind's to provide even more expansive tax benefits to Hurricane Ike
victims. While we hope that Congress will consider it in the future
because it has some key provisions important to our recovery, this
legislation today is a very good step forward, especially coming so
quickly after the hurricane.
This bill will provide Texans and others much-needed help through a
variety of tax relief measures. One provision is enhanced casualty loss
deductions, which in plain English just allows families to write off
more of the property loss from Hurricane Ike and other disasters
without regard to their adjusted gross income.
We have increased low income housing tax credits by $2 billion under
this bill. That is important to help those who most need housing.
Another provision is the ability to allow States to use mortgage
revenue bonds to provide loans to repair or reconstruct homes and
rental housing units that are now unsafe for use as residences because
of hurricane damage.
In addition, we all must recognize that the business community, those
who provide our jobs, experienced severe disruption and damage from
Hurricane Ike. To help businesses recover quickly, this legislation
will allow them to write off and immediately expense costs for disaster
recovery, including demolition, repair, cleanup and environmental
remediation.
Any business with net operating losses from the disaster, and there
are many, will be allowed to carry back those losses for 5 years, which
means they will be able to put more money back into recovery and put
workers back to work and getting back into business which is important
for property values and sale tax values in our affected communities.
{time} 1645
Also, the Treasury Department is authorized under this bill to permit
States to issue $13 billion of tax-exempt bonds to finance the
replacement, the repair, the reconstruction and renovation of business
property damaged or destroyed by a federally declared disaster like
Hurricane Ike. I believe these private activity bonds are a critical
tool to help damaged businesses through these hard times.
And we should not forget the remarkable charitable work that people
and businesses provided to their friends and neighbors in hard times. I
witnessed this myself throughout our district that was hit so hard.
We've seen this in past disasters. To assist those who come selflessly
to work so that they do not get hit so hard by the high price of
gasoline, the mileage reimbursement rate for charitable work will be
increased and, moreover, limits for charitable relief contributions in
response to a federal disaster are waived.
This is a very important bill. And while I strongly believe and hope
that Congress might take a look at additional measures in the future,
this bill is a crucial first step, and I strongly support it.
With that, I reserve the balance of my time.
Mr. KIND. Madam Speaker, I rise, obviously, in support of the
legislation. I do want to take a moment and thank my good friend from
Texas for being an original sponsor of the legislation that we had
introduced earlier this year in regards to disaster relief.
Madam Speaker, as you know all too well, it's always bittersweet to
be before the Congress promoting a disaster relief bill; bitter because
of the disastrous effect that disasters have on so many families and
businesses throughout the country, and certainly we have received our
fair share this year alone. But also sweet, given the bipartisan
cooperation that we're seeing from the leadership, the leadership on
the committee, and I thank Chairman Rangel and Ranking Member McCrery
for their help and assistance with this package, and the urgency in
order to get this done so that we can get the assistance out and the
help provided, so we can start rebuilding our communities again,
getting people back in their homes, getting businesses up and
functioning, hiring people and restoring people's lives.
And we believe this Disaster Tax Relief Act is the right approach. It
has three major features to it that I think merits attention. One is,
by using the Tax Code, you build in some predictability and certainty
for anyone throughout the country who's affected by disaster. Doing it
this way, we don't
[[Page 21045]]
have to wait for Congress to take an action on an appropriation bill or
provide FEMA with more funding in order to get help out there.
Another important feature is that it is a nationwide, consistent and
fair approach; so that Members, given their seniority or position on
certain committees, don't have increased leverage in providing
assistance to their area while neglecting other areas throughout
country. By dealing with these tax provisions, it applies uniformly
throughout the Nation in every district, every State, they qualify
merely based on a Federal disaster declaration in that area.
Then, finally, I believe it provides additional assistance to
businesses. Over the last year in dealing with the floods that have
devastated the upper Midwest and talking to community leaders, but
especially business owners, I was struck by the frustration business
owners had in what little disaster assistance is out there for them to
get their businesses up and going. About their only recourse, since
they don't qualify for direct FEMA grants, was for them to go to the
Small Business Administration and negotiate a loan at a rate that's
typically not even competitive with local bank rates in their area. By
revising these tax provisions this is, I think, a direct response of
the need for providing more help to businesses, large and small, that
are also affected by these disasters.
Real quickly, to highlight some of the provisions, the measure
changes limitations to the deduction of personal casualty losses. It
waives limits on charitable deductions for relief associated with
federally declared disasters. Businesses can write off or deduct
qualified disaster expenses through 2011. Businesses hurt by disasters
can carry back now net losses for up to 5 years.
And two more provisions that I have to commend the Iowa delegation
especially in promoting and getting including in this legislation, from
Mr. Boswell to Mr. Loebsack and Mr. Braley, the additional low-income
housing credits that's in this bill, and the private activity bond
provisions for housing bonds and for business property projects.
As Mr. Brady also indicated, there is an increase in the charitable
mileage rate that Mr. Lewis from Georgia has been advocating for some
time in order to help those who are incurring travel expenses for
charitable purposes to keep pace with the increased energy costs that
they're facing. This will make it a little bit more affordable for them
to continue these activities.
About a little over a year ago, Madam Speaker, the rains came, the
waters rose, and the flooding occurred in the upper Midwest. And just
when so many people were returning to their homes and getting back into
their business, early in June this year we suffered the same type of
flooding phenomena. It was a double whammy within a 10-month period of
time.
To go through it once is one thing. People have this rallying effect
and this collective responsibility to one another, and it's truly
inspirational seeing how complete strangers show up on people's
doorsteps to help. Seeing how the local community leaders and the first
responders are the first ones out there battling the devastating
effects of these disasters.
But to get hit within a 10-month period of time with the same type of
disaster really takes the wind out of the sails. People have been
looking for the government, the Federal Government, along with State
and local agencies and all the help that they're getting from the
private sector to enable them to get back up on their feet.
The floods in the upper Midwest over the past year that devastated
the State of Iowa, northern Illinois, southern Minnesota and southern
Wisconsin and portions of my district were tough enough. And then to
see Hurricanes Gustav and Ike and the devastating effect that that has
caused to so many lives in the southern part of our country, the
wildfires out west, there is a great urgency and need in order to move
this disaster relief package forward.
This is one aspect of it. There will still be an emergency
supplemental appropriation bill to provide disaster assistance as well.
But again, given the outlines and the contours of this legislation, we
think it's a uniform, fair approach with built-in predictability, so
that if a disaster declaration is declared, people know what they can
expect and what type of relief they can have. And then coupled with the
assistance that FEMA is able to provide.
Let me just conclude by thanking FEMA for the assistance that they've
provided, at least in the upper Midwest that I personally witnessed.
They brought teams in that were the height of professionalism, very
sensitive to the needs. They tried to expedite the process as quickly
as possible while staying true and responsible to taxpayer funds. We
appreciated that assistance as well as the coordination that they
provided at the State and local level.
With that, Madam Speaker, I would encourage my colleagues to support
the legislation.
I will reserve the balance of my time.
Mr. BRADY of Texas. Madam Speaker, I reserve the balance of my time.
Mr. KIND. Madam Speaker, at this time I would like to yield 2 minutes
to my good friend and colleague from the great State of Texas who
obviously has suffered greatly under the effects of Hurricane Ike, Mr.
Lampson.
Mr. LAMPSON. Thank you, Mr. Kind, for allowing me to have a little
bit of time to talk.
I come to the floor in strong support of H.R. 7006, the Disaster
Relief Act of 2008.
Last Saturday, September 13, Hurricane Ike barreled through southeast
Texas and in its wake left some of the worst destruction in U.S.
history.
I had the pleasure of working closely with my friend, Congressman
Brady, and other colleagues in the Houston area, in trying to put our
pieces back together again for so many people.
Hurricane Ike inflicted massive wind and flood damage, leaving many
residents without a home, others in homes without power. Texans endured
the largest power outage in our State's history, leaving millions
without electricity and with limited access to water, food and fuel.
People like my own daughter, who, thank goodness, had evacuated to some
300 miles away from her home, and when they returned, found that a tree
had crashed through their house, left a 3-foot by 5-foot hole which
flooded their home. Thank goodness, that tree, unfortunately, had
fallen into the bed where my 2-year-old granddaughter sleeps. But even
in the face of devastation, we can find mighty blessings for which we
can be most thankful.
Last week I spent every waking moment helping my constituents recover
and rebound from this storm. I worked with House Chief Administrative
Officer Dan Beard to establish a mobile congressional office with some
225 laptop computers and telephones. The mobile office allowed
displaced residents with nowhere to turn to have an opportunity to
quickly get information and to get in touch. Texans used that office
for everything from registering for FEMA assistance, finding a hotel,
to finding a loved one, or just getting in touch with someone to talk
to.
After witnessing the expansive destruction and devastation left by
Hurricane Ike, I am determined to make certain that essential Federal
tax relief flows quickly to our communities. It is absolutely critical
that the Disaster Tax Relief Act of 2008 pass this Chamber and be
signed into law without delay.
By removing income limitations on personal loss deductions, this bill
helps hardworking Texans affected by the storm get back on their feet
more quickly. This bill also helps Texans rebuild by waiving mortgage
revenue bond requirements to allow bond proceeds to be used for
rebuilding purposes.
The storm left thousands of businesses shuttered and closed, unable
to operate without power or with significant property destruction and
flood damage.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. KIND. I yield the gentleman 1 additional minute.
Mr. LAMPSON. This bill helps businesses recover by allowing them to
[[Page 21046]]
write off disaster clean-up expenses. The act's 5-year carry-back
provision will help businesses that sustained disaster-related losses,
and the new disaster private activity bonds will greatly aid business
reconstruction.
Every Texan lent a helping hand during this crisis. I was amazed at
how many neighbors welcomed neighbors into their homes, how many
churches and hospitals and businesses and military facilities opened
their doors to evacuees, how many volunteers showed up on our doorstep
from around the State and around the country. Now it is important that
the Federal Government lend a helping hand to Texas.
Thank you, Mr. Kind, for the time. I encourage my colleagues to pass
H.R. 7006 with dispatch.
Mr. BRADY of Texas. Madam Speaker, at this time I reserve the balance
of my time.
Mr. KIND. Mr. Speaker, at this time I would like to yield 3 minutes
to our good friend and colleague from Louisiana (Mr. Cazayoux) who has
been instrumental in helping to shape and put this disaster package
together and ushering it through the Congress.
Mr. CAZAYOUX. Thank you, Mr. Kind, for your great leadership on this
important issue.
I rise in strong support of H.R. 7006, the Disaster Tax Relief Act of
2008. It's a good bill that deserves passage so citizens in disaster
ravaged areas across the country have the assurances they need to
rebuild their lives.
On Labor Day of this year, Hurricane Gustav tore across the Sixth
District of Louisiana, packing winds of up to 90 miles per hour, while
downing trees and power lines across the district and destroying and
damaging homes and farms and businesses in its wake. It was, as nearly
everyone has concurred, the worst storm that has ever hit the Baton
Rouge area.
We are now facing the challenge of rebuilding. One problem that has
become glaringly apparent is the named storm deductible issue. Instead
of paying normal insurance deductibles to rebuild, constituents in
Louisiana are now faced with a deductible of up to 5 percent of the
value of their homes, sometimes thousands more than they had paid in
the past.
This has been one of the most important issues to me after Hurricane
Gustav, and we have asked the House to act and provide relief to these
homeowners. I am proud to say that the legislation before us today will
do that by expanding tax deductions for people who incurred damages
during hurricanes such as Gustav and Ike. By waiving the minimum 10
percent adjusted gross income requirement for deducting losses, this
will provide homeowners with much needed relief.
We will also continue to push FEMA on this issue that FEMA recognize
these losses as covered by its individual disaster assistance programs.
In addition to expanding tax deductions for disaster-related losses,
the bill also contains important tax provisions for businesses
recovering from disasters across the country, such as extending the net
operating loss carry-back period from 3 to 5 years, and allowing
businesses to immediately write off certain expenses relating to
Federal disasters. It also increases private activity bond financing
for States to issue to businesses following a disaster.
Furthermore, it allows States to use their tax-exempt housing bonds
to provide loans to repair or reconstruct homes and rental housing
units damaged by storms. It also allocates additional low-income
housing tax credits for States suffering a loss of affordable housing
as a result of a Federal disaster.
This is a solid start to the long-term recovery for regions trying to
rebuild. This year should be a wake-up call for everyone around the
country, from Florida to Louisiana to Iowa and California, that we
cannot avoid natural disasters but we can hope to mitigate their
effects.
This bill shows that Congress is committed to helping our citizens
recover, and it deserves our support.
Mr. BRADY of Texas. Madam Speaker, I would reserve the balance of my
time.
Mr. KIND. Madam Speaker, may I inquire as to the time remaining on
our side?
The SPEAKER pro tempore. The gentleman has 3\1/2\ minutes remaining.
Mr. KIND. At this time I would like to yield 2 minutes to my good
friend from Iowa, who has been in the front lines of battling the
flooding that his State unfortunately incurred, Mr. Boswell.
{time} 1700
Mr. BOSWELL. Madam Speaker, I appreciate the time and effort you have
put into this and all the people of Iowa do, across the Nation in fact,
because I know that when Congressman Braley and Congressman Loebsack
and I took it upon ourselves to visit with the Speaker about this
before we were on the work period last July, there was assurance that
something would happen. And I felt that she could give us that
assurance because we are a United States and we stand together when
things happen that we have no control over, natural disaster.
Some parts of Iowa were hit by windstorms, tornado, and then almost
immediately followed with flood. So we were hit pretty hard.
Our Speaker stopped and spent a day with us on the way back after the
work period and went to all three of the areas that were hit the worst,
and how much it was appreciated by the people of Iowa and, of course,
as people were watching across the Nation. We appreciate it very much,
and she was able to say, because of the confidence that I'm sure she
has in not only her leadership but in this institution, that we do
stand together when it comes to natural disasters, and that's been our
history.
So I'm very appreciative of this. It will be a great help to
homeowners, small businesses, getting levees put back in place, and
preparing for whatever Mother Nature may bring us next.
I thank you again for the time. I appreciate again your good, hard
work.
Mr. BRADY of Texas. Madam Speaker, at this time, I yield 2 minutes to
my colleague from Houston, the gentlelady from Texas, Congresswoman
Sheila Jackson-Lee.
Ms. JACKSON-LEE of Texas. Let me thank the managing member, Mr. Kind
of the Ways and Means Committee, for his leadership and the leadership
of Chairman Rangel. And as well, let me thank my colleague Congressman
Kevin Brady who over the last 10 days we have traveled throughout our
respective districts, along with Congressman Lampson and Congressmen Al
Green, Gene Green and Ron Paul, and we've worked together in a
bipartisan effort to obviously respond to the devastation and needs of
our constituents.
People are suffering through the impact of Hurricane Ike. We've been
told that there will be billions and billions of dollars of damage,
40,000 to 35,000 people still evacuated, many of them coming back to
devastated housing and loss of housing.
This is an important initiative. I think one of the most important
aspects of it is the ability to increase low-income housing tax credits
to States that contain Federal disaster areas. That is particularly
important because we've seen the damage to our multiple family housing
units. I've also seen the damage that comes about through our regular
housing.
Mortgage revenue bond financing for individuals suffering home damage
as a result of Federal disaster, there's a limit to the annual amount
of taxing housing bonds that each State may issue. This bill allows an
increase, a very important part of recovery.
In addition, a business is allowed a 5-year carryback period for
certain losses related to the disaster. Of course, the State of Texas
has Federal disaster counties, and we have an enormous impact in our
business communities, particularly small businesses in our
neighborhoods and in our cities.
So this legislation is an important tax relief bill that I believe
responds to the crux of the need for recovery, and that's what we want
to do in the gulf region. We want to recover. Galveston wants to
recover. The southeast part of Harris County wants to recover, and the
inner city neighborhoods that I represent such as southeast, such as
Acres Home, South Park, Sunny Side, northeast Houston, all of those
want to recover.
[[Page 21047]]
For that reason, I rise to support The Disaster Tax Relief Act of
2008, H.R. 7006, and I ask my colleagues to support it.
Mr. KIND. Madam Speaker, we have no further requests for time, and I
am prepared to yield, if my friend from Texas is.
Mr. BRADY of Texas. I yield myself, for closing, as much time as I
may consume.
Disasters are so hard on families and especially on small businesses
and on communities as they try to recover, whether it is the flooding
in the Midwest or wildfires in the West or Hurricane Ike, Hurricane
Gustav or hurricanes that have hit Florida. It is just a terrible time.
And I know in our case, you always know your own communities best,
and we saw 8- to 10-foot storm surge in Orange County that went over
the levees, flooded one-third of that town and most of its historic
district. It completely flooded about 6 feet up in every home in Bridge
City. I think out of almost 4,000 homes, 15 were left untouched.
And when I was there touring the area, we toured it the day after by
boat, and these are land cities. We could see the devastation, and
today, those communities are trying to recover and those families are
trying to repair their homes.
The problem we have is that Hurricane Rita, which had just come
through 3 years ago, wiped out all the hotel-motels, had wiped out all
available rental housing. So our workers in our energy refineries and
shipbuilding and chemical refineries are staying 90, 100 miles away in
available hotels, driving each day an hour-and-a-half each way to try
to pull the carpet and the sheetrock out of their homes. They have all
their possessions in the world piled in the front yard for insurance
adjusters to appraise or for others to just simply take away.
And to give them hope that they can recover, it's important Congress
do all that we can, and these tax provisions help those families and
small businesses try to take those first steps, which is why not only
do I strongly support this, I appreciate the gentleman from Wisconsin's
long effort to provide disaster relief throughout this country.
I appreciate Chairman Rangel and the Ways and Means Committee taking
a leadership role to move this bill to the floor before the session is
over. I appreciate the support of our Texas delegation, Republicans and
Democrats, as we move forward.
I strongly support this and appreciate the responsiveness of this
Congress.
I yield back.
Mr. KIND. Madam Speaker, I yield myself the remainder of my time.
Again, Madam Speaker, I do want to thank and commend the leadership
of this Congress, from Speaker Pelosi to Minority Leader Boehner, as
well as the leadership on the House Ways and Means Committee, to Mr.
Rangel, to Mr. McCrery, and my colleagues on the committee.
I also want to thank all the hard work and effort that our staff on
the committee and off the committee have put in to putting this
legislation in order.
And disasters, as my friend from Texas so eloquently stated, is not
fun. It is not fun seeing the effect that it has on families, on little
children, on businesses and the spirit of the communities. But they
also are a time of great inspiration, and it really tests the true
character of any community.
And we've unfortunately seen that in a span of 10 months twice in the
State of Wisconsin. We still have communities there that are wrestling
with some very important decisions about possibly relocating whole
towns into higher ground or to different locations where there have
been businesses and homes for generations there, and it's not an easy
decision.
At times like that, it's inspirational seeing how people come
together and rally from the agencies, to local leaders, to first
responders, to volunteer organizations, and complete strangers just
showing up because of their concern and compassion for their fellow
citizens.
Now, it's the country's time, and this Nation has always shown that
compassionate streak, that when one area has been hit by a disaster, we
all rally and collectively respond. And no one, no matter where they
live, is immune from this, and that's been demonstrated again over the
course of this last year.
We think this is an appropriate direction. We think the provisions in
here are the right way to go, and I would encourage my colleagues to
support this legislation.
Mr. BRADY of Texas. Would the gentleman yield?
Mr. KIND. I would be happy to yield.
Mr. BRADY of Texas. Again, I want to thank you for your leadership,
and this is a great piece of legislation.
I was remiss in not recognizing my colleague, Congressman Al Green
from Houston. He's the lead Democrat cosponsor with me on the Texas
portion of disaster relief. He is tied up in Financial Services today
working on issues. I know he is here in spirit, and I just wanted to
publicly thank him for his role as well.
Ms. JACKSON-LEE of Texas. Madam Speaker, I rise today to speak on a
very important issue to me, House Resolution 7006, the Disaster Tax
Relief Act of 2008. Right now, over 800,000 people in the greater
Houston area are without power; this is not acceptable. We must pass
responsible legislation to make it easier for people to get back on
their feet after natural disasters ravage their communities. It is time
to show the Nation that we learned the lessons of Katrina and Rita and
now Ike as well as the other natural disasters we have faced in recent
memory.
Katrina and Rita taught FEMA quite a lot on how to recover from
natural disasters that destroy thousands of people's homes and
livelihood. We now have more advanced warning systems in place, a
better plan to evacuate those in the storm's path and our first
responders are better trained to deal with the medical crisis for those
whose best option is to stay. All these things helped save countless
lives in my district, but now we face the true test of how a nation
responds to a natural disaster.
While we have plenty to praise about the response, sadly, we also
have plenty to criticize. The utility companies were told to improve
their infrastructure so that a disaster like this would not cripple the
region; however, more than a week after Hurricane Ike, these utility
companies left my constituents to clean up with flashlights and
candles. Power still has not been restored to almost a million people,
and we face an emerging health crisis because of it.
I have taken every opportunity to talk to people facing this crisis
and to find out what the Government can do to help them rebuild their
shattered lives. A number of stories that I have heard have been
inspirational, they want, more than anything, to help their friends,
family and neighbors. My staff has received hundreds of calls from
people begging to be of any assistance. These brave souls look at the
devastation and refuse to sit by and watch as people they don't know,
as well as their loved ones, suffer.
This bill will honor those wonderful human beings by helping ease the
burden they have willingly placed on themselves to help. They will get
a higher reimbursement for the miles they drive in the service of
others. The limit that corporations are allowed to write off on their
taxes would be waived. This will allow companies to help the
communities they support and still remain responsible officers for the
employees who work for them.
Madam Speaker, this legislation would also help people's way of life
remain protected during Federal disasters. Being able to deduct a
greater cost for their damaged property help keep homes in the affected
areas instead of them not being rebuilt and relocating. Allowing small
businesses to write off expenses relating to these disasters assures
that the jobs for those who return still exist. Businesses would also
be able to focus on healing before they focus on gathering what is owed
to them. Moving the carry-back period, the statue of limitations on
claiming damages from natural disasters, from 2 years to 5 years would
provide financial assistance as well as peace of mind.
Since the time of the founding of our country, the Government has
been helping out towns and cities affected by disasters. In 1803 a
small fire ravaged the town of Portsmouth, New Hampshire, and the
Congress reacted. This is widely considered the first use of any type
of disaster relief.
Today, a lot of my constituents are no better off than they were a
week ago; this must be remedied. This bill is a great step forward to
[[Page 21048]]
help communities recover, and we must pass this bill. With that, I am
also pleased to be an original cosponsor of this legislation with my
Texas colleagues, Congressman Al Green and Congressman Kevin Brady.
Mr. LEWIS of Georgia. Madam Speaker, I support this Disaster Tax
Relief Act, and I want to thank my colleagues on the Ways and Means
Committee, Congressman Kind and Chairman Rangel, for working to bring
this bill to the floor today.
The Disaster Tax Relief Act addresses deep concerns I had after
tornadoes struck Atlanta. Tornadoes touched down right in the heart of
Atlanta. They blew the windows out of my very own office. They
destroyed sections of neighborhoods and damaged businesses in our city
and across Georgia.
The damage caused by these tornadoes and storms was no different than
the damage caused anywhere else in America this year. If you lose your
home or business, a loss is a loss and damage is damage. Yes, some
disasters are more severe than others. But when it comes to rebuilding
homes and businesses, when it comes to recovery, the tax code should be
fair.
Some think when floods, hurricanes, and tornadoes strike it means
States deserve special treatment based on old politics. Some can
overlook natural disasters that have occurred all over our country and
try to provide specific disaster tax recovery assistance for just one
State and just one tragedy. This is wrong. It is not right. It is not
just.
This Disaster Tax Relief Act provides fair tax relief and recognizes
all disasters, like those in Atlanta, Iowa, Wisconsin, Florida, Kansas,
and other places. It also recognizes the role of volunteers performing
charity work every day but often in the wake of a disaster.
On September 10th I introduced with my good friend and colleague, Jim
Ramstad, H.R. 6854, the Fair Deal for Volunteers Act of 2008. Among
other things, this bill will increase the standard mileage rate tax
deduction from 14 cents a mile to an amount determined by the Secretary
of Treasury that is not less than the standard rate used for medical
purposes. It is currently 27 cents a mile.
With the cost of gas and the precious need for volunteers to keep
delivering meals and blankets and supplies, this is the very least we
can do. I am proud that so many members of the House and Senate have
pushed for this kind of change. I hope we can push harder and pass the
entire Fair Deal for Volunteers Act.
I thank the staff on the Ways and Means Committee and the Oversight
Subcommittee for their good work on this measure.
Mr. KIND. Madam Speaker, I yield back.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New York (Mr. Rangel) that the House suspend the rules
and pass the bill, H.R. 7006.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. KIND. Madam Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
____________________
TREATMENT OF FARMS WITH LIMITED BASE ACRES
Mr. ETHERIDGE. Madam Speaker, I move to suspend the rules and pass
the bill (H.R. 6849) to amend the commodity provisions of the Food,
Conservation, and Energy Act of 2008 to permit producers to aggregate
base acres and reconstitute farms to avoid the prohibition on receiving
direct payments, counter-cyclical payments, or average crop revenue
election payments when the sum of the base acres of a farm is 10 acres
or less, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 6849
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. TREATMENT OF FARMS WITH LIMITED BASE ACRES.
(a) Suspension of Prohibition.--
(1) In general.--Section 1101(d) of the Food, Conservation,
and Energy Act of 2008 (7 U.S.C. 8711(d)) is amended by
adding at the end the following:
``(4) Suspension of prohibition.--Paragraphs (1) through
(3) shall not apply during the 2008 and 2009 crop years.''.
(2) Peanuts.--Section 1302(d) of the Food, Conservation,
and Energy Act of 2008 (7 U.S.C. 8752(d)) is amended by
adding at the end the following:
``(4) Suspension of prohibition.--Paragraphs (1) through
(3) shall not apply during the 2008 and 2009 crop years.''.
(b) Extension of 2008 Signup for Direct Payments and
Counter-Cyclical Payments.--
(1) In general.--Section 1106 of the Food, Conservation,
and Energy Act of 2008 (7 U.S.C. 8716) is amended by adding
at the end the following:
``(f) Extension of 2008 Signup.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary shall extend the 2008 crop year deadline
for the signup for benefits under this subtitle by producers
on a farm with base acres of 10 acres or less until the later
of--
``(A) November 14, 2008; or
``(B) the end of the 45-day period beginning on the date of
the enactment of this subsection.
``(2) Penalties.--The Secretary shall ensure that no
penalty with respect to benefits under this subtitle is
assessed against producers on a farm described in paragraph
(1) for failure to submit reports under this section or
timely comply with other program requirements as a result of
compliance with the extended signup deadline under that
paragraph.''.
(2) Peanuts.--Section 1305 of the Food, Conservation, and
Energy Act of 2008 (7 U.S.C. 8755) is amended by adding at
the end the following:
``(f) Extension of 2008 Signup.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary shall extend the 2008 crop year deadline
for the signup for benefits under this subtitle by producers
on a farm with base acres of 10 acres or less until the later
of--
``(A) November 14, 2008; or
``(B) the end of the 45-day period beginning on the date of
the enactment of this subsection.
``(2) Penalties.--The Secretary shall ensure that no
penalty with respect to benefits under this subtitle is
assessed against producers on a farm described in paragraph
(1) for failure to submit reports under this section or
timely comply with other program requirements as a result of
compliance with the extended signup deadline under that
paragraph.''.
(c) Offsetting Reduction.--Section 515(k)(1) of the Federal
Crop Insurance Act (7 U.S.C. 1515(k)(1)) is amended by
striking ``not more than $15,000,000 for each of fiscal years
2008 through 2011'' and inserting ``not more than $15,000,000
for fiscal year 2008, not more than $9,000,000 for fiscal
year 2009, and not more than $8,000,000 for each of fiscal
years 2010 and 2011''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
North Carolina (Mr. Etheridge) and the gentleman from Virginia (Mr.
Goodlatte) each will control 20 minutes.
The Chair recognizes the gentleman from North Carolina.
General Leave
Mr. ETHERIDGE. Madam Speaker, I ask unanimous consent that all
Members may have 5 legislative days in which to revise and extend their
remarks on this bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from North Carolina?
There was no objection.
Mr. ETHERIDGE. Madam Speaker, I rise in strong support of H.R. 6849.
Let me also thank Chairman Peterson, chairman of the full committee,
and Ranking Member Goodlatte for their hard work and effort in making
sure that we got a quick markup on this bill in committee and got it to
the floor.
I introduced this legislation with my good friend and colleague,
Representative Jerry Moran, to help thousands of American farmers who
would have been adversely affected by really the willful
misinterpretation in the 2008 farm bill by the Department of
Agriculture.
Madam Speaker, the Department has interpreted the language in the
2008 farm bill in a manner that would prevent thousands of small
farmers from receiving the program payments they are owed, putting them
in jeopardy, in some cases, of financial hardship and some might even
have to go out of business.
This is based on its misinterpretation of a provision in title I of
the farm bill that was meant to prevent payments to those farms that
are 10 acres or less. Despite clear report language outlining how USDA
is to implement this provision, the Secretary has chosen not to read it
as written.
[[Page 21049]]
I personally, along with a number of my colleagues, opposed the 10-
acre provision in the farm bill when it was debated in the committee
and again during conference, because we should not punish small farmers
in America. But I understand the provision's intent: to prevent people
who are not active farmers from gaming the system and getting
government payments on land they didn't actively farm. I think that's
appropriate.
However, I cannot abide by the interpretation that puts thousands of
farmers who rent or lease small tracts of land for their farming
operations and place them at risk of not receiving payments and could,
in some cases, put them in jeopardy of being out of business, an
interpretation that puts existing contracts between landowners and
farmers at risk of being voided.
Let me just share with you what this means. In the State of Iowa,
roughly 12,000 farms are affected; in Illinois, approximately 16,000
farms would be affected; in Ohio, 16,000 farms; in Kentucky, 20,000
farms; and in my home State of North Carolina, almost 16,000 farms
would be adversely impacted if Congress let's the department rule
stand. Nationwide, this number could be as high as 460,000 farms.
H.R. 6849 fixes this problem. It suspends the provisions in title I
for the 2008-2009 crop years that would have required producers to have
a minimum of a 10-acre base to receive program benefits. This provision
provides time to consider a more permanent fix in the future.
Madam Speaker, I urge my colleagues to support this important
legislation.
I reserve the balance of my time.
Mr. GOODLATTE. Madam Speaker, I yield myself such time as I may
consume.
I support H.R. 6849 which voids the payment prohibition to farmers
who have fewer than 10 acres of working farmland for the 2008 and 2009
crop years.
{time} 1715
This measure protects farmers who would be denied benefits because it
addresses a specific provision in the farm bill that the U.S.
Department of Agriculture has misinterpreted. The intent of that
original provision was to stop gardeners in New York City from getting
program payments. It was never intended to prevent bonafide farmers
from participating in commodity programs.
The farm bill provision and the accompanying report encourage the
Secretary of Agriculture to allow farmers to aggregate base acres from
multiple working farms to qualify for those program benefits.
However, the USDA has decided to interpret the language of that
provision differently and prohibit aggregation. It is unfortunate that
we are forced to pass further legislation to make sure this intent
cannot be misconstrued. However, if we do not take action, the result
will be damaging to thousands of farmers who depend on program
payments.
I believe it is necessary that we pass this bill in order to protect
those thousands of farmers who are being adversely affected by the
USDA's interpretation of a specific provision in the farm bill. This is
a growing concern throughout the country. Specifically, in my State of
Virginia, the Virginia Farm Bureau contacted me directly because it was
worried about the negative impact this interpretation would have on the
livelihood of its producers.
I support this bill, and I urge my colleagues to support it as well.
I reserve the balance of my time.
Mr. ETHERIDGE. Madam Speaker, I am pleased to yield 2 minutes to the
gentleman from Iowa (Mr. Boswell) who has worked hard on this and this
has a significant impact on his State.
Mr. BOSWELL. Madam Speaker, I appreciate this opportunity. I want to
thank my good friend and colleague from North Carolina (Mr. Etheridge)
and Mr. Goodlatte and the rest of you for us coming together and
correcting this error that's taken place, or this misrepresentation.
As the cosponsor of H.R. 6849, I'm extremely pleased the full House
has taken action today so that Iowa and the Nation's small working
farmers across the Nation will have an opportunity for an adequate
safety net. The legislation suspends a provision in the new farm bill
which prohibits producers farming 10 acres or less to receive USDA
payments.
Now hear this. When the farm bill was drafted and during the
conference process, it was the intent of Congress to allow farmers to
aggregate their base acres, to bring them together. This is evident by
the Joint Explanatory Statement of the managers that accompanied the
2008 farm bill which clearly states, ``The managers intend for the
department to allow for aggregation of farms for purposes of
determining the suspension of payments on farms with 10 base acres or
less.''
This needs to be corrected. I ask that everybody that would
participate to be sure we make this clear and make sure small farmers
will be taken care of. The USDA has misrepresented Congress' intent
putting thousands of small producers at risk.
I would like to urge my colleagues to support this resolution.
Mr. GOODLATTE. Madam Speaker, at this time it is my pleasure to yield
to the gentleman from Kansas (Mr. Moran), the ranking member of the
Commodity Subcommittee, such time as he may consume.
Mr. MORAN of Kansas. I thank the gentleman for yielding, and I rise
in support of H.R. 6849.
I certainly support the fundamental purpose of this bill. I do have
some concerns about the offset, the pay-for, that is necessary. I am
also concerned that the bill only provides temporary relief.
As has been indicated, decisions were made in the farm bill to
eliminate 10 acres from being considered for program payments under the
new farm bill, and the attempt was made to make it clear that farmers
could aggregate their properties. That has not been the case as the
farm bill has been implemented by the Department of Agriculture, and we
now are here to correct that mistake.
Mr. Etheridge and I, the gentleman from North Carolina, introduced
legislation to do that in September, and this is the base behind the
bill that we have before us today, although our plan was to allow
farmers to combine base acres through two processes: either
reconstitution or aggregation.
And when it became a concern that that bill would not pass in
sufficient time and the offset was not there, the bill we have before
us became the compromise; and I'm pleased knowing that this legislation
must pass to be supportive of this compromise bill. It does mean that
this Congress, the House Agriculture Committee, will need to come back
in future years to make certain that we get this corrected.
Also, by speaking today, I want to raise the concern that I have with
the offset that we're using. For a long time I have worried that my
farmers, when they go to see their USDA officers, particularly FSA, at
their county office, they have had tremendous delays in access to
computers. And the offset for this bill is computer/IT funding in the
Risk Management Agency, RMA. In my opinion, we need to find a more
appropriate offset because we authorized only $60 million in the farm
bill, $15 million in each of the 4 fiscal years for the IT system at
the Risk Management Agency, and those systems were only updated--the
last time was 15 years ago.
This would remove nearly $20 million from the original $60 million
authorized in the farm bill, removing about a third of the money
allocated for computer upgrades.
And so we have an opportunity, I hope, when the Senate passes similar
legislation to sit down and see if we can't agree upon a different way
of paying for this needed correction.
Without sufficient funding, the Risk Management Agency will be forced
to limit future product approvals, enhancements, and expansions, and I
believe that will adversely affect farmers and ranchers. RMA must be
able to interface with 17 insurance companies that deliver Federal crop
insurance covering more than 1.1 million policies and $89 billion in
liability.
Upgrades are not only needed to allow services to continue but are
also
[[Page 21050]]
necessary to implement current technology to improve program integrity
and data security and the protection of personally identifiable
information.
Again, I raise the concern and hope that as this bill works its way
through the process, that we can find a more satisfactory offset than
the information technology, the RMA IT account, at the Department of
Agriculture.
I am here to support this legislation. I appreciate the fix that it
provides. We need to figure out a permanent solution, and we need to
figure out a different way of paying for it. I look forward to
continuing to working in the process to see that those two things
occur.
Mr. ETHERIDGE. Madam Speaker, I now yield 2 minutes to the gentleman
from Pennsylvania (Mr. Holden) who has also been instrumental in this
piece of legislation and works hard on the Ag Committee.
Mr. HOLDEN. I thank the gentleman for yielding, and I thank the
gentleman for his leadership as well as the gentleman from Kansas (Mr.
Moran) and the ranking member, Mr. Goodlatte, and Chairman Peterson.
This is a pretty timely debate, Madam Speaker. I just came from a
meeting with Deputy Secretary Conner about this very issue. The deputy
secretary said that he would like to be helpful and Secretary Schaeffer
would like to be helpful. They're just having difficulty struggling
with the legal interpretation of what ``congressional intent'' was.
So it's very important that we pass this legislation today by as
strong a vote as possible. The deputy secretary promised to go back and
look and see if there's a way they can interpret it for what I told him
that was my understanding of what congressional intent was.
I remember that evening in conference when the gentleman from North
Carolina offered an amendment and a discussion came about. It was
pretty clear to me, and I think everyone else in the room, that it was
the intent of the conference to have this be in the aggregate. We're
still having difficulty working with the department, as I mentioned.
They just promised me 10 minutes ago to continue to work on it.
But I think one way that we can send a clear message is to pass this
bill tonight by as overwhelming a vote as we possibly can and send it
over to the Senate.
Mr. GOODLATTE. Madam Speaker, I have no further speakers, I would
urge my colleagues to support this legislation, and yield back.
Mr. ETHERIDGE. Madam Speaker, we have no further speakers.
Let me thank the gentleman from Virginia for his help, Ranking Member
Goodlatte, Chairman Peterson, and all the members of the committee, and
also my good friend, Congressman Moran from Kansas, who really was
instrumental in working on this piece of legislation.
Let me just say to my colleagues, every State in America is affected
by this piece of legislation from an agricultural standpoint. With
that, Madam Speaker, I urge my colleagues to support this legislation.
Mrs. MILLER of Michigan. Madam Speaker, I rise in strong support of
H.R. 6849 and on behalf of Michigan's farmers and agricultural
community.
When thinking of Michigan, most people automatically think of the
automobile industry. However, many people don't realize that
agriculture is the second largest industry in the state and in many
ways defines us, our culture and our values.
Michigan's agriculture industry is made up of small and medium sized
farms. However, the family farmer is alive and well in my district. And
that is why this bill is so critical to Michigan producers and the rest
of the country.
This legislation waives the 10 acre provision for farm program
eligibility for the 2008 and 2009 crop years. This provision, which was
included in the Farm Bill, prevents farmers with less than 10 base
acres from receiving a program crop payment such as Direct, Counter-
Cyclical, or ACRE payments.
There are many producers which are prohibited from receiving the
benefits of the Farm Bill because of this provision. It is my sincere
belief that farmers that work multiple plots of less than 10 acres were
never intended to be denied access to this program. This legislation
today will force the USDA to recognize that fact. I am proud to stand
in support of this bill and urge all of my colleagues to vote in favor
of this measure.
Mr. PETERSON of Minnesota. Madam Speaker, I rise today in support of
H.R. 6849, which will prevent the U.S. Department of Agriculture from
denying farm program benefits to farmers who have several small plots
of land that are eligible for commodity program payments.
H.R. 6849 is a bipartisan bill that was introduced by my House
Agriculture Committee colleagues, Representatives Bob Etheridge and
Jerry Moran, the Chairman and Ranking Member, respectively, of the
General Farm Commodities and Risk Management Subcommittee. An amended
version of the bill passed the Committee by voice vote last week.
On June 30 of this year, about a month after Congress overrode the
President's veto on the Farm Bill, the US Department of Agriculture
published a notice stating their intent to ``not approve requests for
farm combination reconstitutions of farms having base acres of 10 acres
or less.''
The Department's notice is a substantial change from what was in
place prior to the 2008 Farm Bill and runs contrary to what was
intended by House and Senate conferees who wrote the provision. The
manager's report states that small base acreages could be aggregated to
allow for farm program eligibility if the sum of the acres is over 10.
The USDA's decision to eliminate such a large number of base acres
could affect hundreds of thousands of producers all across this
country.
Their selective interpretation of the Farm Bill is doing no favors
for America's farmers and ranchers, who are rightly concerned that the
Department is ignoring the Congress's clearly stated intent.
Madam Speaker, in recognition of the difficulties in paying for this
fix over a ten year period, the Committee amended the bill to
temporarily solve this problem by suspending the 10 base acre provision
for two years. This temporary, less expensive solution is fully offset
in order to meet Congressional Paygo requirements.
With passage of this bill today, Madam Speaker, it is my hope that we
can make clear to farm country that the Farm Bill will be implemented
as Congress intended.
I urge my colleagues to support H.R. 6849.
Mr. ETHERIDGE. I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from North Carolina (Mr. Etheridge) that the House suspend
the rules and pass the bill, H.R. 6849, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________
REGARDING INSPECTOR GENERAL OF COMMODITY FUTURES TRADING COMMISSION
Mr. TOWNS. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 6406) to elevate the Inspector General of the Commodity
Futures Trading Commission to an Inspector General appointed pursuant
to section 3 of the Inspector General Act of 1978, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 6406
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. INSPECTOR GENERAL OF COMMODITY FUTURES TRADING
COMMISSION.
(a) Elevation of Office.--
(1) Inclusion of cftc in definition of establishment.--
(A) Section 11(1) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended by striking ``or the Federal
Cochairpersons of the Commissions established under section
15301 of title 40, United States Code;'' and inserting ``the
Federal Cochairpersons of the Commissions established under
section 15301 of title 40, United States Code; or the
Chairman of the Commodity Futures Trading Commission;''.
(B) Section 11(2) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended by striking ``or the Commissions
established under section 15301 of title 40, United States
Code,'' and inserting ``the Commissions established under
section 15301 of title 40, United States Code, or the
Commodity Futures Trading Commission,''.
(2) Exclusion of cftc from definition of designated federal
entity.--Section
[[Page 21051]]
8G(a)(2) of the Inspector General Act of 1978 (5 U.S.C. App.)
is amended by striking ``the Commodity Futures Trading
Commission,''.
(b) Effective Date; Transition Rule.--
(1) Effective date.--The amendments made by this section
shall take effect 30 days after the date of enactment of this
Act.
(2) Transition rule.--An individual serving as Inspector
General of the Commodity Futures Trading Commission on the
effective date of this section pursuant to an appointment
made under section 8G of the Inspector General Act of 1978 (5
U.S.C. App.)--
(A) may continue so serving until the President makes an
appointment under section 3(a) of such Act consistent with
the amendments made by this section; and
(B) shall, while serving under subparagraph (A), remain
subject to the provisions of section 8G of such Act which
apply with respect to the Commodity Futures Trading
Commission.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
York (Mr. Towns) and the gentleman from Tennessee (Mr. Duncan) each
will control 20 minutes.
The Chair recognizes the gentleman from New York.
General Leave
Mr. TOWNS. Madam Speaker, I ask unanimous consent that all Members
have 5 legislative days in which to revise and extend their remarks.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. TOWNS. Madam Speaker, I yield myself such time as I may consume.
H.R. 6406 will elevate the Inspector General of the Commodity Futures
Trading Commission to a Presidentially appointed, Senate-confirmed
position. This bill strengthens the integrity of the Commodity Futures
Trading Commission by giving the Inspector General more authority and
independence to investigate CFTC's regulation of commodity futures and
option markets.
H.R. 6406 builds upon legislation recently passed by the House to
give the CFTC more authority to investigate and regulate speculations
in all and future markets. In light of the current financial crisis,
this bill is an important step in boosting the independence,
accountability, and credibility of a key financial regulator.
Under current law, the Inspector General is hired by the chairman of
the CFTC. This process may prevent the IG from conducting a thorough
investigation into CFTC's programs and operations. This bill will
separate the IG's oversight function from day-to-day management by the
chairman and commissioners and reassure market users and the public
that they are being protected from fraud, manipulation, and abusive
practices related to the sale of commodity and financial futures.
Madam Speaker, this bill is a small but important step towards
improving public trust in the Commodity Futures Trading Commission. I
fully support its passage and urge my colleagues to do the same.
I reserve the balance of my time.
Mr. DUNCAN. I yield myself such time as I may consume.
Madam Speaker, I'm honored to be on the floor on this legislation
with my good friend, Chairman Towns, who is one of our great Members on
the other side.
Today we take up H.R. 6406 which elevates the Inspector General of
the Commodity Futures Trading Commission to an Inspector General
position requiring a Presidential appointment and Senate confirmation,
or, as some people refer to it, a PAS position.
On behalf of Ranking Member Davis, I do want to express one concern,
and that is that this legislation does not come to the floor through
regular order, and while we understand the need to move quickly to
ensure that we have solid oversight from an independent source at the
CFTC, this bill could have benefited from a review by the Oversight and
Government Reform Committee.
Recommendation 6 of Paul Volcker's National Commission on Public
Service issued in January of 2003 said, ``Congress and the President
should work together to significantly reduce the number of executive
branch political positions.''
{time} 1730
The Commission noted that President Kennedy had 286 leadership
positions to fill when he became President in 1960, and that by the end
of the Clinton administration there were 914 principle leadership
positions; and that in 2001, the new President, George W. Bush, at that
time confronted a total of 3,361 offices to be filled by political
appointment.
The Commission pointed to several reasons for this, mostly due to a
bad Federal management structure. But regarding Inspectors General, we
believe much of this stems from an assumption that the PAS process
generates a more professional and independent Inspector General. To our
knowledge, no one has successfully demonstrated a nexus between the PAS
process and professional excellence. And our fear is that a growing lag
in the PAS process will cause even larger gaps in leadership during the
Presidential transitions.
With that said, however, on our side, we're inclined to support this
bill given the current crisis that we face. And we know that the CFTC
is a very important agency, particularly at this time. But we caution
our colleagues to pay more attention to these ``elevation bills'' in
the future and insist on a specific articulated need for any proposed
change, and also, hopefully, full committee hearings.
Madam Speaker, I reserve the balance of my time.
Mr. TOWNS. Madam Speaker, I yield 2 minutes to the gentleman from
North Carolina, Congressman Etheridge.
Mr. ETHERIDGE. I thank the gentleman for yielding.
Madam Speaker, I rise in support of H.R. 6406, Mr. Larson's bill to
make the Inspector General at the CFTC a Presidential appointment, and
hence more of an independent office within the Commission.
Madam Speaker, as you know, the provisions of H.R. 6406 were
originally part of the Commodity Markets Transparency and
Accountability Act introduced by the Ag chairman, Chairman Peterson,
and myself after Representative Larson had brought it to us. The House
has already supported those provisions with 276 votes when the CMTA was
first considered on July 30 of this year. Unfortunately, because of
jurisdictional issues, the provisions were not a part of the version of
the CMTA Act that passed the House last week. I am pleased that we are
able to take this vote today to promote an independent Inspector
General for the CFTC as originally intended.
We passed the CMTA to bring some more sunshine to the commodities
market and over-the-counter trading of energy and agricultural
commodities. This greater transparency will help establish greater
confidence in the markets. An independent Inspector General will
contribute further to that goal.
I applaud the gentleman from Connecticut for his perseverance in
moving the bill forward. The points he has raised regarding the need
for this bill have merit. Currently, the Department of the Treasury is
the only financial regulator with a Presidentially-appointed Inspector
General. This bill will make the CFTC the second financial regulator
with this kind of independent oversight.
Given the financial turmoil that we have seen in other financial
markets, the arguments for a more independent Inspector General for the
CFTC also apply to other financial regulators, like the Federal Reserve
Board and the SEC. Congress may want to consider requiring similar
provisions for other financial regulators.
This bill is a step in the right direction to bring confidence to
financial markets. I urge my colleagues to support the bill.
Mr. DUNCAN. Madam Speaker, I continue to reserve our time.
Mr. TOWNS. Madam Speaker, I yield 3 minutes to the sponsor of the
bill, Congressman Larson from the great State of Connecticut.
Mr. LARSON of Connecticut. Thank you, Chairman Towns.
I appreciate the opportunity to speak on behalf of this important
bill that's a vital piece of our anti-speculation measures we have
passed in the House this session.
By elevating the Inspector General of the Commodities Futures Trading
Commission to the level of a wholly independent office will provide for
[[Page 21052]]
greater oversight in our commodities markets and, as Mr. Etheridge has
said and as Mr. Peterson and the committee acknowledged, was important
in terms of us letting all the sunshine we can into what is commonly
referred to as the ``dark market.'' And this would provide us a great
opportunity to make sure that, on behalf of the American people, that
we return the sheriff to the job and bring back much-needed regulation
in these areas.
I want to thank Chairman Peterson and Ranking Member Goodlatte for
their leadership and Chairman Waxman and Ranking Member Tom Davis for
helping with this legislation. But I must say that the genesis of this
legislation comes from individuals from my home State who came to me
with concerns about senior citizens having to take their entire Social
Security check and put it into home heating oil. And what they had
noted is that rampant speculation was driving the costs up in these
markets and the laws of supply and demand have been suspended, and what
was needed was an antiseptic, a way to open up and look at these
markets in terms of allowing the sunshine to come in.
As my grandfather Nolan would say, ``It's a simple case of trust
everyone, but cut the cards.'' And in this, not only do we have an
opportunity to cut the cards, but shuffle and give a new deal to the
American people. That's why this legislation is so important.
I appreciate all of the work and effort the committee has done.
Certainly the surge in oil prices this summer has worsened the concerns
on behalf of the American people. It's important, especially given all
that has happened as we sit here, that this Congress, that this body do
everything that it can to restore oversight and review and bring back
to the American people the notion that this is the people's House, and
we're watching what's happening on Wall Street on their behalf and
empowering people with all the appropriate tools to go after those who
will break the law or move outside of the law and not act on behalf of
the interests of the American people.
Again, I want to thank the chairman. And I want to thank those in the
committee for ushering this legislation forward.
Mr. DUNCAN. Madam Speaker, we continue to reserve.
Mr. TOWNS. Madam Speaker, let me say, I want to first commend the
gentleman from Connecticut for putting this legislation together.
This is a very timely piece of legislation; we need it today more
than ever. We need to have an independent IG. We need to make certain
that his hands are not tied or her hands are not tied, that they're
able to go and to look, and wherever the problem is, that they're able
to go without being interfered with.
So I think this is a great piece of legislation. And I'm happy to
have a presidential appointment, because that's the kind of
independence that's needed, as you know what's going on in this country
today. I mean, let's face it. And of course we need to make certain
that we have transparency. We need to make certain that people in the
position are able to carry out that position without any kind of
restrictions at all. So this legislation addresses that.
I think it's a good piece of legislation. I encourage my colleagues
and friends to support it. And I say to the author of it and to the
members who have been very involved in the Ag Committee for this, I
really want to say to you, thank you for doing the right thing.
On that note, Madam Speaker, I reserve the balance of my time.
Mr. DUNCAN. Madam Speaker, I'm sorry. We didn't realize that Chairman
Towns didn't have any other speakers. So I urge all Members to support
the passage of H.R. 6406.
Mr. DAVIS of Virginia. Madam Speaker, today, we take up H.R. 6406,
which elevates the Inspector General of the Commodity Futures Trading
Commission to an Inspector General position requiring a Presidential
appointment and Senate confirmation, PAS positions.
This legislation does not come to the floor through regular order--
and while I understand the need to move quickly to ensure we have solid
oversight from an independent source at the CFTC, this bill could have
benefited from a review by the Oversight and Government Reform
Committee.
Recommendation 6 of Paul Volcker's National Commission on the Public
Service, issued in January 2003 is, and I quote, ``Congress and the
President should work together to significantly reduce the number of
executive branch political positions.''
The Commission noted that President Kennedy had 286 leadership
positions to fill when he became President in 1960; that by the end of
the Clinton administration, there were 914 principal leadership
positions; and that, in 2001, the new President George W. Bush
confronted a total of 3,361 offices to be filled by political
appointment.
The Commission pointed to several reasons for this--mostly due to a
bad Federal management structure. But I think much of this--and let's
focus on IGs here--stems from an assumption that the PAS process
generates a more professional and independent Inspector General.
I see little evidence this is true. I don't think anyone has
successfully demonstrated a nexus between the PAS process and
professional excellence.
Since we already have too many PAS positions and I doubt the next
President and the next Congress will take the Volcker Commission's
Recommendation 6 to heart, large gaps will continue to occur in
leadership during Presidential transitions.
With that said, however, I am inclined to support this bill given the
current crisis we face. But I caution my colleagues to pay more
attention to these ``elevation bills'' in the future and insist on a
specific, articulated need for any proposed change.
Mr. DUNCAN. Madam Speaker, I yield back the balance of my time.
Mr. TOWNS. Madam Speaker, I yield back the balance of my time and
urge my colleagues to support this legislation.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New York (Mr. Towns) that the House suspend the rules
and pass the bill, H.R. 6406, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________
FIRST LIEUTENANT NOAH HARRIS ELLIJAY POST OFFICE BUILDING
Mr. TOWNS. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 6847) to designate the facility of the United States Postal
Service located at 801 Industrial Boulevard in Ellijay, Georgia, as the
``First Lieutenant Noah Harris Ellijay Post Office Building''.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 6847
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. FIRST LIEUTENANT NOAH HARRIS ELLIJAY POST OFFICE
BUILDING.
(a) Designation.--The facility of the United States Postal
Service located at 801 Industrial Boulevard in Ellijay,
Georgia, shall be known and designated as the ``First
Lieutenant Noah Harris Ellijay Post Office Building''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
facility referred to in subsection (a) shall be deemed to be
a reference to the ``First Lieutenant Noah Harris Ellijay
Post Office Building''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
York (Mr. Towns) and the gentleman from Tennessee (Mr. Duncan) each
will control 20 minutes.
The Chair recognizes the gentleman from New York.
General Leave
Mr. TOWNS. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and to extend their
remarks.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. TOWNS. Madam Speaker, as a member of the House Committee on
Oversight and Government Reform, I stand with my colleagues from the
State of Georgia in support of H.R. 6847, which designates a postal
facility in Ellijay, Georgia, in honor of First Lieutenant Noah Harris.
[[Page 21053]]
H.R. 6847 enjoys the support of the entire House congressional
delegation from Georgia and was introduced by my colleague,
Representative Nathan Deal of Georgia, on September 9, 2008.
H.R. 6847 calls for honoring First Lieutenant Harris and his service
for our country by designating the post office in his hometown of
Ellijay, Georgia, as the ``Noah Harris Post Office.''
First Lieutenant Noah Harris was assigned to the 2nd Battalion, 69th
Armor Regiment, 3rd Brigade, 3rd Infantry Division out of Fort Benning,
Georgia, when he died on June 18, 2005 in Iraq of injuries sustained on
June 17 when he was on mounted patrol and his Humvee was attacked by
enemy forces using rocket-propelled grenades. Also killed was First
Lieutenant Harris' friend and comrade, Corporal William A. Long.
Madam Speaker, in honor of First Lieutenant Noah Harris, his
sacrifice and service to this Nation, I urge my colleagues to join in
support in the passage of H.R. 6847.
Madam Speaker, I reserve the balance of my time.
Mr. DUNCAN. Madam Speaker, I have a statement that I wish to place
into the Record on behalf of Ranking Member Davis and myself in support
of this legislation.
Madam Speaker, I yield myself such time as I may consume.
I rise today in strong support of this bill designating the facility
of the United States' Postal Service located at 801 Industrial
Boulevard in Ellijay, Georgia, as the ``First Lieutenant Noah Harris
Ellijay Post Office Building.''
On June 17, 2005 First Lieutenant Noah Harris was conducting a
mounted patrol in Baquba, Iraq, when enemy forces fired rocket-
propelled grenades at his armored Humvee. Noah Harris died from the
injuries on June 18, one week before his 24th birthday.
By all accounts, Noah Harris was a remarkable person.
While attending Gilmer High School in Ellijay Georgia, Harris was the
captain of the football team, a state wrestling champion, and Honor Bar
Thespian in the theater club.
After graduating high school in 1999, Harris attended the University
of Georgia's Terry College of Business, where he continued his
involvement in the community and athletics. He was the captain of the
cheerleading squad, a member of the Sigma Phi Epsilon fraternity, and a
volunteer for Watch Dawgs, an organization that works to prevent
alcohol related accidents among students.
In 2001, Harris was one of the first participants in the Leonard
Leadership Scholars Program, a leadership development program for
undergraduates by the Terry College Institute for Leadership
Advancement. It was during that time, shortly after the September 11
terrorist attacks, that Harris first considered serving our country
through military service and joined the ROTC.
After graduation, Harris was commissioned as a second lieutenant and
stationed at Fort Benning. To keep up morale among his soldiers' Harris
began a pen pal program with family and friends. He also started
``Operation Noah's Dream'' by encouraging members of his community to
send him beanie babies, which he passed out to children in Iraq.
He was truly a person that strove to make a difference at home and
Iraq. Tragically his life was cut short but his memory will live on and
he will be greatly missed.
With gratitude for his sacrifice to his country, I ask all members to
join me in support of HR 6847, to name the 801 Industrial Boulevard
Post Office in Ellijay, Georgia in his honor.
At this time, I yield the balance of our time to the gentleman from
Georgia (Mr. Deal).
Mr. DEAL of Georgia. Madam Speaker, I thank Mr. Duncan for yielding
the time to me. And I thank Mr. Towns for the very kind words that he
has spoken on behalf of this outstanding young man.
And I do rise today to honor the memory of First Lieutenant Noah
Harris by dedicating the United States Post Office located in Ellijay,
Georgia, and naming it the ``First Lieutenant Noah Harris Ellijay Post
Office.''
As Mr. Towns has indicated, Lieutenant Harris was killed at the age
of 23, serving in Buritz, Iraq, and was returning from a successful
mission when his Humvee was hit by two rocket-propelled grenades.
Many times we talk about individuals that we don't know. Tonight, I
talk about a young man I did know. Noah Harris served as an intern in
my office in the summer of 2002. He was a star athlete at Gilmer County
High School, captain of his football team, captain of the wrestling
team, State wrestling champion, and a star scholar.
When he graduated from high school, he went to the University of
Georgia and he joined the football cheerleading squad. Now, at first
you would think, as did his captain in Iraq, that if you're a
cheerleader, you're not physically fit. Of course, if you watched
college cheerleaders, you know when they lift somebody over their head
and hold them, they are physically fit, as was Noah. And he became the
captain of that cheerleading squad.
He was a student at the University of Georgia on September 11 of
2001. And when our country was attacked on that day, he made the
decision that he wanted to join the ROTC unit and become an Army
officer. The story goes that he went over to the ROTC Department and he
said, I'd like to join the ROTC. And he was asked, well, what class
level are you in? And he said, I'm a senior. And the response was,
Well, you've just waited too late. You can't join the ROTC in your
senior year. And he said, Is there no way that that can happen? And
they said, Well, you would have to be an outstanding scholar and you
would have to be an outstanding athlete in order to be able to put all
the things together here in your senior year. It's told that Noah
Harris sort of smiled and said, Well, I am a Presidential scholar,
attending the University of Georgia on a Presidential scholar
scholarship. And I am the captain of the football cheerleading squad.
And needless to say, he met all of those requirements, he was
commissioned, and he served our country in Iraq.
{time} 1745
While he was serving in Iraq, he e-mailed me and he said this, ``Each
day I patrol the street and stop and talk to the people. They are
thankful that we're here and for what we are doing. Though the process
is slow, each day, the Iraqi police and the Iraqi army are becoming
better able to protect and defend the citizens of Iraq. Through the
efforts and perseverance of both the United States and Iraq, peace will
prevail. Please pass on my thanks to your staff and the rest of the
individuals in Washington that support the cause of freedom for our
Nation and the world.''
I attended Noah Harris' funeral, one of the saddest and yet at the
same time one of the greatest celebrations that I have ever attended.
His life is a reminder that it really doesn't matter how long you live,
it's how you live. Noah Harris is a role model for young people who
follow behind him. He is an inspiration for all of us who knew him and
for those who will learn about him as the story of his life has now
been compiled in a book put together by his parents, Lucy and Rick
Harris, and contains the remembrances of people who knew Noah Harris.
He will also have a continuing legacy of hope, dedication and courage.
A scholarship has been founded at the University of Georgia in his
memory, and it will continue his tradition.
Madam Speaker, First Lieutenant Noah Harris was indeed a true
American hero. I am proud today to rise and pay attribute to him and to
have the honor of joining with the constituents from the community in
which he grew up in naming the local post office the First Lieutenant
Noah Harris Ellijay Post Office.
Madam Speaker, I include for the Record a copy of a letter from Mr.
Jerry Farist, the chairman of the Gilmer County Board of Commissioners,
supporting that this post office be named in honor of First Lieutenant
Noah Harris.
I appreciate the time, and I think indeed these are the kind of
moments that symbolize what makes our country great.
Gilmer County Board of
Commissioners,
September 12, 2008.
Re Request to name the Ellijay Post Office after 1st LT. Noah
Harris.
Ms. Gail Musselwhite,
Office of Congressman Nathan Deal,
P.O. Box 1015, Gainsville, GA.
To Whom It May Concern: As Chairman of the Gilmer County
Board of Commissioners I speak for my fellow commissioners
and the citizens of Gilmer County by saying that we take
great pride in our hometown boy, LT.
[[Page 21054]]
Noah Harris. He paid the ultimate price for his patriotism
and we sincerely thank him for his service.
Per the request to rename the Ellijay Post Office, ``1st
LT. Noah Harris United States Post Office'', the Gilmer
County Board of Commissioners would like to go on record as
having no objection to this action. If further information is
necessary please feel free to contact me.
Sincerely,
Jerry Farist, Chairman,
Gilmer County Commissioners.
Mr. TOWNS. Madam Speaker, let me join my colleague in saying that it
is also important that we recognize people that do outstanding things.
And, of course, even at a young age, he was able to accomplish quite a
bit. To name a post office in his honor I think is a great thing to do.
I want to commend Congressman Deal and the entire Georgia delegation
for taking the time to name a post office in honor of this young
lieutenant.
Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New York (Mr. Towns) that the House suspend the rules
and pass the bill, H.R. 6847.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. DUNCAN. Madam Speaker, I object to the vote on the ground that a
quorum is not present and make the point of order that a quorum is not
present.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
The point of no quorum is considered withdrawn.
____________________
PROVIDING FOR AGREEMENT BY HOUSE WITH AMENDMENT TO SENATE AMENDMENT TO
H.R. 2095, RAIL SAFETY IMPROVEMENT ACT OF 2008
Mr. OBERSTAR. Madam Speaker, I move to suspend the rules and agree to
the resolution (H. Res. 1492) providing for agreement by the House of
Representatives to the Senate amendment to the bill, H.R. 2095, with an
amendment.
The Clerk read the title of the resolution.
The text of the resolution is as follows:
H. Res. 1492
Resolved, That upon the adoption of this resolution the
bill (H.R. 2095) entitled ``An Act to amend title 49, United
States Code, to prevent railroad fatalities, injuries, and
hazardous materials releases, to authorize the Federal
Railroad Safety Administration, and for other purposes.'',
with the Senate amendment thereto, shall be considered to
have been taken from the Speaker's table to the end that the
Senate amendment thereto be, and the same are hereby, agreed
to with the following amendment: Strike all after the
enacting clause and insert the following:
DIVISION A--RAIL SAFETY
SEC. 1. SHORT TITLE; TABLE OF CONTENTS; AMENDMENT OF TITLE
49.
(a) Short Title.--This division may be cited as the ``Rail
Safety Improvement Act of 2008''.
(b) Table of Contents.--The table of contents for this
division is as follows:
Sec. 1. Short title; table of contents; amendment of title 49.
Sec. 2. Definitions.
Sec. 3. Authorization of appropriations.
TITLE I--RAILROAD SAFETY IMPROVEMENTS
Sec. 101. Federal Railroad Administration officers and duties.
Sec. 102. Railroad safety strategy.
Sec. 103. Railroad safety risk reduction program.
Sec. 104. Implementation of positive train control.
Sec. 105. Railroad safety technology grants.
Sec. 106. Reports on statutory mandates and recommendations.
Sec. 107. Rulemaking process.
Sec. 108. Hours-of-service reform.
Sec. 109. Protection of railroad safety risk analyses information.
Sec. 110. Pilot projects.
TITLE II--HIGHWAY-RAIL GRADE CROSSING AND PEDESTRIAN SAFETY AND
TRESPASSER PREVENTION
Sec. 201. Pedestrian crossing safety.
Sec. 202. State action plans.
Sec. 203. Improvements to sight distance at highway-rail grade
crossings.
Sec. 204. National crossing inventory.
Sec. 205. Telephone number to report grade crossing problems.
Sec. 206. Operation Lifesaver.
Sec. 207. Federal grants to States for highway-rail grade crossing
safety.
Sec. 208. Trespasser prevention and highway-rail grade crossing safety.
Sec. 209. Accident and incident reporting.
Sec. 210. Fostering introduction of new technology to improve safety at
highway-rail grade crossings.
TITLE III--FEDERAL RAILROAD ADMINISTRATION
Sec. 301. Human capital increases.
Sec. 302. Civil penalty increases.
Sec. 303. Enforcement report.
Sec. 304. Expansion of emergency order authority.
Sec. 305. Prohibition of individuals from performing safety-sensitive
functions for a violation of hazardous materials
transportation law.
Sec. 306. Railroad radio monitoring authority.
Sec. 307. Update of Federal Railroad Administration's website.
Sec. 308. Emergency waivers.
Sec. 309. Enforcement by the Attorney General.
Sec. 310. Criminal penalties.
TITLE IV--RAILROAD SAFETY ENHANCEMENTS
Sec. 401. Minimum training standards and plans.
Sec. 402. Certification of certain crafts or classes of employees.
Sec. 403. Track inspection time study.
Sec. 404. Study of methods to improve or correct station platform gaps.
Sec. 405. Locomotive cab studies.
Sec. 406. Development and use of rail safety technology.
Sec. 407. Unified treatment of families of railroad carriers.
Sec. 408. Study of repeal of Conrail provision.
Sec. 409. Limitations on non-Federal alcohol and drug testing by
railroad carriers.
Sec. 410. Critical incident stress plan.
Sec. 411. Railroad carrier employee exposure to radiation study.
Sec. 412. Alcohol and controlled substance testing for maintenance-of-
way employees.
Sec. 413. Emergency escape breathing apparatus.
Sec. 414. Tunnel information.
Sec. 415. Museum locomotive study.
Sec. 416. Safety inspections in Mexico.
Sec. 417. Railroad bridge safety assurance.
Sec. 418. Railroad safety infrastructure improvement grants.
Sec. 419. Prompt medical attention.
Sec. 420. Employee sleeping quarters.
TITLE V--RAIL PASSENGER DISASTER FAMILY ASSISTANCE
Sec. 501. Assistance by National Transportation Safety Board to
families of passengers involved in rail passenger
accidents.
Sec. 502. Rail passenger carrier plan to assist families of passengers
involved in rail passenger accidents.
Sec. 503. Establishment of task force.
TITLE VI--CLARIFICATION OF FEDERAL JURISDICTION OVER SOLID WASTE
FACILITIES
Sec. 601. Short title.
Sec. 602. Clarification of general jurisdiction over solid waste
transfer facilities.
Sec. 603. Regulation of solid waste rail transfer facilities.
Sec. 604. Solid waste rail transfer facility land-use exemption
authority.
Sec. 605. Effect on other statutes and authorities.
TITLE VII--TECHNICAL CORRECTIONS
Sec. 701. Technical corrections.
(c) Amendment of Title 49.--Except as otherwise expressly
provided, whenever in this division an amendment or repeal is
expressed in terms of an amendment to, or a repeal of, a
section or other provision, the reference shall be considered
to be made to a section or other provision of title 49,
United States Code.
SEC. 2. DEFINITIONS.
(a) In General.--In this division:
(1) Crossing.--The term ``crossing'' means a location
within a State, other than a location where one or more
railroad tracks cross one or more railroad tracks at grade
where--
(A) a public highway, road, or street, or a private
roadway, including associated sidewalks and pathways, crosses
one or more railroad tracks either at grade or grade-
separated; or
(B) a pathway explicitly authorized by a public authority
or a railroad carrier that is dedicated for the use of
nonvehicular traffic, including pedestrians, bicyclists, and
others, that is not associated with a public highway, road,
or street, or a private roadway, crosses one or more railroad
tracks either at grade or grade-separated.
(2) Department.--The term ``Department'' means the
Department of Transportation.
(3) Railroad.--The term ``railroad'' has the meaning given
that term by section 20102 of title 49, United States Code.
(4) Railroad carrier.--The term ``railroad carrier'' has
the meaning given that term by section 20102 of title 49,
United States Code.
[[Page 21055]]
(5) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(6) State.--The term ``State'' means a State of the United
States, the District of Columbia, or the Commonwealth of
Puerto Rico.
(b) In Title 49.--Section 20102 is amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively;
(2) by inserting before paragraph (2), as redesignated, the
following:
``(1) `Class I railroad', `Class II railroad', and `Class
III railroad' mean railroad carriers that have annual carrier
operating revenues that meet the threshold amount for Class I
carriers, Class II carriers, and Class III carriers,
respectively, as determined by the Surface Transportation
Board under section 1201.1-1 of title 49, Code of Federal
Regulations.''; and
(3) by adding at the end thereof the following:
``(4) `safety-related railroad employee' means--
``(A) a railroad employee who is subject to chapter 211;
``(B) another operating railroad employee who is not
subject to chapter 211;
``(C) an employee who maintains the right of way of a
railroad;
``(D) an employee of a railroad carrier who is a hazmat
employee as defined in section 5102(3) of this title;
``(E) an employee who inspects, repairs, or maintains
locomotives, passenger cars, or freight cars; and
``(F) any other employee of a railroad carrier who directly
affects railroad safety, as determined by the Secretary.''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
Section 20117(a) of title 49, United States Code, is
amended to read as follows:
``(a) In General.--(1) There are authorized to be
appropriated to the Secretary of Transportation to carry out
this part and to carry out responsibilities under chapter 51
as delegated or authorized by the Secretary--
``(A) $225,000,000 for fiscal year 2009;
``(B) $245,000,000 for fiscal year 2010;
``(C) $266,000,000 for fiscal year 2011;
``(D) $289,000,000 for fiscal year 2012; and
``(E) $293,000,000 for fiscal year 2013.
``(2) With amounts appropriated pursuant to paragraph (1),
the Secretary shall purchase Gage Restraint Measurement
System vehicles and track geometry vehicles or other
comparable technology as needed to assess track safety
consistent with the results of the track inspection study
required by section 403 of the Rail Safety Improvement Act of
2008.
``(3) There are authorized to be appropriated to the
Secretary $18,000,000 for the period encompassing fiscal
years 2009 through 2013 to design, develop, and construct the
Facility for Underground Rail Station and Tunnel at the
Transportation Technology Center in Pueblo, Colorado. The
facility shall be used to test and evaluate the
vulnerabilities of above-ground and underground rail tunnels
to prevent accidents and incidents in such tunnels, to
mitigate and remediate the consequences of any such accidents
or incidents, and to provide a realistic scenario for
training emergency responders.
``(4) Such sums as may be necessary from the amount
appropriated pursuant to paragraph (1) for each of the fiscal
years 2009 through 2013 shall be made available to the
Secretary for personnel in regional offices and in
Washington, D.C., whose duties primarily involve rail
security.''.
TITLE I--RAILROAD SAFETY IMPROVEMENTS
SEC. 101. FEDERAL RAILROAD ADMINISTRATION OFFICERS AND
DUTIES.
Section 103 is amended by striking subsections (b) through
(e) and inserting the following:
``(c) Safety as Highest Priority.--In carrying out its
duties, the Administration shall consider the assignment and
maintenance of safety as the highest priority, recognizing
the clear intent, encouragement, and dedication of Congress
to the furtherance of the highest degree of safety in
railroad transportation.
``(d) Administrator.--The head of the Administration shall
be the Administrator who shall be appointed by the President,
by and with the advice and consent of the Senate, and shall
be an individual with professional experience in railroad
safety, hazardous materials safety, or other transportation
safety. The Administrator shall report directly to the
Secretary of Transportation.
``(e) Deputy Administrator.--The Administration shall have
a Deputy Administrator who shall be appointed by the
Secretary. The Deputy Administrator shall carry out duties
and powers prescribed by the Administrator.
``(f) Chief Safety Officer.--The Administration shall have
an Associate Administrator for Railroad Safety appointed in
the career service by the Secretary. The Associate
Administrator shall be the Chief Safety Officer of the
Administration. The Associate Administrator shall carry out
the duties and powers prescribed by the Administrator.
``(g) Duties and Powers of the Administrator.--The
Administrator shall carry out--
``(1) duties and powers related to railroad safety vested
in the Secretary by section 20134(c) and chapters 203 through
211 of this title, and by chapter 213 of this title for
carrying out chapters 203 through 211;
``(2) the duties and powers related to railroad policy and
development under subsection (j); and
``(3) other duties and powers prescribed by the Secretary.
``(h) Limitation.--A duty or power specified in subsection
(g)(1) may be transferred to another part of the Department
of Transportation or another Federal Government entity only
when specifically provided by law. A decision of the
Administrator in carrying out the duties or powers of the
Administration and involving notice and hearing required by
law is administratively final.
``(i) Authorities.--Subject to the provisions of subtitle I
of title 40 and title III of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 251 et seq.),
the Secretary of Transportation may make, enter into, and
perform such contracts, grants, leases, cooperative
agreements, and other similar transactions with Federal or
other public agencies (including State and local governments)
and private organizations and persons, and make such
payments, by way of advance or reimbursement, as the
Secretary may determine to be necessary or appropriate to
carry out functions at the Administration. The authority of
the Secretary granted by this subsection shall be carried out
by the Administrator. Notwithstanding any other provision of
this chapter, no authority to enter into contracts or to make
payments under this subsection shall be effective, except as
provided for in appropriations Acts.''.
SEC. 102. RAILROAD SAFETY STRATEGY.
(a) Safety Goals.--In conjunction with existing federally-
required and voluntary strategic planning efforts ongoing at
the Department and the Federal Railroad Administration as of
the date of enactment of this Act, the Secretary shall
develop a long-term strategy for improving railroad safety to
cover a period of not less than 5 years. The strategy shall
include an annual plan and schedule for achieving, at a
minimum, the following goals:
(1) Reducing the number and rates of accidents, incidents,
injuries, and fatalities involving railroads including train
collisions, derailments, and human factors.
(2) Improving the consistency and effectiveness of
enforcement and compliance programs.
(3) Improving the identification of high-risk highway-rail
grade crossings and strengthening enforcement and other
methods to increase grade crossing safety.
(4) Improving research efforts to enhance and promote
railroad safety and performance.
(5) Preventing railroad trespasser accidents, incidents,
injuries, and fatalities.
(6) Improving the safety of railroad bridges, tunnels, and
related infrastructure to prevent accidents, incidents,
injuries, and fatalities caused by catastrophic failures and
other bridge and tunnel failures.
(b) Resource Needs.--The strategy and annual plan shall
include estimates of the funds and staff resources needed to
accomplish the goals established by subsection (a). Such
estimates shall also include the staff skills and training
required for timely and effective accomplishment of each such
goal.
(c) Submission With the President's Budget.--The Secretary
shall submit the strategy and annual plan to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and
Infrastructure at the same time as the President's budget
submission.
(d) Achievement of Goals.--
(1) Progress assessment.--No less frequently than annually,
the Secretary shall assess the progress of the Department
toward achieving the strategic goals described in subsection
(a). The Secretary shall identify any deficiencies in
achieving the goals within the strategy and develop and
institute measures to remediate such deficiencies. The
Secretary and the Administrator shall convey their assessment
to the employees of the Federal Railroad Administration and
shall identify any deficiencies that should be remediated
before the next progress assessment.
(2) Report to congress.--Beginning in 2009, not later than
November 1 of each year, the Secretary shall transmit a
report to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure on the performance of the
Federal Railroad Administration containing the progress
assessment required by paragraph (1) toward achieving the
goals of the railroad safety strategy and annual plans under
subsection (a).
SEC. 103. RAILROAD SAFETY RISK REDUCTION PROGRAM.
(a) In General.--Subchapter II of chapter 201 is amended by
adding at end thereof the following:
``Sec. 20156. Railroad safety risk reduction program
``(a) In General.--
``(1) Program requirement.--Not later than 4 years after
the date of enactment of the Rail Safety Improvement Act of
2008, the Secretary of Transportation, by regulation,
[[Page 21056]]
shall require each railroad carrier that is a Class I
railroad, a railroad carrier that has inadequate safety
performance (as determined by the Secretary), or a railroad
carrier that provides intercity rail passenger or commuter
rail passenger transportation--
``(A) to develop a railroad safety risk reduction program
under subsection (d) that systematically evaluates railroad
safety risks on its system and manages those risks in order
to reduce the numbers and rates of railroad accidents,
incidents, injuries, and fatalities;
``(B) to submit its program, including any required plans,
to the Secretary for review and approval; and
``(C) to implement the program and plans approved by the
Secretary.
``(2) Reliance on pilot program.--The Secretary may conduct
behavior-based safety and other research, including pilot
programs, before promulgating regulations under this
subsection and thereafter. The Secretary shall use any
information and experience gathered through such research and
pilot programs under this subsection in developing
regulations under this section.
``(3) Review and approval.--The Secretary shall review and
approve or disapprove railroad safety risk reduction program
plans within a reasonable period of time. If the proposed
plan is not approved, the Secretary shall notify the affected
railroad carrier as to the specific areas in which the
proposed plan is deficient, and the railroad carrier shall
correct all deficiencies within a reasonable period of time
following receipt of written notice from the Secretary. The
Secretary shall annually conduct a review to ensure that the
railroad carriers are complying with their plans.
``(4) Voluntary compliance.--A railroad carrier that is not
required to submit a railroad safety risk reduction program
under this section may voluntarily submit a program that
meets the requirements of this section to the Secretary. The
Secretary shall approve or disapprove any program submitted
under this paragraph.
``(b) Certification.--The chief official responsible for
safety of each railroad carrier required to submit a railroad
safety risk reduction program under subsection (a) shall
certify that the contents of the program are accurate and
that the railroad carrier will implement the contents of the
program as approved by the Secretary.
``(c) Risk Analysis.--In developing its railroad safety
risk reduction program each railroad carrier required to
submit such a program pursuant to subsection (a) shall
identify and analyze the aspects of its railroad, including
operating rules and practices, infrastructure, equipment,
employee levels and schedules, safety culture, management
structure, employee training, and other matters, including
those not covered by railroad safety regulations or other
Federal regulations, that impact railroad safety.
``(d) Program Elements.--
``(1) In general.--Each railroad carrier required to submit
a railroad safety risk reduction program under subsection (a)
shall develop a comprehensive safety risk reduction program
to improve safety by reducing the number and rates of
accidents, incidents, injuries, and fatalities that is based
on the risk analysis required by subsection (c) through--
``(A) the mitigation of aspects that increase risks to
railroad safety; and
``(B) the enhancement of aspects that decrease risks to
railroad safety.
``(2) Required components.--Each railroad carrier's safety
risk reduction program shall include a risk mitigation plan
in accordance with this section, a technology implementation
plan that meets the requirements of subsection (e), and a
fatigue management plan that meets the requirements of
subsection (f).
``(e) Technology Implementation Plan.--
``(1) In general.--As part of its railroad safety risk
reduction program, a railroad carrier required to submit a
railroad safety risk reduction program under subsection (a)
shall develop, and periodically update as necessary, a 10-
year technology implementation plan that describes the
railroad carrier's plan for development, adoption,
implementation, maintenance, and use of current, new, or
novel technologies on its system over a 10-year period to
reduce safety risks identified under the railroad safety risk
reduction program. Any updates to the plan are subject to
review and approval by the Secretary.
``(2) Technology analysis.--A railroad carrier's technology
implementation plan shall include an analysis of the safety
impact, feasibility, and cost and benefits of implementing
technologies, including processor-based technologies,
positive train control systems (as defined in section
20157(i)), electronically controlled pneumatic brakes, rail
integrity inspection systems, rail integrity warning systems,
switch position monitors and indicators, trespasser
prevention technology, highway-rail grade crossing
technology, and other new or novel railroad safety
technology, as appropriate, that may mitigate risks to
railroad safety identified in the risk analysis required by
subsection (c).
``(3) Implementation schedule.--A railroad carrier's
technology implementation plan shall contain a prioritized
implementation schedule for the development, adoption,
implementation, and use of current, new, or novel
technologies on its system to reduce safety risks identified
under the railroad safety risk reduction program.
``(4) Positive train control.--Except as required by
section 20157 (relating to the requirements for
implementation of positive train control systems), the
Secretary shall ensure that--
``(A) each railroad carrier's technology implementation
plan required under paragraph (1) that includes a schedule
for implementation of a positive train control system
complies with that schedule; and
``(B) each railroad carrier required to submit such a plan
implements a positive train control system pursuant to such
plan by December 31, 2018.
``(f) Fatigue Management Plan.--
``(1) In general.--As part of its railroad safety risk
reduction program, a railroad carrier required to submit a
railroad safety risk reduction program under subsection (a)
shall develop and update at least once every 2 years a
fatigue management plan that is designed to reduce the
fatigue experienced by safety-related railroad employees and
to reduce the likelihood of accidents, incidents, injuries,
and fatalities caused by fatigue. Any such update shall be
subject to review and approval by the Secretary.
``(2) Targeted fatigue countermeasures.--A railroad
carrier's fatigue management plan shall take into account the
varying circumstances of operations by the railroad on
different parts of its system, and shall prescribe
appropriate fatigue countermeasures to address those varying
circumstances.
``(3) Additional elements.--A railroad shall consider the
need to include in its fatigue management plan elements
addressing each of the following items, as applicable:
``(A) Employee education and training on the physiological
and human factors that affect fatigue, as well as strategies
to reduce or mitigate the effects of fatigue, based on the
most current scientific and medical research and literature.
``(B) Opportunities for identification, diagnosis, and
treatment of any medical condition that may affect alertness
or fatigue, including sleep disorders.
``(C) Effects on employee fatigue of an employee's short-
term or sustained response to emergency situations, such as
derailments and natural disasters, or engagement in other
intensive working conditions.
``(D) Scheduling practices for employees, including
innovative scheduling practices, on-duty call practices, work
and rest cycles, increased consecutive days off for
employees, changes in shift patterns, appropriate scheduling
practices for varying types of work, and other aspects of
employee scheduling that would reduce employee fatigue and
cumulative sleep loss.
``(E) Methods to minimize accidents and incidents that
occur as a result of working at times when scientific and
medical research have shown increased fatigue disrupts
employees' circadian rhythm.
``(F) Alertness strategies, such as policies on napping, to
address acute drowsiness and fatigue while an employee is on
duty.
``(G) Opportunities to obtain restful sleep at lodging
facilities, including employee sleeping quarters provided by
the railroad carrier.
``(H) The increase of the number of consecutive hours of
off-duty rest, during which an employee receives no
communication from the employing railroad carrier or its
managers, supervisors, officers, or agents.
``(I) Avoidance of abrupt changes in rest cycles for
employees.
``(J) Additional elements that the Secretary considers
appropriate.
``(g) Consensus.--
``(1) In general.--Each railroad carrier required to submit
a railroad safety risk reduction program under subsection (a)
shall consult with, employ good faith and use its best
efforts to reach agreement with, all of its directly affected
employees, including any non-profit employee labor
organization representing a class or craft of directly
affected employees of the railroad carrier, on the contents
of the safety risk reduction program.
``(2) Statement.--If the railroad carrier and its directly
affected employees, including any nonprofit employee labor
organization representing a class or craft of directly
affected employees of the railroad carrier, cannot reach
consensus on the proposed contents of the plan, then directly
affected employees and such organization may file a statement
with the Secretary explaining their views on the plan on
which consensus was not reached. The Secretary shall consider
such views during review and approval of the program.
``(h) Enforcement.--The Secretary shall have the authority
to assess civil penalties pursuant to chapter 213 for a
violation of this section, including the failure to submit,
certify, or comply with a safety risk reduction program, risk
mitigation plan, technology implementation plan, or fatigue
management plan.''.
(b) Conforming Amendment.--The chapter analysis for chapter
201 is amended by inserting after the item relating to
section 20155 the following:
``20156. Railroad safety risk reduction program.''.
[[Page 21057]]
SEC. 104. IMPLEMENTATION OF POSITIVE TRAIN CONTROL.
(a) In General.--Subchapter II of chapter 201, as amended
by section 103 of this division, is further amended by adding
at the end thereof the following:
``Sec. 20157. Implementation of positive train control
systems
``(a) In General.--
``(1) Plan required.--Not later than 18 months after the
date of enactment of the Rail Safety Improvement Act of 2008,
each Class I railroad carrier and each entity providing
regularly scheduled intercity or commuter rail passenger
transportation shall develop and submit to the Secretary of
Transportation a plan for implementing a positive train
control system by December 31, 2015, governing operations
on--
``(A) its main line over which intercity rail passenger
transportation or commuter rail passenger transportation, as
defined in section 24102, is regularly provided;
``(B) its main line over which poison- or toxic-by-
inhalation hazardous materials, as defined in parts 171.8,
173.115, and 173.132 of title 49, Code of Federal
Regulations, are transported; and
``(C) such other tracks as the Secretary may prescribe by
regulation or order.
``(2) Implementation.--The plan shall describe how it will
provide for interoperability of the system with movements of
trains of other railroad carriers over its lines and shall,
to the extent practical, implement the system in a manner
that addresses areas of greater risk before areas of lesser
risk. The railroad carrier shall implement a positive train
control system in accordance with the plan.
``(b) Technical Assistance.--The Secretary may provide
technical assistance and guidance to railroad carriers in
developing the plans required under subsection (a).
``(c) Review and Approval.--Not later than 90 days after
the Secretary receives a plan, the Secretary shall review and
approve or disapprove it. If the proposed plan is not
approved, the Secretary shall notify the affected railroad
carrier or other entity as to the specific areas in which the
proposed plan is deficient, and the railroad carrier or other
entity shall correct all deficiencies within 30 days
following receipt of written notice from the Secretary. The
Secretary shall annually conduct a review to ensure that the
railroad carriers are complying with their plans.
``(d) Report.--Not later than December 31, 2012, the
Secretary shall transmit a report to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the progress of the railroad
carriers in implementing such positive train control systems.
``(e) Enforcement.--The Secretary is authorized to assess
civil penalties pursuant to chapter 213 for a violation of
this section, including the failure to submit or comply with
a plan for implementing positive train control under
subsection (a).
``(f) Other Railroad Carriers.--Nothing in this section
restricts the discretion of the Secretary to require railroad
carriers other than those specified in subsection (a) to
implement a positive train control system pursuant to this
section or section 20156, or to specify the period by which
implementation shall occur that does not exceed the time
limits established in this section or section 20156. In
exercising such discretion, the Secretary shall, at a
minimum, consider the risk to railroad employees and the
public associated with the operations of the railroad
carrier.
``(g) Regulations.--The Secretary shall prescribe
regulations or issue orders necessary to implement this
section, including regulations specifying in appropriate
technical detail the essential functionalities of positive
train control systems, and the means by which those systems
will be qualified.
``(h) Certification.--The Secretary shall not permit the
installation of any positive train control system or
component in revenue service unless the Secretary has
certified that any such system or component has been approved
through the approval process set forth in part 236 of title
49, Code of Federal Regulations, and complies with the
requirements of that part.
``(i) Definitions.--In this section:
``(1) Interoperability.--The term `interoperability' means
the ability to control locomotives of the host railroad and
tenant railroad to communicate with and respond to the
positive train control system, including uninterrupted
movements over property boundaries.
``(2) Main line.--The term `main line' means a segment or
route of railroad tracks over which 5,000,000 or more gross
tons of railroad traffic is transported annually, except
that--
``(A) the Secretary may, through regulations under
subsection (g), designate additional tracks as main line as
appropriate for this section; and
``(B) for intercity rail passenger transportation or
commuter rail passenger transportation routes or segments
over which limited or no freight railroad operations occur,
the Secretary shall define the term `main line' by
regulation.
``(3) Positive train control system.--The term `positive
train control system' means a system designed to prevent
train-to-train collisions, over-speed derailments, incursions
into established work zone limits, and the movement of a
train through a switch left in the wrong position.''.
(b) Conforming Amendment.--The chapter analysis for chapter
201, as amended by section 103 of this division, is amended
by inserting after the item relating to section 20156 the
following:
``20157. Implementation of positive train control systems.''.
SEC. 105. RAILROAD SAFETY TECHNOLOGY GRANTS.
(a) In General.--Subchapter II of chapter 201, as amended
by section 104 of this division, is further amended by adding
at the end thereof the following:
``Sec. 20158. Railroad safety technology grants
``(a) Grant Program.--The Secretary of Transportation shall
establish a grant program for the deployment of train control
technologies, train control component technologies,
processor-based technologies, electronically controlled
pneumatic brakes, rail integrity inspection systems, rail
integrity warning systems, switch position indicators and
monitors, remote control power switch technologies, track
integrity circuit technologies, and other new or novel
railroad safety technology.
``(b) Grant Criteria.--
``(1) Eligibility.--Grants shall be made under this section
to eligible passenger and freight railroad carriers, railroad
suppliers, and State and local governments for projects
described in subsection (a) that have a public benefit of
improved safety and network efficiency.
``(2) Considerations.--Priority shall be given to projects
that--
``(A) focus on making technologies interoperable between
railroad systems, such as train control technologies;
``(B) accelerate train control technology deployment on
high-risk corridors, such as those that have high volumes of
hazardous materials shipments or over which commuter or
passenger trains operate; or
``(C) benefit both passenger and freight safety and
efficiency.
``(3) Implementation plans.--Grants may not be awarded
under this section to entities that fail to develop and
submit to the Secretary the plans required by sections
20156(e)(2) and 20157.
``(4) Matching requirements.--Federal funds for any
eligible project under this section shall not exceed 80
percent of the total cost of such project.
``(c) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary of
Transportation $50,000,000 for each of fiscal years 2009
through 2013 to carry out this section. Amounts appropriated
pursuant to this section shall remain available until
expended.''.
(b) Conforming Amendment.--The chapter analysis for chapter
201, as amended by section 104 of this division, is further
amended by inserting after the item relating to section 20157
the following:
``20158. Railroad safety technology grants.''.
SEC. 106. REPORTS ON STATUTORY MANDATES AND RECOMMENDATIONS.
Not later than December 31, 2008, and annually thereafter,
the Secretary shall transmit a report to the House of
Representatives Committee on Transportation and
Infrastructure and the Senate Committee on Commerce, Science,
and Transportation on the specific actions taken to implement
unmet statutory mandates regarding railroad safety and each
open railroad safety recommendation made by the National
Transportation Safety Board or the Department's Inspector
General.
SEC. 107. RULEMAKING PROCESS.
(a) Amendment.--Subchapter I of chapter 201 is amended by
inserting after section 20115 the following new section:
``Sec. 20116. Rulemaking process
``No rule or order issued by the Secretary under this part
shall be effective if it incorporates by reference a code,
rule, standard, requirement, or practice issued by an
association or other entity that is not an agency of the
Federal Government, unless the date on which the code, rule,
standard, requirement, or practice was adopted is
specifically cited in the rule or order, or the code, rule,
standard, requirement, or practice has been subject to notice
and comment under a rule or order issued under this part.''.
(b) Conforming Amendment.--The chapter analysis for chapter
201 is amended by inserting after the item relating to
section 20115 the following:
``20116. Rulemaking process.''.
SEC. 108. HOURS-OF-SERVICE REFORM.
(a) Change in Definition of Signal Employee.--Section
21101(4) is amended by striking ``employed by a railroad
carrier''.
(b) Limitation on Duty Hours of Train Employees.--Section
21103 is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--Except as provided in subsection (d) of
this section, a railroad carrier and its officers and agents
may not require or allow a train employee to--
``(1) remain on duty, go on duty, wait for deadhead
transportation, be in deadhead transportation from a duty
assignment to
[[Page 21058]]
the place of final release, or be in any other mandatory
service for the carrier in any calendar month where the
employee has spent a total of 276 hours--
``(A) on duty;
``(B) waiting for deadhead transportation, or in deadhead
transportation from a duty assignment to the place of final
release; or
``(C) in any other mandatory service for the carrier;
``(2) remain or go on duty for a period in excess of 12
consecutive hours;
``(3) remain or go on duty unless that employee has had at
least 10 consecutive hours off duty during the prior 24
hours; or
``(4) remain or go on duty after that employee has
initiated an on-duty period each day for--
``(A) 6 consecutive days, unless that employee has had at
least 48 consecutive hours off duty at the employee's home
terminal during which time the employee is unavailable for
any service for any railroad carrier except that--
``(i) an employee may work a seventh consecutive day if
that employee completed his or her final period of on-duty
time on his or her sixth consecutive day at a terminal other
than his or her home terminal; and
``(ii) any employee who works a seventh consecutive day
pursuant to subparagraph (i) shall have at least 72
consecutive hours off duty at the employee's home terminal
during which time the employee is unavailable for any service
for any railroad carrier; or
``(B) except as provided in subparagraph (A), 7 consecutive
days, unless that employee has had at least 72 consecutive
hours off duty at the employee's home terminal during which
time the employee is unavailable for any service for any
railroad carrier, if--
``(i) for a period of 18 months following the date of
enactment of the Rail Safety Improvement Act of 2008, an
existing collective bargaining agreement expressly provides
for such a schedule or, following the expiration of 18 months
after the date of enactment of the Rail Safety Improvement
Act of 2008, collective bargaining agreements entered into
during such period expressly provide for such a schedule;
``(ii) such a schedule is provided for by a pilot program
authorized by a collective bargaining agreement; or
``(iii) such a schedule is provided for by a pilot program
under section 21108 of this chapter related to employees'
work and rest cycles.
The Secretary may waive paragraph (4), consistent with the
procedural requirements of section 20103, if a collective
bargaining agreement provides a different arrangement and
such an arrangement is in the public interest and consistent
with railroad safety.'';
(2) by redesignating subsection (c) as subsection (d) and
inserting after subsection (b) the following:
``(c) Limbo Time Limitation and Additional Rest
Requirement.--
``(1) A railroad carrier may not require or allow an
employee--
``(A) to exceed a total of 40 hours per calendar month
spent--
``(i) waiting for deadhead transportation; or
``(ii) in deadhead transportation from a duty assignment to
the place of final release,
following a period of 12 consecutive hours on duty that is
neither time on duty nor time off duty, not including interim
rest periods, during the period from the date of enactment of
the Rail Safety Improvement Act of 2008 to one year after
such date of enactment; and
``(B) to exceed a total of 30 hours per calendar month
spent--
``(i) waiting for deadhead transportation; or
``(ii) in deadhead transportation from a duty assignment to
the place of final release,
following a period of 12 consecutive hours on duty that is
neither time on duty nor time off duty, not including interim
rest periods, during the period beginning one year after the
date of enactment of the Rail Safety Improvement Act of 2008
except that the Secretary may further limit the monthly
limitation pursuant to regulations prescribed under section
21109.
``(2) The limitations in paragraph (1) shall apply unless
the train carrying the employee is directly delayed by--
``(A) a casualty;
``(B) an accident;
``(C) an act of God;
``(D) a derailment;
``(E) a major equipment failure that prevents the train
from advancing; or
``(F) a delay resulting from a cause unknown and
unforeseeable to a railroad carrier or its officer or agent
in charge of the employee when the employee left a terminal.
``(3) Each railroad carrier shall report to the Secretary,
in accordance with procedures established by the Secretary,
each instance where an employee subject to this section
spends time waiting for deadhead transportation or in
deadhead transportation from a duty assignment to the place
of final release in excess of the requirements of paragraph
(1).
``(4) If--
``(A) the time spent waiting for deadhead transportation or
in deadhead transportation from a duty assignment to the
place of final release that is not time on duty, plus
``(B) the time on duty,
exceeds 12 consecutive hours, the railroad carrier and its
officers and agents shall provide the employee with
additional time off duty equal to the number of hours by
which such sum exceeds 12 hours.''; and
(3) by adding at the end thereof the following:
``(e) Communication During Time Off Duty.--During a train
employee's minimum off-duty period of 10 consecutive hours,
as provided under subsection (a) or during an interim period
of at least 4 consecutive hours available for rest under
subsection (b)(7) or during additional off-duty hours under
subsection (c)(4), a railroad carrier, and its officers and
agents, shall not communicate with the train employee by
telephone, by pager, or in any other manner that could
reasonably be expected to disrupt the employee's rest.
Nothing in this subsection shall prohibit communication
necessary to notify an employee of an emergency situation, as
defined by the Secretary. The Secretary may waive the
requirements of this paragraph for commuter or intercity
passenger railroads if the Secretary determines that such a
waiver will not reduce safety and is necessary to maintain
such railroads' efficient operations and on-time performance
of its trains.''.
(c) Limitation on Duty Hours of Signal Employees.--Section
21104 is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--Except as provided in subsection (c) of
this section, a railroad carrier and its officers and agents
may not require or allow its signal employees to remain or go
on duty and a contractor or subcontractor to a railroad
carrier and its officers and agents may not require or allow
its signal employees to remain or go on duty --
``(1) for a period in excess of 12 consecutive hours; or
``(2) unless that employee has had at least 10 consecutive
hours off duty during the prior 24 hours.'';
(2) by striking ``duty, except that up to one hour of that
time spent returning from the final trouble call of a period
of continuous or broken service is time off duty.'' in
subsection (b)(3) and inserting ``duty.'';
(3) by inserting ``A signal employee may not be allowed to
remain or go on duty under the emergency authority provided
under this subsection to conduct routine repairs, routine
maintenance, or routine inspection of signal systems.'' after
``service.'' in subsection (c); and
(4) by adding at the end the following:
``(d) Communication During Time Off Duty.--During a signal
employee's minimum off-duty period of 10 consecutive hours,
as provided under subsection (a), a railroad carrier or a
contractor or subcontractor to a railroad carrier, and its
officers and agents, shall not communicate with the signal
employee by telephone, by pager, or in any other manner that
could reasonably be expected to disrupt the employee's rest.
Nothing in this subsection shall prohibit communication
necessary to notify an employee of an emergency situation, as
defined by the Secretary.
``(e) Exclusivity.--The hours of service, duty hours, and
rest periods of signal employees shall be governed
exclusively by this chapter. Signal employees operating motor
vehicles shall not be subject to any hours of service rules,
duty hours or rest period rules promulgated by any Federal
authority, including the Federal Motor Carrier Safety
Administration, other than the Federal Railroad
Administration.''.
(d) Alternate Hours of Service Regime.--
(1) Application of hours of service regime.--Section 21102
is amended--
(A) by striking the section caption and inserting the
following:
``Sec. 21102. Nonapplication, exemption, and alternate hours
of service regime''; and
(B) by adding at the end thereof the following:
``(c) Application of Hours of Service Regime to Commuter
and Intercity Passenger Railroad Train Employees.--
``(1) When providing commuter rail passenger transportation
or intercity rail passenger transportation, the limitations
on duty hours for train employees of railroad carriers,
including public authorities operating passenger service,
shall be solely governed by old section 21103 until the
earlier of--
``(A) the effective date of regulations prescribed by the
Secretary under section 21109(b) of this chapter; or
``(B) the date that is 3 years following the date of
enactment of the Rail Safety Improvement Act of 2008.
``(2) After the date on which old section 21103 ceases to
apply, pursuant to paragraph (1), to the limitations on duty
hours for train employees of railroad carriers with respect
to the provision of commuter rail passenger transportation or
intercity rail passenger transportation, the limitations on
duty hours for train employees of such railroad carriers
shall be governed by new section 21103, except as provided in
paragraph (3).
``(3) After the effective date of the regulations
prescribed by the Secretary under section 21109(b) of this
title, such carriers shall--
``(A) comply with the limitations on duty hours for train
employees with respect to the
[[Page 21059]]
provision of commuter rail passenger transportation or
intercity rail passenger transportation as prescribed by such
regulations; and
``(B) be exempt from complying with the provisions of old
section 21103 and new section 21103 for such employees.
``(4) In this subsection:
``(A) The terms `commuter rail passenger transportation'
and `intercity rail passenger transportation' have the
meaning given those terms in section 24102 of this title.
``(C) The term `new section 21103' means section 21103 of
this chapter as amended by the Rail Safety Improvement Act of
2008.
``(D) The term `old section 21103' means section 21103 of
this chapter as it was in effect on the day before the
enactment of that Act.''.
(2) Conforming amendment.--The chapter analysis for chapter
211 is amended by striking the item relating to section 21102
and inserting the following:
``21102. Nonapplication, exemption, and alternate hours of service
regime.''.
(e) Regulatory Authority.--
(1) In general.--Chapter 211 is amended by adding at the
end thereof the following:
``Sec. 21109. Regulatory authority
``(a) In General.--In order to improve safety and reduce
employee fatigue, the Secretary may prescribe regulations--
``(1) to reduce the maximum hours an employee may be
required or allowed to go or remain on duty to a level less
than the level established under this chapter;
``(2) to increase the minimum hours an employee may be
required or allowed to rest to a level greater than the level
established under this chapter;
``(3) to limit or eliminate the amount of time an employee
spends waiting for deadhead transportation or in deadhead
transportation from a duty assignment to the place of final
release that is considered neither on duty nor off duty under
this chapter;
``(4) for signal employees--
``(A) to limit or eliminate the amount of time that is
considered to be neither on duty nor off duty under this
chapter that an employee spends returning from an outlying
worksite after scheduled duty hours or returning from a
trouble call to the employee's headquarters or directly to
the employee's residence; and
``(B) to increase the amount of time that constitutes a
release period, that does not break the continuity of service
and is considered time off duty; and
``(5) to require other changes to railroad operating and
scheduling practices, including unscheduled duty calls, that
could affect employee fatigue and railroad safety.
``(b) Regulations Governing the Hours of Service of Train
Employees of Commuter and Intercity Passenger Railroad
Carriers.--Within 3 years after the date of enactment of the
Rail Safety Improvement Act of 2008, the Secretary shall
prescribe regulations and issue orders to establish hours of
service requirements for train employees engaged in commuter
rail passenger transportation and intercity rail passenger
transportation (as defined in section 24102 of this title)
that may differ from the requirements of this chapter. Such
regulations and orders may address railroad operating and
scheduling practices, including unscheduled duty calls,
communications during time off duty, and time spent waiting
for deadhead transportation or in deadhead transportation
from a duty assignment to the place of final release, that
could affect employee fatigue and railroad safety.
``(c) Considerations.--In issuing regulations under
subsection (a) the Secretary shall consider scientific and
medical research related to fatigue and fatigue abatement,
railroad scheduling and operating practices that improve
safety or reduce employee fatigue, a railroad's use of new or
novel technology intended to reduce or eliminate human error,
the variations in freight and passenger railroad scheduling
practices and operating conditions, the variations in duties
and operating conditions for employees subject to this
chapter, a railroad's required or voluntary use of fatigue
management plans covering employees subject to this chapter,
and any other relevant factors.
``(d) Time Limits.--
``(1) If the Secretary determines that regulations are
necessary under subsection (a), the Secretary shall first
request that the Railroad Safety Advisory Committee develop
proposed regulations and, if the Committee accepts the task,
provide the Committee with a reasonable time period in which
to complete the task.
``(2) If the Secretary requests that the Railroad Safety
Advisory Committee accept the task of developing regulations
under subsection (b) and the Committee accepts the task, the
Committee shall reach consensus on the rulemaking within 18
months after accepting the task. If the Committee does not
reach consensus within 18 months after the Secretary makes
the request, the Secretary shall prescribe appropriate
regulations within 18 months.
``(3) If the Secretary does not request that the Railroad
Safety Advisory Committee accept the task of developing
regulations under subsection (b), the Secretary shall
prescribe regulations within 3 years after the date of
enactment of the Rail Safety Improvement Act of 2008.
``(e) Pilot Projects.--
``(1) In general.--Not later than 2 years after the date of
enactment of the Rail Safety Improvement Act of 2008, the
Secretary shall conduct at least 2 pilot projects of
sufficient size and scope to analyze specific practices which
may be used to reduce fatigue for train and engine and other
railroad employees as follows:
``(A) A pilot project at a railroad or railroad facility to
evaluate the efficacy of communicating to employees notice of
their assigned shift time 10 hours prior to the beginning of
their assigned shift as a method for reducing employee
fatigue.
``(B) A pilot project at a railroad or railroad facility to
evaluate the efficacy of requiring railroads who use employee
scheduling practices that subject employees to periods of
unscheduled duty calls to assign employees to defined or
specific unscheduled call shifts that are followed by shifts
not subject to call, as a method for reducing employee
fatigue.
``(2) Waiver.--The Secretary may temporarily waive the
requirements of this section, if necessary, to complete a
pilot project under this subsection.
``(f) Duty Call Defined.--In this section the term `duty
call' means a telephone call that a railroad places to an
employee to notify the employee of his or her assigned shift
time.''.
(2) Conforming amendments.--
(A) The chapter analysis for chapter 211 is amended by
adding at the end thereof the following:
``21109. Regulatory authority.''.
(B) The first sentence of section 21303(a)(1) is amended by
inserting ``including section 21103 (as such section was in
effect on the day before the date of enactment of the Rail
Safety Improvement Act of 2008),'' after ``this title,'' the
second place it appears.
(f) Record Keeping and Reporting.--
(1) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall prescribe a
regulation revising the requirements for recordkeeping and
reporting for Hours of Service of Railroad Employees
contained in part 228 of title 49, Code of Federal
Regulations--
(A) to adjust record keeping and reporting requirements to
support compliance with chapter 211 of title 49, United
States Code, as amended by this Act;
(B) to authorize electronic record keeping, and reporting
of excess service, consistent with appropriate considerations
for user interface; and
(C) to require training of affected employees and
supervisors, including training of employees in the entry of
hours of service data.
(2) Procedure.--In lieu of issuing a notice of proposed
rulemaking as contemplated by section 553 of title 5, United
States Code, the Secretary may utilize the Railroad Safety
Advisory Committee to assist in development of the
regulation. The Secretary may propose and adopt amendments to
the revised regulations thereafter as may be necessary in
light of experience under the revised requirements.
(g) Delay in Implementation of Duty Hours Limitation
Changes.--The amendments made by subsections (a), (b), and
(c) shall take effect 9 months after the date of enactment of
this Act.
SEC. 109. PROTECTION OF RAILROAD SAFETY RISK ANALYSES
INFORMATION.
(a) Amendment.--Subchapter I of chapter 201 is amended by
adding at the end thereof the following:
``Sec. 20118. Prohibition on public disclosure of railroad
safety analysis records
``(a) In General.--Except as necessary for the Secretary of
Transportation or another Federal agency to enforce or carry
out any provision of Federal law, any part of any record
(including, but not limited to, a railroad carrier's analysis
of its safety risks and its statement of the mitigation
measures it has identified with which to address those risks)
that the Secretary has obtained pursuant to a provision of,
or regulation or order under, this chapter related to the
establishment, implementation, or modification of a railroad
safety risk reduction program or pilot program is exempt from
the requirements of section 552 of title 5 if the record is--
``(1) supplied to the Secretary pursuant to that safety
risk reduction program or pilot program; or
``(2) made available for inspection and copying by an
officer, employee, or agent of the Secretary pursuant to that
safety risk reduction program or pilot program.
``(b) Exception.--Notwithstanding subsection (a), the
Secretary may disclose any part of any record comprised of
facts otherwise available to the public if, in the
Secretary's sole discretion, the Secretary determines that
disclosure would be consistent with the confidentiality
needed for that safety risk reduction program or pilot
program.
``(c) Discretionary Prohibition of Disclosure.--The
Secretary may prohibit the public disclosure of risk analyses
or risk mitigation analyses that the Secretary has obtained
under other provisions of, or regulations or orders under,
this chapter if the Secretary determines that the prohibition
of
[[Page 21060]]
public disclosure is necessary to promote railroad safety.
``Sec. 20119. Study on use of certain reports and surveys
``(a) Study.--The Federal Railroad Administration shall
complete a study to evaluate whether it is in the public
interest, including public safety and the legal rights of
persons injured in railroad accidents, to withhold from
discovery or admission into evidence in a Federal or State
court proceeding for damages involving personal injury or
wrongful death against a carrier any report, survey,
schedule, list, or data compiled or collected for the purpose
of evaluating, planning, or implementing a railroad safety
risk reduction program required under this chapter, including
a railroad carrier's analysis of its safety risks and its
statement of the mitigation measures with which it will
address those risks. In conducting this study, the Secretary
shall solicit input from the railroads, railroad non-profit
employee labor organizations, railroad accident victims and
their families, and the general public.
``(b) Authority.--Following completion of the study
required under subsection (a), the Secretary, if in the
public interest, including public safety and the legal rights
of persons injured in railroad accidents, may prescribe a
rule subject to notice and comment to address the results of
the study. Any such rule prescribed pursuant to this
subsection shall not become effective until 1 year after its
adoption.''.
(b) Conforming Amendment.--The chapter analysis for chapter
201 is amended by inserting after the item relating to
section 20117 the following:
``20118. Prohibition on public disclosure of railroad safety analysis
records.
``20119. Study on use of certain reports and surveys.''.
SEC. 110. PILOT PROJECTS.
Section 21108 is amended to read as follows:
``Sec. 21108. Pilot projects
``(a) In General.--As of the date of enactment of the Rail
Safety Improvement Act of 2008, a railroad carrier or
railroad carriers and all nonprofit employee labor
organizations representing any class or craft of directly
affected covered service employees of the railroad carrier or
railroad carriers, may jointly petition the Secretary of
Transportation for approval of--
``(1) a waiver of compliance with this chapter as in effect
on the date of enactment of the Rail Safety Improvement Act
of 2008; or
``(2) a waiver of compliance with this chapter as it will
be effective 9 months after the enactment of the Rail Safety
Improvement Act of 2008,
to enable the establishment of one or more pilot projects to
demonstrate the possible benefits of implementing
alternatives to the strict application of the requirements of
this chapter, including requirements concerning maximum on-
duty and minimum off-duty periods.
``(b) Granting of Waivers.--The Secretary may, after notice
and opportunity for comment, approve such waivers described
in subsection (a) for a period not to exceed two years, if
the Secretary determines that such a waiver of compliance is
in the public interest and is consistent with railroad
safety.
``(c) Extensions.--Any such waiver, based on a new
petition, may be extended for additional periods of up to two
years, after notice and opportunity for comment. An
explanation of any waiver granted under this section shall be
published in the Federal Register.
``(d) Report.--The Secretary of Transportation shall submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives, no later than
December 31, 2012, or, if no projects are completed prior to
December 31, 2012, no later than 6 months after the
completion of a pilot project, a report that--
``(1) explains and analyzes the effectiveness of any pilot
project established pursuant to a waiver granted under
subsection (a);
``(2) describes the status of all other waivers granted
under subsection (a) and their related pilot projects, if
any; and
``(3) recommends any appropriate legislative changes to
this chapter.
``(e) Definition.--For purposes of this section, the term
`directly affected covered service employees' means covered
service employees to whose hours of service the terms of the
waiver petitioned for specifically apply.''.
TITLE II--HIGHWAY-RAIL GRADE CROSSING AND PEDESTRIAN SAFETY AND
TRESPASSER PREVENTION
SEC. 201. PEDESTRIAN CROSSING SAFETY.
Not later than 1 year after the date of enactment of this
Act, the Secretary shall provide guidance to railroads on
strategies and methods to prevent pedestrian accidents,
incidents, injuries, and fatalities at or near passenger
stations, including--
(1) providing audible warning of approaching trains to the
pedestrians at railroad passenger stations;
(2) using signs, signals, or other visual devices to warn
pedestrians of approaching trains;
(3) installing infrastructure at pedestrian crossings to
improve the safety of pedestrians crossing railroad tracks;
(4) installing fences to prohibit access to railroad
tracks; and
(5) other strategies or methods as determined by the
Secretary.
SEC. 202. STATE ACTION PLANS.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall identify the 10
States that have had the most highway-rail grade crossing
collisions, on average, over the past 3 years and require
those States to develop a State grade crossing action plan
within a reasonable period of time, as determined by the
Secretary. The plan shall identify specific solutions for
improving safety at crossings, including highway-rail grade
crossing closures or grade separations, and shall focus on
crossings that have experienced multiple accidents or are at
high risk for such accidents. The Secretary shall provide
assistance to the States in developing and carrying out, as
appropriate, the plan. The plan may be coordinated with other
State or Federal planning requirements and shall cover a
period of time determined to be appropriate by the Secretary.
The Secretary may condition the awarding of any grants under
section 20158, 20167, or 22501 of title 49, United States
Code, to a State identified under this section on the
development of such State's plan.
(b) Review and Approval.--Not later than 60 days after the
Secretary receives a plan under subsection (a), the Secretary
shall review and approve or disapprove it. If the proposed
plan is disapproved, the Secretary shall notify the affected
State as to the specific areas in which the proposed plan is
deficient, and the State shall correct all deficiencies
within 30 days following receipt of written notice from the
Secretary.
SEC. 203. IMPROVEMENTS TO SIGHT DISTANCE AT HIGHWAY-RAIL
GRADE CROSSINGS.
(a) In General.--Subchapter II of chapter 201, as amended
by section 105 of this division, is further amended by
inserting after section 20158 the following:
``Sec. 20159. Roadway user sight distance at highway-rail
grade crossings
``Not later than 18 months after the date of enactment of
the Rail Safety Improvement Act of 2008, the Secretary, after
consultation with the Federal Railroad Administration, the
Federal Highway Administration, and States, shall develop and
make available to States model legislation providing for
improving safety by addressing sight obstructions, including
vegetation growth, topographic features, structures, and
standing railroad equipment, at highway-rail grade crossings
that are equipped solely with passive warnings, as
recommended by the Inspector General of the Department of
Transportation in Report No. MH-2007-044.''.
(b) Conforming Amendment.--The chapter analysis for chapter
201, as amended by section 105 of this division, is amended
by inserting after the item relating to section 20158 the
following new item:
``20159. Roadway user sight distance at highway-rail grade
crossings.''.
SEC. 204. NATIONAL CROSSING INVENTORY.
(a) In General.--Subchapter II of chapter 201, as amended
by section 203 of this division, is further amended by adding
at the end the following new section:
``Sec. 20160. National crossing inventory
``(a) Initial Reporting of Information About Previously
Unreported Crossings.--Not later than 1 year after the date
of enactment of the Rail Safety Improvement Act of 2008 or 6
months after a new crossing becomes operational, whichever
occurs later, each railroad carrier shall--
``(1) report to the Secretary of Transportation current
information, including information about warning devices and
signage, as specified by the Secretary, concerning each
previously unreported crossing through which it operates or
with respect to the trackage over which it operates; or
``(2) ensure that the information has been reported to the
Secretary by another railroad carrier that operates through
the crossing.
``(b) Updating of Crossing Information.--
``(1) On a periodic basis beginning not later than 2 years
after the date of enactment of the Rail Safety Improvement
Act of 2008 and on or before September 30 of every year
thereafter, or as otherwise specified by the Secretary, each
railroad carrier shall--
``(A) report to the Secretary current information,
including information about warning devices and signage, as
specified by the Secretary, concerning each crossing through
which it operates or with respect to the trackage over which
it operates; or
``(B) ensure that the information has been reported to the
Secretary by another railroad carrier that operates through
the crossing.
``(2) A railroad carrier that sells a crossing or any part
of a crossing on or after the date of enactment of the Rail
Safety Improvement Act of 2008 shall, not later than the date
that is 18 months after the date of enactment of that Act or
3 months after the sale, whichever occurs later, or as
otherwise specified by the Secretary, report to the Secretary
current information, as specified by the Secretary,
concerning the change in ownership of the crossing or part of
the crossing.
[[Page 21061]]
``(c) Rulemaking Authority.--The Secretary shall prescribe
the regulations necessary to implement this section. The
Secretary may enforce each provision of the Department of
Transportation's statement of the national highway-rail
crossing inventory policy, procedures, and instruction for
States and railroads that is in effect on the date of
enactment of the Rail Safety Improvement Act of 2008, until
such provision is superseded by a regulation issued under
this section.
``(d) Definitions.--In this section:
``(1) Crossing.--The term `crossing' means a location
within a State, other than a location where one or more
railroad tracks cross one or more railroad tracks either at
grade or grade-separated, where--
``(A) a public highway, road, or street, or a private
roadway, including associated sidewalks and pathways, crosses
one or more railroad tracks either at grade or grade-
separated; or
``(B) a pathway explicitly authorized by a public authority
or a railroad carrier that is dedicated for the use of
nonvehicular traffic, including pedestrians, bicyclists, and
others, that is not associated with a public highway, road,
or street, or a private roadway, crosses one or more railroad
tracks either at grade or grade-separated.
``(2) State.--The term `State' means a State of the United
States, the District of Columbia, or the Commonwealth of
Puerto Rico.''.
(b) Conforming Amendment.--The chapter analysis for chapter
201, as amended by section 203 of this division, is amended
by inserting after the item relating to section 20159 the
following:
``20160. National crossing inventory.''.
(c) Reporting and Updating.--Section 130 of title 23,
United States Code, is amended by adding at the end the
following:
``(l) National Crossing Inventory.--
``(1) Initial reporting of crossing information.--Not later
than 1 year after the date of enactment of the Rail Safety
Improvement Act of 2008 or within 6 months of a new crossing
becoming operational, whichever occurs later, each State
shall report to the Secretary of Transportation current
information, including information about warning devices and
signage, as specified by the Secretary, concerning each
previously unreported public crossing located within its
borders.
``(2) Periodic updating of crossing information.--On a
periodic basis beginning not later than 2 years after the
date of enactment of the Rail Safety Improvement Act of 2008
and on or before September 30 of every year thereafter, or as
otherwise specified by the Secretary, each State shall report
to the Secretary current information, including information
about warning devices and signage, as specified by the
Secretary, concerning each public crossing located within its
borders.
``(3) Rulemaking authority.--The Secretary shall prescribe
the regulations necessary to implement this subsection. The
Secretary may enforce each provision of the Department of
Transportation's statement of the national highway-rail
crossing inventory policy, procedures, and instructions for
States and railroads that is in effect on the date of
enactment of the Rail Safety Improvement Act of 2008, until
such provision is superseded by a regulation issued under
this subsection.
``(4) Definitions.--In this subsection--
``(A) `public crossing' means a location within a State,
other than a location where one or more railroad tracks cross
one or more railroad tracks either at grade or grade-
separated, where--
``(i) a public highway, road, or street, including
associated sidewalks and pathways, crosses one or more
railroad tracks either at grade or grade-separated; or
``(ii) a publicly owned pathway explicitly authorized by a
public authority or a railroad carrier and dedicated for the
use of non-vehicular traffic, including pedestrians,
bicyclists, and others, that is not associated with a public
highway, road, or street, or a private roadway, crosses one
or more railroad tracks either at grade or grade-separated;
and
``(B) `State' means a State of the United States, the
District of Columbia, or Puerto Rico.''.
(d) Civil Penalties.--
(1) Section 21301(a)(1) is amended--
(A) by inserting ``with section 20160 or'' after ``comply''
in the first sentence; and
(B) by inserting ``section 20160 of this title or'' after
``violating'' in the second sentence.
(2) Section 21301(a)(2) is amended by inserting ``The
Secretary shall impose a civil penalty for a violation of
section 20160 of this title.'' after the first sentence.
SEC. 205. TELEPHONE NUMBER TO REPORT GRADE CROSSING PROBLEMS.
(a) In General.--Section 20152 is amended to read as
follows:
``Sec. 20152. Notification of grade crossing problems
``(a) In General.--Not later than 18 months after the date
of enactment of the Rail Safety Improvement Act of 2008, the
Secretary of Transportation shall require each railroad
carrier to--
``(1) establish and maintain a toll-free telephone service
for rights-of-way over which it dispatches trains, to
directly receive calls reporting--
``(A) malfunctions of signals, crossing gates, and other
devices to promote safety at the grade crossing of railroad
tracks on those rights-of-way and public or private roads;
``(B) disabled vehicles blocking railroad tracks at such
grade crossings;
``(C) obstructions to the view of a pedestrian or a vehicle
operator for a reasonable distance in either direction of a
train's approach; or
``(D) other safety information involving such grade
crossings;
``(2) upon receiving a report pursuant to paragraph (1)(A)
or (B), immediately contact trains operating near the grade
crossing to warn them of the malfunction or disabled vehicle;
``(3) upon receiving a report pursuant to paragraph (1)(A)
or (B), and after contacting trains pursuant to paragraph
(2), contact, as necessary, appropriate public safety
officials having jurisdiction over the grade crossing to
provide them with the information necessary for them to
direct traffic, assist in the removal of the disabled
vehicle, or carry out other activities as appropriate;
``(4) upon receiving a report pursuant to paragraph (1)(C)
or (D), timely investigate the report, remove the obstruction
if possible, or correct the unsafe circumstance; and
``(5) ensure the placement at each grade crossing on
rights-of-way that it owns of appropriately located signs, on
which shall appear, at a minimum--
``(A) a toll-free telephone number to be used for placing
calls described in paragraph (1) to the railroad carrier
dispatching trains on that right-of-way;
``(B) an explanation of the purpose of that toll-free
telephone number; and
``(C) the grade crossing number assigned for that crossing
by the National Highway-Rail Crossing Inventory established
by the Department of Transportation.
``(b) Waiver.--The Secretary may waive the requirement that
the telephone service be toll-free for Class II and Class III
rail carriers if the Secretary determines that toll-free
service would be cost prohibitive or unnecessary.''.
(b) Conforming Amendment.--The chapter analysis for chapter
201 is amended by striking the item relating to section 20152
and inserting the following:
``20152. Notification of grade crossing problems.''.
SEC. 206. OPERATION LIFESAVER.
(a) Grant.--The Federal Railroad Administration shall make
a grant or grants to Operation Lifesaver to carry out a
public information and education program to help prevent and
reduce pedestrian, motor vehicle, and other accidents,
incidents, injuries, and fatalities, and to improve awareness
along railroad rights-of-way and at highway-rail grade
crossings. The program shall include, as appropriate,
development, placement, and dissemination of Public Service
Announcements in newspaper, radio, television, and other
media. The program shall also include, as appropriate, school
presentations, brochures and materials, support for public
awareness campaigns, and related support for the activities
of Operation Lifesaver's member organizations. As part of an
educational program funded by grants awarded under this
section, Operation Lifesaver shall provide information to the
public on how to identify and report to the appropriate
authorities unsafe or malfunctioning highway-rail grade
crossings.
(b) Pilot Program.--The Secretary may allow funds provided
under subsection (a) also to be used by Operation Lifesaver
to implement a pilot program, to be known as the Railroad
Safety Public Awareness Program, that addresses the need for
targeted and sustained community outreach on the subjects
described in subsection (a). Such a pilot program shall be
established in 1 or more States identified under section 202
of this division. In carrying out such a pilot program
Operation Lifesaver shall work with the State, community
leaders, school districts, and public and private partners to
identify the communities at greatest risk, to develop
appropriate measures to reduce such risks, and shall
coordinate the pilot program with the State grade crossing
action plan.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Federal Railroad Administration for
carrying out this section--
(1) $2,000,000 for each of fiscal years 2010 and 2011; and
(2) $1,500,000 for each of fiscal years 2012 and 2013.
SEC. 207. FEDERAL GRANTS TO STATES FOR HIGHWAY-RAIL GRADE
CROSSING SAFETY.
(a) In General.--Part B of subtitle V is amended by adding
at the end thereof the following:
``CHAPTER 225--FEDERAL GRANTS TO STATES FOR HIGHWAY-RAIL GRADE CROSSING
SAFETY
``Sec.
``22501. Financial assistance to States for certain projects.
``22502. Distribution.
``22503. Standards for awarding grants.
[[Page 21062]]
``22504. Use of funds.
``22505. Authorization of appropriations.
``Sec. 22501. Financial assistance to States for certain
projects
``The Secretary of Transportation shall make grants--
``(1) to a maximum of 3 States per year for development or
continuance of enhanced public education and awareness
activities, in combination with targeted law enforcement, to
significantly reduce violations of traffic laws at highway-
rail grade crossings and to help prevent and reduce injuries
and fatalities along railroad rights-of-way; and
``(2) to provide for priority highway-rail grade crossing
safety improvements, including the installation, repair, or
improvement of--
``(A) railroad crossing signals, gates, and related
technologies, including median barriers and four quadrant
gates;
``(B) highway traffic signalization, including highway
signals tied to railroad signal systems;
``(C) highway lighting and crossing approach signage;
``(D) roadway improvements, including railroad crossing
panels and surfaces; and
``(E) related work to mitigate dangerous conditions.
``Sec. 22502. Distribution
``The Secretary shall provide the grants to the State
agency or agencies responsible for highway-rail grade
crossing safety.
``Sec. 22503. Standards for awarding grants
``(a) Section 22501(1) Grants.--The Secretary shall provide
grants under section 22501(1) based upon the merits of the
proposed program of activities provided by the State and upon
a determination of where the grants will provide the greatest
safety benefits. The Secretary may give priority to States
that have developed and implemented a State grade crossing
action plan, as described under section 202 of the Rail
Safety Improvement Act of 2008.
``(b) Section 22501(2) Grants.--The Secretary shall provide
grants to State and local governments under section 22501(2)
to provide priority grade crossing safety improvements on an
expedited basis at a location where there has been a highway-
rail grade crossing collision within the previous two years
involving major loss of life or multiple serious bodily
injuries.
``Sec. 22504. Use of funds
``(a) In General.--Any State receiving a grant under
section 22501(1) shall use the funds to develop, implement,
and continue to measure the effectiveness of a dedicated
program of public education and enforcement of highway-rail
crossing safety laws and to prevent casualties along railroad
rights-of-way. The Secretary may not make a grant under this
chapter available to assist a State or political subdivision
thereof in establishing or continuing a quiet zone pursuant
to part 222 of title 49, Code of Federal Regulations.
``(b) Maximum Grant Amount Under Section 22501(2).--No
grant awarded under section 22501(2) may exceed $250,000.
``Sec. 22505. Authorization of appropriations
``There are authorized to be appropriated to the Secretary
$1,500,000 for each of fiscal years 2010 through 2013 to
carry out the provisions of section 22501(1) of this chapter.
There are authorized to be appropriated to the Secretary
$1,500,000 for each of fiscal years 2010 through 2013 to
carry out the provisions of section 22501(2) of this chapter.
Amounts appropriated pursuant to this section shall remain
available until expended.''.
(b) Conforming Amendment.--The subtitle analysis for
subtitle V is amended by inserting after the item relating to
chapter 223 the following:
``225. Federal grants to States for highway-rail grade cros22501''.ety.
SEC. 208. TRESPASSER PREVENTION AND HIGHWAY-RAIL GRADE
CROSSING SAFETY.
(a) Trespasser Prevention and Highway-Rail Grade Crossing
Warning Sign Violations.--Section 20151 is amended--
(1) by striking the section heading and inserting the
following:
``Sec. 20151. Railroad trespassing, vandalism, and highway-
rail grade crossing warning sign violation prevention
strategy'';
(2) by striking subsection (a) and inserting the following:
``(a) Evaluation of Existing Laws.--In consultation with
affected parties, the Secretary of Transportation shall
evaluate and review current local, State, and Federal laws
regarding trespassing on railroad property, vandalism
affecting railroad safety, and violations of highway-rail
grade crossing signs, signals, markings, or other warning
devices and develop model prevention strategies and
enforcement laws to be used for the consideration of State
and local legislatures and governmental entities. The first
such evaluation and review shall be completed within 1 year
after the date of enactment of the Rail Safety Improvement
Act of 2008. The Secretary shall revise the model prevention
strategies and enforcement codes periodically.'';
(3) by inserting ``for Trespassing and Vandalism
Prevention'' in the subsection heading of subsection (b)
after ``Outreach Program'';
(4) in subsection (c)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(B) by inserting ``(1)'' after ``Model Legislation.--'';
and
(C) by adding at the end the following new paragraph:
``(2) Not later than 18 months after the date of enactment
of the Rail Safety Improvement Act of 2008, the Secretary,
after consultation with State and local governments and
railroad carriers, shall develop and make available to State
and local governments model State legislation providing for
civil or criminal penalties, or both, for violations of
highway-rail grade crossing signs, signals, markings, or
other warning devices.''; and
(5) by adding at the end the following new subsection:
``(d) Definition.--In this section, the term `violation of
highway-rail grade crossing signs, signals, markings, or
other warning devices' includes any action by a motorist,
unless directed by an authorized safety officer--
``(1) to drive around a grade crossing gate in a position
intended to block passage over railroad tracks;
``(2) to drive through a flashing grade crossing signal;
``(3) to drive through a grade crossing with passive
warning signs without ensuring that the grade crossing could
be safely crossed before any train arrived; and
``(4) in the vicinity of a grade crossing, who creates a
hazard of an accident involving injury or property damage at
the grade crossing.''.
(b) Conforming Amendment.--The chapter analysis for chapter
201 is amended by striking the item relating to section 20151
and inserting the following:
``20151. Railroad trespassing, vandalism, and highway-rail grade
crossing warning sign violation prevention strategy.''.
(c) Educational or Awareness Program Items for
Distribution.--Section 20134(a) is amended by adding at the
end the following: ``The Secretary may purchase items of
nominal value and distribute them to the public without
charge as part of an educational or awareness program to
accomplish the purposes of this section and of any other
sections of this title related to improving the safety of
highway-rail crossings and to preventing trespass on railroad
rights of way, and the Secretary shall prescribe guidelines
for the administration of this authority.''.
SEC. 209. ACCIDENT AND INCIDENT REPORTING.
The Federal Railroad Administration shall conduct an audit
of each Class I railroad at least once every 2 years and
conduct an audit of each non-Class I railroad at least once
every 5 years to ensure that all grade crossing collisions
and fatalities are reported to any Federal national accident
database.
SEC. 210. FOSTERING INTRODUCTION OF NEW TECHNOLOGY TO IMPROVE
SAFETY AT HIGHWAY-RAIL GRADE CROSSINGS.
(a) Amendment.--Subchapter II of chapter 201, as amended by
section 204 of this division, is further amended by adding at
the end the following:
``Sec. 20161. Fostering introduction of new technology to
improve safety at highway-rail grade crossings
``(a) Findings.--
``(1) Collisions between highway users and trains at
highway-rail grade crossings continue to cause an
unacceptable loss of life, serious personal injury, and
property damage.
``(2) While elimination of at-grade crossings through
consolidation of crossings and grade separations offers the
greatest long-term promise for optimizing the safety and
efficiency of the two modes of transportation, over 140,000
public grade crossings remain on the general rail system--
approximately one for each route mile on the general rail
system.
``(3) Conventional highway traffic control devices such as
flashing lights and gates are often effective in warning
motorists of a train's approach to an equipped crossing.
``(4) Since enactment of the Highway Safety Act of 1973,
over $4,200,000,000 of Federal funding has been invested in
safety improvements at highway-rail grade crossings, yet a
majority of public highway-rail grade crossings are not yet
equipped with active warning systems.
``(5) The emergence of new technologies presents
opportunities for more effective and affordable warnings and
safer passage of highway users and trains at remaining
highway-rail grade crossings.
``(6) Implementation of new crossing safety technology will
require extensive cooperation between highway authorities and
railroad carriers.
``(7) Federal Railroad Administration regulations
establishing performance standards for processor-based signal
and train control systems provide a suitable framework for
qualification of new or novel technology at highway-rail
grade crossings, and the Federal Highway Administration's
Manual on Uniform Traffic Control Devices provides an
appropriate means of determining highway user interface with
such new technology.
``(b) Policy.--It is the policy of the United States to
encourage the development of new technology that can prevent
loss of life and
[[Page 21063]]
injuries at highway-rail grade crossings. The Secretary of
Transportation is designated to carry out this policy in
consultation with States and necessary public and private
entities.
``(c) Submission of New Technology Proposals.--Railroad
carriers and railroad suppliers may submit for review and
approval to the Secretary such new technology designed to
improve safety at highway-rail grade crossings. The Secretary
shall approve by order the new technology designed to improve
safety at highway-rail grade crossings in accordance with
Federal Railroad Administration standards for the development
and use of processor-based signal and train control systems
and shall consider the effects on safety of highway-user
interface with the new technology.
``(d) Effect of Secretarial Approval.--If the Secretary
approves by order new technology to provide warning to
highway users at a highway-rail grade crossing and such
technology is installed at a highway-rail grade crossing in
accordance with the conditions of the approval, this
determination preempts any State statute or regulation
concerning the adequacy of the technology in providing
warning at the crossing.''.
(b) Conforming Amendment.--The chapter analysis for chapter
201, as amended by section 204 of this division, is further
amended by inserting after the item relating to section
20160, the following:
``20161. Fostering introduction of new technology to improve safety at
highway-rail grade crossings.''.
TITLE III--FEDERAL RAILROAD ADMINISTRATION
SEC. 301. HUMAN CAPITAL INCREASES.
(a) In General.--The Secretary shall increase the number of
Federal Railroad Administration employees by--
(1) 50 employees in fiscal year 2009;
(2) 50 employees in fiscal year 2010;
(3) 50 employees in fiscal year 2011;
(4) 25 employees in fiscal year 2012; and
(5) 25 employees in fiscal year 2013.
(b) Functions.--In increasing the number of employees
pursuant to subsection (a), the Secretary shall focus on
hiring employees--
(1) specifically trained to conduct on-site railroad and
highway-rail grade crossing accident investigations;
(2) to implement the Railroad Safety Strategy;
(3) to administer and implement section 20156 of title 49,
United States Code, relating to the Railroad Safety Risk
Reduction Program;
(4) to conduct routine inspections and audits of railroad
and hazardous materials facilities and records for compliance
with railroad safety laws and regulations;
(5) to inspect railroad bridges, tunnels, and related
infrastructure, and to review or analyze railroad bridge,
tunnel, and related infrastructure inspection reports;
(6) to prevent or respond to natural or manmade emergency
situations or events involving rail infrastructure or
employees;
(7) to implement section 20157 of title 49, United States
Code, relating to positive train control systems;
(8) to implement section 20164 of title 49, United States
Code, relating to the development and use of rail safety
technology; and
(9) to support the Federal Railroad Administration's safety
mission.
SEC. 302. CIVIL PENALTY INCREASES.
(a) General Violations of Chapter 201.--Section 21301(a)(2)
is amended--
(1) by striking ``$10,000.'' and inserting ``$25,000.'';
and
(2) by striking ``$20,000.'' and inserting ``$100,000.''.
(b) Accident and Incident Violations of Chapter 201;
Violations of Chapters 203 Through 209.--Section 21302(a)(2)
is amended--
(1) by striking ``$10,000.'' and inserting ``$25,000.'';
and
(2) by striking ``$20,000.'' and inserting ``$100,000.''.
(c) Violations of Chapter 211.--Section 21303(a)(2) is
amended--
(1) by striking ``$10,000.'' and inserting ``$25,000.'';
and
(2) by striking ``$20,000.'' and inserting ``$100,000.''.
SEC. 303. ENFORCEMENT REPORT.
(a) In General.--Subchapter I of chapter 201, as amended by
section 109 of this division, is amended by adding at the end
the following:
``Sec. 20120. Enforcement report
``(a) In General.--Beginning not later than December 31,
2009, the Secretary of Transportation shall make available to
the public and publish on its public website an annual report
that--
``(1) provides a summary of railroad safety and hazardous
materials compliance inspections and audits that Federal or
State inspectors conducted in the prior fiscal year organized
by type of alleged violation, including track, motive power
and equipment, signal, grade crossing, operating practices,
accident and incidence reporting, and hazardous materials;
``(2) provides a summary of all enforcement actions taken
by the Secretary or the Federal Railroad Administration
during the prior fiscal year, including--
``(A) the number of civil penalties assessed;
``(B) the initial amount of civil penalties assessed;
``(C) the number of civil penalty cases settled;
``(D) the final amount of civil penalties assessed;
``(E) the difference between the initial and final amounts
of civil penalties assessed;
``(F) the number of administrative hearings requested and
completed related to hazardous materials transportation law
violations or enforcement actions against individuals;
``(G) the number of cases referred to the Attorney General
for civil or criminal prosecution;
``(H) the number and subject matter of all compliance
orders, emergency orders, or precursor agreements;
``(3) analyzes the effect of the number of inspections
conducted and enforcement actions taken on the number and
rate of reported accidents and incidents and railroad safety;
``(4) provide the information required by paragraphs (2)
and (3)--
``(A) for each Class I railroad individually; and
``(B) in the aggregate for--
``(i) Class II railroads;
``(ii) Class III railroads;
``(iii) hazardous materials shippers; and
``(iv) individuals;
``(5) identifies the number of locomotive engineer
certification denial or revocation cases appealed to and the
average length of time it took to be decided by--
``(A) the Locomotive Engineer Review Board;
``(B) an Administrative Hearing Officer or Administrative
Law Judge; or
``(C) the Administrator of the Federal Railroad
Administration;
``(6) provides an explanation regarding any changes in the
Secretary's or the Federal Railroad Administration's
enforcement programs or policies that may substantially
affect the information reported; and
``(7) includes any additional information that the
Secretary determines is useful to improve the transparency of
its enforcement program.''.
(b) Conforming Amendment.--The chapter analysis for chapter
201, as amended by section 109 of this division, is amended
by inserting after the item relating to section 20119 the
following:
``20120. Enforcement report.''.
SEC. 304. EXPANSION OF EMERGENCY ORDER AUTHORITY.
Section 20104(a)(1) is amended by striking ``death or
personal injury'' and inserting ``death, personal injury, or
significant harm to the environment''.
SEC. 305. PROHIBITION OF INDIVIDUALS FROM PERFORMING SAFETY-
SENSITIVE FUNCTIONS FOR A VIOLATION OF
HAZARDOUS MATERIALS TRANSPORTATION LAW.
Section 20111(c) is amended to read as follows:
``(c) Orders Prohibiting Individuals From Performing
Safety-Sensitive Functions.--
``(1) If an individual's violation of this part, chapter 51
of this title, or a regulation prescribed, or an order
issued, by the Secretary under this part or chapter 51 of
this title is shown to make that individual unfit for the
performance of safety-sensitive functions, the Secretary,
after providing notice and an opportunity for a hearing, may
issue an order prohibiting the individual from performing
safety-sensitive functions in the railroad industry for a
specified period of time or until specified conditions are
met.
``(2) This subsection does not affect the Secretary's
authority under section 20104 of this title to act on an
emergency basis.''.
SEC. 306. RAILROAD RADIO MONITORING AUTHORITY.
Section 20107 is amended by inserting at the end the
following:
``(c) Railroad Radio Communications.--
``(1) In general.--To carry out the Secretary's
responsibilities under this part and under chapter 51, the
Secretary may authorize officers, employees, or agents of the
Secretary to conduct, with or without making their presence
known, the following activities in circumstances the
Secretary finds to be reasonable:
``(A) Intercepting a radio communication, with or without
the consent of the sender or other receivers of the
communication, but only where such communication is broadcast
or transmitted over a radio frequency which is--
``(i) authorized for use by one or more railroad carriers
by the Federal Communications Commission; and
``(ii) primarily used by such railroad carriers for
communications in connection with railroad operations.
``(B) Communicating the existence, contents, substance,
purport, effect, or meaning of the communication, subject to
the restrictions in paragraph (3).
``(C) Receiving or assisting in receiving the communication
(or any information therein contained).
``(D) Disclosing the contents, substance, purport, effect,
or meaning of the communication (or any part thereof of such
communication) or using the communication (or any information
contained therein), subject to the restrictions in paragraph
(3), after having received the communication or acquired
knowledge of the contents, substance,
[[Page 21064]]
purport, effect, or meaning of the communication (or any part
thereof).
``(E) Recording the communication by any means, including
writing and tape recording.
``(2) Accident and incident prevention and investigation.--
The Secretary, and officers, employees, and agents of the
Department of Transportation authorized by the Secretary, may
engage in the activities authorized by paragraph (1) for the
purpose of accident and incident prevention and
investigation.
``(3) Use of information.--(A) Information obtained through
activities authorized by paragraphs (1) and (2) shall not be
admitted into evidence in any administrative or judicial
proceeding except--
``(i) in a prosecution of a felony under Federal or State
criminal law; or
``(ii) to impeach evidence offered by a party other than
the Federal Government regarding the existence, electronic
characteristics, content, substance, purport, effect,
meaning, or timing of, or identity of parties to, a
communication intercepted pursuant to paragraphs (1) and (2)
in proceedings pursuant to section 5122, 5123, 20702(b),
20111, 20112, 20113, or 20114 of this title.
``(B) If information obtained through activities set forth
in paragraphs (1) and (2) is admitted into evidence for
impeachment purposes in accordance with subparagraph (A), the
court, administrative law judge, or other officer before whom
the proceeding is conducted may make such protective orders
regarding the confidentiality or use of the information as
may be appropriate in the circumstances to protect privacy
and administer justice.
``(C) No evidence shall be excluded in an administrative or
judicial proceeding solely because the government would not
have learned of the existence of or obtained such evidence
but for the interception of information that is not
admissible in such proceeding under subparagraph (A).
``(D) Information obtained through activities set forth in
paragraphs (1) and (2) shall not be subject to publication or
disclosure, or search or review in connection therewith,
under section 552 of title 5.
``(E) Nothing in this subsection shall be construed to
impair or otherwise affect the authority of the United States
to intercept a communication, and collect, retain, analyze,
use, and disseminate the information obtained thereby, under
a provision of law other than this subsection.
``(4) Application with other law.--Section 705 of the
Communications Act of 1934 (47 U.S.C. 605) and chapter 119 of
title 18 shall not apply to conduct authorized by and
pursuant to this subsection.''.
SEC. 307. UPDATE OF FEDERAL RAILROAD ADMINISTRATION'S
WEBSITE.
(a) In General.--The Secretary shall update the Federal
Railroad Administration's public website to better facilitate
the ability of the public, including those individuals who
are not regular users of the public website, to find current
information regarding the Federal Railroad Administration's
activities.
(b) Public Reporting of Violations.--On the Federal
Railroad Administration's public website's home page, the
Secretary shall provide a mechanism for the public to submit
written reports of potential violations of Federal railroad
safety and hazardous materials transportation laws,
regulations, and orders to the Federal Railroad
Administration.
SEC. 308. EMERGENCY WAIVERS.
Section 20103 is amended--
(1) by striking ``Waivers.--'' in subsection (d) and
inserting ``Nonemergency Waivers.--'';
(2) by striking subsection (e) and inserting the following:
``(e) Hearings.--The Secretary shall conduct a hearing as
provided by section 553 of title 5 when prescribing a
regulation or issuing an order under this part, including a
regulation or order establishing, amending, or providing a
waiver, described in subsection (d), of compliance with a
railroad safety regulation prescribed or order issued under
this part. An opportunity for an oral presentation shall be
provided.''; and
(3) by adding at the end thereof the following:
``(g) Emergency Waivers.--
``(1) In general.--The Secretary may waive compliance with
any part of a regulation prescribed or order issued under
this part without prior notice and comment if the Secretary
determines that--
``(A) it is in the public interest to grant the waiver;
``(B) the waiver is not inconsistent with railroad safety;
and
``(C) the waiver is necessary to address an actual or
impending emergency situation or emergency event.
``(2) Period of waiver.--A waiver under this subsection may
be issued for a period of not more than 60 days and may be
renewed upon application to the Secretary only after notice
and an opportunity for a hearing on the waiver. The Secretary
shall immediately revoke the waiver if continuation of the
waiver would not be consistent with the goals and objectives
of this part.
``(3) Statement of reasons.--The Secretary shall state in
the decision issued under this subsection the reasons for
granting the waiver.
``(4) Consultation.--In granting a waiver under this
subsection, the Secretary shall consult and coordinate with
other Federal agencies, as appropriate, for matters that may
impact such agencies.
``(5) Emergency situation; emergency event.--In this
subsection, the terms `emergency situation' and `emergency
event' mean a natural or manmade disaster, such as a
hurricane, flood, earthquake, mudslide, forest fire,
snowstorm, terrorist act, biological outbreak, release of a
dangerous radiological, chemical, explosive, or biological
material, or a war-related activity, that poses a risk of
death, serious illness, severe injury, or substantial
property damage. The disaster may be local, regional, or
national in scope.''.
SEC. 309. ENFORCEMENT BY THE ATTORNEY GENERAL.
Section 20112(a) is amended--
(1) by inserting ``this part, except for section 20109 of
this title, or'' in paragraph (1) after ``enforce,'';
(2) by striking ``21301'' in paragraph (2) and inserting
``21301, 21302, or 21303'';
(3) by striking ``subpena'' in paragraph (3) and inserting
``subpoena, request for admissions, request for production of
documents or other tangible things, or request for testimony
by deposition''; and
(4) by striking ``chapter.'' in paragraph (3) and inserting
``part.''.
SEC. 310. CRIMINAL PENALTIES.
Section 21311(b) is amended to read as follows:
``(b) Accident and Incident Reports.--A railroad carrier
not filing a report in violation of section 20901 of this
title shall be fined not more than $2,500. A separate
violation occurs for each day the violation continues.''.
TITLE IV--RAILROAD SAFETY ENHANCEMENTS
SEC. 401. MINIMUM TRAINING STANDARDS AND PLANS.
(a) Amendment.--Subchapter II of chapter 201, as amended by
section 210 of this division, is further amended by adding at
the end the following new section:
``Sec. 20162. Minimum training standards and plans
``(a) In General.--The Secretary of Transportation shall,
not later than 1 year after the date of enactment of the Rail
Safety Improvement Act of 2008, establish--
``(1) minimum training standards for each class and craft
of safety-related railroad employee (as defined in section
20102) and equivalent railroad carrier contractor and
subcontractor employees, which shall require railroad
carriers, contractors, and subcontractors to qualify or
otherwise document the proficiency of such employees in each
such class and craft regarding their knowledge of, and
ability to comply with, Federal railroad safety laws and
regulations and railroad carrier rules and procedures
promulgated to implement those Federal railroad safety laws
and regulations;
``(2) a requirement that railroad carriers, contractors,
and subcontractors develop and submit training and
qualification plans to the Secretary for approval, including
training programs and information deemed necessary by the
Secretary to ensure that all safety-related railroad
employees receive appropriate training in a timely manner;
and
``(3) a minimum training curriculum, and ongoing training
criteria, testing, and skills evaluation measures to ensure
that safety-related railroad employees, and contractor and
subcontractor employees, charged with the inspection of track
or railroad equipment are qualified to assess railroad
compliance with Federal standards to identify defective
conditions and initiate immediate remedial action to correct
critical safety defects that are known to contribute to
derailments, accidents, incidents, or injuries, and, in
implementing the requirements of this paragraph, take into
consideration existing training programs of railroad
carriers.
``(b) Approval.--The Secretary shall review and approve the
plans required under subsection (a)(2) utilizing an approval
process required for programs to certify the qualification of
locomotive engineers pursuant to part 240 of title 49, Code
of Federal Regulations.
``(c) Exemption.--The Secretary may exempt railroad
carriers and railroad carrier contractors and subcontractors
from submitting training plans for which the Secretary has
issued training regulations before the date of enactment of
the Rail Safety Improvement Act of 2008.''.
(b) Conforming Amendment.--The chapter analysis for chapter
201, as amended by section 210 of this division, is amended
by inserting after the item relating to section 20161 the
following:
``20162. Minimum training standards and plans.''.
SEC. 402. CERTIFICATION OF CERTAIN CRAFTS OR CLASSES OF
EMPLOYEES.
(a) Amendment.--Subchapter II of chapter 201, as amended by
section 401 of this division, is further amended by adding at
the end the following new section:
``Sec. 20163. Certification of train conductors
``(a) Regulations.--Not later than 18 months after the date
of enactment of the Rail Safety Improvement Act of 2008, the
[[Page 21065]]
Secretary of Transportation shall prescribe regulations to
establish a program requiring the certification of train
conductors. In prescribing such regulations, the Secretary
shall require that train conductors be trained, in accordance
with the training standards developed pursuant to section
20162.
``(b) Program Requirements.--In developing the regulations
required by subsection (a), the Secretary may consider the
requirements of section 20135(b) through (e).''.
(b) Report.--Not later than 6 months after promulgating
regulations under section 20162 of title 49, United States
Code, the Secretary shall issue a report to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and
Infrastructure about whether the certification of certain
crafts or classes of railroad carrier or railroad carrier
contractor or subcontractor employees is necessary to reduce
the number and rate of accidents and incidents or to improve
railroad safety.
(c) Crafts and Classes to Be Considered.--As part of the
report, the Secretary shall consider--
(1) car repair and maintenance employees;
(2) onboard service workers;
(3) rail welders;
(4) dispatchers;
(5) signal repair and maintenance employees; and
(6) any other craft or class of employees that the
Secretary determines appropriate.
(d) Regulations.--The Secretary may prescribe regulations
requiring the certification of certain crafts or classes of
employees that the Secretary determines pursuant to the
report required by paragraph (1) are necessary to reduce the
number and rate of accidents and incidents or to improve
railroad safety.
(e) Conforming Amendment.--The chapter analysis for chapter
201, as amended by section 401 of this division, is amended
by inserting after the item relating to section 20162 the
following:
``20163. Certification of train conductors.''.
SEC. 403. TRACK INSPECTION TIME STUDY.
(a) Study.--Not later that 2 years after the date of
enactment of this Act, the Secretary shall transmit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report containing the
results of a study to determine whether--
(1) the required intervals of track inspections for each
class of track should be amended;
(2) track remedial action requirements should be amended;
(3) different track inspection and repair priorities or
methods should be required; and
(4) the speed at which railroad track inspection vehicles
operate and the scope of the territory they generally cover
allow for proper inspection of the track and whether such
speed and appropriate scope should be regulated by the
Secretary.
(b) Considerations.--In conducting the study the Secretary
shall consider--
(1) the most current rail flaw, rail defect growth, rail
fatigue, and other relevant track- or rail-related research
and studies;
(2) the availability and feasibility of developing and
implementing new or novel rail inspection technology for
routine track inspections;
(3) information from National Transportation Safety Board
or Federal Railroad Administration accident investigations
where track defects were the cause or a contributing cause;
and
(4) other relevant information, as determined by the
Secretary.
(c) Update of Regulations.--Not later than 2 years after
the completion of the study required by subsection (a), the
Secretary shall prescribe regulations based on the results of
the study conducted under subsection (a).
(d) Concrete Cross Ties.--Not later than 18 months after
the date of enactment of this Act, the Secretary shall
promulgate regulations for concrete cross ties. In developing
the regulations for class 1 through 5 track, the Secretary
may address, as appropriate--
(1) limits for rail seat abrasion;
(2) concrete cross tie pad wear limits;
(3) missing or broken rail fasteners;
(4) loss of appropriate toeload pressure;
(5) improper fastener configurations; and
(6) excessive lateral rail movement.
SEC. 404. STUDY OF METHODS TO IMPROVE OR CORRECT STATION
PLATFORM GAPS.
Not later than 2 years after the enactment of this Act, the
Secretary shall complete a study to determine the most safe,
efficient, and cost-effective way to improve the safety of
rail passenger station platforms gaps in order to increase
compliance with the requirements under the Americans with
Disabilities Act (42 U.S.C. 12101 et seq.), including
regulations issued pursuant to section 504 of such Act (42
U.S.C. 12204) and to minimize the safety risks associated
with such gaps for railroad passengers and employees.
SEC. 405. LOCOMOTIVE CAB STUDIES.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary, through the Railroad
Safety Advisory Committee if the Secretary makes such a
request, shall complete a study on the safety impact of the
use of personal electronic devices, including cell phones,
video games, and other distracting devices, by safety-related
railroad employees (as defined in section 20102(4) of title
49, United States Code), during the performance of such
employees' duties. The study shall consider the prevalence of
the use of such devices.
(b) Locomotive Cab Environment.--The Secretary may also
study other elements of the locomotive cab environment and
their effect on an employee's health and safety.
(c) Report.--Not later than 6 months after the completion
of any study under this section, the Secretary shall issue a
report on the study to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committee on Transportation and Infrastructure.
(d) Authority.--Based on the conclusions of the study
required under (a), the Secretary of Transportation may
prohibit the use of personal electronic devices, such as cell
phones, video games, or other electronic devices that may
distract employees from safely performing their duties,
unless those devices are being used according to railroad
operating rules or for other work purposes. Based on the
conclusions of other studies conducted under subsection (b),
the Secretary may prescribe regulations to improve elements
of the cab environment to protect an employee's health and
safety.
SEC. 406. DEVELOPMENT AND USE OF RAIL SAFETY TECHNOLOGY.
(a) In General.--Subchapter II of chapter 201, as amended
by section 402 of this division, is further amended by adding
at the end the following new section:
``Sec. 20164. Development and use of rail safety technology
``(a) In General.--Not later than 1 year after enactment of
the Railroad Safety Enhancement Act of 2008, the Secretary of
Transportation shall prescribe standards, guidance,
regulations, or orders governing the development, use, and
implementation of rail safety technology in dark territory,
in arrangements not defined in section 20501 or otherwise not
covered by Federal standards, guidance, regulations, or
orders that ensure the safe operation of such technology,
such as--
``(1) switch position monitoring devices or indicators;
``(2) radio, remote control, or other power-assisted
switches;
``(3) hot box, high water, or earthquake detectors;
``(4) remote control locomotive zone limiting devices;
``(5) slide fences;
``(6) grade crossing video monitors;
``(7) track integrity warning systems; or
``(8) other similar rail safety technologies, as determined
by the Secretary.
``(b) Dark Territory Defined.--In this section, the term
`dark territory' means any territory in a railroad system
that does not have a signal or train control system installed
or operational.''.
(b) Conforming Amendment.--The chapter analysis for chapter
201, as amended by section 402 of this division, is amended
by inserting after the item relating to section 20163 the
following:
``20164. Development and use of rail safety technology.''.
SEC. 407. UNIFIED TREATMENT OF FAMILIES OF RAILROAD CARRIERS.
Section 20102(3), as redesignated by section 2(b) of this
division, is amended to read as follows:
``(3) `railroad carrier' means a person providing railroad
transportation, except that, upon petition by a group of
commonly controlled railroad carriers that the Secretary
determines is operating within the United States as a single,
integrated rail system, the Secretary may by order treat the
group of railroad carriers as a single railroad carrier for
purposes of one or more provisions of part A, subtitle V of
this title and implementing regulations and order, subject to
any appropriate conditions that the Secretary may impose.''.
SEC. 408. STUDY OF REPEAL OF CONRAIL PROVISION.
Not later than 1 year after the date of enactment of this
Act, the Secretary shall complete a study of the impacts of
repealing section 711 of the Regional Rail Reorganization Act
of 1973 (45 U.S.C. 797j). Not later than 6 months after
completing the study, the Secretary shall transmit a report
with the Secretary's findings, conclusions, and
recommendations to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives Committee
on Transportation and Infrastructure.
SEC. 409. LIMITATIONS ON NON-FEDERAL ALCOHOL AND DRUG TESTING
BY RAILROAD CARRIERS.
(a) In General.--Chapter 201, as amended by section 406 of
this division, is further amended by adding at the end the
following:
``Sec. 20165. Limitations on non-Federal alcohol and drug
testing
``(a) Testing Requirements.--Any non-Federal alcohol and
drug testing program of a railroad carrier must provide that
all post-employment tests of the specimens of employees who
are subject to both the program and chapter 211 of this title
be conducted using a scientifically recognized method of
testing capable of determining the presence
[[Page 21066]]
of the specific analyte at a level above the cut-off level
established by the carrier.
``(b) Redress Process.--Each railroad carrier that has a
non-Federal alcohol and drug testing program must provide a
redress process to its employees who are subject to both the
alcohol and drug testing program and chapter 211 of this
title for such an employee to petition for and receive a
carrier hearing to review his or her specimen test results
that were determined to be in violation of the program. A
dispute or grievance raised by a railroad carrier or its
employee, except a probationary employee, in connection with
the carrier's alcohol and drug testing program and the
application of this section is subject to resolution under
section 3 of the Railway Labor Act (45 U.S.C. 153).''.
(b) Conforming Amendment.--The chapter analysis for chapter
201, as amended by section 406 of this division, is further
amended by inserting after the item relating to section 20164
the following:
``20165. Limitations on non-Federal alcohol and drug testing by
railroad carriers.''.
SEC. 410. CRITICAL INCIDENT STRESS PLAN.
(a) In General.--The Secretary of Transportation, in
consultation with the Secretary of Labor and the Secretary of
Health and Human Services, as appropriate, shall require each
Class I railroad carrier, each intercity passenger railroad
carrier, and each commuter railroad carrier to develop and
submit for approval to the Secretary a critical incident
stress plan that provides for debriefing, counseling,
guidance, and other appropriate support services to be
offered to an employee affected by a critical incident.
(b) Plan Requirements.--Each such plan shall include
provisions for--
(1) relieving an employee who was involved in a critical
incident of his or her duties for the balance of the duty
tour, following any actions necessary for the safety of
persons and contemporaneous documentation of the incident;
(2) upon the employee's request, relieving an employee who
witnessed a critical incident of his or her duties following
any actions necessary for the safety of persons and
contemporaneous documentation of the incident; and
(3) providing such leave from normal duties as may be
necessary and reasonable to receive preventive services,
treatment, or both, related to the incident.
(c) Secretary To Define What Constitutes A Critical
Incident.--Within 30 days after the date of enactment of this
Act, the Secretary shall initiate a rulemaking proceeding to
define the term ``critical incident'' for the purposes of
this section.
SEC. 411. RAILROAD CARRIER EMPLOYEE EXPOSURE TO RADIATION
STUDY.
(a) Study.--The Secretary of Transportation shall, in
consultation with the Secretary of Energy, the Secretary of
Labor, the Administrator of the Environmental Protection
Agency, and the Chairman of the Nuclear Regulatory
Commission, as appropriate, conduct a study of the potential
hazards to which employees of railroad carriers and railroad
contractors or subcontractors are exposed during the
transportation of high-level radioactive waste and spent
nuclear fuel (as defined in section 5101(a) of title 49,
United States Code), supplementing the report submitted under
section 5101(b) of that title, which may include--
(1) an analysis of the potential application of ``as low as
reasonably achievable'' principles for exposure to radiation
to such employees with an emphasis on the need for special
protection from radiation exposure for such employees during
the first trimester of pregnancy or who are undergoing or
have recently undergone radiation therapy;
(2) the feasibility of requiring real-time dosimetry
monitoring for such employees;
(3) the feasibility of requiring routine radiation exposure
monitoring in fixed railroad locations, such as yards and
repair facilities; and
(4) a review of the effectiveness of the Department's
packaging requirements for radioactive materials.
(b) Report.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Transportation shall
transmit a report on the results of the study required by
subsection (a) and any recommendations to further protect
employees of a railroad carrier or of a contractor or
subcontractor to a railroad carrier from unsafe exposure to
radiation during the transportation of high-level radioactive
waste and spent nuclear fuel to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and
Infrastructure.
(c) Regulatory Authority.--The Secretary of Transportation
may issue regulations that the Secretary determines
appropriate, pursuant to the report required by subsection
(b), to protect railroad employees from unsafe exposure to
radiation during the transportation of radioactive materials.
SEC. 412. ALCOHOL AND CONTROLLED SUBSTANCE TESTING FOR
MAINTENANCE-OF-WAY EMPLOYEES.
Not later than 2 years following the date of enactment of
this Act, the Secretary of Transportation shall complete a
rulemaking proceeding to revise the regulations prescribed
under section 20140 of title 49, United States Code, to cover
all employees of railroad carriers and contractors or
subcontractors to railroad carriers who perform maintenance-
of-way activities.
SEC. 413. EMERGENCY ESCAPE BREATHING APPARATUS.
(a) Amendment.--Subchapter II of chapter 201, as amended by
section 409 of this division, is further amended by adding at
the end the following new section:
``Sec. 20166. Emergency escape breathing apparatus
``Not later than 18 months after the date of enactment of
the Rail Safety Improvement Act of 2008, the Secretary of
Transportation shall prescribe regulations that require
railroad carriers--
``(1) to provide emergency escape breathing apparatus
suitable to provide head and neck coverage with respiratory
protection for all crewmembers in locomotive cabs on freight
trains carrying hazardous materials that would pose an
inhalation hazard in the event of release;
``(2) to provide convenient storage in each freight train
locomotive to enable crewmembers to access such apparatus
quickly;
``(3) to maintain such equipment in proper working
condition; and
``(4) to provide their crewmembers with appropriate
training for using the breathing apparatus.''.
(b) Conforming Amendment.--The chapter analysis for chapter
201, as amended by section 409 of this division, is amended
by inserting after the item relating to section 20165 the
following:
``20166. Emergency escape breathing apparatus.''.
SEC. 414. TUNNEL INFORMATION.
Not later than 120 days after the date of enactment of this
Act, each railroad carrier shall, with respect to each of its
tunnels which--
(1) are longer than 1000 feet and located under a city with
a population of 400,000 or greater; or
(2) carry 5 or more scheduled passenger trains per day, or
500 or more carloads of poison- or toxic-by-inhalation
hazardous materials (as defined in parts 171.8, 173.115, and
173.132 of title 49, Code of Federal Regulations) per year,
maintain, for at least two years, historical documentation of
structural inspection and maintenance activities for such
tunnels, including information on the methods of ingress and
egress into and out of the tunnel, the types of cargos
typically transported through the tunnel, and schematics or
blueprints for the tunnel, when available. Upon request, a
railroad carrier shall provide periodic briefings on such
information to the governments of the local jurisdiction in
which the tunnel is located, including updates whenever a
repair or rehabilitation project substantially alters the
methods of ingress and egress. Such governments shall use
appropriate means to protect and restrict the distribution of
any security sensitive information (as defined in part 1520.5
of title 49, Code of Federal Regulations) provided by the
railroad carrier under this section, consistent with national
security interests.
SEC. 415. MUSEUM LOCOMOTIVE STUDY.
(a) Study.--The Secretary shall conduct a study of the
requirements relating to safety inspections of diesel-
electric locomotives and equipment that are operated in
limited service by railroad-related museums, historical
societies, and tourist or scenic railroads. The study shall
include an analysis of the safety consequences of requiring
less frequent inspections of such locomotives and equipment,
including periodic inspections or inspections based on
service days and air brake inspections.
(b) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall transmit a report
on the results of the study conducted under subsection (a) to
the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
SEC. 416. SAFETY INSPECTIONS IN MEXICO.
Mechanical and brake inspections of rail cars performed in
Mexico shall not be treated as satisfying United States rail
safety laws or regulations unless the Secretary of
Transportation certifies that--
(1) such inspections are being performed under regulations
and standards equivalent to those applicable in the United
States;
(2) the inspections are being performed by employees that
have received training similar to the training received by
similar railroad employees in the United States;
(3) inspection records that are required to be available to
the crewmembers on board the train, including air slips and
blue cards, are maintained in both English and Spanish, and
such records are available to the Federal Railroad
Administration for review; and
(4) the Federal Railroad Administration is permitted to
perform onsite inspections for the purpose of ensuring
compliance with the requirements of this subsection.
SEC. 417. RAILROAD BRIDGE SAFETY ASSURANCE.
(a) In General.--Not later than 12 months after the date of
enactment of this Act, the Secretary shall promulgate a
regulation requiring owners of track carried on one or
[[Page 21067]]
more railroad bridges to adopt a bridge safety management
program to prevent the deterioration of railroad bridges and
reduce the risk of human casualties, environmental damage,
and disruption to the Nation's railroad transportation system
that would result from a catastrophic bridge failure.
(b) Requirements.--The regulations shall, at a minimum,
require each track owner to--
(1) to develop and maintain an accurate inventory of its
railroad bridges, which shall identify the location of each
bridge, its configuration, type of construction, number of
spans, span lengths, and all other information necessary to
provide for the safe management of the bridges;
(2) to ensure that a professional engineer competent in the
field of railroad bridge engineering, or a qualified person
under the supervision of the track owner, determines bridge
capacity;
(3) to maintain, and update as appropriate, a record of the
safe capacity of each bridge which carries its track and, if
available, maintain the original design documents of each
bridge and a documentation of all repairs, modifications, and
inspections of the bridge;
(4) to develop, maintain, and enforce a written procedure
that will ensure that its bridges are not loaded beyond their
capacities;
(5) to conduct regular comprehensive inspections of each
bridge, at least once every year, and maintain records of
those inspections that include the date on which the
inspection was performed, the precise identification of the
bridge inspected, the items inspected, an accurate
description of the condition of those items, and a narrative
of any inspection item that is found by the inspector to be a
potential problem;
(6) to ensure that the level of detail and the inspection
procedures are appropriate to the configuration of the
bridge, conditions found during previous inspections, and the
nature of the railroad traffic moved over the bridge,
including car weights, train frequency and length, levels of
passenger and hazardous materials traffic, and vulnerability
of the bridge to damage;
(7) to ensure that an engineer who is competent in the
field of railroad bridge engineering--
(A) is responsible for the development of all inspection
procedures;
(B) reviews all inspection reports; and
(C) determines whether bridges are being inspected
according to the applicable procedures and frequency, and
reviews any items noted by an inspector as exceptions; and
(8) to designate qualified bridge inspectors or maintenance
personnel to authorize the operation of trains on bridges
following repairs, damage, or indications of potential
structural problems.
(c) Use of Bridge Management Programs Required.--The
Secretary shall instruct bridge experts to obtain copies of
the most recent bridge management programs of each railroad
within the expert's areas of responsibility, and require that
experts use those programs when conducting bridge
observations.
(d) Review of Data.--The Secretary shall establish a
program to periodically review bridge inspection and
maintenance data from railroad carrier bridge inspectors and
Federal Railroad Administration bridge experts.
SEC. 418. RAILROAD SAFETY INFRASTRUCTURE IMPROVEMENT GRANTS.
(a) In General.--Subchapter II of chapter 201, as amended
by section 413 of this division, is further amended by adding
at the end thereof the following:
``Sec. 20167. Railroad safety infrastructure improvement
grants
``(a) Grant Program.--The Secretary of Transportation shall
establish a grant program for safety improvements to railroad
infrastructure, including the acquisition, improvement, or
rehabilitation of intermodal or rail equipment or facilities,
including track, bridges, tunnels, yards, buildings,
passenger stations, facilities, and maintenance and repair
shops.
``(b) Eligibility.--Grants shall be made under this section
to eligible passenger and freight railroad carriers, and
State and local governments for projects described in
subsection (a). Grants shall also be made available to assist
a State or political subdivision thereof in establishing a
quiet zone pursuant to part 222 of title 49, Code of Federal
Regulations.
``(c) Considerations.--In awarding grants, the Secretary
shall consider, at a minimum--
``(1) the age and condition of the rail infrastructure of
the applicant;
``(2) the railroad carrier's safety record, including
accident and incident numbers and rates;
``(3) the volume of hazardous materials transported by the
railroad;
``(4) the operation of passenger trains over the railroad;
and
``(5) whether the railroad carrier has submitted a railroad
safety risk reduction program, as required by section 20156.
``(d) Matching Requirements.--Federal funds for any
eligible project under this section shall not exceed 50
percent of the total cost of such project.
``(e) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary of
Transportation $5,000,000 for each of fiscal years 2010
through 2013 to carry out this section. Amounts appropriated
pursuant to this subsection shall remain available until
expended.''.
(b) Conforming Amendment.--The chapter analysis for chapter
201, as amended by section 413 of this division, is amended
by inserting after the item relating to section 20166 the
following:
``20167. Railroad safety infrastructure improvement grants.''.
SEC. 419. PROMPT MEDICAL ATTENTION.
(a) In General.--Section 20109 is amended--
(1) by redesignating subsections (c) through (i) as
subsections (d) through (j), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Prompt Medical Attention.--
``(1) Prohibition.--A railroad carrier or person covered
under this section may not deny, delay, or interfere with the
medical or first aid treatment of an employee who is injured
during the course of employment. If transportation to a
hospital is requested by an employee who is injured during
the course of employment, the railroad shall promptly arrange
to have the injured employee transported to the nearest
hospital where the employee can receive safe and appropriate
medical care.
``(2) Discipline.--A railroad carrier or person covered
under this section may not discipline, or threaten discipline
to, an employee for requesting medical or first aid
treatment, or for following orders or a treatment plan of a
treating physician, except that a railroad carrier's refusal
to permit an employee to return to work following medical
treatment shall not be considered a violation of this section
if the refusal is pursuant to Federal Railroad Administration
medical standards for fitness of duty or, if there are no
pertinent Federal Railroad Administration standards, a
carrier's medical standards for fitness for duty. For
purposes of this paragraph, the term `discipline' means to
bring charges against a person in a disciplinary proceeding,
suspend, terminate, place on probation, or make note of
reprimand on an employee's record.''.
(b) Conforming Amendments.--Section 20109 is amended--
(1) in subsection (d), as redesignated by subsection (a) of
this section--
(A) by striking ``(a) or (b)'' in paragraph (1) and
inserting ``(a), (b), or (c)'';
(B) by striking ``(c)(1)'' in paragraph (2)(A)(i) and
inserting ``(d)(1)'';
(C) by striking ``(a) or (b)'' in paragraph (2)(A)(ii) and
inserting ``(a), (b), or (c)''; and
(2) in subsection (e), as so redesignated--
(A) by striking ``(c)'' in paragraph (1) and inserting
``(d)'';
(B) by striking ``(c)'' in paragraph (2) and inserting
``(d)'';
(C) by striking ``(c)(3)'' in paragraph (2) and inserting
``(d)(3)''; and
(D) by striking ``(c)'' in paragraph (3) and inserting
``(d)''.
SEC. 420. EMPLOYEE SLEEPING QUARTERS.
Section 21106 is amended--
(1) by inserting ``(a) In General.--'' before ``A railroad
carrier'';
(2) by striking ``sanitary and give those employees and
individuals an opportunity for rest free from the
interruptions caused by noise under the control of the
carrier;'' in paragraph (1) and inserting ``sanitary, give
those employees and individuals an opportunity for rest free
from the interruptions caused by noise under the control of
the carrier, and provide indoor toilet facilities, potable
water, and other features to protect the health of
employees;''; and
(3) by adding at the end the following:
``(b) Camp Cars.--Not later than December 31, 2009, any
railroad carrier that uses camp cars shall fully retrofit or
replace such cars in compliance with subsection (a).
``(c) Regulations.--Not later than April 1, 2010, the
Secretary of Transportation, in coordination with the
Secretary of Labor, shall prescribe regulations to implement
subsection (a)(1) to protect the safety and health of any
employees and individuals employed to maintain the right of
way of a railroad carrier that uses camp cars, which shall
require that all camp cars comply with those regulations by
December 31, 2010. In prescribing the regulations, the
Secretary shall assess the action taken by any railroad
carrier to fully retrofit or replace its camp cars pursuant
to this section.
``(d) Compliance and Enforcement.--The Secretary shall
determine whether a railroad carrier has fully retrofitted or
replaced a camp car pursuant to subsection (b) and shall
prohibit the use of any non-compliant camp car. The Secretary
may assess civil penalties pursuant to chapter 213 for
violations of this section.''.
TITLE V--RAIL PASSENGER DISASTER FAMILY ASSISTANCE
SEC. 501. ASSISTANCE BY NATIONAL TRANSPORTATION SAFETY BOARD
TO FAMILIES OF PASSENGERS INVOLVED IN RAIL
PASSENGER ACCIDENTS.
(a) In General.--Chapter 11 is amended by adding at the end
of subchapter III the following:
[[Page 21068]]
``Sec. 1139. Assistance to families of passengers involved in
rail passenger accidents
``(a) In General.--As soon as practicable after being
notified of a rail passenger accident within the United
States involving a rail passenger carrier and resulting in a
major loss of life, the Chairman of the National
Transportation Safety Board shall--
``(1) designate and publicize the name and phone number of
a director of family support services who shall be an
employee of the Board and shall be responsible for acting as
a point of contact within the Federal Government for the
families of passengers involved in the accident and a liaison
between the rail passenger carrier and the families; and
``(2) designate an independent nonprofit organization, with
experience in disasters and post trauma communication with
families, which shall have primary responsibility for
coordinating the emotional care and support of the families
of passengers involved in the accident.
``(b) Responsibilities of the Board.--The Board shall have
primary Federal responsibility for--
``(1) facilitating the recovery and identification of
fatally injured passengers involved in an accident described
in subsection (a); and
``(2) communicating with the families of passengers
involved in the accident as to the roles, with respect to the
accident and the post-accident activities, of--
``(A) the organization designated for an accident under
subsection (a)(2);
``(B) Government agencies; and
``(C) the rail passenger carrier involved.
``(c) Responsibilities of Designated Organization.--The
organization designated for an accident under subsection
(a)(2) shall have the following responsibilities with respect
to the families of passengers involved in the accident:
``(1) To provide mental health and counseling services, in
coordination with the disaster response team of the rail
passenger carrier involved.
``(2) To take such actions as may be necessary to provide
an environment in which the families may grieve in private.
``(3) To meet with the families who have traveled to the
location of the accident, to contact the families unable to
travel to such location, and to contact all affected families
periodically thereafter until such time as the organization,
in consultation with the director of family support services
designated for the accident under subsection (a)(1),
determines that further assistance is no longer needed.
``(4) To arrange a suitable memorial service, in
consultation with the families.
``(d) Passenger Lists.--
``(1) Requests for passenger lists.--
``(A) Requests by director of family support services.--It
shall be the responsibility of the director of family support
services designated for an accident under subsection (a)(1)
to request, as soon as practicable, from the rail passenger
carrier involved in the accident a list, which is based on
the best available information at the time of the request, of
the names of the passengers that were aboard the rail
passenger carrier's train involved in the accident. A rail
passenger carrier shall use reasonable efforts, with respect
to its unreserved trains, and passengers not holding
reservations on its other trains, to ascertain the names of
passengers aboard a train involved in an accident.
``(B) Requests by designated organization.--The
organization designated for an accident under subsection
(a)(2) may request from the rail passenger carrier involved
in the accident a list described in subparagraph (A).
``(2) Use of information.--Except as provided in subsection
(k), the director of family support services and the
organization may not release to any person information on a
list obtained under paragraph (1) but may provide information
on the list about a passenger to the family of the passenger
to the extent that the director of family support services or
the organization considers appropriate.
``(e) Continuing Responsibilities of the Board.--In the
course of its investigation of an accident described in
subsection (a), the Board shall, to the maximum extent
practicable, ensure that the families of passengers involved
in the accident--
``(1) are briefed, prior to any public briefing, about the
accident and any other findings from the investigation; and
``(2) are individually informed of and allowed to attend
any public hearings and meetings of the Board about the
accident.
``(f) Use of Rail Passenger Carrier Resources.--To the
extent practicable, the organization designated for an
accident under subsection (a)(2) shall coordinate its
activities with the rail passenger carrier involved in the
accident to facilitate the reasonable use of the resources of
the carrier.
``(g) Prohibited Actions.--
``(1) Actions to impede the board.--No person (including a
State or political subdivision thereof) may impede the
ability of the Board (including the director of family
support services designated for an accident under subsection
(a)(1)), or an organization designated for an accident under
subsection (a)(2), to carry out its responsibilities under
this section or the ability of the families of passengers
involved in the accident to have contact with one another.
``(2) Unsolicited communications.--No unsolicited
communication concerning a potential action or settlement
offer for personal injury or wrongful death may be made by an
attorney (including any associate, agent, employee, or other
representative of an attorney) or any potential party to the
litigation, including the railroad carrier or rail passenger
carrier, to an individual (other than an employee of the rail
passenger carrier) injured in the accident, or to a relative
of an individual involved in the accident, before the 45th
day following the date of the accident.
``(3) Prohibition on actions to prevent mental health and
counseling services.--No State or political subdivision
thereof may prevent the employees, agents, or volunteers of
an organization designated for an accident under subsection
(a)(2) from providing mental health and counseling services
under subsection (c)(1) in the 30-day period beginning on the
date of the accident. The director of family support services
designated for the accident under subsection (a)(1) may
extend such period for not to exceed an additional 30 days if
the director determines that the extension is necessary to
meet the needs of the families and if State and local
authorities are notified of the determination.
``(h) Definitions.--In this section:
``(1) Rail passenger accident.--The term `rail passenger
accident' means any rail passenger disaster resulting in a
major loss of life occurring in the provision of--
``(A) interstate intercity rail passenger transportation
(as such term is defined in section 24102); or
``(B) interstate or intrastate high-speed rail (as such
term is defined in section 26105) transportation,
regardless of its cause or suspected cause.
``(2) Rail passenger carrier.--The term `rail passenger
carrier' means a rail carrier providing--
``(A) interstate intercity rail passenger transportation
(as such term is defined in section 24102); or
``(B) interstate or intrastate high-speed rail (as such
term is defined in section 26105) transportation,
except that such term does not include a tourist, historic,
scenic, or excursion rail carrier.
``(3) Passenger.--The term `passenger' includes--
``(A) an employee of a rail passenger carrier aboard a
train;
``(B) any other person aboard the train without regard to
whether the person paid for the transportation, occupied a
seat, or held a reservation for the rail transportation; and
``(C) any other person injured or killed in a rail
passenger accident, as determined appropriate by the Board.
``(i) Limitation on Statutory Construction.--Nothing in
this section may be construed as limiting the actions that a
rail passenger carrier may take, or the obligations that a
rail passenger carrier may have, in providing assistance to
the families of passengers involved in a rail passenger
accident.
``(j) Relinquishment of Investigative Priority.--
``(1) General rule.--This section (other than subsection
(g)) shall not apply to a railroad passenger accident if the
Board has relinquished investigative priority under section
1131(a)(2)(B) and the Federal agency to which the Board
relinquished investigative priority is willing and able to
provide assistance to the victims and families of the
passengers involved in the accident.
``(2) Board assistance.--If this section does not apply to
a railroad passenger accident because the Board has
relinquished investigative priority with respect to the
accident, the Board shall assist, to the maximum extent
possible, the agency to which the Board has relinquished
investigative priority in assisting families with respect to
the accident.
``(k) Savings Clause.--Nothing in this section shall be
construed to abridge the authority of the Board or the
Secretary of Transportation to investigate the causes or
circumstances of any rail accident, including development of
information regarding the nature of injuries sustained and
the manner in which they were sustained for the purposes of
determining compliance with existing laws and regulations or
for identifying means of preventing similar injuries in the
future, or both.''.
(b) Conforming Amendment.--The chapter analysis for chapter
11 is amended by inserting after the item relating to section
1138 the following:
``1139. Assistance to families of passengers involved in rail passenger
accidents.''.
SEC. 502. RAIL PASSENGER CARRIER PLAN TO ASSIST FAMILIES OF
PASSENGERS INVOLVED IN RAIL PASSENGER
ACCIDENTS.
(a) In General.--Chapter 243 is amended by adding at the
end the following:
``Sec. 24316. Plans to address needs of families of
passengers involved in rail passenger accidents
``(a) Submission of Plan.--Not later than 6 months after
the date of the enactment of
[[Page 21069]]
the Rail Safety Improvement Act of 2008, a rail passenger
carrier shall submit to the Chairman of the National
Transportation Safety Board, the Secretary of Transportation,
and the Secretary of Homeland Security a plan for addressing
the needs of the families of passengers involved in any rail
passenger accident involving a rail passenger carrier
intercity train and resulting in a major loss of life.
``(b) Contents of Plans.--A plan to be submitted by a rail
passenger carrier under subsection (a) shall include, at a
minimum, the following:
``(1) A process by which a rail passenger carrier will
maintain and provide to the National Transportation Safety
Board, the Secretary of Transportation, and the Secretary of
Homeland Security immediately upon request, a list (which is
based on the best available information at the time of the
request) of the names of the passengers aboard the train
(whether or not such names have been verified), and will
periodically update the list. The plan shall include a
procedure, with respect to unreserved trains and passengers
not holding reservations on other trains, for the rail
passenger carrier to use reasonable efforts to ascertain the
names of passengers aboard a train involved in an accident.
``(2) A process for notifying the families of the
passengers, before providing any public notice of the names
of the passengers, either by utilizing the services of the
organization designated for the accident under section
1139(a)(2) of this title or the services of other suitably
trained individuals.
``(3) A plan for creating and publicizing a reliable, toll-
free telephone number within 4 hours after such an accident
occurs, and for providing staff, to handle calls from the
families of the passengers.
``(4) A process for providing the notice described in
paragraph (2) to the family of a passenger as soon as the
rail passenger carrier has verified that the passenger was
aboard the train (whether or not the names of all of the
passengers have been verified).
``(5) An assurance that, upon request of the family of a
passenger, the rail passenger carrier will inform the family
of whether the passenger's name appeared on any preliminary
passenger manifest for the train involved in the accident.
``(6) A process by which the family of each passenger will
be consulted about the disposition of all remains and
personal effects of the passenger within the control of the
rail passenger carrier and by which any possession of the
passenger within the control of the rail passenger carrier
(regardless of its condition)--
``(A) will be retained by the rail passenger carrier for at
least 18 months; and
``(B) will be returned to the family unless the possession
is needed for the accident investigation or any criminal
investigation.
``(7) A process by which the treatment of the families of
nonrevenue passengers will be the same as the treatment of
the families of revenue passengers.
``(8) An assurance that the rail passenger carrier will
provide adequate training to the employees and agents of the
carrier to meet the needs of survivors and family members
following an accident.
``(9) An assurance that the family of each passenger or
other person killed in the accident will be consulted about
construction by the rail passenger carrier of any monument to
the passengers, including any inscription on the monument.
``(10) An assurance that the rail passenger carrier will
work with any organization designated under section
1139(a)(2) of this title on an ongoing basis to ensure that
families of passengers receive an appropriate level of
services and assistance following each accident.
``(11) An assurance that the rail passenger carrier will
provide reasonable compensation to any organization
designated under section 1139(a)(2) of this title for
services provided by the organization.
``(c) Use of Information.--Neither the National
Transportation Safety Board, the Secretary of Transportation,
the Secretary of Homeland Security, nor a rail passenger
carrier may release to the public any personal information on
a list obtained under subsection (b)(1), but may provide
information on the list about a passenger to the passenger's
family members to the extent that the Board or a rail
passenger carrier considers appropriate.
``(d) Limitation on Statutory Construction.--
``(1) Rail passenger carriers.--Nothing in this section may
be construed as limiting the actions that a rail passenger
carrier may take, or the obligations that a rail passenger
carrier may have, in providing assistance to the families of
passengers involved in a rail passenger accident.
``(2) Investigational authority of board and secretary.--
Nothing in this section shall be construed to abridge the
authority of the Board or the Secretary of Transportation to
investigate the causes or circumstances of any rail accident,
including the development of information regarding the nature
of injuries sustained and the manner in which they were
sustained, for the purpose of determining compliance with
existing laws and regulations or identifying means of
preventing similar injuries in the future.
``(e) Limitation on Liability.--A rail passenger carrier
shall not be liable for damages in any action brought in a
Federal or State court arising out of the performance of the
rail passenger carrier in preparing or providing a passenger
list, or in providing information concerning a train
reservation, pursuant to a plan submitted by the rail
passenger carrier under subsection (b), unless such liability
was caused by conduct of the rail passenger carrier which was
grossly negligent or which constituted intentional
misconduct.
``(f) Definitions.--In this section, the terms `passenger'
and `rail passenger accident' have the meaning given those
terms by section 1139 of this title.
``(g) Funding.--Out of funds appropriated pursuant to
section 20117(a)(1)(A), there shall be made available to the
Secretary of Transportation $500,000 for fiscal year 2010 to
carry out this section. Amounts made available pursuant to
this subsection shall remain available until expended.''.
(b) Conforming Amendment.--The chapter analysis for chapter
243 is amended by inserting after the item relating to
section 24315 the following:
``24316.Plan to assist families of passengers involved in rail
passenger accidents.''.
SEC. 503. ESTABLISHMENT OF TASK FORCE.
(a) Establishment.--The Secretary, in cooperation with the
National Transportation Safety Board, organizations
potentially designated under section 1139(a)(2) of title 49,
United States Code, rail passenger carriers (as defined in
section 1139(h)(2) of title 49, United States Code), and
families which have been involved in rail accidents, shall
establish a task force consisting of representatives of such
entities and families, representatives of rail passenger
carrier employees, and representatives of such other entities
as the Secretary considers appropriate.
(b) Model Plan and Recommendations.--The task force
established pursuant to subsection (a) shall develop--
(1) a model plan to assist rail passenger carriers in
responding to passenger rail accidents;
(2) recommendations on methods to improve the timeliness of
the notification provided by passenger rail carriers to the
families of passengers involved in a passenger rail accident;
(3) recommendations on methods to ensure that the families
of passengers involved in a passenger rail accident who are
not citizens of the United States receive appropriate
assistance; and
(4) recommendations on methods to ensure that emergency
services personnel have as immediate and accurate a count of
the number of passengers onboard the train as possible.
(c) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall transmit a report
to the House of Representatives Committee on Transportation
and Infrastructure and the Senate Committee on Commerce,
Science, and Transportation containing the model plan and
recommendations developed by the task force under subsection
(b).
TITLE VI--CLARIFICATION OF FEDERAL JURISDICTION OVER SOLID WASTE
FACILITIES
SEC. 601. SHORT TITLE.
This title may be cited as the ``Clean Railroads Act of
2008''.
SEC. 602. CLARIFICATION OF GENERAL JURISDICTION OVER SOLID
WASTE TRANSFER FACILITIES.
Section 10501(c)(2) is amended to read as follows:
``(2) Except as provided in paragraph (3), the Board does
not have jurisdiction under this part over--
``(A) mass transportation provided by a local government
authority; or
``(B) a solid waste rail transfer facility as defined in
section 10908 of this title, except as provided under
sections 10908 and 10909 of this title.''.
SEC. 603. REGULATION OF SOLID WASTE RAIL TRANSFER FACILITIES.
(a) In General.--Chapter 109 is amended by adding at the
end thereof the following:
``Sec. 10908. Regulation of solid waste rail transfer
facilities
``(a) In General.--Each solid waste rail transfer facility
shall be subject to and shall comply with all applicable
Federal and State requirements, both substantive and
procedural, including judicial and administrative orders and
fines, respecting the prevention and abatement of pollution,
the protection and restoration of the environment, and the
protection of public health and safety, including laws
governing solid waste, to the same extent as required for any
similar solid waste management facility, as defined in
section 1004(29) of the Solid Waste Disposal Act (42 U.S.C.
6903(29)) that is not owned or operated by or on behalf of a
rail carrier, except as provided for in section 10909 of this
chapter.
``(b) Existing Facilities.--
``(1) State laws and standards.--Not later than 90 days
after the date of enactment of the Clean Railroads Act of
2008, a solid waste rail transfer facility operating as of
such date of enactment shall comply with
[[Page 21070]]
all Federal and State requirements pursuant to subsection (a)
other than those provisions requiring permits.
``(2) Permit requirements.--
``(A) State non-siting permits.--Any solid waste rail
transfer facility operating as of the date of enactment of
the Clean Railroads Act of 2008 that does not possess a
permit required pursuant to subsection (a), other than a
siting permit for the facility, as of the date of enactment
of the Clean Railroads Act of 2008 shall not be required to
possess any such permits in order to operate the facility--
``(i) if, within 180 days after such date of enactment, the
solid waste rail transfer facility has submitted, in good
faith, a complete application for all permits, except siting
permits, required pursuant to subsection (a) to the
appropriate permitting agency authorized to grant such
permits; and
``(ii) until the permitting agency has either approved or
denied the solid waste rail transfer facility's application
for each permit.
``(B) Siting permits and requirements.--A solid waste rail
transfer facility operating as of the date of enactment of
the Clean Railroads Act of 2008 that does not possess a State
siting permit required pursuant to subsection (a) as of such
date of enactment shall not be required to possess any siting
permit to continue to operate or comply with any State land
use requirements. The Governor of a State in which the
facility is located, or his or her designee, may petition the
Board to require the facility to apply for a land-use
exemption pursuant to section 10909 of this chapter. The
Board shall accept the petition, and the facility shall be
required to have a Board-issued land-use exemption in order
to continue to operate, pursuant to section 10909 of this
chapter.
``(c) Common Carrier Obligation.--No prospective or current
rail carrier customer may demand solid waste rail transfer
service from a rail carrier at a solid waste rail transfer
facility that does not already possess the necessary Federal
land-use exemption and State permits at the location where
service is requested.
``(d) Non-Waste Commodities.--Nothing in this section or
section 10909 of this chapter shall affect a rail carrier's
ability to conduct transportation-related activities with
respect to commodities other than solid waste.
``(e) Definitions.--
``(1) In general.--In this section:
``(A) Commercial and retail waste.--The term `commercial
and retail waste' means material discarded by stores,
offices, restaurants, warehouses, nonmanufacturing activities
at industrial facilities, and other similar establishments or
facilities.
``(B) Construction and demolition debris.--The term
`construction and demolition debris' means waste building
materials, packaging, and rubble resulting from construction,
remodeling, repair, and demolition operations on pavements,
houses, commercial buildings, and other structures.
``(C) Household waste.--The term `household waste' means
material discarded by residential dwellings, hotels, motels,
and other similar permanent or temporary housing
establishments or facilities.
``(D) Industrial waste.--The term `industrial waste' means
the solid waste generated by manufacturing and industrial and
research and development processes and operations, including
contaminated soil, nonhazardous oil spill cleanup waste and
dry nonhazardous pesticides and chemical waste, but does not
include hazardous waste regulated under subtitle C of the
Solid Waste Disposal Act (42 U.S.C. 6921 et seq.), mining or
oil and gas waste.
``(E) Institutional waste.--The term `institutional waste'
means material discarded by schools, nonmedical waste
discarded by hospitals, material discarded by
nonmanufacturing activities at prisons and government
facilities, and material discarded by other similar
establishments or facilities.
``(F) Municipal solid waste.--The term `municipal solid
waste' means--
``(i) household waste;
``(ii) commercial and retail waste; and
``(iii) institutional waste.
``(G) Solid waste.--With the exception of waste generated
by a rail carrier during track, track structure, or right-of-
way construction, maintenance, or repair (including railroad
ties and line-side poles) or waste generated as a result of a
railroad accident, incident, or derailment, the term `solid
waste' means--
``(i) construction and demolition debris;
``(ii) municipal solid waste;
``(iii) household waste;
``(iv) commercial and retail waste;
``(v) institutional waste;
``(vi) sludge;
``(vii) industrial waste; and
``(viii) other solid waste, as determined appropriate by
the Board.
``(H) Solid waste rail transfer facility.--The term `solid
waste rail transfer facility'--
``(i) means the portion of a facility owned or operated by
or on behalf of a rail carrier (as defined in section 10102
of this title) where solid waste, as a commodity to be
transported for a charge, is collected, stored, separated,
processed, treated, managed, disposed of, or transferred,
when the activity takes place outside of original shipping
containers; but
``(ii) does not include--
``(I) the portion of a facility to the extent that
activities taking place at such portion are comprised solely
of the railroad transportation of solid waste after the solid
waste is loaded for shipment on or in a rail car, including
railroad transportation for the purpose of interchanging
railroad cars containing solid waste shipments; or
``(II) a facility where solid waste is solely transferred
or transloaded from a tank truck directly to a rail tank car.
``(I) Sludge.--The term `sludge' means any solid, semi-
solid or liquid waste generated from a municipal, commercial,
or industrial wastewater treatment plant, water supply
treatment plant, or air pollution control facility exclusive
of the treated effluent from a wastewater treatment plant.
``(2) Exceptions.--Notwithstanding paragraph (1), the terms
`household waste', `commercial and retail waste', and
`institutional waste' do not include--
``(A) yard waste and refuse-derived fuel;
``(B) used oil;
``(C) wood pallets;
``(D) clean wood;
``(E) medical or infectious waste; or
``(F) motor vehicles (including motor vehicle parts or
vehicle fluff).
``(3) State requirements.--In this section the term `State
requirements' does not include the laws, regulations,
ordinances, orders, or other requirements of a political
subdivision of a State, including a locality or municipality,
unless a State expressly delegates such authority to such
political subdivision.''.
(b) Conforming Amendment.--The chapter analysis for chapter
109 is amended by inserting after the item relating to
section 10907 the following:
``10908. Regulation of solid waste rail transfer facilities.''.
SEC. 604. SOLID WASTE RAIL TRANSFER FACILITY LAND-USE
EXEMPTION AUTHORITY.
(a) In General.--Chapter 109 is further amended by adding
at the end thereof the following:
``Sec. 10909. Solid waste rail transfer facility land-use
exemption
``(a) Authority.--The Board may issue a land-use exemption
for a solid waste rail transfer facility that is or is
proposed to be operated by or on behalf of a rail carrier
if--
``(1) the Board finds that a State, local, or municipal
law, regulation, order, or other requirement affecting the
siting of such facility unreasonably burdens the interstate
transportation of solid waste by railroad, discriminates
against the railroad transportation of solid waste and a
solid waste rail transfer facility, or a rail carrier that
owns or operates such a facility petitions the Board for such
an exemption; or
``(2) the Governor of a State in which a facility that is
operating as of the date of enactment of the Clean Railroads
Act of 2008 is located, or his or her designee, petitions the
Board to initiate a permit proceeding for that particular
facility.
``(b) Land-Use Exemption Procedures.--Not later than 90
days after the date of enactment of the Clean Railroad Act of
2008, the Board shall publish procedures governing the
submission and review of applications for solid waste rail
transfer facility land-use exemptions. At a minimum, the
procedures shall address--
``(1) the information that each application should contain
to explain how the solid waste rail transfer facility will
not pose an unreasonable risk to public health, safety, or
the environment;
``(2) the opportunity for public notice and comment
including notification of the municipality, the State, and
any relevant Federal or State regional planning entity in the
jurisdiction of which the solid waste rail transfer facility
is proposed to be located;
``(3) the timeline for Board review, including a
requirement that the Board approve or deny an exemption
within 90 days after the full record for the application is
developed;
``(4) the expedited review timelines for petitions for
modifications, amendments, or revocations of granted
exemptions;
``(5) the process for a State to petition the Board to
require a solid waste transfer facility or a rail carrier
that owns or operates such a facility to apply for a siting
permit; and
``(6) the process for a solid waste transfer facility or a
rail carrier that owns or operates such a facility to
petition the Board for a land-use exemption.
``(c) Standard for Review.--
``(1) The Board may only issue a land-use exemption if it
determines that the facility at the existing or proposed
location does not pose an unreasonable risk to public health,
safety, or the environment. In deciding whether a solid waste
rail transfer facility that is or proposed to be constructed
or operated by or on behalf of a rail carrier poses an
unreasonable risk to public health, safety, or the
environment, the Board shall weigh the particular facility's
potential benefits to and the adverse impacts on public
health, public safety, the environment, interstate commerce,
and transportation of solid waste by rail.
``(2) The Board may not grant a land-use exemption for a
solid waste rail transfer facility proposed to be located on
land within any unit of or land affiliated with the National
Park System, the National Wildlife
[[Page 21071]]
Refuge System, the National Wilderness Preservation System,
the National Trails System, the National Wild and Scenic
Rivers System, a National Reserve, a National Monument, or
lands referenced in Public Law 108-421 for which a State has
implemented a conservation management plan, if operation of
the facility would be inconsistent with restrictions placed
on such land.
``(d) Considerations.--When evaluating an application under
this section, the Board shall consider and give due weight to
the following, as applicable:
``(1) the land-use, zoning, and siting regulations or solid
waste planning requirements of the State or State subdivision
in which the facility is or will be located that are
applicable to solid waste transfer facilities, including
those that are not owned or operated by or on behalf of a
rail carrier;
``(2) the land-use, zoning, and siting regulations or solid
waste planning requirements applicable to the property where
the solid waste rail transfer facility is proposed to be
located;
``(3) regional transportation planning requirements
developed pursuant to Federal and State law;
``(4) regional solid waste disposal plans developed
pursuant to State or Federal law;
``(5) any Federal and State environmental protection laws
or regulations applicable to the site;
``(6) any unreasonable burdens imposed on the interstate
transportation of solid waste by railroad, or the potential
for discrimination against the railroad transportation of
solid waste, a solid waste rail transfer facility, or a rail
carrier that owns or operates such a facility; and
``(7) any other relevant factors, as determined by the
Board.
``(e) Existing Facilities.--Upon the granting of petition
from the State in which a solid waste rail transfer facility
is operating as of the date of enactment of the Clean
Railroads Act of 2008 by the Board, the facility shall submit
a complete application for a siting permit to the Board
pursuant to the procedures issued pursuant to subsection (b).
No State may enforce a law, regulation, order, or other
requirement affecting the siting of a facility that is
operating as of the date of enactment of the Clean Railroads
Act of 2008 until the Board has approved or denied a permit
pursuant to subsection (c).
``(f) Effect of Land-Use Exemption.--If the Board grants a
land-use exemption to a solid waste rail transfer facility,
all State laws, regulations, orders, or other requirements
affecting the siting of a facility are preempted with regard
to that facility. An exemption may require compliance with
such State laws, regulations, orders, or other requirements.
``(g) Injunctive Relief.--Nothing in this section precludes
a person from seeking an injunction to enjoin a solid waste
rail transfer facility from being constructed or operated by
or on behalf of a rail carrier if that facility has
materially violated, or will materially violate, its land-use
exemption or if it failed to receive a valid land-use
exemption under this section.
``(h) Fees.--The Board may charge permit applicants
reasonable fees to implement this section, including the
costs of third-party consultants.
``(i) Definitions.--In this section the terms `solid
waste', `solid waste rail transfer facility', and `State
requirements' have the meaning given such terms in section
10908(e).''.
(b) Conforming Amendment.--The chapter analysis for chapter
109, as amended by section 603 of this division, is amended
by inserting after the item relating to section 10908 the
following:
``10909. Solid waste rail transfer facility land-use exemption.''.
SEC. 605. EFFECT ON OTHER STATUTES AND AUTHORITIES.
(a) In General.--Chapter 109, as amended by section 604, is
further amended by adding at the end thereof the following:
``Sec. 10910. Effect on other statutes and authorities
``Nothing in section 10908 or 10909 is intended to affect
the traditional police powers of the State to require a rail
carrier to comply with State and local environmental, public
health, and public safety standards that are not unreasonably
burdensome to interstate commerce and do not discriminate
against rail carriers.''.
(b) Conforming Amendment.--The chapter analysis for chapter
109, as amended by section 604 of this division, is amended
by inserting after the item relating to section 10909 the
following:
``10910. Effect on other statutes and authorities.''.
TITLE VII--TECHNICAL CORRECTIONS
SEC. 701. TECHNICAL CORRECTIONS.
(a) Limitations on Financial Assistance.--Section 22106 is
amended--
(1) by striking the second sentence of subsection (a);
(2) by striking subsection (b) and inserting the following:
``(b) State Use of Repaid Funds and Contingent Interest
Recoveries.--The State shall place the United States
Government's share of money that is repaid and any contingent
interest that is recovered in an interest-bearing account.
The repaid money, contingent interest, and any interest
thereof shall be considered to be State funds. The State
shall use such funds to make other grants and loans,
consistent with the purposes for which financial assistance
may be used under subsection (a), as the State considers to
be appropriate.''; and
(3) by striking subsections (c) and (e) and redesignating
subsection (d) as subsection (c).
(b) Grants for Class II and III Railroads.--Section
22301(a)(1)(A)(iii) is amended by striking ``and'' and
inserting ``or''.
(c) Rail Transportation of Renewable Fuel Study.--Section
245(a)(1) of the Energy Independence and Security Act of 2007
is amended by striking ``Secretary, in coordination with the
Secretary of Transportation,'' and inserting ``Secretary and
the Secretary of Transportation''.
(d) Motor Carrier Definition.--
Section 14504a is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by inserting
``(except as provided in paragraph (5))'' after ``14506'';
(B) in paragraph (1), by striking subparagraph (A) and
inserting the following:
``(A) In general.--Except as provided in subparagraph (B),
the term `commercial motor vehicle'--
``(i) for calendar years 2008 and 2009, has the meaning
given the term in section 31101; and
``(ii) for years beginning after December 31, 2009, means a
self-propelled vehicle described in section 31101.''; and
(C) by striking paragraph (5) and inserting the following:
``(5) Motor carrier.--
``(A) This section.--In this section:
``(i) In general.--The term `motor carrier' includes all
carriers that are otherwise exempt from this part--
``(I) under subchapter I of chapter 135; or
``(II) through exemption actions by the former Interstate
Commerce Commission under this title.
``(ii) Exclusions.--In this section, the term `motor
carrier' does not include--
``(I) any carrier subject to section 13504; or
``(II) any other carrier that the board of directors of the
unified carrier registration plan determines to be
appropriate pursuant to subsection (d)(4)(C).
``(B) Section 14506.--In section 14506, the term `motor
carrier' includes all carriers that are otherwise exempt from
this part--
``(i) under subchapter I of chapter 135; or
``(ii) through exemption actions by the former Interstate
Commerce Commission under this title.''; and
(2) in subsection (d)(4)(C), by inserting before the period
at the end the following: ``, except that a decision to
approve the exclusion of carriers from the definition of the
term `motor carrier' under subsection (a)(5) shall require an
affirmative vote of \3/4\ of all such directors.''.
(e) Extension of Loan Period.--Section 502(g)(1) of the
Railroad Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 822(g)(1)) is amended by striking ``25 years'' and
inserting ``35 years''.
DIVISION B--AMTRAK
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the
``Passenger Rail Investment and Improvement Act of 2008''.
(b) Table of Contents.--The table of contents for this
division is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Amendment of title 49, United States Code.
Sec. 3. Definition.
TITLE I--AUTHORIZATIONS
Sec. 101. Authorization for Amtrak capital and operating expenses.
Sec. 102. Repayment of long-term debt and capital leases.
Sec. 103. Authorization for the Federal Railroad Administration.
TITLE II--AMTRAK REFORM AND OPERATIONAL IMPROVEMENTS
Sec. 201. National railroad passenger transportation system defined.
Sec. 202. Amtrak board of directors.
Sec. 203. Establishment of improved financial accounting system.
Sec. 204. Development of 5-year financial plan.
Sec. 205. Restructuring long-term debt and capital leases.
Sec. 206. Establishment of grant process.
Sec. 207. Metrics and standards.
Sec. 208. Methodologies for Amtrak route and service planning
decisions.
Sec. 209. State-supported routes.
Sec. 210. Long-distance routes.
Sec. 211. Northeast Corridor state-of-good-repair plan.
Sec. 212. Northeast Corridor infrastructure and operations
improvements.
Sec. 213. Passenger train performance.
Sec. 214. Alternate passenger rail service pilot program.
Sec. 215. Employee transition assistance.
Sec. 216. Special passenger trains.
Sec. 217. Access to Amtrak equipment and services.
Sec. 218. General Amtrak provisions.
Sec. 219. Study of compliance requirements at existing intercity rail
stations.
[[Page 21072]]
Sec. 220. Oversight of Amtrak's compliance with accessibility
requirements.
Sec. 221. Amtrak management accountability.
Sec. 222. On-board service improvements.
Sec. 223. Incentive pay.
Sec. 224. Passenger rail service studies.
Sec. 225. Report on service delays on certain passenger rail routes.
Sec. 226. Plan for restoration of service.
Sec. 227. Maintenance and repair facility utilization study.
Sec. 228. Sense of the Congress regarding the need to maintain Amtrak
as a national passenger rail system.
TITLE III--INTERCITY PASSENGER RAIL POLICY
Sec. 301. Capital assistance for intercity passenger rail service.
Sec. 302. Congestion grants.
Sec. 303. State rail plans.
Sec. 304. Tunnel project.
Sec. 305. Next generation corridor train equipment pool.
Sec. 306. Rail cooperative research program.
Sec. 307. Federal rail policy.
TITLE IV--MISCELLANEOUS PROVISIONS
Sec. 401. Commuter rail mediation.
Sec. 402. Routing efficiency discussions with Amtrak.
Sec. 403. Sense of Congress regarding commuter rail expansion.
Sec. 404. Locomotive biofuel study.
Sec. 405. Study of the use of biobased technologies.
Sec. 406. Cross-border passenger rail service.
Sec. 407. Historic preservation of railroads.
TITLE V--HIGH-SPEED RAIL
Sec. 501. High-speed rail corridor program.
Sec. 502. Additional high-speed rail projects.
TITLE VI--CAPITAL AND PREVENTIVE MAINTENANCE PROJECTS FOR WASHINGTON
METROPOLITAN AREA TRANSIT AUTHORITY
Sec. 601. Authorization for capital and preventive maintenance projects
for Washington Metropolitan Area Transit Authority.
SEC. 2. AMENDMENT OF TITLE 49, UNITED STATES CODE.
Except as otherwise specifically provided, whenever in this
division an amendment is expressed in terms of an amendment
to a section or other provision of law, the reference shall
be considered to be made to a section or other provision of
title 49, United States Code.
SEC. 3. DEFINITION.
In this division, the term ``Secretary'' means the
Secretary of Transportation.
TITLE I--AUTHORIZATIONS
SEC. 101. AUTHORIZATION FOR AMTRAK CAPITAL AND OPERATING
EXPENSES.
(a) Operating Grants.--There are authorized to be
appropriated to the Secretary for the use of Amtrak for
operating costs the following amounts:
(1) For fiscal year 2009, $530,000,000.
(2) For fiscal year 2010, $580,000,000.
(3) For fiscal year 2011, $592,000,000.
(4) For fiscal year 2012, $616,000,000.
(5) For fiscal year 2013, $631,000,000.
(b) Inspector General.--There are authorized to be
appropriated to the Secretary for the Office of the Inspector
General of Amtrak the following amounts:
(1) For fiscal year 2009, $20,000,000.
(2) For fiscal year 2010, $21,000,000.
(3) For fiscal year 2011, $22,000,000.
(4) For fiscal year 2012, $22,000,000.
(5) For fiscal year 2013, $23,000,000.
(c) Capital Grants.--There are authorized to be
appropriated to the Secretary for the use of Amtrak for
capital projects (as defined in subparagraphs (A) and (B) of
section 24401(2) of title 49, United States Code) to bring
the Northeast Corridor (as defined in section 24102 of such
title) to a state-of-good-repair and for capital expenses of
the national rail passenger transportation system the
following amounts:
(1) For fiscal year 2009, $715,000,000.
(2) For fiscal year 2010, $975,000,000.
(3) For fiscal year 2011, $1,025,000,000.
(4) For fiscal year 2012, $1,275,000,000.
(5) For fiscal year 2013, $1,325,000,000.
(d) Project Management Oversight.--The Secretary may
withhold up to \1/2\ of 1 percent of amounts appropriated
pursuant to subsection (c) for the costs of project
management oversight of capital projects carried out by
Amtrak.
SEC. 102. REPAYMENT OF LONG-TERM DEBT AND CAPITAL LEASES.
(a) Principal and Interest on Debt Service.--There are
authorized to be appropriated to the Secretary for the use of
Amtrak for retirement of principal and payment of interest on
loans for capital equipment, or capital leases, not more than
the following amounts:
(1) For fiscal year 2009, $285,000,000.
(2) For fiscal year 2010, $264,000,000.
(3) For fiscal year 2011, $288,000,000.
(4) For fiscal year 2012, $290,000,000.
(5) For fiscal year 2013, $277,000,000.
(b) Early Buyout Option.--There are authorized to be
appropriated to the Secretary such sums as may be necessary
for the use of Amtrak for the payment of costs associated
with early buyout options if the exercise of those options is
determined to be advantageous to Amtrak.
(c) Legal Effect of Payments Under This Section.--The
payment of principal and interest on secured debt, with the
proceeds of grants authorized by this section shall not--
(1) modify the extent or nature of any indebtedness of
Amtrak to the United States in existence as of the date of
enactment of this Act;
(2) change the private nature of Amtrak's or its
successors' liabilities; or
(3) imply any Federal guarantee or commitment to amortize
Amtrak's outstanding indebtedness.
SEC. 103. AUTHORIZATION FOR THE FEDERAL RAILROAD
ADMINISTRATION.
There are authorized to be appropriated to the Secretary
for the use of the Federal Railroad Administration such sums
as necessary to implement the provisions required under this
division for fiscal years 2009 through 2013.
TITLE II--AMTRAK REFORM AND OPERATIONAL IMPROVEMENTS
SEC. 201. NATIONAL RAILROAD PASSENGER TRANSPORTATION SYSTEM
DEFINED.
(a) In General.--Section 24102 is amended--
(1) by striking paragraph (2);
(2) by redesignating paragraphs (3), (4), and (5) as
paragraphs (2), (3), and (4), respectively; and
(3) by inserting after paragraph (4) as so redesignated the
following:
``(5) `national rail passenger transportation system'
means--
``(A) the segment of the continuous Northeast Corridor
railroad line between Boston, Massachusetts, and Washington,
District of Columbia;
``(B) rail corridors that have been designated by the
Secretary of Transportation as high-speed rail corridors
(other than corridors described in subparagraph (A)), but
only after regularly scheduled intercity service over a
corridor has been established;
``(C) long-distance routes of more than 750 miles between
endpoints operated by Amtrak as of the date of enactment of
the Passenger Rail Investment and Improvement Act of 2008;
and
``(D) short-distance corridors, or routes of not more than
750 miles between endpoints, operated by--
``(i) Amtrak; or
``(ii) another rail carrier that receives funds under
chapter 244.''.
(b) Amtrak Routes With State Funding.--
(1) In general.--Chapter 247 is amended by inserting after
section 24701 the following:
``Sec. 24702. Transportation requested by States,
authorities, and other persons
``(a) Contracts for Transportation.--Amtrak may enter into
a contract with a State, a regional or local authority, or
another person for Amtrak to operate an intercity rail
service or route not included in the national rail passenger
transportation system upon such terms as the parties thereto
may agree.
``(b) Discontinuance.--Upon termination of a contract
entered into under this section, or the cessation of
financial support under such a contract by either party,
Amtrak may discontinue such service or route, notwithstanding
any other provision of law.''.
(2) Conforming amendment.--The chapter analysis for chapter
247 is amended by inserting after the item relating to
section 24701 the following:
``24702. Transportation requested by States, authorities, and other
persons''.
(c) Amtrak To Continue To Provide Non-High-Speed
Services.--Nothing in this division is intended to preclude
Amtrak from restoring, improving, or developing non-high-
speed intercity passenger rail service.
(d) Applicability of Section 24706.--Section 24706 is
amended by adding at the end the following:
``(c) Applicability.--This section applies to all service
over routes provided by Amtrak, notwithstanding any provision
of section 24701 of this title or any other provision of this
title except section 24702(b).''.
(e) Amtrak's Mission.--
(1) Amendments.--Section 24101 is amended--
(A) by striking ``purpose'' in the section heading and
inserting ``mission'';
(B) by striking subsection (b) and inserting the following:
``(b) Mission.--The mission of Amtrak is to provide
efficient and effective intercity passenger rail mobility
consisting of high quality service that is trip-time
competitive with other intercity travel options and that is
consistent with the goals of subsection (d).'';
(C) by redesignating paragraphs (9) through (11) in
subsection (c) as paragraphs (10) through (12), respectively,
and inserting after paragraph (8) the following:
``(9) provide additional or complementary intercity
transportation service to ensure mobility in times of
national disaster or other instances where other travel
options are not adequately available;''; and
(D) in subsection (d), by striking ``subsection (c)(11)''
and inserting ``subsection (c)(12)''.
(2) Conforming Amendment.--The chapter analysis for chapter
241 is amended by striking the item relating to section 24101
and inserting the following:
``24101. Findings, mission, and goals.''.
[[Page 21073]]
SEC. 202. AMTRAK BOARD OF DIRECTORS.
(a) In General.--Section 24302 is amended to read as
follows:
``Sec. 24302. Board of directors
``(a) Composition and Terms.--
``(1) The Amtrak Board of Directors (referred to in this
section as the `Board') is composed of the following 9
directors, each of whom must be a citizen of the United
States:
``(A) The Secretary of Transportation.
``(B) The President of Amtrak.
``(C) 7 individuals appointed by the President of the
United States, by and with the advice and consent of the
Senate, with general business and financial experience,
experience or qualifications in transportation, freight and
passenger rail transportation, travel, hospitality, cruise
line, or passenger air transportation businesses, or
representatives of employees or users of passenger rail
transportation or a State government.
``(2) In selecting individuals described in paragraph (1)
for nominations for appointments to the Board, the President
shall consult with the Speaker of the House of
Representatives, the minority leader of the House of
Representatives, the majority leader of the Senate, and the
minority leader of the Senate and try to provide adequate and
balanced representation of the major geographic regions of
the United States served by Amtrak.
``(3) An individual appointed under paragraph (1)(C) of
this subsection shall be appointed for a term of 5 years.
Such term may be extended until the individual's successor is
appointed and qualified. Not more than 5 individuals
appointed under paragraph (1)(C) may be members of the same
political party.
``(4) The Board shall elect a chairman and a vice chairman,
other than the President of Amtrak, from among its
membership. The vice chairman shall serve as chairman in the
absence of the chairman.
``(5) The Secretary may be represented at Board meetings by
the Secretary's designee.
``(b) Pay and Expenses.--Each director not employed by the
United States Government or Amtrak is entitled to reasonable
pay when performing Board duties. Each director not employed
by the United States Government is entitled to reimbursement
from Amtrak for necessary travel, reasonable secretarial and
professional staff support, and subsistence expenses incurred
in attending Board meetings.
``(c) Travel.--(1) Each director not employed by the United
States Government shall be subject to the same travel and
reimbursable business travel expense policies and guidelines
that apply to Amtrak's executive management when performing
Board duties.
``(2) Not later than 60 days after the end of each fiscal
year, the Board shall submit a report describing all travel
and reimbursable business travel expenses paid to each
director when performing Board duties to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
``(3) The report submitted under paragraph (2) shall
include a detailed justification for any travel or
reimbursable business travel expense that deviates from
Amtrak's travel and reimbursable business travel expense
policies and guidelines.
``(d) Vacancies.--A vacancy on the Board is filled in the
same way as the original selection, except that an individual
appointed by the President of the United States under
subsection (a)(1)(C) of this section to fill a vacancy
occurring before the end of the term for which the
predecessor of that individual was appointed is appointed for
the remainder of that term. A vacancy required to be filled
by appointment under subsection (a)(1)(C) must be filled not
later than 120 days after the vacancy occurs.
``(e) Quorum.--A majority of the members serving shall
constitute a quorum for doing business.
``(f) Bylaws.--The Board may adopt and amend bylaws
governing the operation of Amtrak. The bylaws shall be
consistent with this part and the articles of
incorporation.''.
(b) Effective Date for Directors' Provision.--The amendment
made by subsection (a) shall take effect 6 months after the
date of enactment of this Act. The members of the Amtrak
Board of Directors serving as of the date of enactment of
this Act may continue to serve for the remainder of the term
to which they were appointed.
SEC. 203. ESTABLISHMENT OF IMPROVED FINANCIAL ACCOUNTING
SYSTEM.
(a) In General.--The Amtrak Board of Directors--
(1) may employ an independent financial consultant with
experience in railroad accounting to assist Amtrak in
improving Amtrak's financial accounting and reporting system
and practices;
(2) shall implement a modern financial accounting and
reporting system not later than 3 years after the date of
enactment of this Act; and
(3) shall, not later than 90 days after the end of each
fiscal year through fiscal year 2013--
(A) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a comprehensive report that allocates all of Amtrak's
revenues and costs to each of its routes, each of its lines
of business, and each major activity within each route and
line of business activity, including--
(i) train operations;
(ii) equipment maintenance;
(iii) food service;
(iv) sleeping cars;
(v) ticketing;
(vi) reservations; and
(vii) unallocated fixed overhead costs;
(B) include the report described in subparagraph (A) in
Amtrak's annual report; and
(C) post such report on Amtrak's website.
(b) Verification of System; Report.--The Inspector General
of the Department of Transportation shall review the
accounting system designed and implemented under subsection
(a) to ensure that it accomplishes the purposes for which it
is intended. The Inspector General shall report his or her
findings and conclusions, together with any recommendations,
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
(c) Categorization of Revenues and Expenses.--In carrying
out subsection (a), the Amtrak Board of Directors shall
separately categorize assigned revenues and attributable
expenses by type of service, including long-distance routes,
State-sponsored routes, commuter contract routes, and
Northeast Corridor routes.
SEC. 204. DEVELOPMENT OF 5-YEAR FINANCIAL PLAN.
(a) Development of 5-Year Financial Plan.--The Amtrak Board
of Directors shall submit an annual budget and business plan
for Amtrak, and a 5-year financial plan for the fiscal year
to which that budget and business plan relate and the
subsequent 4 years, prepared in accordance with this section,
to the Secretary and the Inspector General of the Department
of Transportation no later than--
(1) the first day of each fiscal year beginning after the
date of enactment of this Act; or
(2) the date that is 60 days after the date of enactment of
an appropriations Act for the fiscal year, if later.
(b) Contents of 5-Year Financial Plan.--The 5-year
financial plan for Amtrak shall include, at a minimum--
(1) all projected revenues and expenditures for Amtrak,
including governmental funding sources;
(2) projected ridership levels for all Amtrak passenger
operations;
(3) revenue and expenditure forecasts for non-passenger
operations;
(4) capital funding requirements and expenditures necessary
to maintain passenger service in order to accommodate
predicted ridership levels and predicted sources of capital
funding;
(5) operational funding needs, if any, to maintain current
and projected levels of passenger service, including State-
supported routes and predicted funding sources;
(6) projected capital and operating requirements,
ridership, and revenue for any new passenger service
operations or service expansions;
(7) an assessment of the continuing financial stability of
Amtrak, as indicated by factors such as anticipated Federal
funding of capital and operating costs, Amtrak's ability to
efficiently recruit, retain, and manage its workforce, and
Amtrak's ability to effectively provide passenger rail
service;
(8) estimates of long-term and short-term debt and
associated principal and interest payments (both current and
anticipated);
(9) annual cash flow forecasts;
(10) a statement describing methods of estimation and
significant assumptions;
(11) specific measures that demonstrate measurable
improvement year over year in the financial results of
Amtrak's operations;
(12) prior fiscal year and projected operating ratio, cash
operating loss, and cash operating loss per passenger on a
route, business line, and corporate basis;
(13) prior fiscal year and projected specific costs and
savings estimates resulting from reform initiatives;
(14) prior fiscal year and projected labor productivity
statistics on a route, business line, and corporate basis;
(15) prior fiscal year and projected equipment reliability
statistics; and
(16) capital and operating expenditures for anticipated
security needs.
(c) Standards To Promote Financial Stability.--In meeting
the requirements of subsection (b), Amtrak shall--
(1) apply sound budgetary practices, including reducing
costs and other expenditures, improving productivity,
increasing revenues, or combinations of such practices;
(2) use the categories specified in the financial
accounting and reporting system developed under section 203
when preparing its 5-year financial plan; and
(3) ensure that the plan is consistent with the
authorizations of appropriations under title I of this
division.
(d) Review by DOT Inspector General.--Within 60 days after
their submission by Amtrak, the Inspector General of the
Department of Transportation shall review the annual budget
and the 5-year financial plans
[[Page 21074]]
prepared by Amtrak under this section to determine whether
they meet the requirements of subsection (b) and shall
furnish any relevant findings to the Committee on
Transportation and Infrastructure of the House of
Representatives, the Committee on Appropriations of the House
of Representatives, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on
Appropriations of the Senate.
SEC. 205. RESTRUCTURING LONG-TERM DEBT AND CAPITAL LEASES.
(a) In General.--The Secretary of the Treasury, in
consultation with the Secretary and Amtrak, may make
agreements to restructure Amtrak's indebtedness as of the
date of enactment of this Act. This authorization expires 2
years after the date of enactment of this Act.
(b) Debt Restructuring.--The Secretary of the Treasury, in
consultation with the Secretary and Amtrak, shall enter into
negotiations with the holders of Amtrak debt, including
leases, outstanding as of the date of enactment of this Act
for the purpose of restructuring (including repayment) and
repaying that debt. The Secretary of the Treasury may secure
agreements for restructuring or repayment on such terms as
the Secretary of the Treasury deems favorable to the
interests of the United States Government.
(c) Criteria.--In restructuring Amtrak's indebtedness, the
Secretary of the Treasury and Amtrak--
(1) shall take into consideration repayment costs, the term
of any loan or loans, and market conditions; and
(2) shall ensure that the restructuring results in
significant savings to Amtrak and the United States
Government.
(d) Payment of Renegotiated Debt.--If the criteria under
subsection (c) are met, the Secretary of the Treasury may
assume or repay the restructured debt, as appropriate.
(e) Amtrak Principal and Interest Payments.--
(1) Principal on debt service.--Unless the Secretary of the
Treasury makes sufficient payments to creditors under
subsection (d) so that Amtrak is required to make no payments
to creditors in a fiscal year, the Secretary shall use funds
authorized by section 102 of this division for the use of
Amtrak for retirement of principal or payment of interest on
loans for capital equipment, or capital leases.
(2) Reductions in authorization levels.--Whenever action
taken by the Secretary of the Treasury under subsection (a)
results in reductions in amounts of principal or interest
that Amtrak must service on existing debt, the corresponding
amounts authorized by section 102 shall be reduced
accordingly.
(f) Legal Effect of Payments Under This Section.--The
payment of principal and interest on secured debt, other than
debt assumed under subsection (d), with the proceeds of
grants under subsection (e) shall not--
(1) modify the extent or nature of any indebtedness of
Amtrak to the United States in existence as of the date of
enactment of this Act;
(2) change the private nature of Amtrak's or its
successors' liabilities; or
(3) imply any Federal guarantee or commitment to amortize
Amtrak's outstanding indebtedness.
(g) Secretary Approval.--Amtrak may not incur more debt
after the date of enactment of this Act without the express
advance approval of the Secretary.
(h) Report.--The Secretary of the Treasury shall transmit a
report to the Committee on Transportation and Infrastructure
of the House of Representatives, the Committee on
Appropriations of the House of Representatives, the Committee
on Commerce, Science, and Transportation of the Senate, and
the Committee on Appropriations of the Senate, by June 1,
2010--
(1) describing in detail any agreements to restructure the
Amtrak debt; and
(2) providing an estimate of the savings to Amtrak and the
United States Government.
SEC. 206. ESTABLISHMENT OF GRANT PROCESS.
(a) Grant Requests.--Amtrak shall submit grant requests
(including a schedule for the disbursement of funds),
consistent with the requirements of this division, to the
Secretary for funds authorized to be appropriated to the
Secretary for the use of Amtrak under sections 101(a), (b),
and (c), 102, 219(b), and 302.
(b) Procedures for Grant Requests.--The Secretary shall
establish substantive and procedural requirements, including
schedules, for grant requests under this section not later
than 30 days after the date of enactment of this Act and
shall transmit copies of such requirements and schedules to
the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate. As part of those
requirements, the Secretary shall require, at a minimum, that
Amtrak deposit grant funds, consistent with the appropriated
amounts for each area of expenditure in a given fiscal year,
in the following 2 accounts:
(1) The Amtrak Operating account.
(2) The Amtrak General Capital account.
Amtrak may not transfer such funds to another account or
expend such funds for any purpose other than the purposes
covered by the account in which the funds are deposited
without approval by the Secretary.
(c) Review and Approval.--
(1) 30-day approval process.--The Secretary shall complete
the review of a grant request (including the disbursement
schedule) and approve or disapprove the request within 30
days after the date on which Amtrak submits the grant
request. If the Secretary disapproves the request or
determines that the request is incomplete or deficient, the
Secretary shall include the reason for disapproval or the
incomplete items or deficiencies in a notice to Amtrak.
(2) 15-day modification period.--Within 15 days after
receiving notification from the Secretary under the preceding
sentence, Amtrak shall submit a modified request for the
Secretary's review.
(3) Revised requests.--Within 15 days after receiving a
modified request from Amtrak, the Secretary shall either
approve the modified request, or, if the Secretary finds that
the request is still incomplete or deficient, the Secretary
shall identify in writing to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate the remaining deficiencies and recommend a process for
resolving the outstanding portions of the request.
SEC. 207. METRICS AND STANDARDS.
(a) In General.--Within 180 days after the date of
enactment of this Act, the Federal Railroad Administration
and Amtrak shall jointly, in consultation with the Surface
Transportation Board, rail carriers over whose rail lines
Amtrak trains operate, States, Amtrak employees, nonprofit
employee organizations representing Amtrak employees, and
groups representing Amtrak passengers, as appropriate,
develop new or improve existing metrics and minimum standards
for measuring the performance and service quality of
intercity passenger train operations, including cost
recovery, on-time performance and minutes of delay,
ridership, on-board services, stations, facilities,
equipment, and other services. Such metrics, at a minimum,
shall include the percentage of avoidable and fully allocated
operating costs covered by passenger revenues on each route,
ridership per train mile operated, measures of on-time
performance and delays incurred by intercity passenger trains
on the rail lines of each rail carrier and, for long-distance
routes, measures of connectivity with other routes in all
regions currently receiving Amtrak service and the
transportation needs of communities and populations that are
not well-served by other forms of intercity transportation.
Amtrak shall provide reasonable access to the Federal
Railroad Administration in order to enable the Administration
to carry out its duty under this section.
(b) Quarterly Reports.--The Administrator of the Federal
Railroad Administration shall collect the necessary data and
publish a quarterly report on the performance and service
quality of intercity passenger train operations, including
Amtrak's cost recovery, ridership, on-time performance and
minutes of delay, causes of delay, on-board services,
stations, facilities, equipment, and other services.
(c) Contracts With Host Rail Carriers.--To the extent
practicable, Amtrak and its host rail carriers shall
incorporate the metrics and standards developed under
subsection (a) into their access and service agreements.
(d) Arbitration.--If the development of the metrics and
standards is not completed within the 180-day period required
by subsection (a), any party involved in the development of
those standards may petition the Surface Transportation Board
to appoint an arbitrator to assist the parties in resolving
their disputes through binding arbitration.
SEC. 208. METHODOLOGIES FOR AMTRAK ROUTE AND SERVICE PLANNING
DECISIONS.
(a) Methodology Development.--Within 180 days after the
date of enactment of this Act, the Federal Railroad
Administration shall obtain the services of a qualified
independent entity to develop and recommend objective
methodologies for Amtrak to use in determining what intercity
passenger routes and services it will provide, including the
establishment of new routes, the elimination of existing
routes, and the contraction or expansion of services or
frequencies over such routes. In developing such
methodologies, the entity shall consider--
(1) the current or expected performance and service quality
of intercity passenger train operations, including cost
recovery, on-time performance and minutes of delay,
ridership, on-board services, stations, facilities,
equipment, and other services;
(2) connectivity of a route with other routes;
(3) the transportation needs of communities and populations
that are not well served by intercity passenger rail service
or by other forms of intercity transportation;
(4) Amtrak's and other major intercity passenger rail
service providers in other countries' methodologies for
determining intercity passenger rail routes and services; and
(5) the views of the States and other interested parties.
(b) Submittal to Congress.--Within 1 year after the date of
enactment of this Act, the
[[Page 21075]]
entity shall submit recommendations developed under
subsection (a) to Amtrak, the Committee on Transportation and
Infrastructure of the House of Representatives, and the
Committee on Commerce, Science, and Transportation of the
Senate.
(c) Consideration of Recommendations.--Within 90 days after
receiving the recommendations developed under subsection (a)
by the entity, the Amtrak Board of Directors shall consider
the adoption of those recommendations. The Board shall
transmit a report to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate explaining its reasons for adopting or not adopting
the recommendations.
SEC. 209. STATE-SUPPORTED ROUTES.
(a) In General.--Within 2 years after the date of enactment
of this Act, the Amtrak Board of Directors, in consultation
with the Secretary, the governors of each relevant State, and
the Mayor of the District of Columbia, or entities
representing those officials, shall develop and implement a
single, nationwide standardized methodology for establishing
and allocating the operating and capital costs among the
States and Amtrak associated with trains operated on each of
the routes described in section 24102(5)(B) and (D) and
section 24702 that--
(1) ensures, within 5 years after the date of enactment of
this Act, equal treatment in the provision of like services
of all States and groups of States (including the District of
Columbia); and
(2) allocates to each route the costs incurred only for the
benefit of that route and a proportionate share, based upon
factors that reasonably reflect relative use, of costs
incurred for the common benefit of more than 1 route.
(b) Revisions.--The Amtrak Board of Directors, in
consultation with the Secretary, the governors of each
relevant State, and the Mayor of the District of Columbia, or
entities representing those officials, may revise or amend
the methodology established under subsection (a) as
necessary, consistent with the intent of this section,
including revisions or modifications based on Amtrak's
financial accounting system developed pursuant to section 203
of this division.
(c) Review.--If Amtrak and the States (including the
District of Columbia) in which Amtrak operates such routes do
not voluntarily adopt and implement the methodology developed
under subsection (a) in allocating costs and determining
compensation for the provision of service in accordance with
the date established therein, the Surface Transportation
Board shall determine the appropriate methodology required
under subsection (a) for such services in accordance with the
procedures and procedural schedule applicable to a proceeding
under section 24904(c) of title 49, United States Code, and
require the full implementation of this methodology with
regards to the provision of such service within 1 year after
the Board's determination of the appropriate methodology.
(d) Use of Chapter 244 Funds.--Funds provided to a State
under chapter 244 of title 49, United States Code, may be
used, as provided in that chapter, to pay capital costs
determined in accordance with this section.
SEC. 210. LONG-DISTANCE ROUTES.
(a) In General.--Chapter 247 is amended by adding at the
end thereof the following:
``Sec. 24710. Long-distance routes
``(a) Annual Evaluation.--Using the financial and
performance metrics developed under section 207 of the
Passenger Rail Investment and Improvement Act of 2008, Amtrak
shall--
``(1) evaluate annually the financial and operating
performance of each long-distance passenger rail route
operated by Amtrak; and
``(2) rank the overall performance of such routes for 2008
and identify each long-distance passenger rail route operated
by Amtrak in 2008 according to its overall performance as
belonging to the best performing third of such routes, the
second best performing third of such routes, or the worst
performing third of such routes.
``(b) Performance Improvement Plan.--Amtrak shall develop
and post on its website a performance improvement plan for
its long-distance passenger rail routes to achieve financial
and operating improvements based on the data collected
through the application of the financial and performance
metrics developed under section 207 of that Act. The plan
shall address--
``(1) on-time performance;
``(2) scheduling, frequency, routes, and stops;
``(3) the feasibility of restructuring service into
connected corridor service;
``(4) performance-related equipment changes and capital
improvements;
``(5) on-board amenities and service, including food, first
class, and sleeping car service;
``(6) State or other non-Federal financial contributions;
``(7) improving financial performance;
``(8) anticipated Federal funding of operating and capital
costs; and
``(9) other aspects of Amtrak's long-distance passenger
rail routes that affect the financial, competitive, and
functional performance of service on Amtrak's long-distance
passenger rail routes.
``(c) Implementation.--Amtrak shall implement the
performance improvement plan developed under subsection (b)--
``(1) beginning in fiscal year 2010 for those routes
identified as being in the worst performing third under
subsection (a)(2);
``(2) beginning in fiscal year 2011 for those routes
identified as being in the second best performing third under
subsection (a)(2); and
``(3) beginning in fiscal year 2012 for those routes
identified as being in the best performing third under
subsection (a)(2).
``(d) Enforcement.--The Federal Railroad Administration
shall monitor the development, implementation, and outcome of
improvement plans under this section. If the Federal Railroad
Administration determines that Amtrak is not making
reasonable progress in implementing its performance
improvement plan or, after the performance improvement plan
is implemented under subsection (c)(1) in accordance with the
terms of that plan, Amtrak has not achieved the outcomes it
has established for such routes, under the plan for any
calendar year, the Federal Railroad Administration--
``(1) shall notify Amtrak, the Inspector General of the
Department of Transportation, the Committee on Transportation
and Infrastructure of the House of Representatives, and the
Committee on Commerce, Science, and Transportation of the
Senate of its determination under this subsection;
``(2) shall provide Amtrak with an opportunity for a
hearing with respect to that determination; and
``(3) may withhold appropriated funds otherwise available
to Amtrak for the operation of a route or routes from among
the worst performing third of routes currently served by
Amtrak on which Amtrak is not making reasonable progress,
other than funds made available for passenger safety or
security measures.''.
(b) Conforming Amendment.--The chapter analysis for chapter
247 is amended by inserting after the item relating to
section 24709 the following:
``24710. Long distance routes.''.
SEC. 211. NORTHEAST CORRIDOR STATE-OF-GOOD-REPAIR PLAN.
(a) In General.--Within 6 months after the date of
enactment of this Act, Amtrak, in consultation with the
Secretary and the States (including the District of Columbia)
that make up the Northeast Corridor (as defined in section
24102 of title 49, United States Code), shall prepare a
capital spending plan for capital projects required to return
the railroad right-of-way (including track, signals, and
auxiliary structures), facilities, stations, and equipment,
of the Northeast Corridor main line to a state-of-good-repair
by the end of fiscal year 2018, consistent with the funding
levels authorized in this division, and shall submit the plan
to the Secretary.
(b) Review and Approval by the Secretary.--
(1) 60-day approval process.--The Secretary shall complete
the review of the capital spending plan and approve or
disapprove the plan within 60 days after the date on which
Amtrak submits the plan. During review, the Secretary may
seek comments from the Commission established under section
24905 of title 49, United States Code, and other Northeast
Corridor users regarding the plan. If the Secretary
disapproves the plan or determines that the plan is
incomplete or deficient, the Secretary shall include the
reason for disapproval or the incomplete items or
deficiencies in a notice to Amtrak.
(2) 15-day modification period.--Within 15 days after
receiving notification from the Secretary under paragraph
(1), Amtrak shall submit a modified plan for the Secretary's
review.
(3) Revised requests.--Within 15 days after receiving a
modified plan from Amtrak, the Secretary shall either approve
the modified plan, or, if the Secretary finds that the plan
is still incomplete or deficient, the Secretary shall
identify in writing to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate the remaining deficiencies and recommend a process for
resolving the outstanding portions of the plan.
(c) Plan Updates.--The plan shall be updated at least
annually and the Secretary shall review and approve such
updates, in accordance with the procedures described in
subsection (b).
(d) Grants.--The Secretary shall make grants to Amtrak with
funds authorized by section 101(c) for Northeast Corridor
capital investments contained within the capital spending
plan prepared by Amtrak and approved by the Secretary.
(e) Oversight.--Using the funds authorized by section
101(d), the Secretary shall review Amtrak's capital
expenditures funded by this section to ensure that such
expenditures are consistent with the capital spending plan
and that Amtrak is providing adequate project management
oversight and fiscal controls.
(f) Eligibility of Expenditures.--The Federal share of
expenditures for capital improvements under this section may
not exceed 100 percent.
[[Page 21076]]
SEC. 212. NORTHEAST CORRIDOR INFRASTRUCTURE AND OPERATIONS
IMPROVEMENTS.
(a) In General.--Section 24905 is amended to read as
follows:
``Sec. 24905. Northeast Corridor Infrastructure and
Operations Advisory Commission; Safety Committee
``(a) Northeast Corridor Infrastructure and Operations
Advisory Commission.--
``(1) Within 180 days after the date of enactment of the
Passenger Rail Investment and Improvement Act of 2008, the
Secretary of Transportation shall establish a Northeast
Corridor Infrastructure and Operations Advisory Commission
(referred to in this section as the `Commission') to promote
mutual cooperation and planning pertaining to the rail
operations and related activities of the Northeast Corridor.
The Commission shall be made up of--
``(A) members representing Amtrak;
``(B) members representing the Department of
Transportation, including the Federal Railroad
Administration;
``(C) 1 member from each of the States (including the
District of Columbia) that constitute the Northeast Corridor
as defined in section 24102, designated by, and serving at
the pleasure of, the chief executive officer thereof; and
``(D) non-voting representatives of freight railroad
carriers using the Northeast Corridor selected by the
Secretary.
``(2) The Secretary shall ensure that the membership
belonging to any of the groups enumerated under paragraph (1)
shall not constitute a majority of the Commission's
memberships.
``(3) The Commission shall establish a schedule and
location for convening meetings, but shall meet no less than
four times per fiscal year, and the Commission shall develop
rules and procedures to govern the Commission's proceedings.
``(4) A vacancy in the Commission shall be filled in the
manner in which the original appointment was made.
``(5) Members shall serve without pay but shall receive
travel expenses, including per diem in lieu of subsistence,
in accordance with sections 5702 and 5703 of title 5.
``(6) The Chairman of the Commission shall be elected by
the members.
``(7) The Commission may appoint and fix the pay of such
personnel as it considers appropriate.
``(8) Upon request of the Commission, the head of any
department or agency of the United States may detail, on a
reimbursable basis, any of the personnel of that department
or agency to the Commission to assist it in carrying out its
duties under this section.
``(9) Upon the request of the Commission, the Administrator
of General Services shall provide to the Commission, on a
reimbursable basis, the administrative support services
necessary for the Commission to carry out its
responsibilities under this section.
``(10) The Commission shall consult with other entities as
appropriate.
``(b) Statement of Goals and Recommendations.--
``(1) Statement of goals.--The Commission shall develop a
statement of goals concerning the future of Northeast
Corridor rail infrastructure and operations based on
achieving expanded and improved intercity, commuter, and
freight rail services operating with greater safety and
reliability, reduced travel times, increased frequencies and
enhanced intermodal connections designed to address airport
and highway congestion, reduce transportation energy
consumption, improve air quality, and increase economic
development of the Northeast Corridor region.
``(2) Recommendations.--The Commission shall develop
recommendations based on the statement developed under this
section addressing, as appropriate--
``(A) short-term and long-term capital investment needs
beyond those specified in the state-of-good-repair plan under
section 211 of the Passenger Rail Investment and Improvement
Act of 2008;
``(B) future funding requirements for capital improvements
and maintenance;
``(C) operational improvements of intercity passenger rail,
commuter rail, and freight rail services;
``(D) opportunities for additional non-rail uses of the
Northeast Corridor;
``(E) scheduling and dispatching;
``(F) safety and security enhancements;
``(G) equipment design;
``(H) marketing of rail services;
``(I) future capacity requirements; and
``(J) potential funding and financing mechanisms for
projects of corridor-wide significance.
``(c) Access Costs.--
``(1) Development of formula.--Within 2 years after the
date of enactment of the Passenger Rail Investment and
Improvement Act of 2008, the Commission shall--
``(A) develop a standardized formula for determining and
allocating costs, revenues, and compensation for Northeast
Corridor commuter rail passenger transportation, as defined
in section 24102 of this title, on the Northeast Corridor
main line between Boston, Massachusetts, and Washington,
District of Columbia, and the Northeast Corridor branch lines
connecting to Harrisburg, Pennsylvania, Springfield,
Massachusetts, and Spuyten Duyvil, New York, that use Amtrak
facilities or services or that provide such facilities or
services to Amtrak that ensures that--
``(i) there is no cross-subsidization of commuter rail
passenger, intercity rail passenger, or freight rail
transportation;
``(ii) each service is assigned the costs incurred only for
the benefit of that service, and a proportionate share, based
upon factors that reasonably reflect relative use, of costs
incurred for the common benefit of more than 1 service; and
``(iii) all financial contributions made by an operator of
a service that benefit an infrastructure owner other than the
operator are considered, including but not limited to, any
capital infrastructure investments and in-kind services;
``(B) develop a proposed timetable for implementing the
formula before the end of the 6th year following the date of
enactment of that Act;
``(C) transmit the proposed timetable to the Surface
Transportation Board; and
``(D) at the request of a Commission member, petition the
Surface Transportation Board to appoint a mediator to assist
the Commission members through non-binding mediation to reach
an agreement under this section.
``(2) Implementation.--Amtrak and public authorities
providing commuter rail passenger transportation on the
Northeast Corridor shall implement new agreements for usage
of facilities or services based on the formula proposed in
paragraph (1) in accordance with the timetable established
therein. If the entities fail to implement such new
agreements in accordance with the timetable, the Commission
shall petition the Surface Transportation Board to determine
the appropriate compensation amounts for such services in
accordance with section 24904(c) of this title. The Surface
Transportation Board shall enforce its determination on the
party or parties involved.
``(3) Revisions.--The Commission may make necessary
revisions to the formula developed under paragraph (1),
including revisions based on Amtrak's financial accounting
system developed pursuant to section 203 of the Passenger
Rail Investment and Improvement Act of 2008.
``(d) Transmission of Statement of Goals and
Recommendations.--The Commission shall transmit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives--
``(1) the statement of goals developed under subsection (b)
within 1 year after the date of enactment of the Passenger
Rail Investment and Improvement Act of 2008; and
``(2) the recommendations developed under subsection (b)
and the formula and timetable developed under subsection
(c)(1) annually.
``(e) Authorization of Appropriations.--There are
authorized to be appropriated to the Commission such sums as
may be necessary for the period encompassing fiscal years
2009 through 2013 to carry out this section.
``(f) Northeast Corridor Safety Committee.--
``(1) In general.--The Secretary shall establish a
Northeast Corridor Safety Committee composed of members
appointed by the Secretary. The members shall be
representatives of--
``(A) the Department of Transportation, including the
Federal Railroad Administration;
``(B) Amtrak;
``(C) freight carriers operating more than 150,000 train
miles a year on the main line of the Northeast Corridor;
``(D) commuter rail agencies;
``(E) rail passengers;
``(F) rail labor; and
``(G) other individuals and organizations the Secretary
decides have a significant interest in rail safety or
security.
``(2) Function; meetings.--The Secretary shall consult with
the Committee about safety and security improvements on the
Northeast Corridor main line. The Committee shall meet at
least two times per year to consider safety and security
matters on the main line.
``(3) Report.--At the beginning of the first session of
each Congress, the Secretary shall submit a report to the
Commission and to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate on the status of efforts to improve safety and
security on the Northeast Corridor main line. The report
shall include the safety and security recommendations of the
Committee and the comments of the Secretary on those
recommendations.''.
(b) Conforming Amendments.--(1) The item relating to
section 24905 in the table of sections of chapter 249 is
amended to read as follows:
``24905. Northeast Corridor Infrastructure and Operations Advisory
Commission; Safety Committee.''.
(2) Section 24904(c)(2) is amended by--
(A) inserting ``commuter rail passenger and'' after
``between''; and
(B) striking ``freight'' in the second sentence.
[[Page 21077]]
(c) RIDOT Access Agreement.--
(1) In general.--Not later than July 1, 2009, Amtrak and
the Rhode Island Department of Transportation shall enter
into an agreement governing access fees and other costs or
charges related to the operation of the South County commuter
rail service on the Northeast Corridor between Providence and
Wickford Junction, Rhode Island.
(2) Failure to reach agreement.--If Amtrak and the Rhode
Island Department of Transportation fail to reach the
agreement specified under paragraph (1), the Administrator of
the Federal Railroad Administration shall, after consultation
with both parties, resolve any outstanding disagreements
between the parties, including setting access fees and other
costs or charges related to the operation of the South County
commuter rail service that do not allow for the cross-
subsidization of intercity rail passenger and commuter rail
passenger service, not later than January 1, 2010.
(3) Interim access costs.--Any agreement between Amtrak and
the Rhode Island Department of Transportation relating to
access costs made under this subsection shall be superseded
by any access cost formula developed by the Northeast
Corridor Infrastructure and Operations Advisory Commission
under section 24905(c)(1) of title 49, United States Code, as
amended by subsection (a) of this section.
(d) High-Speed Service Study.--
(1) In general.--Amtrak shall submit a report detailing the
infrastructure and equipment improvements necessary to
provide regular high-speed service--
(A) between Washington, District of Columbia, and New York,
New York, in 2 hours and 30 minutes; and
(B) between New York, New York, and Boston, Massachusetts,
in 3 hours and 15 minutes.
(2) Issues.--The report shall include--
(A) an estimated time frame for achieving the trip time
described in paragraph (1);
(B) an analysis of any significant obstacles that would
hinder such an achievement;
(C) a detailed description and cost estimate of the
specific infrastructure and equipment improvements necessary
for such an achievement; and
(D) an initial assessment of the infrastructure and
equipment improvements, including an order of magnitude cost
estimate of such improvements, that would be necessary to
provide regular high-speed service--
(i) between Washington, District of Columbia, and New York,
New York, in 2 hours and 15 minutes; and
(ii) between New York, New York, and Boston, Massachusetts,
in 3 hours.
(3) Report.--Within 1 year after the date of enactment of
this Act, Amtrak shall submit the report required under this
subsection to--
(A) the Committee on Commerce, Science, and Transportation
of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Transportation and Infrastructure of
the House of Representatives;
(D) the Committee on Appropriations of the House of
Representatives; and
(E) the Federal Railroad Administration.
(e) Report on Northeast Corridor Economic Development.--
Within 2 years after the date of enactment of this Act, the
Northeast Corridor Infrastructure and Operations Advisory
Commission shall transmit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on the role of Amtrak's Northeast Corridor
service between Washington, District of Columbia, and New
York, New York, in the economic development of the Northeast
Corridor region. The report shall examine how to enhance the
utilization of the Northeast Corridor for greater economic
development, including improving--
(1) real estate utilization;
(2) improved intercity, commuter, and freight services; and
(3) optimum utility utilization.
SEC. 213. PASSENGER TRAIN PERFORMANCE.
(a) In General.--Section 24308 is amended by adding at the
end the following:
``(f) Passenger Train Performance and Other Standards.--
``(1) Investigation of substandard performance.--If the on-
time performance of any intercity passenger train averages
less than 80 percent for any 2 consecutive calendar quarters,
or the service quality of intercity passenger train
operations for which minimum standards are established under
section 207 of the Passenger Rail Investment and Improvement
Act of 2008 fails to meet those standards for 2 consecutive
calendar quarters, the Surface Transportation Board (referred
to in this section as the `Board') may initiate an
investigation, or upon the filing of a complaint by Amtrak,
an intercity passenger rail operator, a host freight railroad
over which Amtrak operates, or an entity for which Amtrak
operates intercity passenger rail service, the Board shall
initiate such an investigation, to determine whether and to
what extent delays or failure to achieve minimum standards
are due to causes that could reasonably be addressed by a
rail carrier over whose tracks the intercity passenger train
operates or reasonably addressed by Amtrak or other intercity
passenger rail operators. As part of its investigation, the
Board has authority to review the accuracy of the train
performance data and the extent to which scheduling and
congestion contribute to delays. In making its determination
or carrying out such an investigation, the Board shall obtain
information from all parties involved and identify reasonable
measures and make recommendations to improve the service,
quality, and on-time performance of the train.
``(2) Problems caused by host rail carrier.--If the Board
determines that delays or failures to achieve minimum
standards investigated under paragraph (1) are attributable
to a rail carrier's failure to provide preference to Amtrak
over freight transportation as required under subsection (c),
the Board may award damages against the host rail carrier,
including prescribing such other relief to Amtrak as it
determines to be reasonable and appropriate pursuant to
paragraph (3) of this subsection.
``(3) Damages and relief.--In awarding damages and
prescribing other relief under this subsection the Board
shall consider such factors as--
``(A) the extent to which Amtrak suffers financial loss as
a result of host rail carrier delays or failure to achieve
minimum standards; and
``(B) what reasonable measures would adequately deter
future actions which may reasonably be expected to be likely
to result in delays to Amtrak on the route involved.
``(4) Use of damages.--The Board shall, as it deems
appropriate, order the host rail carrier to remit the damages
awarded under this subsection to Amtrak or to an entity for
which Amtrak operates intercity passenger rail service. Such
damages shall be used for capital or operating expenditures
on the routes over which delays or failures to achieve
minimum standards were the result of a rail carrier's failure
to provide preference to Amtrak over freight transportation
as determined in accordance with paragraph (2).''.
(b) Fees.--The Surface Transportation Board may establish
and collect filing fees from any entity that files a
complaint under section 24308(f)(1) of title 49, United
States Code, or otherwise requests or requires the Board's
services pursuant to this division. The Board shall establish
such fees at levels that will fully or partially, as the
Board determines to be appropriate, offset the costs of
adjudicating complaints under that section and other requests
or requirements for Board action under this division. The
Board may waive any fee established under this subsection for
any governmental entity as determined appropriate by the
Board.
(c) Authorization of Additional Staff.--The Surface
Transportation Board may increase the number of Board
employees by up to 15 for the 5 fiscal year period beginning
with fiscal year 2009 to carry out its responsibilities under
section 24308 of title 49, United States Code, and this
division.
(d) Change of Reference.--Section 24308 is amended--
(1) by striking ``Interstate Commerce Commission'' in
subsection (a)(2)(A) and inserting ``Surface Transportation
Board'';
(2) by striking ``Commission'' each place it appears and
inserting ``Board'';
(3) by striking ``Secretary of Transportation'' in
subsection (c) and inserting ``Board''; and
(4) by striking ``Secretary'' the last 3 places it appears
in subsection (c) and each place it appears in subsections
(d) and (e) and inserting ``Board''.
SEC. 214. ALTERNATE PASSENGER RAIL SERVICE PILOT PROGRAM.
(a) In General.--Chapter 247, as amended by section 210, is
amended by adding at the end thereof the following:
``Sec. 24711. Alternate passenger rail service pilot program
``(a) In General.--Within 1 year after the date of
enactment of the Passenger Rail Investment and Improvement
Act of 2008, the Federal Railroad Administration shall
complete a rulemaking proceeding to develop a pilot program
that--
``(1) permits a rail carrier or rail carriers that own
infrastructure over which Amtrak operates a passenger rail
service route described in subparagraph (B), (C), or (D) of
section 24102(5) or in section 24702 to petition the
Administration to be considered as a passenger rail service
provider over that route in lieu of Amtrak for a period not
to exceed 5 years after the date of enactment of the
Passenger Rail Investment and Improvement Act of 2008;
``(2) requires the Administration to notify Amtrak within
30 days after receiving a petition under paragraph (1) and
establish a deadline by which both the petitioner and Amtrak
would be required to submit a bid to provide passenger rail
service over the route to which the petition relates;
``(3) requires that each bid describe how the bidder would
operate the route, what Amtrak passenger equipment would be
needed, if any, what sources of non-Federal funding the
bidder would use, including any State subsidy, among other
things;
``(4) requires the Administration to select winning bidders
by evaluating the bids against the financial and performance
[[Page 21078]]
metrics developed under section 207 of the Passenger Rail
Investment and Improvement Act of 2008 and to give preference
in awarding contracts to bidders seeking to operate routes
that have been identified as one of the five worst performing
Amtrak routes under section 24710;
``(5) requires the Administration to execute a contract
within a specified, limited time after the deadline
established under paragraph (2) and award to the winning
bidder--
``(A) the right and obligation to provide passenger rail
service over that route subject to such performance standards
as the Administration may require, consistent with the
standards developed under section 207 of the Passenger Rail
Investment and Improvement Act of 2008; and
``(B) an operating subsidy--
``(i) for the first year at a level not in excess of the
level in effect during the fiscal year preceding the fiscal
year in which the petition was received, adjusted for
inflation;
``(ii) for any subsequent years at such level, adjusted for
inflation; and
``(6) requires that each bid contain a staffing plan
describing the number of employees needed to operate the
service, the job assignments and requirements, and the terms
of work for prospective and current employees of the bidder
for the service outlined in the bid, and such staffing plan
be made available by the winning bidder to the public after
the bid award.
``(b) Route Limitations.--The Administration may not make
the program available with respect to more than 2 Amtrak
intercity passenger rail routes.
``(c) Performance Standards; Access to Facilities;
Employees.--If the Administration awards the right and
obligation to provide passenger rail service over a route
under the program to a rail carrier or rail carriers--
``(1) it shall execute a contract with the rail carrier or
rail carriers for rail passenger operations on that route
that conditions the operating and subsidy rights upon--
``(A) the service provider continuing to provide passenger
rail service on the route that is no less frequent, nor over
a shorter distance, than Amtrak provided on that route before
the award; and
``(B) the service provider's compliance with the minimum
standards established under section 207 of the Passenger Rail
Investment and Improvement Act of 2008 and such additional
performance standards as the Administration may establish;
``(2) it shall, if the award is made to a rail carrier
other than Amtrak, require Amtrak to provide access to its
reservation system, stations, and facilities directly related
to operations to any rail carrier or rail carriers awarded a
contract under this section, in accordance with section 217
of that Act, necessary to carry out the purposes of this
section;
``(3) the employees of any person used by a rail carrier or
rail carriers (as defined in section 10102(5) of this title)
in the operation of a route under this section shall be
considered an employee of that carrier or carriers and
subject to the applicable Federal laws and regulations
governing similar crafts or classes of employees of Amtrak,
including provisions under section 121 of the Amtrak Reform
and Accountability Act of 1997 relating to employees that
provide food and beverage service; and
``(4) the winning bidder shall provide hiring preference to
qualified Amtrak employees displaced by the award of the bid,
consistent with the staffing plan submitted by the bidder and
shall be subject to the grant conditions under section 24405
of this title.
``(d) Cessation of Service.--If a rail carrier or rail
carriers awarded a route under this section cease to operate
the service or fail to fulfill their obligations under the
contract required under subsection (c), the Administrator, in
collaboration with the Surface Transportation Board, shall
take any necessary action consistent with this title to
enforce the contract and ensure the continued provision of
service, including the installment of an interim service
provider and re-bidding the contract to operate the service.
The entity providing service shall either be Amtrak or a rail
carrier defined in subsection (a)(1).
``(e) Adequate Resources.--Before taking any action allowed
under this section, the Secretary shall certify that the
Administrator has sufficient resources that are adequate to
undertake the program established under this section.''.
(b) Report.--Within 1 year after the conclusion of the
pilot program established under subsection (a), the Federal
Railroad Administration shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the results on the
pilot program established under section 24711, and any
recommendations for further action.
(c) Conforming Amendment.--The chapter analysis for chapter
247, as amended by section 210, is amended by inserting after
the item relating to section 24710 the following:
``24711. Alternate passenger rail service pilot program.''.
SEC. 215. EMPLOYEE TRANSITION ASSISTANCE.
(a) Provision of Financial Incentives.--For Amtrak
employees who are adversely affected by the cessation of the
operation of a long-distance route or any other route under
section 24711 of title 49, United States Code, previously
operated by Amtrak, the Secretary shall develop a program
under which the Secretary may, at the Secretary's discretion,
provide grants for financial incentives to be provided to
Amtrak employees who voluntarily terminate their employment
with Amtrak and relinquish any legal rights to receive
termination-related payments under any contractual agreement
with Amtrak.
(b) Conditions for Financial Incentives.--As a condition
for receiving financial assistance grants under this section,
Amtrak must certify that--
(1) a reasonable attempt was made to reassign an employee
adversely affected under section 24711 of title 49, United
States Code, or by the elimination of any route, to other
positions within Amtrak in accordance with any contractual
agreements;
(2) the financial assistance results in a net reduction in
the total number of employees equal to the number receiving
financial incentives;
(3) the financial assistance results in a net reduction in
total employment expense equivalent to the total employment
expenses associated with the employees receiving financial
incentives; and
(4) the total number of employees eligible for termination-
related payments will not be increased without the express
written consent of the Secretary.
(c) Amount of Financial Incentives.--The financial
incentives authorized under this section may be no greater
than $100,000 per employee.
(d) Authorization of Appropriations.--There are hereby
authorized to be appropriated to the Secretary such sums as
may be necessary to make grants to Amtrak to provide
financial incentives under subsection (a).
(e) Termination-Related Payments.--If Amtrak employees
adversely affected by the cessation of Amtrak service
resulting from the awarding of a grant to an operator other
than Amtrak for the operation of a route under section 24711
of title 49, United States Code, or any other route,
previously operated by Amtrak do not receive financial
incentives under subsection (a), then the Secretary shall
make grants to Amtrak from funds authorized by section 101 of
this division for termination-related payments to employees
under existing contractual agreements.
SEC. 216. SPECIAL PASSENGER TRAINS.
Amtrak is encouraged to increase the operation of special
trains funded by, or in partnership with, private sector
operators through competitive contracting to minimize the
need for Federal subsidies. Amtrak shall utilize the
provisions of section 24308 of title 49, United States Code,
when necessary to obtain access to facilities, train and
engine crews, or services of a rail carrier or regional
transportation authority that are required to operate such
trains.
SEC. 217. ACCESS TO AMTRAK EQUIPMENT AND SERVICES.
If a State desires to select or selects an entity other
than Amtrak to provide services required for the operation of
an intercity passenger train route described in section
24102(5)(D) or 24702 of title 49, United States Code, the
State may make an agreement with Amtrak to use facilities and
equipment of, or have services provided by, Amtrak under
terms agreed to by the State and Amtrak to enable the State
to utilize an entity other than Amtrak to provide services
required for operation of the route. If the parties cannot
agree upon terms, and the Surface Transportation Board finds
that access to Amtrak's facilities or equipment, or the
provision of services by Amtrak, is necessary to carry out
this provision and that the operation of Amtrak's other
services will not be impaired thereby, the Surface
Transportation Board shall, within 120 days after submission
of the dispute, issue an order that the facilities and
equipment be made available, and that services be provided,
by Amtrak, and shall determine reasonable compensation,
liability, and other terms for use of the facilities and
equipment and provision of the services. Compensation shall
be determined, as appropriate, in accordance with the
methodology established pursuant to section 209 of this
division, if available.
SEC. 218. GENERAL AMTRAK PROVISIONS.
(a) Conforming Changes.--
(1) Plan required.--Section 24101(d) is amended--
(A) by striking ``plan to operate within the funding levels
authorized by section 24104 of this chapter, including the
budgetary goals for fiscal years 1998 through 2002.'' and
inserting ``plan, consistent with section 204 of the
Passenger Rail Investment and Improvement Act of 2008,
including the budgetary goals for fiscal years 2009 through
2013.''; and
(B) by striking the last sentence and inserting ``Amtrak
and its Board of Directors shall adopt a long-term plan that
minimizes the need for Federal operating subsidies.''.
(2) Amtrak reform and accountability act amendments.--Title
II of the Amtrak Reform and Accountability Act of 1997 (49
U.S.C. 24101 nt) is amended by striking sections 204 and 205.
[[Page 21079]]
(b) Lease Arrangements and Other Purchases.--Amtrak may
obtain from the Administrator of General Services, and the
Administrator may provide to Amtrak, services under sections
502(a) and 602 of title 40, United States Code.
SEC. 219. STUDY OF COMPLIANCE REQUIREMENTS AT EXISTING
INTERCITY RAIL STATIONS.
(a) In General.--Amtrak, in consultation with station
owners and other railroads operating service through the
existing stations that it serves, shall evaluate the
improvements necessary to make these stations readily
accessible to and usable by individuals with disabilities, as
required by such section 242(e)(2) of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12162(e)(2)). The
evaluation shall include, for each applicable station,
improvements required to bring it into compliance with the
applicable parts of such section 242(e)(2), any potential
barriers to achieving compliance, including issues related to
passenger rail station platforms, the estimated cost of the
improvements necessary, the identification of the responsible
person (as defined in section 241(5) of that Act (42 U.S.C.
12161(5))), and the earliest practicable date when such
improvements can be made. The evaluation shall also include a
detailed plan and schedule for bringing all applicable
stations into compliance with the applicable parts of section
242(e)(2) by the 2010 statutory deadline for station
accessibility. Amtrak shall submit the evaluation to the
Committee on Transportation and Infrastructure of the House
of Representatives; the Committee on Commerce, Science, and
Transportation of the Senate; the Department of
Transportation; and the National Council on Disability by
February 1, 2009, along with recommendations for funding the
necessary improvements. Should the Department of
Transportation issue any rule related to transportation for
individuals with disabilities by intercity passenger rail
after Amtrak submits its evaluation, Amtrak shall, within 120
days after the date that such rule is published, submit to
the above parties a supplemental evaluation on any impact of
the rule on its cost and schedule for achieving full
compliance.
(b) Accessibility Improvements and Barrier Removal for
People With Disabilities.--There are authorized to be
appropriated to the Secretary for the use of Amtrak such sums
as may be necessary to improve the accessibility of
facilities, including rail platforms, and services.
SEC. 220. OVERSIGHT OF AMTRAK'S COMPLIANCE WITH ACCESSIBILITY
REQUIREMENTS.
Using the funds authorized by section 103 of this division,
the Federal Railroad Administration shall monitor and conduct
periodic reviews of Amtrak's compliance with applicable
sections of the Americans with Disabilities Act of 1990 and
the Rehabilitation Act of 1974 to ensure that Amtrak's
services and facilities are accessible to individuals with
disabilities to the extent required by law.
SEC. 221. AMTRAK MANAGEMENT ACCOUNTABILITY.
(a) In General.--Chapter 243 is amended by inserting after
section 24309 the following:
``Sec. 24310. Management accountability
``(a) In General.--Within 3 years after the date of
enactment of the Passenger Rail Investment and Improvement
Act of 2008, and 2 years thereafter, the Inspector General of
the Department of Transportation shall complete an overall
assessment of the progress made by Amtrak management and the
Department of Transportation in implementing the provisions
of that Act.
``(b) Assessment.--The management assessment undertaken by
the Inspector General may include a review of--
``(1) effectiveness in improving annual financial planning;
``(2) effectiveness in implementing improved financial
accounting;
``(3) efforts to implement minimum train performance
standards;
``(4) progress maximizing revenues, minimizing Federal
subsidies, and improving financial results; and
``(5) any other aspect of Amtrak operations the Inspector
General finds appropriate to review.''.
(b) Conforming Amendment.--The chapter analysis for chapter
243 is amended by inserting after the item relating to
section 24309 the following:
``24310. Management accountability.''.
SEC. 222. ON-BOARD SERVICE IMPROVEMENTS.
(a) In General.--Within 1 year after metrics and standards
are established under section 207 of this division, Amtrak
shall develop and implement a plan to improve on-board
service pursuant to the metrics and standards for such
service developed under that section.
(b) Report.--Amtrak shall provide a report to the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the on-board service
improvements proscribed in the plan and the timeline for
implementing such improvements.
SEC. 223. INCENTIVE PAY.
The Amtrak Board of Directors is encouraged to develop an
incentive pay program for Amtrak management employees.
SEC. 224. PASSENGER RAIL SERVICE STUDIES.
(a) Intercity Rail Service Studies.--Within 1 year after
the date of enactment of this Act, Amtrak shall conduct
studies of the following routes:
(1) The Pioneer Route between Seattle and Chicago, which
was operated by Amtrak until 1997, to determine whether to
reinstate passenger rail service along the route or along
segments of the route.
(2) The North Coast Hiawatha Route between Chicago and
Seattle, through southern Montana, which was operated by
Amtrak until 1979, to determine whether to reinstate
passenger rail service along the route or along segments of
the route, provided that such service will not negatively
impact existing Amtrak routes.
(3) Between Cornwells Heights, Pennsylvania, and New York,
New York, to determine whether to expand passenger rail
service by increasing the frequency of stops or reducing
commuter ticket prices for this route.
(4) Between Princeton Junction, New Jersey, and
Philadelphia, Pennsylvania, to determine whether to expand
passenger rail service along the route.
(5) Between Harrisburg and Pittsburgh, Pennsylvania, to
determine whether to increase frequency of passenger rail
service along the route or along segments of the route.
(6) The Capitol Limited Route between Cumberland, Maryland,
and Pittsburgh, Pennsylvania, to determine whether to
reinstate a station stop at Rockwood, Pennsylvania.
(b) Assistance.--The Comptroller General of the General
Accountability Office shall, upon request by Amtrak, assist
Amtrak in conducting the studies under subsection (a).
(c) High-Speed Rail Corridor Studies.--(1) The Secretary
shall conduct--
(A) an analysis of the Secretary's December 1, 1998,
extension of the designation of the Southeast High-Speed Rail
Corridor as authorized under section 104(d)(2) of title 23,
United States Code, including an analysis of alternative
routings for the corridor;
(B) a feasibility analysis regarding the expansion of the
South Central High-Speed Rail Corridor--
(i) to Memphis, Tennessee;
(ii) to the Port of Houston, Texas;
(iii) through Killeen, Texas; and
(iv) south of San Antonio, Texas, to a location in far
south Texas to be chosen at the discretion of the Secretary;
and
(C) a feasibility analysis regarding the expansion of the
Keystone Corridor to Cleveland, Ohio.
These analyses shall consider changes that have occurred in
the region's population, anticipated patterns of population
growth, connectivity with other modes of transportation, the
ability of the proposed corridor to reduce regional traffic
congestion, and the ability of current and proposed routings
to enhance tourism. Within 1 year after the date of enactment
of this Act, the Secretary shall submit a report on these
analyses to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate, and shall redesignate or modify corridor designations
based on these analyses, if necessary.
(2) The Secretary shall establish a process for a State or
group of States to petition the Secretary to redesignate or
modify any designated high-speed rail corridors.
SEC. 225. REPORT ON SERVICE DELAYS ON CERTAIN PASSENGER RAIL
ROUTES.
Within 6 months after the date of the enactment of this
Act, the Inspector General of the Department of
Transportation shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report that--
(1) describes service delays and the sources of such delays
on--
(A) the Amtrak passenger rail route between Seattle,
Washington, and Los Angeles, California (commonly known as
the ``Coast Starlight''); and
(B) the Amtrak passenger rail route between Vancouver,
British Columbia, Canada, and Eugene, Oregon (commonly known
as ``Amtrak Cascades''); and
(2) contains recommendations for improving the on-time
performance of such routes.
SEC. 226. PLAN FOR RESTORATION OF SERVICE.
Within 9 months after the date of enactment of this Act,
Amtrak shall transmit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a plan for restoring passenger rail service between
New Orleans, Louisiana, and Sanford, Florida. The plan shall
include a projected timeline for restoring such service, the
costs associated with restoring such service, and any
proposals for legislation necessary to support such
restoration of service. In developing the plan, Amtrak shall
consult with representatives from the States of Louisiana,
Alabama, Mississippi, and Florida, railroad carriers whose
tracks may be used for such service, rail passengers, rail
labor, and other entities as appropriate.
[[Page 21080]]
SEC. 227. MAINTENANCE AND REPAIR FACILITY UTILIZATION STUDY.
Within 9 months after the date of enactment of this Act,
the Inspector General of the Department of Transportation
shall transmit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on Amtrak's utilization of its equipment
maintenance and repair facilities, including the Beech Grove
Mechanical Facility in Indiana. The report shall include an
examination of Amtrak's utilization of its existing equipment
maintenance and repair facilities, the productivity of such
facilities, and the extent to which Amtrak is maximizing
opportunities for utilizing each facility, including the
provision of maintenance and repair to other rail carriers.
In developing this report, the Inspector General shall
consult with the Inspector General of Amtrak, Amtrak
management, rail labor, and other railroad carriers, as it
deems appropriate.
SEC. 228. SENSE OF THE CONGRESS REGARDING THE NEED TO
MAINTAIN AMTRAK AS A NATIONAL PASSENGER RAIL
SYSTEM.
(a) Findings.--The Congress makes the following findings:
(1) In fiscal year 2007, 3,800,000 passengers traveled on
Amtrak's long-distance trains, an increase of 2.4 percent
over fiscal year 2006.
(2) Amtrak long-distance routes generated $376,000,000 in
revenue in fiscal year 2007, an increase of 5 percent over
fiscal year 2006.
(3) Amtrak operates 15 long-distance trains over 18,500
route miles that serve 39 States and the District of
Columbia. These trains provide the only rail passenger
service to 23 States.
(4) Amtrak's long-distance trains provide an essential
transportation service for many communities and to a
significant percentage of the general public.
(5) Many long-distance trains serve small communities with
limited or no significant air or bus service, especially in
remote or isolated areas in the United States.
(6) As a result of airline deregulation and decisions by
national bus carriers to leave many communities, rail
transportation may provide the only feasible common carrier
transportation option for a growing number of areas.
(7) If long-distance trains were eliminated, 23 States and
243 communities would be left with no intercity passenger
rail service and 16 other States would lose some rail
service. These trains provide a strong economic benefit for
the States and communities that they serve.
(8) Long-distance trains also provide transportation during
periods of severe weather or emergencies that stall other
modes of transportation.
(9) Amtrak provided the only reliable long-distance
transportation following the September 11, 2001, terrorist
attacks that grounded air travel.
(10) The majority of passengers on long-distance trains do
not travel between the endpoints, but rather between any
combination of cities along the route.
(11) Passenger trains provide transportation options,
mobility for underserved populations, congestion mitigation,
and jobs in the areas they serve.
(12) Passenger rail has a positive impact on the
environment compared to other modes of transportation by
conserving energy, reducing greenhouse gas emissions, and
cutting down on other airborne particulate and toxic
emissions.
(13) Amtrak communities that are served use passenger rail
and passenger rail stations as a significant source of
economic development.
(14) This division makes meaningful and important reforms
to increase the efficiency, profitability and on-time
performance of Amtrak's long-distance routes.
(b) Sense of the Congress.--It is the sense of the Congress
that--
(1) long-distance passenger rail is a vital and necessary
part of our national transportation system and economy; and
(2) Amtrak should maintain a national passenger rail
system, including long-distance routes, that connects the
continental United States from coast to coast and from border
to border.
TITLE III--INTERCITY PASSENGER RAIL POLICY
SEC. 301. CAPITAL ASSISTANCE FOR INTERCITY PASSENGER RAIL
SERVICE.
(a) In General.--Part C of subtitle V is amended by
inserting the following after chapter 243:
``CHAPTER 244--INTERCITY PASSENGER RAIL SERVICE CORRIDOR CAPITAL
ASSISTANCE
``Sec.
``24401. Definitions.
``24402. Capital investment grants to support intercity passenger rail
service.
``24403. Project management oversight.
``24404. Use of capital grants to finance first-dollar liability of
grant project.
``24405. Grant conditions.
``24406. Authorization of appropriations.
``Sec. 24401. Definitions
``In this chapter:
``(1) Applicant.--The term `applicant' means a State
(including the District of Columbia), a group of States, an
Interstate Compact, or a public agency established by one or
more States and having responsibility for providing intercity
passenger rail service.
``(2) Capital project.--The term `capital project' means a
project or program in a State rail plan developed under
chapter 227 of this title for--
``(A) acquiring, constructing, improving, or inspecting
equipment, track and track structures, or a facility for use
in or for the primary benefit of intercity passenger rail
service, expenses incidental to the acquisition or
construction (including designing, engineering, location
surveying, mapping, environmental studies, and acquiring
rights-of-way), payments for the capital portions of rail
trackage rights agreements, highway-rail grade crossing
improvements related to intercity passenger rail service,
mitigating environmental impacts, communication and
signalization improvements, relocation assistance, acquiring
replacement housing sites, and acquiring, constructing,
relocating, and rehabilitating replacement housing;
``(B) rehabilitating, remanufacturing or overhauling rail
rolling stock and facilities used primarily in intercity
passenger rail service;
``(C) costs associated with developing State rail plans;
and
``(D) the first-dollar liability costs for insurance
related to the provision of intercity passenger rail service
under section 24404.
``(3) Intercity passenger rail service.--The term
`intercity passenger rail service' means intercity rail
passenger transportation, as defined in section 24102 of this
title.
``Sec. 24402. Capital investment grants to support intercity
passenger rail service
``(a) General Authority.--
``(1) The Secretary of Transportation may make grants under
this section to an applicant to assist in financing the
capital costs of facilities, infrastructure, and equipment
necessary to provide or improve intercity passenger rail
transportation.
``(2) Consistent with the requirements of this chapter, the
Secretary shall require that a grant under this section be
subject to the terms, conditions, requirements, and
provisions the Secretary decides are necessary or appropriate
for the purposes of this section, including requirements for
the disposition of net increases in value of real property
resulting from the project assisted under this section and
shall prescribe procedures and schedules for the awarding of
grants under this title, including application and
qualification procedures and a record of decision on
applicant eligibility. The Secretary shall issue a final rule
establishing such procedures not later than 2 years after the
date of enactment of the Passenger Rail Investment and
Improvement Act of 2008. For the period prior to the earlier
of the issuance of such a rule or 2 years after the date of
enactment of such Act, the Secretary shall issue interim
guidance to applicants covering such procedures, and
administer the grant program authorized under this section
pursuant to such guidance.
``(b) Project as Part of State Rail Plan.--
``(1) The Secretary may not approve a grant for a project
under this section unless the Secretary finds that the
project is part of a State rail plan developed under chapter
227 of this title, or under the plan required by section 211
of the Passenger Rail Investment and Improvement Act of 2008,
and that the applicant or recipient has or will have the
legal, financial, and technical capacity to carry out the
project, satisfactory continuing control over the use of the
equipment or facilities, and the capability and willingness
to maintain the equipment or facilities.
``(2) An applicant shall provide sufficient information
upon which the Secretary can make the findings required by
this subsection.
``(3) If an applicant has not selected the proposed
operator of its service competitively, the applicant shall
provide written justification to the Secretary showing why
the proposed operator is the best, taking into account price
and other factors, and that use of the proposed operator will
not unnecessarily increase the cost of the project.
``(c) Project Selection Criteria.--The Secretary, in
selecting the recipients of financial assistance to be
provided under subsection (a), shall--
``(1) require--
``(A) that the project be part of a State rail plan
developed under chapter 227 of this title, or under the plan
required by section 211 of the Passenger Rail Investment and
Improvement Act of 2008;
``(B) that the applicant or recipient has or will have the
legal, financial, and technical capacity to carry out the
project, satisfactory continuing control over the use of the
equipment or facilities, and the capability and willingness
to maintain the equipment or facilities;
``(C) that the applicant provides sufficient information
upon which the Secretary can make the findings required by
this subsection;
[[Page 21081]]
``(D) that if an applicant has selected the proposed
operator of its service competitively, that the applicant
provide written justification to the Secretary showing why
the proposed operator is the best, taking into account costs
and other factors;
``(E) that each proposed project meet all safety and
security requirements that are applicable to the project
under law; and
``(F) that each project be compatible with, and operated in
conformance with--
``(i) plans developed pursuant to the requirements of
section 135 of title 23, United States Code; and
``(ii) the national rail plan (if it is available);
``(2) select projects--
``(A) that are anticipated to result in significant
improvements to intercity rail passenger service, including,
but not limited to, consideration of--
``(i) the project's levels of estimated ridership,
increased on-time performance, reduced trip time, additional
service frequency to meet anticipated or existing demand, or
other significant service enhancements as measured against
minimum standards developed under section 207 of the
Passenger Rail Investment and Improvement Act of 2008;
``(ii) the project's anticipated favorable impact on air or
highway traffic congestion, capacity, or safety; and
``(iii) identification of the project by the Surface
Transportation Board as necessary to improve the on-time
performance and reliability of intercity passenger rail under
section 24308(f);
``(B) for which there is a high degree of confidence that
the proposed project is feasible and will result in the
anticipated benefits, as indicated by--
``(i) the project's precommencement compliance with
environmental protection requirements;
``(ii) the readiness of the project to be commenced;
``(iii) the timing and amount of the project's future
noncommitted investments;
``(iv) the commitment of any affected host rail carrier to
ensure the realization of the anticipated benefits; and
``(v) other relevant factors as determined by the
Secretary; and
``(C) for which the level of the anticipated benefits
compares favorably to the amount of Federal funding requested
under this chapter; and
``(3) give greater consideration to projects--
``(A) that are anticipated to result in benefits to other
modes transportation and to the public at large, including,
but not limited to, consideration of the project's--
``(i) encouragement of intermodal connectivity through
provision of direct connections between train stations,
airports, bus terminals, subway stations, ferry ports, and
other modes of transportation;
``(ii) anticipated improvement of freight or commuter rail
operations;
``(iii) encouragement of the use of positive train control
technologies;
``(iv) environmental benefits, including projects that
involve the purchase of environmentally sensitive, fuel-
efficient, and cost-effective passenger rail equipment;
``(v) anticipated positive economic and employment impacts;
``(vi) encouragement of State and private contributions
toward station development, energy and environmentally
efficiency, and economic benefits; and
``(vii) falling under the description in section
5302(a)(1)(G) of this title as defined to support intercity
passenger rail service; and
``(B) that incorporate equitable financial participation in
the project's financing, including, but not limited to,
consideration of--
``(i) donated property interests or services;
``(ii) financial contributions by freight and commuter rail
carriers commensurate with the benefit expected to their
operations; and
``(iii) financial commitments from host railroads, non-
Federal governmental entities, nongovernmental entities, and
others.
``(d) State Rail Plans.--State rail plans completed before
the date of enactment of the Passenger Rail Investment and
Improvement Act of 2008 that substantially meet the
requirements of chapter 227 of this title, as determined by
the Secretary pursuant to section 22506 of this title, shall
be deemed by the Secretary to have met the requirements of
subsection (c)(1)(A) of this section.
``(e) Amtrak Eligibility.--To receive a grant under this
section, Amtrak may enter into a cooperative agreement with 1
or more States to carry out 1 or more projects on a State
rail plan's ranked list of rail capital projects developed
under section 22504(a)(5) of this title. For such a grant,
Amtrak may not use Federal funds authorized under section
101(a) or (c) of the Passenger Rail Investment and
Improvement Act of 2008 to fulfill the non-Federal share
requirements under subsection (g) of this section.
``(f) Letters of Intent and Early Systems Work
Agreements.--
``(1) The Secretary may issue a letter of intent to an
applicant announcing an intention to obligate, for a major
capital project under this section, an amount from future
available budget authority specified in law that is not more
than the amount stipulated as the financial participation of
the Secretary in the project.
``(2) At least 30 days before issuing a letter under
paragraph (1) of this subsection, the Secretary shall notify
in writing the Committee on Transportation and Infrastructure
of the House of Representatives, the Committee on Commerce,
Science, and Transportation of the Senate, and the House and
Senate Committees on Appropriations of the proposed letter or
agreement. The Secretary shall include with the notification
a copy of the proposed letter or agreement, the criteria used
in subsection (c) for selecting the project for a grant
award, and a description of how the project meets such
criteria.
``(3) An obligation or administrative commitment may be
made only when amounts are appropriated. The letter of intent
shall state that the contingent commitment is not an
obligation of the Federal Government, and is subject to the
availability of appropriations under Federal law and to
Federal laws in force or enacted after the date of the
contingent commitment.
``(g) Federal Share of Net Project Cost.--
``(1)(A) Based on engineering studies, studies of economic
feasibility, and information on the expected use of equipment
or facilities, the Secretary shall estimate the net project
cost.
``(B) A grant for the project shall not exceed 80 percent
of the project net capital cost.
``(C) The Secretary shall give priority in allocating
future obligations and contingent commitments to incur
obligations to grant requests seeking a lower Federal share
of the project net capital cost.
``(2) Up to an additional 20 percent of the required non-
Federal funds may be funded from amounts appropriated to or
made available to a department or agency of the Federal
Government that are eligible to be expended for
transportation.
``(3) The following amounts, not to exceed $15,000,000 per
fiscal year, shall be available to each applicant as a credit
toward an applicant's matching requirement for a grant
awarded under this section--
``(A) in each of fiscal years 2009, 2010, and 2011--
``(i) 50 percent of the average of amounts expended in
fiscal years 2002 through 2008 by an applicant for capital
projects related to intercity passenger rail service; and
``(ii) 50 percent of the average of amounts expended in
fiscal years 2002 through 2008 by an applicant for operating
costs of such service; and
``(B) in each of fiscal years 2010, 2011 and 2012, 50
percent of the amount by which the amounts expended for
capital projects and operating costs related to intercity
passenger rail service by an applicant in the prior fiscal
year exceed the average capital and operating expenditures
made for such service in fiscal years 2006, 2007, and 2008.
CThe Secretary may require such information as necessary to
verify such expenditures. Credits made available to an
applicant in a fiscal year under this paragraph may only be
applied towards grants awarded in that fiscal year.
``(4) The Federal share of expenditures for capital
improvements under this chapter may not exceed 100 percent.
``(h) 2-Year Availability.--Funds appropriated under this
section shall remain available until expended. If any amount
provided as a grant under this section is not obligated or
expended for the purposes described in subsection (a) within
2 years after the date on which the State received the grant,
such sums shall be returned to the Secretary for other
intercity passenger rail development projects under this
section at the discretion of the Secretary.
``(i) Cooperative Agreements.--
``(1) In general.--A metropolitan planning organization,
State transportation department, or other project sponsor may
enter into an agreement with any public, private, or
nonprofit entity to cooperatively implement any project
funded with a grant under this chapter.
``(2) Forms of participation.--Participation by an entity
under paragraph (1) may consist of--
``(A) ownership or operation of any land, facility,
locomotive, rail car, vehicle, or other physical asset
associated with the project;
``(B) cost-sharing of any project expense;
``(C) carrying out administration, construction management,
project management, project operation, or any other
management or operational duty associated with the project;
and
``(D) any other form of participation approved by the
Secretary.
``(3) Suballocation.--A State may allocate funds under this
section to any entity described in paragraph (1).
``(j) Special Transportation Circumstances.--In carrying
out this section, the Secretary shall allocate an appropriate
portion of the amounts available under this section to
provide grants to States--
``(1) in which there is no intercity passenger rail service
for the purpose of funding freight rail capital projects that
are on a State rail plan developed under chapter 227 of this
title that provide public benefits (as defined in chapter
227) as determined by the Secretary; or
[[Page 21082]]
``(2) in which the rail transportation system is not
physically connected to rail systems in the continental
United States or may not otherwise qualify for a grant under
this section due to the unique characteristics of the
geography of that State or other relevant considerations, for
the purpose of funding transportation-related capital
projects.
``(k) Small Capital Projects.--The Secretary shall make not
less than 5 percent annually available from the amounts
authorized under section 101(c) of the Passenger Rail
Investment and Improvement Act of 2008 beginning in fiscal
year 2009 for grants for capital projects eligible under this
section not exceeding $2,000,000, including costs eligible
under section 209(d) of that Act. For grants awarded under
this subsection, the Secretary may waive requirements of this
section, including state rail plan requirements, as
appropriate.
``(l) Nonmotorized Transportation Access and Storage.--
Grants under this chapter may be used to provide access to
rolling stock for nonmotorized transportation, including
bicycles, and recreational equipment, and to provide storage
capacity in trains for such transportation, equipment, and
other luggage, to ensure passenger safety.
``Sec. 24403. Project management oversight
``(a) Project Management Plan Requirements.--To receive
Federal financial assistance for a major capital project
under this chapter, an applicant must prepare and carry out a
project management plan approved by the Secretary of
Transportation. The plan shall provide for--
``(1) adequate recipient staff organization with well-
defined reporting relationships, statements of functional
responsibilities, job descriptions, and job qualifications;
``(2) a budget covering the project management
organization, appropriate consultants, property acquisition,
utility relocation, systems demonstration staff, audits, and
miscellaneous payments the recipient may be prepared to
justify;
``(3) a construction schedule for the project;
``(4) a document control procedure and recordkeeping
system;
``(5) a change order procedure that includes a documented,
systematic approach to handling the construction change
orders;
``(6) organizational structures, management skills, and
staffing levels required throughout the construction phase;
``(7) quality control and quality assurance functions,
procedures, and responsibilities for construction, system
installation, and integration of system components;
``(8) material testing policies and procedures;
``(9) internal plan implementation and reporting
requirements;
``(10) criteria and procedures to be used for testing the
operational system or its major components;
``(11) periodic updates of the plan, especially related to
project budget and project schedule, financing, and ridership
estimates; and
``(12) the recipient's commitment to submit periodically a
project budget and project schedule to the Secretary.
``(b) Secretarial Oversight.--
``(1) The Secretary may use no more than 1 percent of
amounts made available in a fiscal year for capital projects
under this chapter to enter into contracts to oversee the
construction of such projects.
``(2) The Secretary may use amounts available under
paragraph (1) of this subsection to make contracts for
safety, procurement, management, and financial compliance
reviews and audits of a recipient of amounts under paragraph
(1).
``(3) The Federal Government shall pay the entire cost of
carrying out a contract under this subsection.
``(c) Access to Sites and Records.--Each recipient of
assistance under this chapter shall provide the Secretary and
a contractor the Secretary chooses under subsection (b) of
this section with access to the construction sites and
records of the recipient when reasonably necessary.
``Sec. 24404. Use of capital grants to finance first-dollar
liability of grant project
``Notwithstanding the requirements of section 24402 of this
chapter, the Secretary of Transportation may approve the use
of a capital assistance grant under this chapter to fund
self-insured retention of risk for the first tier of
liability insurance coverage for rail passenger service
associated with the grant, but the coverage may not exceed
$20,000,000 per occurrence or $20,000,000 in aggregate per
year.
``Sec. 24405. Grant conditions
``(a) Buy America.--(1) The Secretary of Transportation may
obligate an amount that may be appropriated to carry out this
chapter for a project only if the steel, iron, and
manufactured goods used in the project are produced in the
United States.
``(2) The Secretary of Transportation may waive paragraph
(1) of this subsection if the Secretary finds that--
``(A) applying paragraph (1) would be inconsistent with the
public interest;
``(B) the steel, iron, and goods produced in the United
States are not produced in a sufficient and reasonably
available amount or are not of a satisfactory quality;
``(C) rolling stock or power train equipment cannot be
bought and delivered in the United States within a reasonable
time; or
``(D) including domestic material will increase the cost of
the overall project by more than 25 percent.
``(3) For purposes of this subsection, in calculating the
components' costs, labor costs involved in final assembly
shall not be included in the calculation.
``(4) If the Secretary determines that it is necessary to
waive the application of paragraph (1) based on a finding
under paragraph (2), the Secretary shall, before the date on
which such finding takes effect--
``(A) publish in the Federal Register a detailed written
justification as to why the waiver is needed; and
``(B) provide notice of such finding and an opportunity for
public comment on such finding for a reasonable period of
time not to exceed 15 days.
``(5) Not later than December 31, 2012, the Secretary shall
submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report
on any waivers granted under paragraph (2).
``(6) The Secretary of Transportation may not make a waiver
under paragraph (2) of this subsection for goods produced in
a foreign country if the Secretary, in consultation with the
United States Trade Representative, decides that the
government of that foreign country--
``(A) has an agreement with the United States Government
under which the Secretary has waived the requirement of this
subsection; and
``(B) has violated the agreement by discriminating against
goods to which this subsection applies that are produced in
the United States and to which the agreement applies.
``(7) A person is ineligible to receive a contract or
subcontract made with amounts authorized under this chapter
if a court or department, agency, or instrumentality of the
Government decides the person intentionally--
``(A) affixed a `Made in America' label, or a label with an
inscription having the same meaning, to goods sold in or
shipped to the United States that are used in a project to
which this subsection applies but not produced in the United
States; or
``(B) represented that goods described in subparagraph (A)
of this paragraph were produced in the United States.
``(8) The Secretary may not impose any limitation on
assistance provided under this chapter that restricts a State
from imposing more stringent requirements than this
subsection on the use of articles, materials, and supplies
mined, produced, or manufactured in foreign countries in
projects carried out with that assistance or restricts a
recipient of that assistance from complying with those State-
imposed requirements.
``(9) The Secretary may allow a manufacturer or supplier of
steel, iron, or manufactured goods to correct after bid
opening any certification of noncompliance or failure to
properly complete the certification (but not including
failure to sign the certification) under this subsection if
such manufacturer or supplier attests under penalty of
perjury that such manufacturer or supplier submitted an
incorrect certification as a result of an inadvertent or
clerical error. The burden of establishing inadvertent or
clerical error is on the manufacturer or supplier.
``(10) A party adversely affected by an agency action under
this subsection shall have the right to seek review under
section 702 of title 5.
``(11) The requirements of this subsection shall only apply
to projects for which the costs exceed $100,000.
``(b) Operators Deemed Rail Carriers and Employers for
Certain Purposes.--A person that conducts rail operations
over rail infrastructure constructed or improved with funding
provided in whole or in part in a grant made under this
chapter shall be considered a rail carrier as defined in
section 10102(5) of this title for purposes of this title and
any other statute that adopts that definition or in which
that definition applies, including--
``(1) the Railroad Retirement Act of 1974 (45 U.S.C. 231 et
seq.);
``(2) the Railway Labor Act (43 U.S.C. 151 et seq.); and
``(3) the Railroad Unemployment Insurance Act (45 U.S.C.
351 et seq.).
``(c) Grant Conditions.--The Secretary shall require as a
condition of making any grant under this chapter for a
project that uses rights-of-way owned by a railroad that--
``(1) a written agreement exist between the applicant and
the railroad regarding such use and ownership, including--
``(A) any compensation for such use;
``(B) assurances regarding the adequacy of infrastructure
capacity to accommodate both existing and future freight and
passenger operations;
``(C) an assurance by the railroad that collective
bargaining agreements with the railroad's employees
(including terms regulating the contracting of work) will
remain in full force and effect according to their terms for
work performed by the railroad on the railroad transportation
corridor; and
[[Page 21083]]
``(D) an assurance that an applicant complies with
liability requirements consistent with section 28103 of this
title; and
``(2) the applicant agrees to comply with--
``(A) the standards of section 24312 of this title, as such
section was in effect on September 1, 2003, with respect to
the project in the same manner that Amtrak is required to
comply with those standards for construction work financed
under an agreement made under section 24308(a) of this title;
and
``(B) the protective arrangements established under section
504 of the Railroad Revitalization and Regulatory Reform Act
of 1976 (45 U.S.C. 836) with respect to employees affected by
actions taken in connection with the project to be financed
in whole or in part by grants under this chapter.
``(d) Replacement of Existing Intercity Passenger Rail
Service.--
``(1) Collective bargaining agreement for intercity
passenger rail projects.--Any entity providing intercity
passenger railroad transportation that begins operations
after the date of enactment of this Act on a project funded
in whole or in part by grants made under this chapter and
replaces intercity rail passenger service that was provided
by Amtrak, unless such service was provided solely by Amtrak
to another entity, as of such date shall enter into an
agreement with the authorized bargaining agent or agents for
adversely affected employees of the predecessor provider
that--
``(A) gives each such qualified employee of the predecessor
provider priority in hiring according to the employee's
seniority on the predecessor provider for each position with
the replacing entity that is in the employee's craft or class
and is available within 3 years after the termination of the
service being replaced;
``(B) establishes a procedure for notifying such an
employee of such positions;
``(C) establishes a procedure for such an employee to apply
for such positions; and
``(D) establishes rates of pay, rules, and working
conditions.
``(2) Immediate replacement service.--
``(A) Negotiations.--If the replacement of preexisting
intercity rail passenger service occurs concurrent with or
within a reasonable time before the commencement of the
replacing entity's rail passenger service, the replacing
entity shall give written notice of its plan to replace
existing rail passenger service to the authorized collective
bargaining agent or agents for the potentially adversely
affected employees of the predecessor provider at least 90
days before the date on which it plans to commence service.
Within 5 days after the date of receipt of such written
notice, negotiations between the replacing entity and the
collective bargaining agent or agents for the employees of
the predecessor provider shall commence for the purpose of
reaching agreement with respect to all matters set forth in
subparagraphs (A) through (D) of paragraph (1). The
negotiations shall continue for 30 days or until an agreement
is reached, whichever is sooner. If at the end of 30 days the
parties have not entered into an agreement with respect to
all such matters, the unresolved issues shall be submitted
for arbitration in accordance with the procedure set forth in
subparagraph (B).
``(B) Arbitration.--If an agreement has not been entered
into with respect to all matters set forth in subparagraphs
(A) through (D) of paragraph (1) as described in subparagraph
(A) of this paragraph, the parties shall select an
arbitrator. If the parties are unable to agree upon the
selection of such arbitrator within 5 days, either or both
parties shall notify the National Mediation Board, which
shall provide a list of seven arbitrators with experience in
arbitrating rail labor protection disputes. Within 5 days
after such notification, the parties shall alternately strike
names from the list until only 1 name remains, and that
person shall serve as the neutral arbitrator. Within 45 days
after selection of the arbitrator, the arbitrator shall
conduct a hearing on the dispute and shall render a decision
with respect to the unresolved issues among the matters set
forth in subparagraphs (A) through (D) of paragraph (1). The
arbitrator shall be guided by prevailing national standard
rates of pay, benefits, and working conditions for comparable
work. This decision shall be final, binding, and conclusive
upon the parties. The salary and expenses of the arbitrator
shall be borne equally by the parties; all other expenses
shall be paid by the party incurring them.
``(3) Service commencement.--A replacing entity under this
subsection shall commence service only after an agreement is
entered into with respect to the matters set forth in
subparagraphs (A) through (D) of paragraph (1) or the
decision of the arbitrator has been rendered.
``(4) Subsequent replacement of service.--If the
replacement of existing rail passenger service takes place
within 3 years after the replacing entity commences intercity
passenger rail service, the replacing entity and the
collective bargaining agent or agents for the adversely
affected employees of the predecessor provider shall enter
into an agreement with respect to the matters set forth in
subparagraphs (A) through (D) of paragraph (1). If the
parties have not entered into an agreement with respect to
all such matters within 60 days after the date on which the
replacing entity replaces the predecessor provider, the
parties shall select an arbitrator using the procedures set
forth in paragraph (2)(B), who shall, within 20 days after
the commencement of the arbitration, conduct a hearing and
decide all unresolved issues. This decision shall be final,
binding, and conclusive upon the parties.
``(e) Inapplicability to Certain Rail Operations.--Nothing
in this section applies to--
``(1) commuter rail passenger transportation (as defined in
section 24102(4) of this title) operations of a State or
local government authority (as those terms are defined in
section 5302(11) and (6), respectively, of this title)
eligible to receive financial assistance under section 5307
of this title, or to its contractor performing services in
connection with commuter rail passenger operations (as so
defined);
``(2) the Alaska Railroad or its contractors; or
``(3) Amtrak's access rights to railroad rights of way and
facilities under current law.
``(f) Limitation.--No grants shall be provided under this
chapter for commuter rail passenger transportation, as
defined in section 24102(4) of this title.
``Sec. 24406. Authorization of appropriations
``There are authorized to be appropriated to the Secretary
of Transportation for capital grants under this chapter the
following amounts:
``(1) For fiscal year 2009, $100,000,000.
``(2) For fiscal year 2010, $300,000,000.
``(3) For fiscal year 2011, $400,000,000.
``(4) For fiscal year 2012, $500,000,000.
``(5) For fiscal year 2013, $600,000,000.''.
(b) Conforming Amendment.--The chapter analysis for
subtitle V is amended by inserting the following after the
item relating to chapter 243:
``244. INTERCITY PASSENGER RAIL SERVICE CORRIDOR CAPITAL AS24401''.....
(c) Assistance.--In implementing section 24405(a) of title
49, United States Code, the Federal Highway Administration
shall, upon request by the Federal Railroad Administration,
assist the Federal Railroad Administration in developing a
process for posting on its website or distributing via email
notices of waiver requests received pursuant to such
subsection and soliciting public comments on the intent to
issue a waiver. The Federal Railroad Administration's
development of such a process does not relieve the Federal
Railroad Administration of the requirements under paragraph
(4) of such subsection.
SEC. 302. CONGESTION GRANTS.
(a) Amendment.--Chapter 241 of title 49, United States
Code, is amended by adding at the end the following new
section:
``Sec. 24105. Congestion grants
``(a) Authority.--The Secretary of Transportation may make
grants to States, or to Amtrak in cooperation with States,
for financing the capital costs of facilities,
infrastructure, and equipment for high priority rail corridor
projects necessary to reduce congestion or facilitate
ridership growth in intercity rail passenger transportation.
``(b) Eligible Projects.--Projects eligible for grants
under this section include projects--
``(1) identified by Amtrak as necessary to reduce
congestion or facilitate ridership growth in intercity rail
passenger transportation along heavily traveled rail
corridors;
``(2) identified by the Surface Transportation Board as
necessary to improve the on time performance and reliability
of intercity rail passenger transportation under section
24308(f); and
``(3) designated by the Secretary as being sufficiently
advanced in development to be capable of serving the purposes
described in subsection (a) on an expedited schedule.
``(c) Federal Share.--The Federal share of the cost of a
project financed under this section shall not exceed 80
percent.
``(d) Grant Conditions.--The Secretary of Transportation
shall require each recipient of a grant under this section to
comply with the grant requirements of section 24405 of this
title.
``(e) Authorization of Appropriations.--There are
authorized to be appropriated, from amounts made available
under section 301 of the Passenger Rail Investment and
Improvement Act of 2008, to the Secretary to carry out this
section--
``(1) $50,000,000 for fiscal year 2010;
``(2) $75,000,000 for fiscal year 2011;
``(3) $100,000,000 for fiscal year 2012; and
``(4) $100,000,000 for fiscal year 2013.''.
(b) Table of Sections Amendment.--The table of sections for
such chapter 241 is amended by adding at the end the
following new item:
``24105. Congestion grants.''.
SEC. 303. STATE RAIL PLANS.
(a) In General.--Part B of subtitle V is amended by adding
at the end the following:
``CHAPTER 227--STATE RAIL PLANS
``Sec.
``22701. Definitions.
``22702. Authority.
``22703. Purposes.
``22704. Transparency; coordination; review.
``22705. Content.
``22706. Review.
[[Page 21084]]
``Sec. 22701. Definitions
``In this subchapter:
``(1) Private benefit.--
``(A) In general.--The term `private benefit'--
``(i) means a benefit accrued to a person or private
entity, other than Amtrak, that directly improves the
economic and competitive condition of that person or entity
through improved assets, cost reductions, service
improvements, or any other means as defined by the Secretary;
and
``(ii) shall be determined on a project-by-project basis,
based upon an agreement between the parties.
``(B) Consultation.--The Secretary may seek the advice of
the States and rail carriers in further defining this term.
``(2) Public benefit.--
``(A) In general.--The term `public benefit'--
``(i) means a benefit accrued to the public, including
Amtrak, in the form of enhanced mobility of people or goods,
environmental protection or enhancement, congestion
mitigation, enhanced trade and economic development, improved
air quality or land use, more efficient energy use, enhanced
public safety or security, reduction of public expenditures
due to improved transportation efficiency or infrastructure
preservation, and any other positive community effects as
defined by the Secretary; and
``(ii) shall be determined on a project-by-project basis,
based upon an agreement between the parties.
``(B) Consultation.--The Secretary may seek the advice of
the States and rail carriers in further defining this term.
``(3) State.--The term `State' means any of the 50 States
and the District of Columbia.
``(4) State rail transportation authority.--The term `State
rail transportation authority' means the State agency or
official responsible under the direction of the Governor of
the State or a State law for preparation, maintenance,
coordination, and administration of the State rail plan.
``Sec. 22702. Authority
``(a) In General.--Each State may prepare and maintain a
State rail plan in accordance with the provisions of this
chapter.
``(b) Requirements.--The Secretary shall establish the
minimum requirements for the preparation and periodic
revision of a State rail plan, including that a State shall--
``(1) establish or designate a State rail transportation
authority to prepare, maintain, coordinate, and administer
the plan;
``(2) establish or designate a State rail plan approval
authority to approve the plan;
``(3) submit the State's approved plan to the Secretary of
Transportation for review; and
``(4) revise and resubmit a State-approved plan no less
frequently than once every 5 years for reapproval by the
Secretary.
``Sec. 22703. Purposes
``(a) Purposes.--The purposes of a State rail plan are as
follows:
``(1) To set forth State policy involving freight and
passenger rail transportation, including commuter rail
operations, in the State.
``(2) To establish the period covered by the State rail
plan.
``(3) To present priorities and strategies to enhance rail
service in the State that benefits the public.
``(4) To serve as the basis for Federal and State rail
investments within the State.
``(b) Coordination.--A State rail plan shall be coordinated
with other State transportation planning goals and programs,
including the plan required under section 135 of title 23,
and set forth rail transportation's role within the State
transportation system.
``Sec. 22704. Transparency; coordination; review
``(a) Preparation.--A State shall provide adequate and
reasonable notice and opportunity for comment and other input
to the public, rail carriers, commuter and transit
authorities operating in, or affected by rail operations
within the State, units of local government, and other
interested parties in the preparation and review of its State
rail plan.
``(b) Intergovernmental Coordination.--A State shall review
the freight and passenger rail service activities and
initiatives by regional planning agencies, regional
transportation authorities, and municipalities within the
State, or in the region in which the State is located, while
preparing the plan, and shall include any recommendations
made by such agencies, authorities, and municipalities as
deemed appropriate by the State.
``Sec. 22705. Content
``(a) In General.--Each State rail plan shall, at a
minimum, contain the following:
``(1) An inventory of the existing overall rail
transportation system and rail services and facilities within
the State and an analysis of the role of rail transportation
within the State's surface transportation system.
``(2) A review of all rail lines within the State,
including proposed high-speed rail corridors and significant
rail line segments not currently in service.
``(3) A statement of the State's passenger rail service
objectives, including minimum service levels, for rail
transportation routes in the State.
``(4) A general analysis of rail's transportation,
economic, and environmental impacts in the State, including
congestion mitigation, trade and economic development, air
quality, land-use, energy-use, and community impacts.
``(5) A long-range rail investment program for current and
future freight and passenger infrastructure in the State that
meets the requirements of subsection (b).
``(6) A statement of public financing issues for rail
projects and service in the State, including a list of
current and prospective public capital and operating funding
resources, public subsidies, State taxation, and other
financial policies relating to rail infrastructure
development.
``(7) An identification of rail infrastructure issues
within the State that reflects consultation with all relevant
stakeholders.
``(8) A review of major passenger and freight intermodal
rail connections and facilities within the State, including
seaports, and prioritized options to maximize service
integration and efficiency between rail and other modes of
transportation within the State.
``(9) A review of publicly funded projects within the State
to improve rail transportation safety and security, including
all major projects funded under section 130 of title 23.
``(10) A performance evaluation of passenger rail services
operating in the State, including possible improvements in
those services, and a description of strategies to achieve
those improvements.
``(11) A compilation of studies and reports on high-speed
rail corridor development within the State not included in a
previous plan under this subchapter, and a plan for funding
any recommended development of such corridors in the State.
``(12) A statement that the State is in compliance with the
requirements of section 22102.
``(b) Long-Range Service and Investment Program.--
``(1) Program content.--A long-range rail investment
program included in a State rail plan under subsection (a)(5)
shall, at a minimum, include the following matters:
``(A) A list of any rail capital projects expected to be
undertaken or supported in whole or in part by the State.
``(B) A detailed funding plan for those projects.
``(2) Project list content.--The list of rail capital
projects shall contain--
``(A) a description of the anticipated public and private
benefits of each such project; and
``(B) a statement of the correlation between--
``(i) public funding contributions for the projects; and
``(ii) the public benefits.
``(3) Considerations for project list.--In preparing the
list of freight and intercity passenger rail capital
projects, a State rail transportation authority should take
into consideration the following matters:
``(A) Contributions made by non-Federal and non-State
sources through user fees, matching funds, or other private
capital involvement.
``(B) Rail capacity and congestion effects.
``(C) Effects on highway, aviation, and maritime capacity,
congestion, or safety.
``(D) Regional balance.
``(E) Environmental impact.
``(F) Economic and employment impacts.
``(G) Projected ridership and other service measures for
passenger rail projects.
``Sec. 22706. Review
``The Secretary shall prescribe procedures for States to
submit State rail plans for review under this title,
including standardized format and data requirements. State
rail plans completed before the date of enactment of the
Passenger Rail Investment and Improvement Act of 2008 that
substantially meet the requirements of this chapter, as
determined by the Secretary, shall be deemed by the Secretary
to have met the requirements of this chapter.''.
(b) Conforming Amendment.--The chapter analysis for
subtitle V is amended by inserting the following after the
item relating to chapter 223:
``227. State rail plans...................................22701''.....
SEC. 304. TUNNEL PROJECT.
(a) New Tunnel Alignment and Environmental Review.--Not
later than September 30, 2013, the Federal Railroad
Administration, working with Amtrak, the Surface
Transportation Board, the City of Baltimore, the State of
Maryland, and rail operators described in subsection (b), as
appropriate, shall--
(1) select and approve, as applicable, a new rail tunnel
alignment in Baltimore that will permit an increase in train
speed and service reliability; and
(2) ensure completion of the related environmental review
process.
(b) Affected Rail Operators.--Rail operators other than
Amtrak may participate in activities described in subsection
(a) to the extent that they can demonstrate the intention and
ability to contribute to the construction of the new tunnel.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary for carrying out this
section $60,000,000 for the period encompassing fiscal years
2009 through 2013.
[[Page 21085]]
SEC. 305. NEXT GENERATION CORRIDOR TRAIN EQUIPMENT POOL.
(a) In General.--Within 180 days after the date of
enactment of this Act, Amtrak shall establish a Next
Generation Corridor Equipment Pool Committee, comprised of
representatives of Amtrak, the Federal Railroad
Administration, host freight railroad companies, passenger
railroad equipment manufacturers, interested States, and, as
appropriate, other passenger railroad operators. The purpose
of the Committee shall be to design, develop specifications
for, and procure standardized next-generation corridor
equipment.
(b) Functions.--The Committee may--
(1) determine the number of different types of equipment
required, taking into account variations in operational needs
and corridor infrastructure;
(2) establish a pool of equipment to be used on corridor
routes funded by participating States; and
(3) subject to agreements between Amtrak and States,
utilize services provided by Amtrak to design, maintain and
remanufacture equipment.
(c) Cooperative Agreements.--Amtrak and States
participating in the Committee may enter into agreements for
the funding, procurement, remanufacture, ownership, and
management of corridor equipment, including equipment
currently owned or leased by Amtrak and next-generation
corridor equipment acquired as a result of the Committee's
actions, and may establish a corporation, which may be owned
or jointly-owned by Amtrak, participating States, or other
entities, to perform these functions.
(d) Funding.--In addition to the authorizations provided in
this section, capital projects to carry out the purposes of
this section shall be eligible for grants made pursuant to
chapter 244 of title 49, United States Code.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary $5,000,000 for fiscal
year 2010, to remain available until expended, for grants to
Amtrak and States participating in the Next Generation
Corridor Train Equipment Pool Committee established under
this section for the purpose of designing, developing
specifications for, and initiating the procurement of an
initial order of 1 or more types of standardized next-
generation corridor train equipment and establishing a
jointly-owned corporation to manage that equipment.
SEC. 306. RAIL COOPERATIVE RESEARCH PROGRAM.
(a) Establishment and Content.--Chapter 249 is amended by
adding at the end the following:
``Sec. 24910. Rail cooperative research program
``(a) In General.--The Secretary shall establish and carry
out a rail cooperative research program. The program shall--
``(1) address, among other matters, intercity rail
passenger and freight rail services, including existing rail
passenger and freight technologies and speeds, incrementally
enhanced rail systems and infrastructure, and new high-speed
wheel-on-rail systems;
``(2) address ways to expand the transportation of
international trade traffic by rail, enhance the efficiency
of intermodal interchange at ports and other intermodal
terminals, and increase capacity and availability of rail
service for seasonal freight needs;
``(3) consider research on the interconnectedness of
commuter rail, passenger rail, freight rail, and other rail
networks; and
``(4) give consideration to regional concerns regarding
rail passenger and freight transportation, including meeting
research needs common to designated high-speed corridors,
long-distance rail services, and regional intercity rail
corridors, projects, and entities.
``(b) Content.--The program to be carried out under this
section shall include research designed--
``(1) to identify the unique aspects and attributes of rail
passenger and freight service;
``(2) to develop more accurate models for evaluating the
impact of rail passenger and freight service, including the
effects on highway and airport and airway congestion,
environmental quality, and energy consumption;
``(3) to develop a better understanding of modal choice as
it affects rail passenger and freight transportation,
including development of better models to predict
utilization;
``(4) to recommend priorities for technology demonstration
and development;
``(5) to meet additional priorities as determined by the
advisory board established under subsection (c), including
any recommendations made by the National Research Council;
``(6) to explore improvements in management, financing, and
institutional structures;
``(7) to address rail capacity constraints that affect
passenger and freight rail service through a wide variety of
options, ranging from operating improvements to dedicated new
infrastructure, taking into account the impact of such
options on operations;
``(8) to improve maintenance, operations, customer service,
or other aspects of intercity rail passenger and freight
service;
``(9) to recommend objective methodologies for determining
intercity passenger rail routes and services, including the
establishment of new routes, the elimination of existing
routes, and the contraction or expansion of services or
frequencies over such routes;
``(10) to review the impact of equipment and operational
safety standards on the further development of high-speed
passenger rail operations connected to or integrated with
non-high-speed freight or passenger rail operations;
``(11) to recommend any legislative or regulatory changes
necessary to foster further development and implementation of
high-speed passenger rail operations while ensuring the
safety of such operations that are connected to or integrated
with non-high-speed freight or passenger rail operations;
``(12) to review rail crossing safety improvements,
including improvements using new safety technology; and
``(13) to review and develop technology designed to reduce
train horn noise and its effect on communities, including
broadband horn technology.
``(c) Advisory Board.--
``(1) Establishment.--In consultation with the heads of
appropriate Federal departments and agencies, the Secretary
shall establish an advisory board to recommend research,
technology, and technology transfer activities related to
rail passenger and freight transportation.
``(2) Membership.--The advisory board shall include--
``(A) representatives of State transportation agencies;
``(B) transportation and environmental economists,
scientists, and engineers; and
``(C) representatives of Amtrak, the Alaska Railroad,
freight railroads, transit operating agencies, intercity rail
passenger agencies, railway labor organizations, and
environmental organizations.
``(d) National Academy of Sciences.--The Secretary may make
grants to, and enter into cooperative agreements with, the
National Academy of Sciences to carry out such activities
relating to the research, technology, and technology transfer
activities described in subsection (b) as the Secretary deems
appropriate.
``(e) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary of
Transportation $5,000,000 for each of fiscal years 2010
through 2013 for carrying out this section.''.
(b) Clerical Amendment.--The chapter analysis for chapter
249 is amended by adding at the end the following:
``24910. Rail cooperative research program.''.
SEC. 307. FEDERAL RAIL POLICY.
Section 103 is amended--
(1) by inserting ``In General.--'' before ``The Federal''
in subsection (a);
(2) by striking the second and third sentences of
subsection (a);
(3) by inserting after subsection (a) the following:
``(b) Safety.--To carry out all railroad safety laws of the
United States, the Administration is divided on a
geographical basis into at least 8 safety offices. The
Secretary of Transportation is responsible for all acts taken
under those laws and for ensuring that the laws are uniformly
administered and enforced among the safety offices.''; and
(4) by adding at the end the following:
``(j) Additional Duties of the Administrator.--The
Administrator shall--
``(1) provide assistance to States in developing State rail
plans prepared under chapter 227 and review all State rail
plans submitted under that section;
``(2) develop a long-range national rail plan that is
consistent with approved State rail plans and the rail needs
of the Nation, as determined by the Secretary in order to
promote an integrated, cohesive, efficient, and optimized
national rail system for the movement of goods and people;
``(3) develop a preliminary national rail plan within a
year after the date of enactment of the Passenger Rail
Investment and Improvement Act of 2008;
``(4) develop and enhance partnerships with the freight and
passenger railroad industry, States, and the public
concerning rail development;
``(5) support rail intermodal development and high-speed
rail development, including high speed rail planning;
``(6) ensure that programs and initiatives developed under
this section benefit the public and work toward achieving
regional and national transportation goals; and
``(7) facilitate and coordinate efforts to assist freight
and passenger rail carriers, transit agencies and
authorities, municipalities, and States in passenger-freight
service integration on shared rights of way by providing
neutral assistance at the joint request of affected rail
service providers and infrastructure owners relating to
operations and capacity analysis, capital requirements,
operating costs, and other research and planning related to
corridors shared by passenger or commuter rail service and
freight rail operations.
``(k) Performance Goals and Reports.--
``(1) Performance goals.--In conjunction with the
objectives established and activities undertaken under
subsection (j) of this section, the Administrator shall
develop a schedule for achieving specific, measurable
performance goals.
``(2) Resource needs.--The strategy and annual plans shall
include estimates of the funds and staff resources needed to
accomplish each goal and the additional duties required under
subsection (j).
[[Page 21086]]
``(3) Submission with president's budget.--Beginning with
fiscal year 2010 and each fiscal year thereafter, the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate, at the same time as the President's budget
submission, the Administration's performance goals and
schedule developed under paragraph (1), including an
assessment of the progress of the Administration toward
achieving its performance goals.''.
TITLE IV--MISCELLANEOUS PROVISIONS
SEC. 401. COMMUTER RAIL MEDIATION.
(a) Amendment.--Part E of subtitle V is amended by adding
at the end the following:
``CHAPTER 285--COMMUTER RAIL MEDIATION
``Sec.
``28501. Definitions
``28502. Surface Transportation Board mediation of trackage use
requests.
``28503. Surface Transportation Board mediation of rights-of-way use
requests.
``28504. Applicability of other laws.
``28505. Rules and regulations.
``Sec. 28501. Definitions
``In this chapter--
``(1) the term `Board' means the Surface Transportation
Board;
``(2) the term `capital work' means maintenance,
restoration, reconstruction, capacity enhancement, or
rehabilitation work on trackage that would be treated, in
accordance with generally accepted accounting principles, as
a capital item rather than an expense;
``(3) the term `commuter rail passenger transportation' has
the meaning given that term in section 24102;
``(4) the term `public transportation authority' means a
local governmental authority (as defined in section
5302(a)(6)) established to provide, or make a contract
providing for, commuter rail passenger transportation;
``(5) the term `rail carrier' means a person, other than a
governmental authority, providing common carrier railroad
transportation for compensation subject to the jurisdiction
of the Board under chapter 105;
``(6) the term `segregated fixed guideway facility' means a
fixed guideway facility constructed within the railroad
right-of-way of a rail carrier but physically separate from
trackage, including relocated trackage, within the right-of-
way used by a rail carrier for freight transportation
purposes; and
``(7) the term `trackage' means a railroad line of a rail
carrier, including a spur, industrial, team, switching, side,
yard, or station track, and a facility of a rail carrier.
``Sec. 28502. Surface Transportation Board mediation of
trackage use requests
``If, after a reasonable period of negotiation, a public
transportation authority cannot reach agreement with a rail
carrier to use trackage of, and have related services
provided by, the rail carrier for purposes of commuter rail
passenger transportation, the public transportation authority
or the rail carrier may apply to the Board for nonbinding
mediation. The Board shall conduct the nonbinding mediation
in accordance with the mediation process of section 1109.4 of
title 49, Code of Federal Regulations, as in effect on the
date of enactment of this section.
``Sec. 28503. Surface Transportation Board mediation of
rights-of-way use requests
``If, after a reasonable period of negotiation, a public
transportation authority cannot reach agreement with a rail
carrier to acquire an interest in a railroad right-of-way for
the construction and operation of a segregated fixed guideway
facility to provide commuter rail passenger transportation,
the public transportation authority or the rail carrier may
apply to the Board for nonbinding mediation. The Board shall
conduct the nonbinding mediation in accordance with the
mediation process of section 1109.4 of title 49, Code of
Federal Regulations, as in effect on the date of enactment of
this section.
``Sec. 28504. Applicability of other laws
``Nothing in this chapter shall be construed to limit a
rail transportation provider's right under section 28103(b)
to enter into contracts that allocate financial
responsibility for claims.
``Sec. 28505. Rules and regulations
``Within 1 year after the date of enactment of this
section, the Board shall issue such rules and regulations as
may be necessary to carry out this chapter.''.
(b) Clerical Amendment.--The table of chapters of such
subtitle is amended by adding after the item relating to
chapter 283 the following:
``285. COMMUTER RAIL MEDIATION.............................28501''.....
SEC. 402. ROUTING EFFICIENCY DISCUSSIONS WITH AMTRAK.
Amtrak, commuter rail entities, regional and State public
transportation authorities, and freight railroad carriers are
encouraged to engage in good faith discussions with respect
to the routing and timing of trains to efficiently move a
maximum number of commuter, intercity, and regional rail
passengers, particularly during the peak times of commuter
usage.
SEC. 403. SENSE OF CONGRESS REGARDING COMMUTER RAIL
EXPANSION.
(a) Findings.--The Congress find the following:
(1) In 2006, Americans took 10.1 billion trips on public
transportation for the first time since 1949.
(2) The Northeast region is one of the Nation's largest
emerging transportation ``megaregions'' where infrastructure
expansion and improvements are most needed.
(3) New England's road traffic has increased two to three
times faster than its population since 1990.
(4) Connecticut has one of the Nation's longest average
commute times according to the United States Census Bureau,
and 80 percent of Connecticut commuters drive by themselves
to work, demonstrating the need for expanded commuter rail
access.
(5) The Connecticut Department of Transportation has
pledged to modernize, repair, and strengthen the rail line
infrastructure to provide for increased safety and security
along a crucial transportation corridor in the Northeast.
(6) Expanded New Haven-Springfield rail service would
improve access to Bradley International Airport, one the
region's busiest airports, as well as to Hartford,
Connecticut, and Springfield, Massachusetts, two of the
region's commercial, residential, and industrial centers.
(7) Expanded commuter rail service on the New Haven-
Springfield line could result in an estimated 630,000
additional trips per year and 2,215,384 passenger miles per
year, helping to curb pollution and greenhouse gas emissions
from road vehicle traffic.
(8) The MetroNorth New Haven Line and Shore Line East
railways saw respective 3.43 percent and 4.93 percent
increases in ridership over the course of 2007, demonstrating
the need for expanded commuter rail service in Connecticut.
(9) Expanded New Haven-Springfield commuter rail service
could provide transportation nearly 17 times more efficient
in terms of average mileage versus road vehicles, alleviating
road congestion and providing a significant savings to
consumers during a time of high gas prices.
(b) Sense of Congress.--It is the sense of the Congress
that expanded commuter rail service on the rail line between
New Haven, Connecticut, and Springfield, Massachusetts, is an
important transportation priority, and Amtrak should work
cooperatively with the States of Connecticut and
Massachusetts to enable expanded commuter rail service on
such line.
(c) Infrastructure Maintenance Report.--Amtrak shall submit
a report to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate, and to the State Departments of Transportation of
Connecticut and Massachusetts, on the total cost of
uncompleted infrastructure maintenance on the rail line
between New Haven, Connecticut, and Springfield,
Massachusetts.
SEC. 404. LOCOMOTIVE BIOFUEL STUDY.
(a) In General.--The Secretary, in consultation with the
Secretary of Energy and the Administrator of the
Environmental Protection Agency, shall conduct a study to
determine the extent to which freight railroads, Amtrak, and
other passenger rail operators could use biofuel blends to
power locomotives and other vehicles that can operate on
diesel fuel, as appropriate.
(b) Definition.--In this section, the term ``biofuel'' has
the meaning given such term by section 9001 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8101).
(c) Factors.--In conducting the study, the Secretary shall
consider--
(1) the energy intensity of various biofuel blends compared
to diesel fuel;
(2) environmental and energy effects of using various
biofuel blends compared to diesel fuel, including emission
effects;
(3) the cost of purchasing biofuel blends;
(4) whether sufficient biofuel is readily available;
(5) any public benefits derived from the use of such fuels;
and
(6) the effect of biofuel use on locomotive and other
vehicle performance and warranty specifications.
(d) Locomotive Testing.--As part of the study, the
Secretary shall test locomotive engine performance and
emissions using blends of biofuel and diesel fuel in order to
recommend premium locomotive biofuel blends.
(e) Report.--Within 1 year after the date of enactment of
this Act, the Secretary shall issue the results of this study
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
SEC. 405. STUDY OF THE USE OF BIOBASED TECHNOLOGIES.
Within 1 year after the date of enactment of this Act, the
Secretary shall transmit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report
[[Page 21087]]
containing the results of a study of the feasibility of using
readily biodegradable lubricants for freight and passenger
railroad locomotives, rolling stock, or other equipment. The
Secretary shall work with an agricultural-based lubricant
testing facility or facilities to complete this study. The
study shall include--
(1) an analysis of the potential use of soy-based grease
and soy-based hydraulic fluids to perform according to
railroad industry standards;
(2) an analysis of the potential use of other readily
biodegradable lubricants to perform according to railroad
industry standards;
(3) a comparison of the health and safety of petroleum-
based lubricants with biobased lubricants, which shall
include an analysis of fire safety; and
(4) a comparison of the environmental impact of petroleum-
based lubricants with biobased lubricants, which shall
include the rate and effects of biodegradability.
SEC. 406. CROSS-BORDER PASSENGER RAIL SERVICE.
(a) Plan.--Not later than 1 year after the date of the
enactment of this Act, Amtrak shall, in consultation with the
Secretary, the Secretary of Homeland Security, the Washington
State Department of Transportation, and the owners of the
relevant railroad infrastructure--
(1) develop a strategic plan to facilitate expanded
passenger rail service across the international border
between the United States and Canada during the 2010 Olympic
Games on the Amtrak passenger rail route between Vancouver,
British Columbia, Canada, and Eugene, Oregon (commonly known
as ``Amtrak Cascades'');
(2) develop recommendations for the Department of Homeland
Security to process efficiently rail passengers traveling on
Amtrak Cascades across such international border during the
2010 Olympic Games; and
(3) submit to Congress a report containing the strategic
plan described in paragraph (1) and the recommendations
described in paragraph (2).
(b) Travel Facilitation.--Using existing authority or
agreements, or upon reaching additional agreements with
Canada, the Secretary and other Federal agencies, as
appropriate, are authorized to establish facilities and
procedures to conduct preclearance of passengers traveling on
Amtrak trains from Canada to the United States. The Secretary
shall seek to establish such facilities and procedures--
(1) in Vancouver, Canada, no later than June 1, 2009; and
(2) in other areas as determined appropriate by the
Secretary.
SEC. 407. HISTORIC PRESERVATION OF RAILROADS.
(a) Study; Other Actions.--The Secretary of Transportation
shall--
(1) conduct a study, in consultation with the Advisory
Council on Historic Preservation, the National Conference of
State Historic Preservation Officers, the Department of the
Interior, appropriate representatives of the railroad
industry, and representative stakeholders, on ways to
streamline compliance with the requirements of section 303 of
title 49, United States Code, and section 106 of the National
Historic Preservation Act (16 U.S.C. 470f) for federally
funded railroad infrastructure repair and improvement
projects;
(2) take immediate action to cooperate with the Alaska
Railroad, the Alaska State Historic Preservation Office, the
Advisory Council on Historic Preservation, and the Department
of the Interior, in expediting the decisionmaking process for
safety-related projects of the railroad involving property
and facilities that have disputed historic significance; and
(3) take immediate action to cooperate with the North
Carolina Department of Transportation, the North Carolina
State Historic Preservation Office, the Virginia State
Historic Preservation Office, the Advisory Council on
Historic Preservation, and the Department of the Interior, in
expediting the decisionmaking process for safety-related
railroad projects of the North Carolina Department of
Transportation and the Southeast High Speed Rail Corridor
involving property and facilities that have disputed historic
significance.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit, to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate, a report on the results of
the study conducted under subsection (a)(1) and the actions
directed under subsection (a)(2) and (3). The report shall
include recommendations for any regulatory or legislative
amendments that may streamline compliance with the
requirements described in subsection (a)(1) in a manner
consistent with railroad safety and the policies and purposes
of section 106 of the National Historic Preservation Act (16
U.S.C. 470f), section 303 of title 49, United States Code,
and section 8(d) of Public Law 90-543 (16 U.S.C. 1247(d)).
TITLE V--HIGH-SPEED RAIL
SEC. 501. HIGH-SPEED RAIL CORRIDOR PROGRAM.
(a) Corridor Planning.--Section 26101 is amended--
(1) in the section heading, by striking ``Corridor
development'' and inserting ``High-speed rail corridor
planning'';
(2) in the heading of subsection (a), by striking
``Corridor Development'' and inserting ``Corridor Planning'';
(3) by striking ``corridor development'' each place it
appears and inserting ``corridor planning''; and
(4) in subsection (c)(2), by striking ``development'' and
inserting ``planning''.
(b) Authorization of Appropriations.--Section 26104 is
amended in paragraph (1) of subsection (a) by striking
``$70,000,000'' and inserting ``$30,000,000''.
(c) Conforming Amendment.--The item relating to section
26101 in the table of sections of chapter 261 is amended by
striking ``Corridor development'' and inserting ``High-speed
rail corridor planning''.
(d) High-Speed Rail Corridor Development.--Chapter 261 is
amended by adding at the end thereof the following:
``Sec. 26106. High-speed rail corridor development
``(a) In General.--The Secretary of Transportation shall
establish and implement a high-speed rail corridor
development program.
``(b) Definitions.--In this section, the following
definitions apply:
``(1) Applicant.--The term `applicant' means a State, a
group of States, an Interstate Compact, a public agency
established by one or more States and having responsibility
for providing high-speed rail service, or Amtrak.
``(2) Corridor.--The term `corridor' means a corridor
designated by the Secretary pursuant to section 104(d)(2) of
title 23.
``(3) Capital project.--The term `capital project' means a
project or program in a State rail plan developed under
chapter 227 of this title for acquiring, constructing,
improving, or inspecting equipment, track, and track
structures, or a facility of use in or for the primary
benefit of high-speed rail service, expenses incidental to
the acquisition or construction (including designing,
engineering, location surveying, mapping, environmental
studies, and acquiring rights-of-way), payments for the
capital portions of rail trackage rights agreements, highway-
rail grade crossing improvements related to high-speed rail
service, mitigating environmental impacts, communication and
signalization improvements, relocation assistance, acquiring
replacement housing sites, and acquiring, constructing,
relocating, and rehabilitating replacement housing.
``(4) High-speed rail.--The term `high-speed rail' means
intercity passenger rail service that is reasonably expected
to reach speeds of at least 110 miles per hour.
``(5) Intercity passenger rail service.--The term
`intercity passenger rail service' has the meaning given the
term `intercity rail passenger transportation' in section
24102 of this title.
``(6) State.--The term `State' means any of the 50 States
or the District of Columbia.
``(c) General Authority.--The Secretary may make grants
under this section to an applicant to finance capital
projects in high-speed rail corridors.
``(d) Applications.--Each applicant seeking to receive a
grant under this section to develop a high-speed rail
corridor shall submit to the Secretary an application in such
form and in accordance with such requirements as the
Secretary shall establish.
``(e) Competitive Grant Selection and Criteria for
Grants.--
``(1) In general.--The Secretary shall--
``(A) establish criteria for selecting among projects that
meet the criteria specified in paragraph (2);
``(B) conduct a national solicitation for applications; and
``(C) award grants on a competitive basis.
``(2) Grant criteria.--The Secretary, in selecting the
recipients of high-speed rail development grants to be
provided under subsection (c), shall--
``(A) require--
``(i) that the project be part of a State rail plan
developed under chapter 227 of this title, or under the plan
required by section 211 of the Passenger Rail Investment and
Improvement Act of 2008;
``(ii) that the applicant or recipient has or will have the
legal, financial, and technical capacity to carry out the
project, satisfactory continuing control over the use of the
equipment or facilities, and the capability and willingness
to maintain the equipment or facilities;
``(iii) that the project be based on the results of
preliminary engineering studies or other planning, including
corridor planning activities funded under section 26101 of
this title;
``(iv) that the applicant provides sufficient information
upon which the Secretary can make the findings required by
this subsection;
``(v) that if an applicant has selected the proposed
operator of its service, that the applicant provide written
justification to the Secretary showing why the proposed
operator is the best, taking into account costs and other
factors;
``(vi) that each proposed project meet all safety and
security requirements that are applicable to the project
under law; and
``(vii) that each project be compatible with, and operated
in conformance with--
[[Page 21088]]
``(I) plans developed pursuant to the requirements of
section 135 of title 23; and
``(II) the national rail plan (if it is available);
``(B) select high-speed rail projects--
``(i) that are anticipated to result in significant
improvements to intercity rail passenger service, including,
but not limited to, consideration of the project's--
``(I) levels of estimated ridership, increased on-time
performance, reduced trip time, additional service frequency
to meet anticipated or existing demand, or other significant
service enhancements as measured against minimum standards
developed under section 207 of the Passenger Rail Investment
and Improvement Act of 2008;
``(II) anticipated favorable impact on air or highway
traffic congestion, capacity, or safety; and
``(ii) for which there is a high degree of confidence that
the proposed project is feasible and will result in the
anticipated benefits, as indicated by--
``(I) the project's precommencement compliance with
environmental protection requirements;
``(II) the readiness of the project to be commenced;
``(III) the commitment of any affected host rail carrier to
ensure the realization of the anticipated benefits; and
``(IV) other relevant factors as determined by the
Secretary;
``(iii) for which the level of the anticipated benefits
compares favorably to the amount of Federal funding requested
under this section; and
``(C) give greater consideration to projects--
``(i) that are anticipated to result in benefits to other
modes of transportation and to the public at large,
including, but not limited to, consideration of the
project's--
``(I) encouragement of intermodal connectivity through
provision of direct connections between train stations,
airports, bus terminals, subway stations, ferry ports, and
other modes of transportation;
``(II) anticipated improvement of conventional intercity
passenger, freight, or commuter rail operations;
``(III) use of positive train control technologies;
``(IV) environmental benefits, including projects that
involve the purchase of environmentally sensitive, fuel-
efficient, and cost-effective passenger rail equipment;
``(V) anticipated positive economic and employment impacts;
``(VI) encouragement of State and private contributions
toward station development, energy and environmental
efficiency, and economic benefits; and
``(VII) falling under the description in section
5302(a)(1)(G) of this title as defined to support intercity
passenger rail service; and
``(ii) that incorporate equitable financial participation
in the project's financing, including, but not limited to,
consideration of--
``(I) donated property interests or services;
``(II) financial contributions by intercity passenger,
freight, and commuter rail carriers commensurate with the
benefit expected to their operations; and
``(III) financial commitments from host railroads, non-
Federal governmental entities, non-governmental entities, and
others.
``(3) Grant conditions.--The Secretary shall require each
recipient of a grant under this chapter to comply with the
grant requirements of section 24405 of this title.
``(4) State rail plans.--State rail plans completed before
the date of enactment of the Passenger Rail Investment and
Improvement Act of 2008 that substantially meet the
requirements of chapter 227 of this title, as determined by
the Secretary pursuant to section 22506 of this title, shall
be deemed by the Secretary to have met the requirements of
paragraph (2)(A)(i) of this subsection.
``(f) Federal Share.--The Federal share of the cost of a
project financed under this section shall not exceed 80
percent of the project net capital cost.
``(g) Issuance of Regulations.--Within 1 year after the
date of enactment of this section, the Secretary shall issue
regulations to carry out this section.
``(h) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary to carry out
this section--
``(1) $150,000,000 for fiscal year 2009;
``(2) $300,000,000 for fiscal year 2010;
``(3) $350,000,000 for fiscal year 2011;
``(4) $350,000,000 for fiscal year 2012; and
``(5) $350,000,000 for fiscal year 2013.''.
(e) Table of Sections Amendment.--The table of sections for
chapter 261 is amended by adding after the item relating to
section 26105 the following new item:
``26106. High-speed rail corridor development.''.
SEC. 502. ADDITIONAL HIGH-SPEED RAIL PROJECTS.
(a) Solicitation of Proposals.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall issue a request
for proposals for projects for the financing, design,
construction, operation, and maintenance of a high-speed
intercity passenger rail system operating within a high-speed
rail corridor, including--
(A) the Northeast Corridor;
(B) the California Corridor;
(C) the Empire Corridor;
(D) the Pacific Northwest Corridor;
(E) the South Central Corridor;
(F) the Gulf Coast Corridor;
(G) the Chicago Hub Network;
(H) the Florida Corridor;
(I) the Keystone Corridor;
(J) the Northern New England Corridor; and
(K) the Southeast Corridor.
(2) Submission.--Proposals shall be submitted to the
Secretary not later than 270 days after the publication of
such request for proposals under paragraph (1).
(3) Performance standard.--Proposals submitted under
paragraph (2) must meet any standards established by the
Secretary. For corridors with existing intercity passenger
rail service, proposals shall also be designed to achieve a
reduction of existing minimum intercity rail service trip
times between the main corridor city pairs by a minimum of 25
percent. In the case of a proposal submitted with respect to
paragraph (1)(A), the proposal must be designed to achieve a
2-hour or less express service between Washington, District
of Columbia, and New York City, New York.
(4) Contents.--A proposal submitted under this subsection
shall include--
(A) the names and qualifications of the persons submitting
the proposal and the entities proposed to finance, design,
construct, operate, and maintain the railroad, railroad
equipment, and related facilities, stations, and
infrastructure;
(B) a detailed description of the proposed rail service,
including possible routes, required infrastructure
investments and improvements, equipment needs and type, train
frequencies, peak and average operating speeds, and trip
times;
(C) a description of how the project would comply with
Federal rail safety and security laws, orders, and
regulations governing high-speed rail operations;
(D) the locations of proposed stations, which maximize the
usage of existing infrastructure to the extent possible, and
the populations such stations are intended to serve;
(E) the type of equipment to be used, including any
technologies, to achieve trip time goals;
(F) a description of any proposed legislation needed to
facilitate all aspects of the project;
(G) a financing plan identifying--
(i) projected revenue, and sources thereof;
(ii) the amount of any requested public contribution toward
the project, and proposed sources;
(iii) projected annual ridership projections for the first
10 years of operations;
(iv) annual operations and capital costs;
(v) the projected levels of capital investments required
both initially and in subsequent years to maintain a state-
of-good-repair necessary to provide the initially proposed
level of service or higher levels of service;
(vi) projected levels of private investment and sources
thereof, including the identity of any person or entity that
has made or is expected to make a commitment to provide or
secure funding and the amount of such commitment; and
(vii) projected funding for the full fair market
compensation for any asset, property right or interest, or
service acquired from, owned, or held by a private person or
Federal entity that would be acquired, impaired, or
diminished in value as a result of a project, except as
otherwise agreed to by the private person or entity;
(H) a description of how the project would contribute to
the development of a national high-speed rail system and an
intermodal plan describing how the system will facilitate
convenient travel connections with other transportation
services;
(I) a description of how the project will ensure compliance
with Federal laws governing the rights and status of
employees associated with the route and service, including
those specified in section 24405 of title 49, United States
Code;
(J) a description of how the design, construction,
implementation, and operation of the project will accommodate
and allow for future growth of existing and projected
intercity, commuter, and freight rail service;
(K) a description of how the project would comply with
Federal and State environmental laws and regulations, of what
the environmental impacts would result from the project, and
how any adverse impacts would be mitigated; and
(L) a description of the project's impacts on highway and
aviation congestion, energy consumption, land use, and
economic development in the service area.
(b) Determination and Establishment of Commissions.--Not
later than 60 days after receipt of the proposals under
subsection (a), the Secretary shall--
(1) make a determination as to whether any such proposals--
(A) contain the information required under subsection
(a)(3) and (4);
(B) are sufficiently credible to warrant further
consideration;
(C) are likely to result in a positive impact on the
Nation's transportation system; and
(D) are cost-effective and in the public interest; and
(2) establish a commission under subsection (c) for each
corridor with one or
[[Page 21089]]
more proposals that the Secretary determines satisfies the
requirements of paragraph (1), and forward to each commission
such proposals for review and consideration.
(c) Commissions.--
(1) Members.--Each commission referred to in subsection
(b)(2) shall include--
(A) the governors of the affected States, or their
respective designees;
(B) mayors of appropriate municipalities along the proposed
corridor, or their respective designees;
(C) a representative from each freight railroad carrier
using the relevant corridor, if applicable;
(D) a representative from each transit authority using the
relevant corridor, if applicable;
(E) representatives of nonprofit employee labor
organizations representing affected railroad employees; and
(D) the President of Amtrak or his or her designee.
(2) Appointment and selection.--The Secretary shall appoint
the members under paragraph (1). In selecting each
commission's members to fulfill the requirements under
paragraph (1)(B) and (E), the Secretary shall consult with
the Chairmen and Ranking Members of the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and
Infrastructure.
(3) Chairperson and vice-chairperson selection.--The
Chairperson and Vice-Chairperson shall be elected from among
members of each commission.
(4) Quorum and vacancy.--
(A) Quorum.--A majority of the members of each commission
shall constitute a quorum.
(B) Vacancy.--Any vacancy in each commission shall not
affect its powers and shall be filled in the same manner in
which the original appointment was made.
(5) Application of law.--Except where otherwise provided by
this section, the Federal Advisory Committee Act (P.L. 92-
463) shall apply to each commission created under this
section.
(d) Commission Consideration.--
(1) In general.--Each commission established under
subsection (b)(2) shall be responsible for reviewing the
proposal or proposals forwarded to it under that subsection
and not later than 90 days after the establishment of the
commission, shall transmit to the Secretary a report which
includes--
(A) a summary of each proposal received;
(B) services to be provided under each proposal, including
projected ridership, revenues, and costs;
(C) proposed public and private contributions for each
proposal;
(D) the advantages offered by the proposal over existing
intercity passenger rail services;
(E) public operating subsidies or assets needed for the
proposed project;
(F) possible risks to the public associated with the
proposal, including risks associated with project financing,
implementation, completion, safety, and security;
(G) a ranked list of the proposals recommended for further
consideration under subsection (e) in accordance with each
proposal's projected positive impact on the Nation's
transportation system;
(H) an identification of any proposed Federal legislation
that would facilitate implementation of the projects and
Federal legislation that would be required to implement the
projects; and
(I) any other recommendations by the commission concerning
the proposed projects.
(2) Verbal presentation.--Proposers shall be given an
opportunity to make a verbal presentation to the commission
to explain their proposals.
(3) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary for the use of each
commission established under subsection (b)(2) such sums as
are necessary to carry out this section.
(e) Selection by Secretary.--
(1) Not later than 60 days after receiving the recommended
proposals of the commissions established under subsection
(b)(2), the Secretary shall--
(A) review such proposals and select any proposal which
provides substantial benefits to the public and the national
transportation system, is cost-effective, offers significant
advantages over existing services, and meets other relevant
factors determined appropriate by the Secretary; and
(B) issue a report to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate containing any proposal with respect to subsection
(a)(1)(A) that is selected by the Secretary under
subparagraph (A) of this paragraph, all the information
regarding the proposal provided to the Secretary under
subsection (d), and any other relevant information deemed
appropriate.
(2) Following the submission of the report under paragraph
(1)(B), the Secretary shall transmit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report containing any proposal
with respect to subparagraphs (B) through (K) of subsection
(a)(1) that are selected by the Secretary under paragraph (1)
of this subsection, all the information regarding the
proposal provided to the Secretary under subsection (d), and
any other relevant information deemed appropriate.
(3) The report required under paragraph (2) shall not be
submitted by the Secretary until the report submitted under
paragraph (1) has been considered through a hearing by the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate on the report submitted
under paragraph (1)(B).
(f) Preliminary Engineering.--For planning and preliminary
engineering activities that meet the criteria of section
26101 of title 49, United States Code, (other than
subsections (a) and (b)(2)) that are undertaken after the
Secretary submits reports to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate as required under subsection (e), not to exceed
$5,000,000 is authorized to be appropriated from funds made
available under section 26104(a) of such title. Only 1
proposal for each corridor under subsection (a) shall be
eligible for such funds.
(g) No Actions Without Additional Authority.--No Federal
agency may take any action to implement, establish,
facilitate, or otherwise act upon any proposal submitted
under this section, other than those actions specifically
authorized by this section, without explicit statutory
authority enacted after the date of enactment of this Act.
(h) Definitions.--In this section, the following
definitions apply:
(1) Intercity passenger rail.--The term ``intercity
passenger rail'' means intercity rail passenger
transportation as defined in section 24102 of title 49,
United States Code.
(2) State.--The term ``State'' means any of the 50 States
or the District of Columbia.
(3) Northeast corridor.--The term ``Northeast Corridor''
has the meaning given under section 24102 of title 49, United
States Code.
(4) High-speed rail corridor.--The terms ``high-speed rail
corridor'' and ``corridor'' mean a corridor designated by the
Secretary pursuant to section 104(d)(2) of title 23, United
States Code, and the Northeast Corridor.
TITLE VI--CAPITAL AND PREVENTIVE MAINTENANCE PROJECTS FOR WASHINGTON
METROPOLITAN AREA TRANSIT AUTHORITY
SEC. 601. AUTHORIZATION FOR CAPITAL AND PREVENTIVE
MAINTENANCE PROJECTS FOR WASHINGTON
METROPOLITAN AREA TRANSIT AUTHORITY.
(a) Authorization.--
(1) In general.--Subject to the succeeding provisions of
this section, the Secretary of Transportation is authorized
to make grants to the Transit Authority, in addition to the
contributions authorized under sections 3, 14, and 17 of the
National Capital Transportation Act of 1969 (sec. 9-1101.01
et seq., D.C. Official Code), for the purpose of financing in
part the capital and preventive maintenance projects included
in the Capital Improvement Program approved by the Board of
Directors of the Transit Authority.
(2) Definitions.--In this section--
(A) the term ``Transit Authority'' means the Washington
Metropolitan Area Transit Authority established under Article
III of the Compact; and
(B) the term ``Compact'' means the Washington Metropolitan
Area Transit Authority Compact (80 Stat. 1324; Public Law 89-
774).
(b) Use of Funds.--The Federal grants made pursuant to the
authorization under this section shall be subject to the
following limitations and conditions:
(1) The work for which such Federal grants are authorized
shall be subject to the provisions of the Compact (consistent
with the amendments to the Compact described in subsection
(d)).
(2) Each such Federal grant shall be for 50 percent of the
net project cost of the project involved, and shall be
provided in cash from sources other than Federal funds or
revenues from the operation of public mass transportation
systems. Consistent with the terms of the amendment to the
Compact described in subsection (d)(1), any funds so provided
shall be solely from undistributed cash surpluses,
replacement or depreciation funds or reserves available in
cash, or new capital.
(3) Such Federal grants may be used only for the
maintenance and upkeep of the systems of the Transit
Authority as of the date of the enactment of this Act and may
not be used to increase the mileage of the rail system.
(c) Applicability of Requirements For Mass Transportation
Capital Projects Receiving Funds Under Federal Transportation
Law.--Except as specifically provided in this section, the
use of any amounts appropriated pursuant to the authorization
under this section shall be subject to the requirements
applicable to capital projects for which funds are provided
under chapter 53 of title 49, United States Code, except to
the extent that the Secretary of Transportation determines
that the requirements are inconsistent with the purposes of
this section.
(d) Amendments to Compact.--No amounts may be provided to
the Transit Authority pursuant to the authorization under
this section until the Transit Authority notifies the
[[Page 21090]]
Secretary of Transportation that each of the following
amendments to the Compact (and any further amendments which
may be required to implement such amendments) have taken
effect:
(1)(A) An amendment requiring that all payments by the
local signatory governments for the Transit Authority for the
purpose of matching any Federal funds appropriated in any
given year authorized under subsection (a) for the cost of
operating and maintaining the adopted regional system are
made from amounts derived from dedicated funding sources.
(B) For purposes of this paragraph, the term ``dedicated
funding source'' means any source of funding which is
earmarked or required under State or local law to be used to
match Federal appropriations authorized under this division
for payments to the Transit Authority.
(2) An amendment establishing an Office of the Inspector
General of the Transit Authority.
(3) An amendment expanding the Board of Directors of the
Transit Authority to include 4 additional Directors appointed
by the Administrator of General Services, of whom 2 shall be
nonvoting and 2 shall be voting, and requiring one of the
voting members so appointed to be a regular passenger and
customer of the bus or rail service of the Transit Authority.
(e) Access to Wireless Service in Metrorail System.--
(1) Requiring transit authority to provide access to
service.--No amounts may be provided to the Transit Authority
pursuant to the authorization under this section unless the
Transit Authority ensures that customers of the rail service
of the Transit Authority have access within the rail system
to services provided by any licensed wireless provider that
notifies the Transit Authority (in accordance with such
procedures as the Transit Authority may adopt) of its intent
to offer service to the public, in accordance with the
following timetable:
(A) Not later than 1 year after the date of the enactment
of this Act, in the 20 underground rail station platforms
with the highest volume of passenger traffic.
(B) Not later than 4 years after such date, throughout the
rail system.
(2) Access of wireless providers to system for upgrades and
maintenance.--No amounts may be provided to the Transit
Authority pursuant to the authorization under this section
unless the Transit Authority ensures that each licensed
wireless provider who provides service to the public within
the rail system pursuant to paragraph (1) has access to the
system on an ongoing basis (subject to such restrictions as
the Transit Authority may impose to ensure that such access
will not unduly impact rail operations or threaten the safety
of customers or employees of the rail system) to carry out
emergency repairs, routine maintenance, and upgrades to the
service.
(3) Permitting reasonable and customary charges.--Nothing
in this subsection may be construed to prohibit the Transit
Authority from requiring a licensed wireless provider to pay
reasonable and customary charges for access granted under
this subsection.
(4) Reports.--Not later than 1 year after the date of the
enactment of this Act, and each of the 3 years thereafter,
the Transit Authority shall submit to the Committee on
Oversight and Government Reform of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report on the
implementation of this subsection.
(5) Definition.--In this subsection, the term ``licensed
wireless provider'' means any provider of wireless services
who is operating pursuant to a Federal license to offer such
services to the public for profit.
(f) Amount.--There are authorized to be appropriated to the
Secretary of Transportation for grants under this section an
aggregate amount not to exceed $1,500,000,000 to be available
in increments over 10 fiscal years beginning in fiscal year
2009, or until expended.
(g) Availability.--Amounts appropriated pursuant to the
authorization under this section shall remain available until
expended.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Minnesota (Mr. Oberstar) and the gentleman from Florida (Mr. Mica) each
will control 20 minutes.
The Chair recognizes the gentleman from Minnesota.
General Leave
Mr. OBERSTAR. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
on House Resolution 1492.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Minnesota?
There was no objection.
Mr. OBERSTAR. Madam Speaker, I yield myself such time as I may
consume.
We are at a transformational moment in the history of surface
transportation in America today with this bill which has two parts, the
extension of authority and renewal of authority for Amtrak, to move
Amtrak into a totally new era of high-speed rail in the Northeast
Corridor and eventually getting to high-speed intercity passenger rail
in the rest of the country; and the second portion of this legislation,
a bill the House previously passed last year, the Rail Safety Act, the
first substantive, significant changes in railroad safety law in 100
years.
These are extraordinary moments. And to reach this moment took a
great deal of initiative, innovative thinking, cooperation and
concession on both sides of the aisle by our side and particularly by
the gentleman from Florida (Mr. Mica), the ranking member of the
committee, who has offered innovative approaches to the future
management of Amtrak, who has championed that cause for many years, and
who said to me earlier in this Congress that this is an issue we should
address, that we can address and that we can reach agreement on, and we
have done; and Ms. Brown, the Chair of the Rail Subcommittee, ``Ms.
Amtrak,'' who, in previous years, when the administration in other
years proposed a bankruptcy budget for Amtrak, took to the rails Harry
Truman-style and traveled around the country advocating for increased
funding for Amtrak, to restore Amtrak. She is a real champion. And for
Mr. Cummings, who served in a capacity in the previous Congress on a
task force to evaluate proposals dealing with Amtrak and who submitted
a report that validated the need to continue service of Amtrak.
With gas prices soaring, crippling the Nation and crippling the
economy, we have seen our fellow citizens increasingly turn to
intercity passenger rail. In fact, in the New York-Washington corridor,
Amtrak has 56 percent of the air and rail passenger market. That is an
extraordinary statement in and of itself.
At a time when flights are delayed, air delays, ground delays as many
as 3 hours, people have seen the importance of Amtrak. In the aftermath
of September 11, which we solemnly observed just recently in this body,
it was Amtrak that carried people all throughout this country from
Canada into the United States.
We have to invest in transportation solutions that are affordable,
accessible and, most importantly, workable. This legislation provides a
total of $13 billion over the next 5 years to help bring the Northeast
Corridor to a state of good repair and to encourage development of new
and improved intercity passenger rail service through a Federal-State
matching grant program elsewhere throughout the country. The bill
includes $1.5 billion in funding for the planning and development of
high-speed rail corridors and $325 million in congestion grants to
Amtrak in the States that are high-priority rail corridors.
It includes reforms in the governance and operation of Amtrak by
restructuring the Amtrak board, requiring Amtrak to develop a new
financial accounting system and a get-well plan for the worst-
performing long-distance routes, and to open a public bidding process
where nongovernment interests, private sector interests, can submit
bids on management of the 11 corridors referenced in this legislation,
and Amtrak will be able to bid, too. This is a concept that was very
new, very much resisted, but after Mr. Mica and Ms. Brown and Mr.
Shuster on the Republican side and I discussed this repeatedly over
many weeks, we came to a common ground. What occurred to me is a
statement in President John F. Kennedy's inaugural address: ``We should
never fear to negotiate, but we should never negotiate out of fear.''
We should never fear to open the process of operating Amtrak to a
public-private sector bidding process, and that is what we do. That is
the important transformational step we take in this legislation--open
the process up.
We are going to find new energy, new ideas and new initiatives in the
process of inviting, evaluating, and acting upon these bids. We will
have a far better idea of what can be done for the future of Amtrak
when we go through this process. It will be good for Amtrak. It will be
good for the country. It
[[Page 21091]]
will be good for the traveling public. Again, I say this is a
transformational moment in the history of rail passenger service in
America.
With that, I thank Ms. Brown. I especially thank Mr. Mica for
patience, the discussions and the cooperation that we have achieved and
the frankness of our discussions over this past year and a half.
I reserve the balance of my time.
Mr. MICA. Madam Speaker, I yield myself as much time as I may
consume.
Madam Speaker and my colleagues, first I have to say, again, as Mr.
Oberstar said, this is a very historic moment for passenger rail
service in the United States. I have to first preface any comments I
would make by expressing my sincere thanks to Mr. Oberstar, my partner
on the Transportation Committee and our Chair; Ms. Brown, who chairs
the Rail Subcommittee, my colleague from Florida; and also Mr. Shuster,
the gentleman from Pennsylvania, who is the ranking Republican member
on the Rail Subcommittee. I would be remiss if I did not also thank
staff on both sides of the aisle for their tireless effort to bring us
to this point today.
Mr. Oberstar and I sat down when we assumed responsibility for the
Transportation and Infrastructure Committee and we set out some goals
that we hoped to achieve. This is one of the final goals that we felt
was important. And it's not a Republican issue, it's not a Democrat
issue, it's not a liberal, it's not a conservative. It's an issue that
affects the transportation system as we know as a Nation and it
hopefully, with the action today, will take us into the 21st century.
This is one of the most historic occasions because the Congress has
not been able to pass an Amtrak reauthorization for some 11 years,
since 1997. I think I voted against every bill that came out. I
probably ordered more studies and reviews of Amtrak, not that I was
opposed to passenger rail service or high-speed rail service, but what
I wanted was the most efficient operation for the taxpayer and also for
the traveling public.
We made a commitment almost 18 months ago, Mr. Oberstar and I, and
we've worked together and staff have worked together. What we've come
up with tonight is a combination not only of Amtrak reauthorization but
also rail safety. And we worked together on that issue to try to make
passenger rail service across the Nation safer for our passengers.
So, the two bills now I might mention, for folks who may be listening
and coming to vote on this, Madam Speaker, is we passed by 311 votes
the Amtrak, again a historic vote, and nearly 400 votes, the rail
safety measure.
{time} 1800
So tonight we will vote on a combination of those two measures in a
bipartisan agreement.
This couldn't be a better time to pass something, first because we
need an economic infusion in this country. This country has become a
third world nation when it comes to passenger rail service, and in
particular high-speed rail.
We have no high-speed rail service in this country. Acela moves
rather slow up the Northeast corridor. This is a proposal that will
bring the potential of bringing high-speed rail not only to that
corridor, but to all of the corridors across the country that have been
designated by Congress.
It has a well-thought-out progression and plan for the first time for
the private sector to become engaged in high-speed rail service in this
country. It opens the door to competition for the development, for the
financing, for the construction, and also for the operation of high-
speed rail systems. Those proposals go first to a stakeholder
commission, those involved in communities around the country that want
and desire service, then to the Secretary of Transportation, and then
finally to the Congress for approval, a good progression and a logical
order. So this is dramatic for a change the way in which we approach
high-speed rail service.
This also has reforms in the bill for Amtrak that we all feel are
long overdue. It also opens up some of the money-losing routes that
Amtrak has to private competition. I have to give Mr. Shuster from
Pennsylvania credit for negotiating that particular provision.
One of the interesting things too as we talk about finances, and I
didn't know this, without reauthorization legislation we have had to
pay a premium for the indebtedness that Amtrak has and for all of our
projects. With reauthorization, we actually will save the taxpayer
money, move projects forward in a cost-effective manner and also have
the ability to finance them, particularly when we have some shaky
markets out here. But these projects are based on cooperative efforts.
We also dramatically expand the opportunity for intercity rail
service so we can get some cars off the roads and so we can move people
in the most cost-effective, energy efficient manner in the history of
our Nation. So all that is rolled into this legislation.
Finally, we have the provision for safety. We enhance again rail
passenger safety. We saw the horrible crash we had a few weeks ago in
California, so we couldn't pass rail safety provisions at a more
appropriate time really to help prevent an accident like we saw and the
tragedy many families had to experience in California. So this is the
combination.
Again, I hope that we can get the administration to join us in making
certain that our country moves forward with a transportation
alternative that is cost-effective, energy efficient and protects the
environment. I am hoping the other body will act soon.
With that, I reserve the balance of my time.
Mr. OBERSTAR. Madam Speaker, I yield 6 minutes to the gentlewoman
from Florida, Chair of our Rail Subcommittee, Ms. Brown.
Ms. CORRINE BROWN of Florida. Madam Speaker and Members of the House,
first of all I want to thank Chairman Oberstar for his leadership on
this issue of transportation. He is truly the guru of transportation,
and the country appreciates his leadership. And thanks to Ranking
Members Mica and Shuster. I guess the pledge of serving in Congress is
serving on transportation, because transportation is truly bipartisan.
This is truly a monumental day for America, and I am so pleased to be
a part of it. If you are worrying about energy prices and the economy,
this bill is a one-two punch. Passenger and freight rail are energy
efficient, providing good jobs that can't be shipped overseas and
transporting thousands of people and tons of cargo each day in a safe
and efficient manner, and all of this without drilling off the coast.
Let me repeat. If you are worried about $4 and $5 gas prices,
passenger and freight rail are energy efficient, provide good jobs that
can't be shipped overseas and transport thousands of people and tons of
cargo each day in a safe and efficient manner.
Rising gas prices alone, with increased highway and airport
congestion, have made intercity passenger rail more popular and
necessary than ever. In fiscal year 2007, Amtrak carried more than 25.8
million passengers, the fifth straight fiscal year of record ridership.
Like its ridership gains, Amtrak's fiscal performance has improved as
well, posting approximately $1.5 billion in ticket sales.
More than just a convenient way to travel, Amtrak is a greener mode
of transportation. One full passenger train can take between 250 to 350
cars off the road. Rail travel is more energy efficient and uses less
fuel than cars or airplanes. According to the U.S. Department of Energy
data, Amtrak is 17 percent more efficient than domestic air travel and
21 percent more efficient than auto travel.
Unfortunately, for many years Amtrak has been given just enough money
each year to limp along, never getting the necessary funds to make
serious improvements in the system. The high voltage electric system is
over 70 years old, 65 percent of the bridges were built in the 1920s,
and several tunnels that the trains go through every year were built in
the 1800s.
[[Page 21092]]
In 2005, Amtrak conducted a comprehensive review of its capital
needs. The review determined that Amtrak should invest $4.2 billion to
bring their infrastructure to a state of good repair. Today, with the
backlog of major bridges and tunnel work, the necessary investment
capital has approached an estimated $6 billion.
As other countries continue to invest tens of billions of dollars
each year in improving their passenger rail systems, we are falling
further and further behind by deferring these much-needed improvements
to our system. We must find a way to speed up Amtrak's backlog of
repair work and bring its assets to a state of good repair. Then Amtrak
can concentrate on increasing capacity, increasing speed, developing
new facilities and planning for the future. These major infrastructure
improvements are also necessary to improve the safety and security of
the system and its passengers and workers.
Amtrak has and will continue to play a critical role in evacuating
and transporting citizens during national emergencies. Amtrak was the
only mode of transportation out of New York following 9/11, and
transported citizens and delivered vital supplies following Hurricane
Katrina. Unfortunately, it is also a prime target for those who wish to
harm us, and we must provide resources to make the system less
vulnerable.
This legislation also includes vital railroad safety legislation that
will improve the effectiveness of freight rail systems, and, most
important, will help save the lives of rail employees and the people
living in the communities they serve.
Freight railroads are also energy efficient and have made major gains
in fuel efficiency through training and improved locomotive technology.
A single intermodal train can take up to 280 trucks off of our
highways. Today, one gallon of diesel fuel can move a ton of freight an
average of 414 miles, a 76 percent improvement since 1980.
Since the beginning of the 110th Congress, the Railroad Subcommittee
has held five hearings on rail safety, examined fatigue, human factors
and rail accidents, and current Federal safety programs. In addition to
the subcommittee's hearing, we met with all of our stakeholders,
including labor, the railroads, government agencies and other
interested parties to craft this legislation.
The bill seeks to help prevent accidents caused by human factors,
which account for 40 percent of all rail accidents, by strengthening
the hours-of-service laws, decreasing limbo time, increasing worker
training and qualifications, and implementing advanced safety
technology.
It requires the Secretary of Transportation to develop a long-term
strategy for improving railroad safety at railroad crossings by
improving visibility and making it easier to report problems.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. OBERSTAR. I yield the gentlewoman 1 additional minute.
Ms. CORRINE BROWN of Florida. I encourage all of my colleagues to
support this important legislation. You don't want to go back to your
district and tell your constituents that you voted against energy
efficient transportation and valid railroad safety.
Vote ``yes,'' and we will move our Nation's rail system into the 21st
century.
Mr. MICA. Madam Speaker, I am pleased to yield 2 minutes to the
gentleman from Virginia (Mr. Davis).
Mr. DAVIS of Virginia. Madam Speaker, I am very pleased to support
this important legislation. This bill includes vital language that will
bring dedicated funding to Washington's Metro transit system. I
particularly want to thank Chairman Oberstar and Chairman Brown and Mr.
Shuster and Mr. Mica.
This bill includes my amendment, which passed the House earlier this
year by an overwhelming margin, and encapsulates the National Capital
Transportation Amendments Act. The cornerstone of this legislation is
the authorization of $1.5 billion over 10 years to provide desperately-
needed funding and capital improvements to the original 103-mile Metro
system. The legislation also shores up management of the system by
requiring an Inspector General position and adding four Federal
representatives to the WMATA board.
Perhaps most significantly, the legislation requires that Virginia,
Maryland and the District of Columbia formally dedicate funding to the
system before receiving the newly-authorized Federal funds. Metro is
the only major transit system in the Nation without dedicated funding.
That will change.
Just this week, Metro reiterated its urgent need for billions in
systems improvements. Their list of needs is anything but frivolous.
Cars are being pushed beyond their life expectancy, buses are breaking
down, platforms are crumbling.
Metro is unique because it is truly a creature of the Federal
Government. The Federal Government depends on Metro to move its
workers. Tourists depend on it to visit their Nation's Capital.
Commuters depend on it as the best way to avoid our second-worst-in-
the-Nation traffic woes.
The time to address these needs is now, and I applaud the House for
stepping up to meet these critical needs. Again, I am most grateful to
Representative Hoyer, Representative Oberstar, Representative Mica,
Chairman Brown and Representative Shuster for their foresight, and also
Senator Cardin and Senator Warner on the Senate side for their
foresight and leadership on this critical issue for the Nation's
capital and Federal workforce.
I urge support of the bill.
Mr. OBERSTAR. Madam Speaker, I yield 2 minutes to the distinguished
gentleman from Massachusetts, the Chair of the Transportation
Appropriations Subcommittee, Mr. Olver.
Mr. OLVER. Madam Speaker, I rise in strong support of this
legislation to reauthorize Amtrak and rail safety programs. I want to
commend and congratulate the gentleman from Minnesota, the chairman,
Mr. Oberstar, and the gentleman from Florida, Mr. Mica, for their
tremendous efforts and fine work on this important piece of
legislation. I also congratulate Subcommittee Chairwoman Brown and her
ranking member, Mr. Shuster, for their tireless efforts on the bill.
At a time of record fuel prices, Americans are finding travel by air
more expensive and increasingly difficult. It is no secret that those
record fuel prices, along with congestion on our Nation's highways,
make travel by car less attractive and less affordable.
Investments in intercity passenger rail and high-speed rail must
become more integrated into our Nation's transportation policy, and
this legislation will help accomplish that goal. Intercity passenger
rail is already experiencing its own renaissance. Amtrak has enjoyed 5
straight years of record level ridership, reaching almost 26 million
passengers in 2007, and 2008 will be another record year.
This bill will help Amtrak reduce its capital backlog, increase
safety and improve service. This bill opens the door to true high-speed
rail service in the Northeast corridor and will help many more
Americans enjoy the benefits of intercity passenger rail.
{time} 1815
Again, I would like to commend the authors of this bill, and I urge
Members to support it.
Mr. MICA. Madam Speaker, I am pleased to yield 4 minutes to the
distinguished ranking Republican member of the Rail Subcommittee, the
gentleman from Pennsylvania (Mr. Shuster).
Mr. SHUSTER. I thank the gentleman from Florida for yielding.
Madam Speaker, today is an important day for our Nation's railroad
industry. We are authorizing, as everybody has been talking about,
Amtrak, which has not been done in 10 years. We are also considering a
comprehensive rail safety legislation which will make our Nation's
railways safer for both passengers and freight trains. I'm heartened
that we are considering this bill now, and I hope it's offering some
small degree of comfort to the families who are suffering after the
recent Metrolink disaster in California.
[[Page 21093]]
America's railroads are becoming an increasingly important part of
our transportation backbone. The gridlock on our highways and in the
air and the need to conserve energy makes the case for passenger rail
even more compelling. I believe that expanded passenger rail service
can do a great deal to ease the congestion and, as I said, to conserve
the energy that we so desperately need to conserve.
But it's important that the private sector be given a chance to
participate. I believe this bill is an important step towards this goal
because it allows the private sector to bid on lines where Amtrak
currently operates, and I believe the private sector, if given an
opportunity, can greatly improve the efficiencies in our passenger rail
system.
I would encourage and would ask those on my side of the aisle who for
years have wanted to eliminate, to break up and to kill Amtrak to
consider this bill.
We have important private-sector initiatives in this bill. Instead of
talking about theory, we can see it go in motion, and then we'll have
the evidence that I believe will come about by having the private
sector's being involved. As I said, we will prove beyond a shadow of a
doubt that the private sector can operate, once again, a passenger rail
service in this country in an effective and efficient manner.
I also support this bill because it has given an important
opportunity to the private sector to submit proposals for the
construction of high-speed rail lines, starting with the heavily
traveled Northeast Corridor, followed by other corridors designated for
high-speed rail service.
High-speed rail has been in long use overseas--in Japan with the
Bullet train for over 40 years and with the French with their TGV
trains that have been in revenue service. I'm excited about the
possibility of bringing this technology or similar technology to the
United States so that we can open up the Northeast Corridor and can get
some cars off the highways and can get people off of planes and into
rail service.
I just have to look to Pennsylvania, to the Keystone Corridor from
Harrisburg to Philadelphia, which has been a partnership between Amtrak
and the States. They have upgraded the lines. They now have service
that runs 110 miles an hour between Harrisburg and Philadelphia. In its
first year of service, it's up almost 20 percent in ridership. I think
that's proof that high-speed rail or that higher speed rail with
dependable service is something that Americans will use in significant
numbers.
The rail safety component of this bill is equally important, and it
will result in a number of things: one being the installation of
Positive Train Control by the end of 2015 on all routes that carry
passengers and on all mainline routes that carry toxic materials like
chlorine. PTC will use state-of-the-art technology to prevent trains
from colliding into each other. What happened with the Metrolink
disaster possibly could have been avoided or probably would have been
avoided if we had had PTC. We are also providing grants to help defray
some of these costs because we are mandating it. I think it's the
appropriate thing, when we mandate something, to contribute to that
cost.
So, as I said, I urge my colleagues to pass this bill. Those who have
come to the floor and who have argued in the past against Amtrak,
please consider this. As I said, with the private-sector initiatives
that are in this bill, it gives us a chance to put those theories
forward for practical purposes. So I do urge the passage of this.
The SPEAKER pro tempore. The time of the gentleman from Pennsylvania
has expired.
Mr. MICA. I yield the gentleman an additional 30 seconds.
Mr. SHUSTER. Finally, I do want to say thank you to my colleagues: to
Chairman Oberstar for his leadership and hard work, to Chairwoman Brown
for her hard work and cooperation and for allowing us to participate in
a significant manner in the writing of this bill and for putting in
some important provisions that we needed to have in here to be able to
support this bill, and also to the leader on the Republican side, Mr.
Mica, for his leadership and hard work. I thank him for giving me the
opportunity to be the ranking member on this subcommittee. Thank you.
Again, I urge passage.
Mr. OBERSTAR. May I inquire how much time remains on both sides.
The SPEAKER pro tempore. The gentleman from Minnesota has 5 minutes
remaining, and the gentleman from Florida has 7 minutes remaining.
Mr. OBERSTAR. I yield 3 minutes to the distinguished Chair of our
Coast Guard Subcommittee, Mr. Cummings.
Mr. CUMMINGS. I thank the gentleman for yielding.
Madam Speaker, today, as we in Congress consider spending on the
order of $700 billion to bail out the Nation's financial system--and
that figure could go up to $1.3 trillion--we have the opportunity to
make what, by comparison, are very modest investments in the
transportation and infrastructure that keep our economy moving. This is
by supporting Amtrak and by implementing long overdue safety reforms
throughout our rail system. These changes and the money will be spent
effectively and efficiently.
I applaud Chairman Oberstar, Chairwoman Brown, Ranking Member Mica,
Ranking Member Shuster, and all of our colleagues in the Senate for
their determined efforts to finalize this legislation. I also thank
them for working with me to address several specific safety concerns in
this legislation.
Section 304 of division B of the bill supports the redevelopment of
tunnel infrastructure around Baltimore, in my district, which is a
linchpin on the Northeast Corridor and which is more than 130 years old
in some instances. It has antiquated designs, and it lacks modern fire
and life-saving systems. The replacement of it is critical to improving
both the quality and the safety of Amtrak service.
The legislation also responds directly to concerns raised by the
National Transportation Safety Board in its investigation into the
Howard Street tunnel fire in my district in Baltimore in 2001 by
ensuring that first responders called to incidents in rail tunnels have
all of the information they need to provide an effective response to
emergency situations.
Again, I deeply thank Chairman Oberstar and Chairwoman Brown for
working with me to address these critical issues involving rail
tunnels, and I urge my colleagues to support this legislation.
Might I finally say that I agree with Mr. Shuster, Ms. Brown and with
our chairman. This is a bipartisan committee, and I think this product
that we have produced today shows what bipartisanship can do and what
it can achieve. So, again, I urge my colleagues to support this very,
very important legislation.
Mr. MICA. I reserve the balance of my time.
Mr. OBERSTAR. Does the gentleman from Florida have any further
speakers?
Mr. MICA. At this time, I do not. I would like to close on my side,
but I know that you get to close.
Mr. OBERSTAR. We have no further speakers. I will close on our side.
The SPEAKER pro tempore. The Chair recognizes the gentleman from
Florida to close.
Mr. MICA. Thank you, Madam Speaker.
I'm just sitting here, thinking that sometimes you have ideas, you
know, that you come up with, that you think about and that you dream
about that have an opportunity to become reality. I've got one in this
bill. Will it work? Honestly, I don't know. I've given it my best try,
but my intent has been to try to take the things I've seen around the
world, the best from them, and adapt them to the United States of
America, this great country where, I don't think, anything is
impossible.
When I see other countries that have high-speed rail systems which
take people from one end of their land to the other, I think about our
country and think: Why not? Why can't we?
We wouldn't be here today if it weren't, again, for the cooperative
effort of my counterpart, Mr. Oberstar--our Chair of the T&I
Committee--and for the two of us and others--Mr. Shuster and Ms.
Brown--all
[[Page 21094]]
working together. In closing, I do want to just thank a couple of other
people.
I didn't know Mayor Bloomberg very well when I took this idea to him
in New York City. New York, of course, is at the center of the east
coast, at the center of the Northeast Corridor. I explained the
proposal to him. I said that we'd like to see high-speed rail. Right
now, from Washington to New York, on average, Acela runs at 83 miles an
hour. On average from New York to Boston, it runs at 66 miles an hour.
I said, ``Mayor, what if we could go from Washington, D.C. to Center
City New York in less than 2 hours? What would that do?'' Of course,
his eyes lit up, and he endorsed the proposal. It would make a dramatic
change in the Northeast Corridor.
I chaired Aviation for 6 years. I remember the congestion we had in
2001. The congestion is back today. Seventy percent of all of the air
traffic control delays in the country emanate from New York City. So,
if we could, let's put in place high-speed rail in this corridor. I
don't know any other transportation solution that's more cost effective
and environmentally sound than what we're proposing here tonight.
Again, here, the leader of our largest city endorsed the proposal.
Then I went to Mike Castle. Congressman Castle is the former Governor
of Delaware. He heads the Rail Caucus in the House. I explained it to
him, and he supported the proposal. Then I went to folks like Susan
Molinari, who was our Chair, who tried to reform Amtrak when she was
here, and she supported the proposal.
Now, as a Republican, I come to the floor also to thank America's
rail labor unions and their employees. When I had the opportunity to
sit down and say you've seen your employment dwindle from 28,000 to
19,000 on Amtrak and that you've seen proposals to zero out your
budgets, just saying ``no'' is not the answer both on your side and on
our side. We can do better and we must do better.
I want to thank America's rail unions for working together to make
this possible. In working together, we can expand employment, and we
can improve transportation. We can develop that corridor and can make
it a shining asset, something we can all be proud of in development
along the way. So we'll create jobs and opportunities both in their
industry and along that corridor.
So, in closing, I also want to thank some of the folks from the
Federal Railroad Administration, including Jo Strang, Grady Cothen,
Mark Yachmetz, and Mark Lindsay. They provided us valuable technical
assistance.
I want to also thank the committee staffers who worked in a
bipartisan way on the bill on the Democrats' side: David Heymsfeld,
Jennifer Esposito, John Drake, and Niels Knutson. On our Republican
side, I want to thank Jim Coon, our staff director for the committee;
Amy Steinmann, our policy director; Joyce Rose; Mike Meenan; and
Allison Cullin for all of their hard work.
You don't get here by one person's coming up with an idea or by one
person's trying to move a proposal or by one person's trying to
dominate the legislation. You come here through the concerted effort of
many people joining together.
So, in closing, again, I thank Mr. Oberstar and all of those.
I yield back the balance of my time.
Mr. OBERSTAR. Madam Speaker, I yield myself the balance of our time.
Again, I want to express the great appreciation for this long march
that we have engaged in with Mr. Mica, with Mr. Shuster, with the staff
on both sides, with Ms. Brown, and with the others who have spoken this
afternoon.
{time} 1830
When I graduated from college, I won a scholarship to study at the
College of Europe in Belgium on European economic integration. I
traveled by Greyhound bus from Chisholm to St. Paul; from St. Paul to
Chicago by train, the Milwaukee 400, 400 miles in 400 minutes. That is
7 hours. Then train to the east coast; the Queen Mary to Europe; and
from Paris to Brussels in 6 hours. That is the distance from New York
to Washington. Today that trip from Paris to Brussels is 80 minutes at
184 miles an hour on the TGV.
Within the context of this legislation, we can cut that 7-hour trip
from the Twin Cities to Chicago from 7 hours to 4 hours, if there is a
will to do it. If there is a will to explore, to use the authorities we
have provided under this legislation.
We can transform the travel time from New York to Washington to 2
hours or under, as has long been the goal of Mr. Mica and Ms. Brown and
Mr. Cummings and so many others. We can do these things. We can put our
best efforts forward.
Mr. Mica has already mentioned committee staff who have contributed
so many hours and efforts, and I just supplement that with additional
names that I will submit for the Record, but especially Jennifer
Esposito, who has given birth to three children: Lexi, Amtrak, and rail
safety.
I will not ask for a recorded vote on this bill because we already
have a vote of 311-104 on Amtrak and on rail safety 377-38.
Mr. BROWN of South Carolina. Madam Speaker, I rise in support of this
historic and forward looking legislation. Freight and passenger rail
play an incredibly important role in our Nation's transportation system
and our economy. The legislation before us will serve to strengthen
that important contribution, and I was proud to have worked on it with
Chairman Oberstar, Ranking Member Mica, Chairwoman Brown, Ranking
Member Shuster, and all the members of the Transportation Committee.
Today's legislation will foster introduction of new intelligent
transportation systems technologies at highway-rail grade crossings.
New technologies being researched now will one day provide the ability
to use an in-vehicle warning of danger at highway-rail crossings and,
perhaps, even provide the means to intervene before a collision occurs.
H.R. 2095 will speed up the development and deployment of these
technologies by allowing innovative partnerships between the private
sector, State DOTs and the Federal Government.
Even more important, this legislation contains a new commitment to
high-speed rail for our country. High-speed rail can play an important
role in reducing congestion in places like the Grand Strand, which sees
14 million tourists a year and Charleston, which is the most congested
small city in the country. By engaging the private sector along with
public partners, H.R. 2095 calls for more than just paper plans for
high-speed rail projects--it calls for action.
Our constituents are paying record high prices for gasoline and
spending $78 billion a year due to highway congestion. The time is now
to make progress on high speed rail for our country, and this bill will
do just that. H.R. 2095 sets the foundation for a privately-funded high
speed rail line along the eastern seaboard connecting the population
centers of the north to the tourism centers of the South, including
Charleston and Myrtle Beach in my district. This is not only a sound
business decision, it is a sound public policy decision that will
benefit our nation.
Madam Speaker, I will proudly be voting ``yes'' on H.R. 2095, and I
ask all my colleagues to join me in support of this legislation.
Mrs. NAPOLITANO. Madam Speaker, I rise in strong support of H.R.
2095, the Federal Railroad Safety Improvement Act and Amtrak
Reauthorization bill. I congratulate Chairman Oberstar, Chairwoman
Brown, Ranking Member Mica, and Ranking Member Shuster for their
bipartisan work on this bill.
H.R. 2095 is vital legislation for my district which has 160 trains
traveling through it every day, 90 on the Union Pacific line and 70 on
the Burlington Northern Santa Fe line. These trains carry approximately
14,000 containers every day, with many of them holding hazardous
materials. This train traffic is expected to triple by 2020, which will
mean a train every 10 minutes.
From October 2004 to May 2005, five derailments occurred in or near
my district. These derailments damaged homes and businesses, threatened
public safety and caused anxiety for those who lived and worked along
the railroad.
H.R. 2095 will take major steps to prevent derailments by improving
track safety and grade crossing safety, increasing whistleblower
protections, setting hours of service requirements, and strongly
enforcing rail safety violations.
The rail safety section of the bill includes 3 provisions that I
offered through amendments in Committee and on the House floor.
[[Page 21095]]
The first provision would create strict training standards for all
railroad employee inspectors. Railroad inspectors have expressed
frustration over their lack of training curriculum. They claim that
most training is on the job and from coworkers. This provision creates
strong training, testing, and skills evaluation measures to ensure that
inspectors are able to address critical safety defects that contribute
to derailments and accidents.
The second provision would fund Operation Lifesaver for $7 million
over the next 4 years. Operation Lifesaver is a rail safety awareness
program that provides public service announcements, school
presentations, brochures and materials, and support for public
awareness campaigns. The goal of this public education program is to
end collisions, deaths, and injuries at highway-rail grade crossings
and on railroad rights-of-way. The program is supported by a wide range
of partners including Federal, State and local government agencies,
highway safety organizations, law enforcement, and the Nation's
railroads. The provision will also create a pilot program for sustained
outreach in high risk areas, as defined by number of accidents and
population density near the tracks.
The third provision would prohibit the Federal Government from
allowing train safety inspections in Mexico from satisfying U.S. safety
requirements. Railroad companies have tried multiple times to receive
waivers from the Federal Government from having to perform safety
inspections of trains that cross the border. Safety inspections in
Mexico are much different than those performed on our side of the
border and we must make sure U.S. rail safety laws are being followed.
H.R. 2095 also includes a major provision regarding the
implementation of Positive Train Control (PTC) systems that is vital to
ensuring that accidents such as the recent Metrolink tragedy never
happen again. The bill requires all major railroads and passenger
railroads to implement PTC by December 31, 2015. PTC systems have the
ability to stop trains automatically before accidents occur by using
switch position indicators, track integrity technology, GPS systems,
and other technology. The bill also includes a grant program to assist
the railroads in deploying PTC systems.
I am concerned that an important provision regarding State regulation
was not included in this final bill. The State regulation provision
would have ensured the original intent of Congress to give States
regulatory authority to address local safety hazards.
The provision is necessary because Federal Appellate Courts have
preempted every attempt by the States to implement rail safety
provisions where the FRA has not acted. This was not the original
intent of Congress. The Federal Railroad Safety Act as passed in 1970
says, ``The States will retain the authority to regulate individual
local problems where necessary to eliminate or reduce essentially local
railroad safety hazards.''
States and local communities cannot rely on the limited FRA resources
to address their safety concerns. States must be allowed to regulate
the railroad in order to protect their property and their citizens. I
hope this important safety issue will be addressed in the next
Congress.
I also support the Amtrak and passenger rail section of H.R. 2095
which makes a dramatic investment in our passenger rail system that
will provide jobs, strengthen the economy, and improve the environment.
The bill creates a new State Grant Program that provides $380 million
per year for intercity passenger rail. This is desperately needed in
California as it has 3 of the top 5 busiest rail corridors in the U.S.
These corridors include Pacific Surfliner from San Diego through Los
Angeles to San Luis Obispo, the Capitol Corridor from San Francisco
through Sacramento to Auburn, and the San Joaquin Corridors from
Bakersfield to Oakland and Sacramento.
The bill will greatly assist the Sunset Limited, which travels
through my district, by alleviating ``choke points'' with congestion
grants and a new process for mediating disputes with freight railroads
at the Surface Transportation Board (STB). It also provides funding for
a High Speed Rail System which California has been working on.
The passenger rail section includes a provision I authored regarding
compliance with the Americans with Disabilities Act (ADA) and the
raising of station platforms. L.A. Metrolink and many other commuter
railroads have fully complied with ADA rules by putting ramps and lifts
in all of their stations so the disabled community can safely and
easily board the trains. DOT has proposed making a rule that would
require all railroad stations to fully raise their platforms to the
floor level of the trains entering the station. The problem is that
most passenger rail stations are serviced by multiple railroad
companies with different train sets. Raising the platform could create
major vertical and horizontal gaps between the trains and the platform.
This would make it harder for the disabled community to safely and
efficiently enter and exit trains. The provision I authored requires
Amtrak to study how raising station platforms will affect the safe and
efficient boarding of trains for all passengers.
Madam Speaker, I strongly support passage of H.R. 2095, this very
important railroad safety and passenger rail bill. I thank the Chairman
for shepherding this bill through the legislative process.
Mr. OBERSTAR. Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Minnesota (Mr. Oberstar) that the House suspend the
rules and agree to the resolution, H. Res. 1492.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the resolution was agreed to.
A motion to reconsider was laid on the table.
____________________
ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, proceedings
will resume on motions to suspend the rules previously postponed.
Votes will be taken in the following order:
H.R. 7005, by the yeas and nays;
H.R. 7006, by the yeas and nays;
S. 2606, by the yeas and nays.
The first electronic vote will be conducted as a 15-minute vote.
Remaining electronic votes will be conducted as 5-minute votes.
____________________
ALTERNATIVE MINIMUM TAX RELIEF ACT OF 2008
The SPEAKER pro tempore. The unfinished business is the vote on the
motion to suspend the rules and pass the bill, H.R. 7005, on which the
yeas and nays were ordered.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Massachusetts (Mr. Neal) that the House suspend the
rules and pass the bill, H.R. 7005.
The vote was taken by electronic device, and there were--yeas 393,
nays 30, not voting 10, as follows:
[Roll No. 634]
YEAS--393
Abercrombie
Ackerman
Aderholt
Akin
Alexander
Allen
Altmire
Andrews
Arcuri
Baca
Bachmann
Bachus
Baldwin
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Bean
Berkley
Berman
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Blackburn
Blumenauer
Blunt
Boehner
Bonner
Bono Mack
Boozman
Boren
Boswell
Boucher
Boustany
Brady (PA)
Brady (TX)
Braley (IA)
Broun (GA)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Butterfield
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Capps
Capuano
Carnahan
Carney
Carson
Carter
Castle
Castor
Cazayoux
Chabot
Childers
Clarke
Clay
Cleaver
Clyburn
Coble
Cohen
Cole (OK)
Conaway
Conyers
Courtney
Cramer
Crenshaw
Crowley
Culberson
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis, David
Davis, Tom
Deal (GA)
DeGette
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Donnelly
Doolittle
Doyle
Drake
Dreier
Duncan
Edwards (MD)
Edwards (TX)
Ehlers
Ellison
Ellsworth
Emanuel
Emerson
Engel
English (PA)
Eshoo
Etheridge
Everett
Fallin
Farr
Fattah
Feeney
Ferguson
Filner
Flake
Forbes
Fortenberry
Fossella
Foster
Foxx
Frank (MA)
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gilchrest
Gillibrand
Gingrey
Gohmert
Gonzalez
Goode
Goodlatte
Gordon
Granger
Graves
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hall (TX)
Hare
Hastings (FL)
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Higgins
Hinchey
Hinojosa
Hirono
Hobson
Hodes
Hoekstra
Holden
Holt
Honda
Hooley
Hulshof
Hunter
Inglis (SC)
Inslee
Israel
Issa
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Jordan
Kagen
[[Page 21096]]
Kanjorski
Kaptur
Keller
Kennedy
Kildee
Kilpatrick
Kind
King (IA)
King (NY)
Kingston
Kirk
Klein (FL)
Kline (MN)
Knollenberg
Kucinich
Kuhl (NY)
LaHood
Lamborn
Lampson
Langevin
Larsen (WA)
Latham
LaTourette
Latta
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lucas
Lungren, Daniel E.
Lynch
Mack
Mahoney (FL)
Maloney (NY)
Manzullo
Marchant
Markey
Marshall
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul (TX)
McCollum (MN)
McCotter
McCrery
McDermott
McGovern
McHenry
McHugh
McIntyre
McKeon
McMorris Rodgers
McNerney
McNulty
Meek (FL)
Meeks (NY)
Mica
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (KS)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
Musgrave
Myrick
Nadler
Napolitano
Neal (MA)
Neugebauer
Nunes
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Paul
Payne
Pearce
Pence
Perlmutter
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pomeroy
Porter
Price (GA)
Price (NC)
Putnam
Radanovich
Rahall
Ramstad
Rangel
Regula
Rehberg
Reichert
Reyes
Reynolds
Richardson
Rodriguez
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Roskam
Ross
Rothman
Roybal-Allard
Royce
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Sali
Sanchez, Linda T.
Sarbanes
Saxton
Scalise
Schakowsky
Schiff
Schmidt
Schwartz
Scott (GA)
Sensenbrenner
Serrano
Sessions
Sestak
Shadegg
Shays
Shea-Porter
Sherman
Shimkus
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Snyder
Solis
Souder
Space
Speier
Spratt
Stearns
Stupak
Sullivan
Sutton
Tauscher
Terry
Thompson (CA)
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Tierney
Towns
Tsongas
Turner
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Walberg
Walden (OR)
Walsh (NY)
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Weller
Westmoreland
Wexler
Whitfield (KY)
Wilson (NM)
Wilson (OH)
Wilson (SC)
Wittman (VA)
Wolf
Woolsey
Wu
Yarmuth
Young (AK)
Young (FL)
NAYS--30
Baird
Becerra
Berry
Boyd (FL)
Boyda (KS)
Cardoza
Chandler
Cooper
Costa
Costello
Cuellar
Davis, Lincoln
DeFazio
Doggett
Harman
Hill
Hoyer
Larson (CT)
Melancon
Michaud
Peterson (MN)
Salazar
Sanchez, Loretta
Scott (VA)
Smith (WA)
Stark
Tanner
Taylor
Walz (MN)
Welch (VT)
NOT VOTING--10
Bishop (UT)
Cubin
Delahunt
Herseth Sandlin
Moran (VA)
Pryce (OH)
Renzi
Shuler
Tancredo
Weldon (FL)
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). There are 2 minutes
remaining.
{time} 1857
Messrs. COSTA, BECERRA, WELCH of Vermont, LARSON of Connecticut,
SCOTT of Virginia, DOGGETT, SMITH of Washington and STARK changed their
vote from ``yea'' to ``nay.''
So (two-thirds being in the affirmative) the rules were suspended and
the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________
DISASTER TAX RELIEF ACT OF 2008
The SPEAKER pro tempore. The unfinished business is the vote on the
motion to suspend the rules and pass the bill, H.R. 7006, on which the
yeas and nays were ordered.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New York (Mr. Rangel) that the House suspend the rules
and pass the bill, H.R. 7006.
This will be a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 419,
nays 4, not voting 10, as follows:
[Roll No. 635]
YEAS--419
Abercrombie
Ackerman
Aderholt
Akin
Alexander
Allen
Altmire
Andrews
Arcuri
Baca
Bachmann
Bachus
Baird
Baldwin
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Bean
Becerra
Berkley
Berman
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Blackburn
Blumenauer
Blunt
Boehner
Bonner
Bono Mack
Boozman
Boren
Boswell
Boucher
Boustany
Boyda (KS)
Brady (PA)
Brady (TX)
Braley (IA)
Broun (GA)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson
Carter
Castle
Castor
Cazayoux
Chabot
Chandler
Childers
Clarke
Clay
Cleaver
Clyburn
Coble
Cohen
Cole (OK)
Conaway
Conyers
Costa
Costello
Courtney
Cramer
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis, David
Davis, Lincoln
Davis, Tom
Deal (GA)
DeFazio
DeGette
Delahunt
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Doggett
Donnelly
Doolittle
Doyle
Drake
Dreier
Duncan
Edwards (MD)
Edwards (TX)
Ehlers
Ellison
Ellsworth
Emanuel
Emerson
Engel
English (PA)
Eshoo
Etheridge
Everett
Fallin
Farr
Fattah
Feeney
Ferguson
Filner
Flake
Forbes
Fortenberry
Fossella
Foster
Foxx
Frank (MA)
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gilchrest
Gillibrand
Gingrey
Gohmert
Gonzalez
Goode
Goodlatte
Gordon
Granger
Graves
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hall (TX)
Hare
Harman
Hastings (FL)
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hobson
Hodes
Hoekstra
Holden
Holt
Honda
Hooley
Hoyer
Hulshof
Hunter
Inglis (SC)
Inslee
Israel
Issa
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Jordan
Kagen
Kanjorski
Kaptur
Keller
Kennedy
Kildee
Kilpatrick
Kind
King (IA)
King (NY)
Kingston
Kirk
Klein (FL)
Kline (MN)
Knollenberg
Kucinich
Kuhl (NY)
LaHood
Lamborn
Lampson
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Latta
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lucas
Lungren, Daniel E.
Lynch
Mack
Mahoney (FL)
Maloney (NY)
Manzullo
Marchant
Markey
Marshall
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul (TX)
McCollum (MN)
McCotter
McCrery
McDermott
McGovern
McHenry
McHugh
McIntyre
McKeon
McMorris Rodgers
McNerney
McNulty
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (KS)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
Musgrave
Myrick
Nadler
Napolitano
Neal (MA)
Neugebauer
Nunes
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Paul
Payne
Pearce
Pence
Perlmutter
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pomeroy
Porter
Price (GA)
Price (NC)
Putnam
Radanovich
Rahall
Ramstad
Rangel
Regula
Rehberg
Reichert
Reyes
Reynolds
Richardson
Rodriguez
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Roskam
Ross
Rothman
Roybal-Allard
Royce
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Salazar
Sali
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Saxton
Scalise
Schakowsky
Schiff
Schmidt
Schwartz
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Sestak
Shadegg
Shays
Shea-Porter
Sherman
Shimkus
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Snyder
Solis
Souder
Space
Speier
Spratt
Stark
Stearns
Stupak
Sullivan
Sutton
Tanner
Tauscher
Taylor
Terry
Thompson (CA)
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Tierney
Towns
Tsongas
Turner
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Walberg
Walden (OR)
Walsh (NY)
Walz (MN)
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Weller
Westmoreland
Wexler
Whitfield (KY)
Wilson (NM)
Wilson (OH)
Wilson (SC)
Wittman (VA)
Wolf
Woolsey
Wu
Yarmuth
Young (AK)
Young (FL)
[[Page 21097]]
NAYS--4
Berry
Boyd (FL)
Cooper
Smith (WA)
NOT VOTING--10
Bishop (UT)
Butterfield
Cubin
Dingell
Moran (VA)
Pryce (OH)
Renzi
Shuler
Tancredo
Weldon (FL)
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). There are 2 minutes
remaining.
{time} 1906
Mr. SMITH of Washington changed his vote from ``yea'' to ``nay.''
So (two-thirds being in the affirmative) the rules were suspended and
the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________
UNITED STATES FIRE ADMINISTRATION REAUTHORIZATION ACT OF 2008
The SPEAKER pro tempore. The unfinished business is the vote on the
motion to suspend the rules and pass the Senate bill, S. 2606, on which
the yeas and nays were ordered.
The Clerk read the title of the Senate bill.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Maryland (Ms. Edwards) that the House suspend the
rules and pass the Senate bill, S. 2606.
This will be a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 418,
nays 2, not voting 13, as follows:
[Roll No. 636]
YEAS--418
Abercrombie
Ackerman
Aderholt
Akin
Alexander
Allen
Altmire
Andrews
Arcuri
Baca
Bachmann
Bachus
Baird
Baldwin
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Blackburn
Blumenauer
Blunt
Boehner
Bonner
Bono Mack
Boozman
Boren
Boswell
Boucher
Boustany
Boyd (FL)
Boyda (KS)
Brady (PA)
Brady (TX)
Braley (IA)
Broun (GA)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Butterfield
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson
Carter
Castle
Castor
Cazayoux
Chabot
Chandler
Childers
Clarke
Clay
Cleaver
Clyburn
Coble
Cohen
Cole (OK)
Conaway
Conyers
Cooper
Costa
Costello
Courtney
Cramer
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis, David
Davis, Lincoln
Davis, Tom
Deal (GA)
DeGette
Delahunt
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Doggett
Donnelly
Doolittle
Doyle
Drake
Dreier
Duncan
Edwards (MD)
Edwards (TX)
Ehlers
Ellison
Ellsworth
Emanuel
Emerson
Engel
English (PA)
Eshoo
Etheridge
Everett
Fallin
Farr
Fattah
Feeney
Ferguson
Filner
Forbes
Fortenberry
Fossella
Foster
Foxx
Frank (MA)
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gilchrest
Gillibrand
Gingrey
Gohmert
Gonzalez
Goode
Goodlatte
Gordon
Granger
Graves
Green, Al
Green, Gene
Grijalva
Hall (NY)
Hall (TX)
Hare
Harman
Hastings (FL)
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hobson
Hodes
Hoekstra
Holden
Holt
Honda
Hooley
Hoyer
Hulshof
Hunter
Inglis (SC)
Inslee
Israel
Issa
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Jordan
Kagen
Kanjorski
Kaptur
Keller
Kennedy
Kildee
Kilpatrick
Kind
King (IA)
King (NY)
Kingston
Kirk
Klein (FL)
Kline (MN)
Knollenberg
Kucinich
Kuhl (NY)
LaHood
Lamborn
Lampson
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Latta
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
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Lofgren, Zoe
Lowey
Lucas
Lungren, Daniel E.
Lynch
Mack
Mahoney (FL)
Maloney (NY)
Manzullo
Markey
Marshall
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
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McCollum (MN)
McCotter
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McGovern
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McIntyre
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McMorris Rodgers
McNerney
McNulty
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (KS)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
Musgrave
Myrick
Nadler
Napolitano
Neal (MA)
Neugebauer
Nunes
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Pearce
Pence
Perlmutter
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pomeroy
Porter
Price (GA)
Price (NC)
Putnam
Radanovich
Rahall
Ramstad
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Regula
Rehberg
Reichert
Reyes
Reynolds
Richardson
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Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
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Roskam
Ross
Rothman
Roybal-Allard
Royce
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Rush
Ryan (OH)
Ryan (WI)
Salazar
Sali
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Saxton
Scalise
Schakowsky
Schiff
Schmidt
Schwartz
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Sestak
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Shea-Porter
Sherman
Shimkus
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Solis
Souder
Space
Speier
Spratt
Stark
Stearns
Stupak
Sullivan
Sutton
Tanner
Tauscher
Taylor
Terry
Thompson (CA)
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Tierney
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Turner
Udall (CO)
Udall (NM)
Upton
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Velazquez
Visclosky
Walberg
Walden (OR)
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Walz (MN)
Wamp
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Watt
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Welch (VT)
Weller
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Wexler
Wilson (NM)
Wilson (OH)
Wilson (SC)
Wittman (VA)
Wolf
Woolsey
Wu
Yarmuth
Young (AK)
Young (FL)
NAYS--2
Flake
Paul
NOT VOTING--13
Bishop (UT)
Cubin
DeFazio
Dingell
Gutierrez
Marchant
Moran (VA)
Pryce (OH)
Renzi
Shuler
Tancredo
Weldon (FL)
Whitfield (KY)
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). There are 2 minutes
remaining.
{time} 1913
So (two-thirds being in the affirmative) the rules were suspended and
the Senate bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________
ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE
The SPEAKER pro tempore (Mr. Donnelly). Pursuant to clause 8 of rule
XX, the Chair will postpone further proceedings today on any additional
motion to suspend the rules on which a recorded vote or the yeas and
nays are ordered, or on which the vote is objected to under clause 6 of
rule XX.
Record votes on postponed questions will be taken tomorrow.
____________________
{time} 1915
J. JAMES EXON FEDERAL BUREAU OF INVESTIGATION BUILDING
Ms. EDWARDS of Maryland. Mr. Speaker, I move to suspend the rules and
pass the Senate bill (S. 3009) to designate the Federal Bureau of
Investigation building under construction in Omaha, Nebraska, as the
``J. James Exon Federal Bureau of Investigation Building''.
The Clerk read the title of the Senate bill.
The text of the Senate bill is as follows:
S. 3009
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. J. JAMES EXON FEDERAL BUREAU OF INVESTIGATION
BUILDING.
(a) Designation.--The Federal Bureau of Investigation
building under construction at the intersection of 120th and
L Streets in Omaha, Nebraska, shall be known and designated
as the ``J. James Exon Federal Bureau of Investigation
Building''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
building
[[Page 21098]]
referred to in subsection (a) shall be deemed to be a
reference to the J. James Exon Federal Bureau of
Investigation Building.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Maryland (Ms. Edwards) and the gentleman from Arkansas (Mr. Boozman)
each will control 20 minutes.
The Chair recognizes the gentlewoman from Maryland.
General Leave
Ms. EDWARDS of Maryland. Mr. Speaker, I ask unanimous consent that
all Members may have 5 legislative days within which to revise and
extend their remarks and to include extraneous material on S. 3009.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Maryland?
There was no objection.
Ms. EDWARDS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of S. 3009, a bill introduced by
Senator Nelson of Nebraska to honor the distinguished career of former
Senator J. James Exon.
J. James Exon was born on August 9, 1921, in Geddes, South Dakota.
After graduating from the University of Omaha, he joined the United
States Army Signal Corps serving 2 years overseas in New Guinea, the
Philippines, and Japan. He was honorably discharged as a master
sergeant in December of 1945 and served in the Army Reserve until 1949.
In 1954, Exon founded Exon's Incorporated, which became one of
Nebraska's best-known office equipment companies.
The bill designates the FBI building under construction in Omaha,
Nebraska, in honor of Senator Exon. Senator Exon served two terms as
Governor of Nebraska from 1971 to 1979. In 1978, he was elected to the
United States Senate and served for three terms in the U.S. Senate. He
was not a candidate for reelection in 1996. Senator Exon died in June
of this year at the age of 83.
I support S. 3009 and urge my colleagues to also support this bill.
I reserve the balance of my time.
Mr. BOOZMAN. Mr. Speaker, I yield myself such time as I may consume.
This legislation would name the Federal Bureau of Investigation
Building in Omaha, Nebraska, the ``J. James Exon Federal Bureau of
Investigation Building.''
J. James Exon had a long and distinguished career in public service.
He was born in Geddes, South Dakota, in 1921 and attended the
University of Omaha. During World War II, Senator Exon served in the
United States Army Signal Corps, and he continued to serve in the Army
Reserve after he was honorably discharged in 1945.
Following the war, Senator Exon moved to the private sector,
eventually starting his own business in 1953. He also became active in
the political process leading to his election as Governor of Nebraska
in 1971.
Senator Exon represented the citizens of the State of Nebraska as
Governor for 8 years. As Governor of Nebraska, he developed a
reputation of holding the line on taxes and spending. His commitment to
service and his popularity led to his election as a U.S. Senator in
1979, and he served in that capacity for 18 years.
With the exception of the late Senator George Norris, Senator Exon
was the only Nebraskan to win five consecutive statewide elections.
Even after retiring from the U.S. Senate in 1997, Senator Exon
continued to serve his country. He was appointed to a congressionally
created committee led by the former Director of Central Intelligence,
John M. Deutch, to examine the threat of weapons of mass destruction.
Even then, he warned of the very real threat of terrorism.
Senator Exon had a long and distinguished career in serving the State
of Nebraska and the Nation. It is a fitting tribute to Senator Exon's
service that this building be named after him.
I support this legislation and encourage my colleagues to do the
same.
I reserve the balance of my time.
Ms. EDWARDS of Maryland. Mr. Speaker, I continue to reserve.
Mr. BOOZMAN. If the gentlelady has no additional speakers, then I
will close.
Again, I would just urge my colleagues to vote to adopt this measure.
Mr. OBERSTAR. Mr. Speaker, I rise in strong support of S. 3009 a bill
to honor the civic contributions of former Senator J. James Exon.
Senator J. James Exon was born in South Dakota in 1921. He attended
public schools, and graduated from the University of Omaha. Following
graduation, he served in the United States Army Signal Corp from 1942-
1945.
Senator Exon's political career began as a member of the Nebraska
Democratic State Central Committee. He was also a member of the
Democratic National Committee and Chaired the Nebraska Democratic Party
from 1968 to 1970. He then served two terms as Governor of Nebraska
and, in 1978, was elected to the U.S. Senate. He served three terms in
the United States Senate before retiring in 1996. Following his
retirement from the Senate, Senator Exon served on the Deutch
Commission, which was created by Congress to study the threat of
weapons of mass destruction.
On June 10, 2005, Senator Exon passed away.
This is a fitting tribute to Senator Exon's long career in public
service, and urge my colleagues to join me in supporting the bill.
Mr. BOOZMAN. I yield back the balance of my time.
Ms. EDWARDS of Maryland. I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Maryland (Ms. Edwards) that the House suspend the
rules and pass the Senate bill, S. 3009.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the Senate bill was passed.
A motion to reconsider was laid on the table.
____________________
COMMEMORATING THE 80TH ANNIVERSARY OF THE OKEECHOBEE HURRICANE OF
SEPTEMBER 1928
Ms. EDWARDS of Maryland. Mr. Speaker, I move to suspend the rules and
agree to the resolution (H. Res. 1376) commemorating the 80th
anniversary of the Okeechobee Hurricane of September 1928 and its
associated tragic loss of life, as amended.
The Clerk read the title of the resolution.
The text of the resolution is as follows:
H. Res. 1376
Whereas the Okeechobee Hurricane, also known as Hurricane
San Felipe Segundo, formed in the Atlantic Ocean, traveled
through the Caribbean Sea, and up the eastern coast of the
United States between September 10 and September 20, 1928;
Whereas on September 16, 1928, the Okeechobee Hurricane
made landfall in the continental United States at Palm Beach
County, Florida, and proceeded north over Lake Okeechobee,
after which it decreased steadily in intensity before dying
in Ontario, Canada;
Whereas the Okeechobee Hurricane attained the highest
classification of Category 5 for tropical cyclone intensity
on the Saffir-Simpson Hurricane Scale, with winds exceeding
160 miles per hour;
Whereas the Okeechobee Hurricane is officially recognized
by the National Oceanic and Atmospheric Administration as the
second deadliest hurricane on record in United States
history, exacting the tragic loss of approximately 3,000
lives in the United States and its territories;
Whereas approximately 75 percent of fatalities from the
Okeechobee Hurricane in the United States were migrant farm
workers, the vast majority of which were African-American;
Whereas the extensive impact of the Okeechobee Hurricane on
African-American migrant workers in southern and central
Florida was memorialized in the famous 1937 literary work of
Zora Neale Hurston, Their Eyes Were Watching God;
Whereas the Okeechobee Hurricane exacted horrendous damage
valued at over $16,000,000,000, adjusted for inflation, to
the infrastructure and towns of western Palm Beach County
alone;
Whereas many of those killed by the Okeechobee Hurricane in
southern Florida were buried in segregated mass graves, such
as the more than 670 African-American victims in a mass grave
in West Palm Beach;
Whereas the Nation and the State of Florida have taken
steps to respond to the Okeechobee Hurricane and other storm
events with the construction of storm damage reduction
projects to mitigate the loss of life and property;
Whereas the Herbert Hoover Dike's system surrounding Lake
Okeechobee consists of 143 miles of levee with 19 culverts,
hurricane gates, and other water control structures that
provide flood and storm damage reduction and other water
control benefits;
Whereas on November 2, 2007, the Army Corps of Engineers
Dam Safety Action Classification External Peer Review Panel
designated the Herbert Hoover Dike with Class I designation
of
[[Page 21099]]
``urgent and compelling,'' the highest risk category;
Whereas a breach of the Herbert Hoover Dike or similarly
designated structures throughout the Nation could potentially
cause catastrophic loss of life and poses grave economic and
environmental consequences to the surrounding communities;
and
Whereas economically disadvantaged and migrant communities
are at increased risk for extensive damage and loss of life
associated with natural disasters: Now, therefore, be it
Resolved,
That the House of Representatives--
(1) memorializes the tragic loss of approximately 3,000
lives in the United States and its territories due to the
Okeechobee Hurricane of 1928;
(2) recognizes the enduring importance of hurricane
preparedness measures, enhanced evacuation, emergency plans,
and disaster response training especially in economically
disadvantaged communities to prevent a disproportionate
impact of natural disasters and disparities in disaster
response;
(3) recognizes the role of relevant Federal agencies,
research institutes, universities, and disaster response
organizations in providing intensity forecasting, long-range
projections of hurricane activity, emergency management, and
hurricane and storm damage reduction to better prepare for,
respond to, and mitigate the extensive loss of life and
devastating impacts of hurricanes and storms;
(4) fully supports initiatives to enhance our understanding
of storm impacts on physical structures, including water
management systems and other infrastructure that may be
vulnerable to the most intense of storms;
(5) urges the State of Florida and local governments to--
(A) commemorate and memorialize the 80th anniversary of the
Okeechobee Hurricane of 1928 and its associated tragic loss
of approximately 3,000 lives in the United States and its
territories; and
(B) appropriately recognize mass graves of the victims of
the Okeechobee Hurricane;
(6) urges the Federal government, and State and local
governments, to--
(A) take appropriate actions to encourage hurricane and
disaster preparedness, education, response, and mitigation;
and
(B) support programs and initiatives that promote disaster
preparedness, education, response, and mitigation especially
in economically disadvantaged and migrant communities;
(7) commends the Army Corps of Engineers for its ongoing
rehabilitation of the Herbert Hoover Dike and encourages
continued collaboration among Federal, State, and local
governments toward expeditious completion of the
rehabilitation effort; and
(8) recommits itself to hurricane preparedness, safety
education, response, and mitigation for all communities in
the 110th Congress.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Maryland (Ms. Edwards) and the gentleman from Arkansas (Mr. Boozman)
each will control 20 minutes.
The Chair recognizes the gentlewoman from Maryland.
General Leave
Ms. EDWARDS of Maryland. Mr. Speaker, I ask unanimous consent that
all Members may have 5 legislative days within which to revise and
extend their remarks and to include extraneous material on H. Res.
1376.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Maryland?
There was no objection.
Ms. EDWARDS of Maryland. Mr. Speaker, I yield such time as he may
consume to the gentleman from Florida (Mr. Hastings).
Mr. HASTINGS of Florida. I thank my good friend and new Member, in
one sense of the word, from Maryland for yielding time to me.
I also want to thank the chairwoman and ranking Republican of the
Subcommittee on Economic Development, Public Buildings, and Emergency
Management, Representative Eleanor Holmes Norton and Sam Graves. And I
thank Chairman Oberstar for his continuing leadership as well.
Mr. Speaker, I was pleased to have introduced this resolution with
many of my colleagues from Florida. All of them, as well as the
majority leader and his floor staff, were so helpful in getting this
resolution to the floor today.
Mr. Speaker, I rise in strong support of this resolution that
commemorates last week's 80th anniversary of the Okeechobee hurricane
of 1928. Numerous communities in the congressional district that I am
privileged to serve last week remembered the destruction of the
Okeechobee hurricane, also known as Hurricane San Felipe Segundo. The
storm ravaged Florida, Puerto Rico, the Virgin Islands, the Bahamas,
and numerous islands of the Caribbean.
The resolution also pays tribute appropriately to the over 4,000
lives lost from this tragic storm. More than 3,000 were lost in the
United States alone, the second largest death toll ever recorded by the
National Oceanic and Atmospheric Administration. Floridians living near
Lake Okeechobee in communities that I am now privileged to represent
experienced a devastating loss of life when the hurricane led to
extensive breaches of the levees surrounding the lake.
Of the more than 3,000 casualties in the continental United States,
more than 75 percent were migrant workers near Lake Okeechobee who were
overwhelmingly African American.
The lack of capacity to respond to the storm and racial overtones of
the era led to extensive disparities in the treatment of victims of the
hurricane. Many African Americans were buried in poorly or unmarked
mass graves, including one site in West Palm Beach where over 670
unfortunate souls were laid to rest.
Similar graves for white victims of the tragedy were visibly
memorialized, whereas many African American graves were forgotten and
still not known and some not recognized until many years later.
Mr. Speaker, neglecting these darker moments of our history can
overlook important lessons, as we saw with the devastation of
Hurricanes Katrina, Gustav, and most recently, Ike. Beyond just
recognizing the victims of the Okeechobee hurricane, their loss is a
reminder of what can happen when there are injustices in disaster
response and mitigation.
The potential for devastation due to failing infrastructure following
disasters exists in many places throughout our Nation. That is why this
resolution also places emphasis on hurricane preparedness and
education.
It also commends the Army Corps of Engineers for the work that they
are doing today to repair the Herbert Hoover Dike. The dike, which was
built in the 1930s to protect the Lake Okeechobee communities that were
flooded and destroyed by the Okeechobee hurricane, is in dire need of
repairs. To date, Congress has appropriated well over $100 million to
repair the dike. Without continued help, these communities will be
vulnerable to devastation from future storms.
I wish to add a footnote. I came here 15 years ago. And all of my
colleagues from Louisiana on both sides of the aisle in the Senate and
in the House were continuously arguing then about the levees in New
Orleans, and I just shudder to think about the fact that we were tardy
in responding to them.
The experience of the Okeechobee hurricane still touches the lives of
so many of my constituents and people throughout Florida and the
Caribbean.
One of them I wish to personally memorialize, Dave Larramore, who we
referred to as Brother Larramore. One of his favorite expressions was
``ain'tchaknow.''
Brother Larramore was from the Bahamas and he was in Okeechobee when
that storm occurred in 1928. He lost eight members of his family. He
was holding on to his wife who was holding his child, and she dropped
the child, and he grabbed the baby; and they were the only ones that
came out of that storm.
He told that story often and stories of others. I take this
opportunity to remember him with the kindness that this body offers to
our people when they pass, no matter how long ago that it was.
The House's consideration of this resolution today is both
appropriate and timely. I ask for my colleagues' support.
{time} 1930
Ms. EDWARDS of Maryland. Mr. Speaker, I submit my statement for the
Record.
I rise today to support H. Res. 1376 as amended, to commemorate the
80th anniversary of the Okeechobee Hurricane of 1928.
H. Res. 1376 as amended memorializes the loss of more than 3,000
lives in the United States and in the Caribbean as a result of
Okeechobee Hurricane, also known as Hurricane San Felipe Segundo of
1928. This devastating storm formed in the Atlantic Ocean, traveled
through the Caribbean Sea, and
[[Page 21100]]
made landfall in Palm Beach County, Florida, on September 16, 1928.
According to the National Oceanic and Atmospheric Administration,
this was the second deadliest hurricane on record in Untied States
history, exacting the loss of over 3,000 lives in the United States and
its territories. Approximately 75 percent of the fatalities were
African American. The extensive impact of this hurricane on African-
American migrant workers in southern and central Florida was
memorialized in the famous 1937 literary work of Zora Neale Hurston,
``Their Eyes Were Watching God''.
This resolution also recognizes the importance of hurricane
preparedness measures, enhanced evacuation and emergency plans, and
disaster response training especially in economically disadvantaged
communities to prevent a disproportionate impact of natural disasters
and disparities in disaster response. This year's hurricanes, including
Hurricanes Gustav and Ike, continue to reinforce the importance of
these activities.
The resolution also recognizes the role of relevant Federal agencies,
research institutes, universities, and disaster response organizations
in providing intensity forecasting, long-range projections of hurricane
activity, emergency management, and hurricane and storm damage
reduction to better prepare for, respond to, and mitigate the extensive
loss of life and devastating impacts of hurricanes and storms.
As a result of this and later hurricanes in the 1940s and 1950s, a
series of larger dikes was built around the lake. The Herbert Hoover
Dike was the culmination of large dike construction around Lake
Okeechobee and was completed in the 1960s and consists of 143 miles of
levees. Recent reviews of the Herbert Hoover Dike have indicated that
the dike is in a deteriorating condition. The Army Corps of Engineers
is presently undertaking a comprehensive rehabilitation of the dike to
provide protection for citizens living in the area of Lake Okeechobee.
I urge my colleagues to join me in agreeing to the resolution.
Mr. BOOZMAN. Mr. Speaker, I yield myself such time as I may consume.
I want to thank Mr. Hastings, the gentleman from Florida, and his
Florida colleagues for bringing this resolution forward.
On September 16, 1928, one of the worst storms in Florida's history
made landfall. While no reliable wind readings are available and the
Saffire-Simpson hurricane scale had not been developed, there were
reports of minimum pressures of 27.43 inches, making this the fourth
strongest hurricane of record to hit the United States.
With wind speeds being recorded of up to 160 miles per hour,
significant damages affected Caribbean nations, the United States, and
its territories. According to the National Oceanic and Atmospheric
Administration, this hurricane would have been a strong category four
storm when it struck the United States coast.
The damage to property was immense, estimated at $50 million in
Puerto Rico and $25 million in Florida, equating to almost $35 billion
when adjusted to today's dollars, making it the eighth most damaging
hurricane in the Nation's history.
More importantly, this hurricane caused heavy casualties and
catastrophic destruction along its path from the Leeward Islands to
Florida. The worst tragedy occurred at inland Lake Okeechobee in
Florida, where the hurricane caused a lake surge of six to nine feet
that inundated the surrounding area. In some cases, the flood waters
exceeded 12 feet, trees were uprooted, crops destroyed, homes torn from
their foundations, and entire families drowned.
According to the National Oceanic and Atmospheric Administration's
National Hurricane Center, up to 3,000 died in the United States and
its territories. Small towns south of the lake were wiped from the
Earth in this hurricane. Only the storm at Galveston, Texas, in 1900
caused greater loss of life.
While hurricanes still assault America's coastline, the Nation is
better prepared today to respond to these types of events. Storm damage
reduction projects, warning systems, and mitigation efforts have helped
to reduce the catastrophic loss of life as was witnessed in 1928.
As we commemorate this tragic event of 80 years ago, let us also
recognize that today's investments in hurricane and flood risk
reduction projects save both lives and property.
There are many ways to reduce the risk of storm damage in low-lying
coastal areas, some are structural, such as levees and flood gates;
some are nonstructural, such as zoning, response planning, and
insurance. All levels of government must use their abilities and their
budgets to reduce hurricane and flood damage in the Nation.
I urge all Members to support the resolution. And again, I want to
thank the gentleman from Florida for bringing this forward. Certainly,
we need to remember events like this and prevent their occurrence in
the future.
Mr. OBERSTAR. Mr. Speaker, I rise today to support H. Res. 1376, to
commemorate the 80th anniversary of the Okeechobee Hurricane of 1928.
H. Res. 1376 memorializes the loss of more than 3,000 lives in the
United States and its territories as a result of Hurricane Okeechobee
in 1928. Furthermore, the resolution recognizes the importance of
hurricane preparedness, mitigation, enhanced evacuation measures,
emergency plans, and disaster response training for helping to prevent
the tragic loss of life as a result of natural disasters. This
resolution recognizes the important roles that the Federal Government,
States, and local governments all play in planning, collaborating,
preparing for, and mitigating loss in the event of a natural disaster.
Hurricane Okeechobee, also known as Hurricane San Felipe Segundo, had
winds exceeding 160 miles per hours. This was the first recorded
hurricane to achieve winds at levels which equate to a Category 5 on
the modern Saffir-Simpson Hurricane Scale. The hurricane made its way
through the Caribbean Sea, landing in Palm Beach County, Florida, and
then making its way up the East Coast from September 10-20, 1928, and
then travelled all the way to Ontario, Canada. The storm surge on Lake
Okeechobee overwhelmed the low dike around the lake, flooding hundred
of acres and killing thousands of people.
As a result of the Okeechobee Hurricane and later hurricanes in the
1940s and 1950s, a series of larger dikes was built around the lake.
The Herbert Hoover Dike was the culmination of large dike construction
around Lake Okeechobee and was completed in the 1960s. Recent reviews
of the Herbert Hoover Dike have indicated the dike is in a
deteriorating condition. The Army Corps of Engineers is presently
undertaking a comprehensive rehabilitation of the Dike to provide
protection for citizens living in the area of Lake Okeechobee.
I urge my colleagues to join me in agreeing to the resolution.
Mr. BOOZMAN. Mr. Speaker, I yield back the balance of my time.
Ms. EDWARDS of Maryland. Mr. Speaker, I yield back the balance of my
time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Maryland (Ms. Edwards) that the House suspend the
rules and agree to the resolution, H. Res. 1376, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the resolution, as amended, was agreed to.
A motion to reconsider was laid on the table.
____________________
VETERANS' MENTAL HEALTH AND OTHER CARE IMPROVEMENTS ACT OF 2008
Mr. FILNER. Mr. Speaker, I move to suspend the rules and pass the
Senate bill (S. 2162) to improve the treatment and services provided by
the Department of Veterans Affairs to veterans with post-traumatic
stress disorder and substance use disorders, and for other purposes, as
amended.
The Clerk read the title of the Senate bill.
The text of the Senate bill is as follows:
S. 2162
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Veterans'
Mental Health and Other Care Improvements Act of 2008''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.
[[Page 21101]]
TITLE I--SUBSTANCE USE DISORDERS AND MENTAL HEALTH CARE
Sec. 101. Tribute to Justin Bailey.
Sec. 102. Findings on substance use disorders and mental health.
Sec. 103. Expansion of substance use disorder treatment services
provided by Department of Veterans Affairs.
Sec. 104. Care for veterans with mental health and substance use
disorders.
Sec. 105. Pilot program for Internet-based substance use disorder
treatment for veterans of Operation Iraqi Freedom and
Operation Enduring Freedom.
Sec. 106. Report on residential mental health care facilities of the
Veterans Health Administration.
Sec. 107. Pilot program on peer outreach and support for veterans and
use of community mental health centers and Indian Health
Service facilities.
TITLE II--MENTAL HEALTH RESEARCH
Sec. 201. Research program on comorbid post-traumatic stress disorder
and substance use disorders.
Sec. 202. Extension of authorization for Special Committee on Post-
Traumatic Stress Disorder.
TITLE III--ASSISTANCE FOR FAMILIES OF VETERANS
Sec. 301. Clarification of authority of Secretary of Veterans Affairs
to provide mental health services to families of
veterans.
Sec. 302. Pilot program on provision of readjustment and transition
assistance to veterans and their families in cooperation
with Vet Centers.
TITLE IV--HEALTH CARE MATTERS
Sec. 401. Veterans beneficiary travel program.
Sec. 402. Mandatory reimbursement of veterans receiving emergency
treatment in non-Department of Veterans Affairs
facilities until transfer to Department facilities.
Sec. 403. Pilot program of enhanced contract care authority for health
care needs of veterans in highly rural areas.
Sec. 404. Epilepsy centers of excellence.
Sec. 405. Establishment of qualifications for peer specialist
appointees.
Sec. 406. Establishment of consolidated patient accounting centers.
Sec. 407. Repeal of limitation on authority to conduct widespread HIV
testing program.
Sec. 408. Provision of comprehensive health care by Secretary of
Veterans Affairs to children of Vietnam veterans born
with Spina Bifida.
Sec. 409. Exemption from copayment requirement for veterans receiving
hospice care.
TITLE V--PAIN CARE
Sec. 501. Comprehensive policy on pain management.
TITLE VI--HOMELESS VETERANS MATTERS
Sec. 601. Increased authorization of appropriations for comprehensive
service programs.
Sec. 602. Expansion and extension of authority for program of referral
and counseling services for at-risk veterans
transitioning from certain institutions.
Sec. 603. Permanent authority for domiciliary services for homeless
veterans and enhancement of capacity of domiciliary care
programs for female veterans.
Sec. 604. Financial assistance for supportive services for very low-
income veteran families in permanent housing.
TITLE VII--AUTHORIZATION OF MEDICAL FACILITY PROJECTS AND MAJOR MEDICAL
FACILITY LEASES
Sec. 701. Authorization for fiscal year 2009 major medical facility
projects.
Sec. 702. Modification of authorization amounts for certain major
medical facility construction projects previously
authorized.
Sec. 703. Authorization of fiscal year 2009 major medical facility
leases.
Sec. 704. Authorization of appropriations.
Sec. 705. Increase in threshold for major medical facility leases
requiring Congressional approval.
Sec. 706. Conveyance of certain non-Federal land by City of Aurora,
Colorado, to Secretary of Veterans Affairs for
construction of veterans medical facility.
Sec. 707. Report on facilities administration.
Sec. 708. Annual report on outpatient clinics.
Sec. 709. Name of Department of Veterans Affairs spinal cord injury
center, Tampa, Florida.
TITLE VIII--EXTENSION OF CERTAIN AUTHORITIES
Sec. 801. Repeal of sunset on inclusion of noninstitutional extended
care services in definition of medical services.
Sec. 802. Extension of recovery audit authority.
Sec. 803. Permanent authority for provision of hospital care, medical
services, and nursing home care to veterans who
participated in certain chemical and biological testing
conducted by the Department of Defense.
Sec. 804. Extension of expiring collections authorities.
Sec. 805. Extension of nursing home care.
Sec. 806. Permanent authority to establish research corporations.
Sec. 807. Extension of requirement to submit annual report on the
Committee on Care of Severely Chronically Mentally Ill
Veterans.
Sec. 808. Permanent requirement for biannual report on Women's Advisory
Committee.
Sec. 809. Extension of pilot program on improvement of caregiver
assistance services.
TITLE IX--OTHER MATTERS
Sec. 901. Technical amendments.
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this
Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of title 38, United States Code.
TITLE I--SUBSTANCE USE DISORDERS AND MENTAL HEALTH CARE
SEC. 101. TRIBUTE TO JUSTIN BAILEY.
This title is enacted in tribute to Justin Bailey, who,
after returning to the United States from service as a member
of the Armed Forces in Operation Iraqi Freedom, died in a
domiciliary facility of the Department of Veterans Affairs
while receiving care for post-traumatic stress disorder and a
substance use disorder.
SEC. 102. FINDINGS ON SUBSTANCE USE DISORDERS AND MENTAL
HEALTH.
Congress makes the following findings:
(1) More than 1,500,000 members of the Armed Forces have
been deployed in Operation Iraqi Freedom and Operation
Enduring Freedom. The 2005 Department of Defense Survey of
Health Related Behaviors Among Active Duty Personnel reports
that 23 percent of members of the Armed Forces on active duty
acknowledge a significant problem with alcohol use disorder,
with similar rates of acknowledged problems with alcohol use
disorder among members of the National Guard.
(2) The effects of substance use disorder are wide ranging,
including significantly increased risk of suicide,
exacerbation of mental and physical health disorders,
breakdown of family support, and increased risk of
unemployment and homelessness.
(3) While veterans suffering from mental health conditions,
chronic physical illness, and polytrauma may be at increased
risk for development of a substance use disorder, treatment
for these veterans is complicated by the need to address
adequately the physical and mental symptoms associated with
these conditions through appropriate medical intervention.
(4) While the Veterans Health Administration has
dramatically increased health services for veterans from 1996
through 2006, the number of veterans receiving specialized
substance use disorder treatment services decreased 18
percent during that time. No comparable decrease in the
national rate of substance use disorder has been observed
during that time.
(5) While some facilities of the Veterans Health
Administration provide exemplary substance use disorder
treatment services, the availability of such treatment
services throughout the health care system of the Veterans
Health Administration is inconsistent.
(6) According to a 2006 report by the Government
Accountability Office, the Department of Veterans Affairs
significantly reduced its substance use disorder treatment
and rehabilitation services between 1996 and 2006, and the
Fiscal Year 2007 National Mental Health Program Monitoring
System report shows that little progress has been made in
restoring these services to their pre-1996 levels.
SEC. 103. EXPANSION OF SUBSTANCE USE DISORDER TREATMENT
SERVICES PROVIDED BY DEPARTMENT OF VETERANS
AFFAIRS.
(a) In General.--The Secretary of Veterans Affairs shall
ensure the provision of such services and treatment to each
veteran enrolled in the health care system of the Department
of Veterans Affairs who is in need of services and treatments
for a substance use disorder as follows:
(1) Screening for substance use disorder in all settings,
including primary care settings.
(2) Short term motivational counseling services.
(3) Marital and family counseling.
(4) Intensive outpatient or residential care services.
[[Page 21102]]
(5) Relapse prevention services.
(6) Ongoing aftercare and outpatient counseling services.
(7) Opiate substitution therapy services.
(8) Pharmacological treatments aimed at reducing craving
for drugs and alcohol.
(9) Detoxification and stabilization services.
(10) Coordination with groups providing peer to peer
counseling.
(11) Such other services as the Secretary considers
appropriate.
(b) Provision of Services.--
(1) Allocation of resources for provision of services.--The
Secretary shall ensure that amounts made available for care,
treatment, and services provided under this section are
allocated in such a manner that a full continuum of care,
treatment, and services described in subsection (a) is
available to veterans seeking such care, treatment, or
services, without regard to the location of the residence of
any such veterans.
(2) Manner of provision.--The services and treatment
described in subsection (a) may be provided to a veteran
described in such subsection--
(A) at Department of Veterans Affairs medical centers or
clinics;
(B) by referral to other facilities of the Department that
are accessible to such veteran; or
(C) by contract or fee-for-service payments with community-
based organizations for the provision of such services and
treatments.
(c) Alternatives in Case of Services Denied Due to Clinical
Necessity.--If the Secretary denies the provision to a
veteran of services or treatment for a substance use disorder
due to clinical necessity, the Secretary shall provide the
veteran such other services or treatment as are medically
appropriate.
SEC. 104. CARE FOR VETERANS WITH MENTAL HEALTH AND SUBSTANCE
USE DISORDERS.
(a) In General.--If the Secretary of Veterans Affairs
provides a veteran inpatient or outpatient care for a
substance use disorder and a comorbid mental health disorder,
the Secretary shall ensure that treatment for such disorders
is provided concurrently--
(1) through a service provided by a clinician or health
professional who has training and expertise in treatment of
substance use disorders and mental health disorders;
(2) by separate substance use disorder and mental health
disorder treatment services when there is appropriate
coordination, collaboration, and care management between such
treatment services; or
(3) by a team of clinicians with appropriate expertise.
(b) Team of Clinicians With Appropriate Expertise
Defined.--In this section, the term ``team of clinicians with
appropriate expertise'' means a team consisting of the
following:
(1) Clinicians and health professionals with expertise in
treatment of substance use disorders and mental health
disorders who act in coordination and collaboration with each
other.
(2) Such other professionals as the Secretary considers
appropriate for the provision of treatment to veterans for
substance use and mental health disorders.
SEC. 105. PILOT PROGRAM FOR INTERNET-BASED SUBSTANCE USE
DISORDER TREATMENT FOR VETERANS OF OPERATION
IRAQI FREEDOM AND OPERATION ENDURING FREEDOM.
(a) Findings.--Congress makes the following findings:
(1) Stigma associated with seeking treatment for mental
health disorders has been demonstrated to prevent some
veterans from seeking such treatment at a medical facility
operated by the Department of Defense or the Department of
Veterans Affairs.
(2) There is a significant incidence among veterans of
post-deployment mental health problems, especially among
members of a reserve component who return as veterans to
civilian life.
(3) Computer-based self-guided training has been
demonstrated to be an effective strategy for supplementing
the care of psychological conditions.
(4) Younger veterans, especially those who served in
Operation Enduring Freedom or Operation Iraqi Freedom, are
comfortable with and proficient at computer-based technology.
(5) Veterans living in rural areas may find access to
treatment for substance use disorder limited.
(6) Self-assessment and treatment options for substance use
disorders through an Internet website may reduce stigma and
provides additional access for individuals seeking care and
treatment for such disorders.
(b) In General.--Not later than October 1, 2009, the
Secretary of Veterans Affairs shall carry out a pilot program
to assess the feasibility and advisability of providing
veterans who seek treatment for substance use disorders
access to a computer-based self-assessment, education, and
specified treatment program through a secure Internet website
operated by the Secretary. Participation in the pilot program
shall be available on a voluntary basis for those veterans
who have served in Operation Enduring Freedom or Operation
Iraqi Freedom.
(c) Elements of Pilot Program.--
(1) In general.--In carrying out the pilot program under
this section, the Secretary shall ensure that--
(A) access to the Internet website and the programs
available on the website by a veteran (or family member) does
not involuntarily generate an identifiable medical record of
that access by that veteran in any medical database
maintained by the Department of Veterans Affairs;
(B) the Internet website is accessible from remote
locations, especially rural areas; and
(C) the Internet website includes a self-assessment tool
for substance use disorders, self-guided treatment and
educational materials for such disorders, and appropriate
information and materials for family members of veterans.
(2) Consideration of similar projects.--In designing the
pilot program under this section, the Secretary shall
consider similar pilot projects of the Department of Defense
for the early diagnosis and treatment of post-traumatic
stress disorder and other mental health conditions
established under section 741 of the John Warner National
Defense Authorization Act of Fiscal Year 2007 (Public Law
109-364; 120 Stat. 2304).
(3) Location of pilot program.--The Secretary shall carry
out the pilot program through those medical centers of the
Department of Veterans Affairs that have established Centers
for Excellence for Substance Abuse Treatment and Education or
that have established a Substance Abuse Program Evaluation
and Research Center.
(4) Contract authority.--The Secretary may enter into
contracts with qualified entities or organizations to carry
out the pilot program required under this section.
(d) Duration of Pilot Program.--The pilot program required
by subsection (a) shall be carried out during the two-year
period beginning on the date of the commencement of the pilot
program.
(e) Report.--Not later than six months after the completion
of the pilot program, the Secretary shall submit to Congress
a report on the pilot program, and shall include in that
report--an assessment of the feasibility and advisability of
continuing or expanding the pilot program, of any cost
savings or other benefits associated with the pilot program,
and any other recommendations.
(f) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Veterans Affairs
$1,500,000 for each of fiscal years 2010 and 2011 to carry
out the pilot program under this section.
SEC. 106. REPORT ON RESIDENTIAL MENTAL HEALTH CARE FACILITIES
OF THE VETERANS HEALTH ADMINISTRATION.
(a) Review.--
(1) In general.--Not later than six months after the date
of the enactment of this Act, the Secretary of Veterans
Affairs shall, acting through the Inspector General of the
Department of Veterans Affairs, complete a review of all
residential mental health care facilities, including
domiciliary facilities, of the Veterans Health
Administration.
(2) Assessment.--As part of the review required by
paragraph (1), the Secretary, acting through the Inspector
General, shall assess the following:
(A) The availability of care in residential mental health
care facilities in each Veterans Integrated Service Network
(VISN).
(B) The supervision and support provided in the residential
mental health care facilities of the Veterans Health
Administration.
(C) The ratio of staff members at each residential mental
health care facility to patients at such facility.
(D) The appropriateness of rules and procedures for the
prescription and administration of medications to patients in
such residential mental health care facilities.
(E) The protocols at each residential mental health care
facility for handling missed appointments.
(3) Recommendations.--As part of the review required by
paragraph (1), the Secretary, acting through the Inspector
General, shall develop such recommendations as the Secretary
considers appropriate for improvements to residential mental
health care facilities of the Veterans Health Administration
and the care provided in such facilities.
(b) Follow-up Review.--Not later than two years after the
date of the completion of the review required by subsection
(a), the Secretary of Veterans Affairs shall, acting through
the Inspector General of the Department of Veterans Affairs,
complete a follow-up review of the facilities reviewed under
subsection (a) to evaluate any improvements made or problems
remaining since the review under subsection (a) was
completed.
(c) Report.--Not later than 90 days after the completion of
the review required by subsection (a), the Secretary of
Veterans Affairs shall submit to the Committee on Veterans'
Affairs of the Senate and the Committee on Veterans' Affairs
of the House of Representatives a report on the findings of
the Secretary with respect to such review.
SEC. 107. PILOT PROGRAM ON PEER OUTREACH AND SUPPORT FOR
VETERANS AND USE OF COMMUNITY MENTAL HEALTH
CENTERS AND INDIAN HEALTH SERVICE FACILITIES.
(a) Pilot Program Required.--Commencing not later than 180
days after the date of the enactment of this Act, the
Secretary of Veterans Affairs shall carry out a pilot program
to assess the feasability and
[[Page 21103]]
advisability of providing to veterans of Operation Iraqi
Freedom and Operation Enduring Freedom, and, in particular,
veterans who served in such operations as a member of the
National Guard or Reserve, the following:
(1) Peer outreach services.
(2) Peer support services provided by licensed providers of
peer support services or veterans who have personal
experience with mental illness.
(3) Readjustment counseling services described in section
1712A of title 38, United States Code.
(4) Other mental health services.
(b) Provision of Certain Services.--In providing services
described in paragraphs (3) and (4) of subsection (a) under
the pilot program to veterans who reside in rural areas and
do not have adequate access through the Department of
Veterans Affairs to the services described in such
paragraphs, the Secretary shall, acting through the Office of
Mental Health Services and the Office of Rural Health,
provide such services as follows:
(1) Through community mental health centers under contracts
or other agreements if entered into by the Secretary of
Veterans Affairs and the Secretary of Health and Human
Services for the provision of such services for purposes of
the pilot program.
(2) Through the Indian Health Service, or an Indian tribe
or tribal organization that has entered into an agreement
with the Indian Health Service pursuant to the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et
seq.), if a memorandum of understanding is entered into by
the Secretary of Veterans Affairs and the Secretary of Health
and Human Services for purposes of the pilot program.
(3) Through other appropriate entities under contracts or
other agreements entered into by the Secretary of Veterans
Affairs for the provision of such services for purposes of
the pilot program.
(c) Duration.--The pilot program shall be carried out
during the three-year period beginning on the date of the
commencement of the pilot program.
(d) Program Locations.--
(1) In general.--The pilot program shall be carried out
within areas selected by the Secretary for the purpose of the
pilot program in at least three Veterans Integrated Service
Networks (VISNs).
(2) Rural geographic locations.--The locations selected
shall be in rural geographic locations that, as determined by
the Secretary, lack access to comprehensive mental health
services through the Department of Veterans Affairs.
(3) Qualified providers.--In selecting locations for the
pilot program, the Secretary shall select locations in which
an adequate number of licensed mental health care providers
with credentials equivalent to those of Department mental
health care providers are available in Indian Health Service
facilities, community mental health centers, and other
entities for participation in the pilot program.
(e) Participation in Program.--Each community mental health
center, facility of the Indian Health Service, or other
entity participating in the pilot program under subsection
(b) shall--
(1) provide the services described in paragraphs (3) and
(4) of subsection (a) to eligible veterans, including, to the
extent practicable, telehealth services that link the center
or facility with Department of Veterans Affairs clinicians;
(2) use the clinical practice guidelines of the Veterans
Health Administration or the Department of Defense in the
provision of such services; and
(3) meet such other requirements as the Secretary shall
require.
(f) Compliance With Department Protocols.--Each community
mental health center, facility of the Indian Health Service,
or other entity participating in the pilot program under
subsection (b) shall comply with--
(1) applicable protocols of the Department before incurring
any liability on behalf of the Department for the provision
of services as part of the pilot program; and
(2) access and quality standards of the Department relevant
to the provision of services as part of the pilot program.
(g) Provision of Clinical Information.--Each community
mental health center, facility of the Indian Health Service,
or other entity participating in the pilot program under
subsection (b) shall, in a timely fashion, provide the
Secretary with such clinical information on each veteran for
whom such health center or facility provides mental health
services under the pilot program as the Secretary shall
require.
(h) Training.--
(1) Training of veterans.--As part of the pilot program,
the Secretary shall carry out a program of training for
veterans described in subsection (a) to provide the services
described in paragraphs (1) and (2) of such subsection.
(2) Training of clinicians.--
(A) In general.--The Secretary shall conduct a training
program for clinicians of community mental health centers,
Indian Health Service facilities, or other entities
participating in the pilot program under subsection (b) to
ensure that such clinicians can provide the services
described in paragraphs (3) and (4) of subsection (a) in a
manner that accounts for factors that are unique to the
experiences of veterans who served on active duty in
Operation Iraqi Freedom or Operation Enduring Freedom
(including their combat and military training experiences).
(B) Participation in training.--Personnel of each community
mental health center, facility of the Indian Health Service,
or other entity participating in the pilot program under
subsection (b) shall participate in the training program
conducted pursuant to subparagraph (A).
(i) Annual Reports.--Each community mental health center,
facility of the Indian Health Service, or other entity
participating in the pilot program under subsection (b) shall
submit to the Secretary on an annual basis a report
containing, with respect to the provision of services under
subsection (b) and for the last full calendar year ending
before the submission of such report--
(1) the number of--
(A) veterans served; and
(B) courses of treatment provided; and
(2) demographic information for such services, diagnoses,
and courses of treatment.
(j) Program Evaluation.--
(1) In general.--The Secretary shall, through Department of
Veterans Affairs Mental Health Services investigators and in
collaboration with relevant program offices of the
Department, design and implement a strategy for evaluating
the pilot program.
(2) Elements.--The strategy implemented under paragraph (1)
shall assess the impact that contracting with community
mental health centers, the Indian Health Service, and other
entities participating in the pilot program under subsection
(b) has on the following:
(A) Access to mental health care by veterans in need of
such care.
(B) The use of telehealth services by veterans for mental
health care needs.
(C) The quality of mental health care and substance use
disorder treatment services provided to veterans in need of
such care and services.
(D) The coordination of mental health care and other
medical services provided to veterans.
(k) Definitions.--In this section:
(1) The term ``community mental health center'' has the
meaning given such term in section 410.2 of title 42, Code of
Federal Regulations (as in effect on the day before the date
of the enactment of this Act).
(2) The term ``eligible veteran'' means a veteran in need
of mental health services who--
(A) is enrolled in the Department of Veterans Affairs
health care system; and
(B) has received a referral from a health professional of
the Veterans Health Administration to a community mental
health center, a facility of the Indian Health Service, or
other entity for purposes of the pilot program.
(3) The term ``Indian Health Service'' means the
organization established by section 601(a) of the Indian
Health Care Improvement Act (25 U.S.C. 1661(a)).
(l) Authorization of Appropriations.--There is authorized
to be appropriated such sums as may be necessary to carry out
the provisions of this section.
TITLE II--MENTAL HEALTH RESEARCH
SEC. 201. RESEARCH PROGRAM ON COMORBID POST-TRAUMATIC STRESS
DISORDER AND SUBSTANCE USE DISORDERS.
(a) Program Required.--The Secretary of Veterans Affairs
shall, through the Office of Research and Development, carry
out a program of research into comorbid post-traumatic stress
disorder (PTSD) and substance use disorder.
(b) Discharge Through National Center for Posttraumatic
Stress Disorder.--The research program required by subsection
(a) shall be carried out by the National Center for
Posttraumatic Stress Disorder. In carrying out the program,
the Center shall--
(1) develop protocols and goals with respect to research
under the program; and
(2) coordinate research, data collection, and data
dissemination under the program.
(c) Research.--The program of research required by
subsection (a) shall address the following:
(1) Comorbid post-traumatic stress disorder and substance
use disorder.
(2) The systematic integration of treatment for post-
traumatic stress disorder with treatment for substance use
disorder.
(3) The development of protocols to evaluate care of
veterans with comorbid post-traumatic stress disorder and
substance use disorder.
(d) Funding.--
(1) Authorization of appropriations.--There is authorized
to be appropriated for the Department of Veterans Affairs for
each of fiscal years 2009 through 2012, $2,000,000 to carry
out this section.
(2) Availability.--Amounts authorized to be appropriated by
paragraph (1) shall be made available to the National Center
on Posttraumatic Stress Disorder for the purpose specified in
that paragraph.
(3) Supplement not supplant.--Any amount made available to
the National Center on Posttraumatic Stress Disorder for a
fiscal year under paragraph (2) is in addition to any other
amounts made available to the National Center on
Posttraumatic Stress
[[Page 21104]]
Disorder for such year under any other provision of law.
SEC. 202. EXTENSION OF AUTHORIZATION FOR SPECIAL COMMITTEE ON
POST-TRAUMATIC STRESS DISORDER.
Section 110(e)(2) of the Veterans' Health Care Act of 1984
(38 U.S.C. 1712A note; Public Law 98-528) is amended by
striking ``through 2008'' and inserting ``through 2012''.
TITLE III--ASSISTANCE FOR FAMILIES OF VETERANS
SEC. 301. CLARIFICATION OF AUTHORITY OF SECRETARY OF VETERANS
AFFAIRS TO PROVIDE MENTAL HEALTH SERVICES TO
FAMILIES OF VETERANS.
(a) In General.--Chapter 17 is amended--
(1) in section 1701(5)(B)--
(A) by inserting ``marriage and family counseling,'' after
``professional counseling,''; and
(B) by striking ``as may be essential to'' and inserting
``as the Secretary considers appropriate for''; and
(2) in section 1782--
(A) in subsection (a), by inserting ``marriage and family
counseling,'' after ``professional counseling,''; and
(B) in subsection (b)--
(i) by inserting ``marriage and family counseling,'' after
``professional counseling,''; and
(ii) by striking ``if--'' and all that follows and
inserting a period.
(b) Location.--Paragraph (5) of section 1701 of title 38,
United States Code, shall not be construed to prevent the
Secretary of Veterans Affairs from providing services
described in subparagraph (B) of such paragraph to
individuals described in such subparagraph in centers under
section 1712A of such title (commonly referred to as ``Vet
Centers''), Department of Veterans Affairs medical centers,
community-based outpatient clinics, or in such other
facilities of the Department of Veterans Affairs as the
Secretary considers necessary.
SEC. 302. PILOT PROGRAM ON PROVISION OF READJUSTMENT AND
TRANSITION ASSISTANCE TO VETERANS AND THEIR
FAMILIES IN COOPERATION WITH VET CENTERS.
(a) Pilot Program.--The Secretary of Veterans Affairs shall
carry out, through a non-Department of Veterans Affairs
entity, a pilot program to assess the feasability and
advisability of providing readjustment and transition
assistance described in subsection (b) to veterans and their
families in cooperation with centers under section 1712A of
title 38, United States Code (commonly referred to as ``Vet
Centers'').
(b) Readjustment and Transition Assistance.--Readjustment
and transition assistance described in this subsection is
assistance as follows:
(1) Readjustment and transition assistance that is
preemptive, proactive, and principle-centered.
(2) Assistance and training for veterans and their families
in coping with the challenges associated with making the
transition from military to civilian life.
(c) Non-Department of Veterans Affairs Entity.--
(1) In general.--The Secretary shall carry out the pilot
program through any for-profit or non-profit organization
selected by the Secretary for purposes of the pilot program
that has demonstrated expertise and experience in the
provision of assistance and training described in subsection
(b).
(2) Contract or agreement.--The Secretary shall carry out
the pilot program through a non-Department entity described
in paragraph (1) pursuant to a contract or other agreement
entered into by the Secretary and the entity for purposes of
the pilot program.
(d) Commencement of Pilot Program.--The pilot program shall
commence not later than 180 days after the date of the
enactment of this Act.
(e) Duration of Pilot Program.--The pilot program shall be
carried out during the three-year period beginning on the
date of the commencement of the pilot program, and may be
carried out for additional one-year periods thereafter.
(f) Location of Pilot Program.--
(1) In general.--The Secretary shall provide assistance
under the pilot program in cooperation with 10 centers
described in subsection (a) designated by the Secretary for
purposes of the pilot program.
(2) Designations.--In designating centers described in
subsection (a) for purposes of the pilot program, the
Secretary shall designate centers so as to provide a balanced
geographical representation of such centers throughout the
United States, including the District of Columbia, the
Commonwealth of Puerto Rico, tribal lands, and other
territories and possessions of the United States.
(g) Participation of Centers.--A center described in
subsection (a) that is designated under subsection (f) for
participation in the pilot program shall participate in the
pilot program by promoting awareness of the assistance and
training available to veterans and their families through--
(1) the facilities and other resources of such center;
(2) the non-Department of Veterans Affairs entity selected
pursuant to subsection (c); and
(3) other appropriate mechanisms.
(h) Additional Support.--In carrying out the pilot program,
the Secretary may enter into contracts or other agreements,
in addition to the contract or agreement described in
subsection (c), with such other non-Department of Veterans
Affairs entities meeting the requirements of subsection (c)
as the Secretary considers appropriate for purposes of the
pilot program.
(i) Report on Pilot Program.--
(1) Report required.--Not later than three years after the
date of the enactment of this Act, the Secretary shall submit
to the congressional veterans affairs committees a report on
the pilot program.
(2) Elements.--Each report under paragraph (1) shall
include the following:
(A) A description of the activities under the pilot program
as of the date of such report, including the number of
veterans and families provided assistance under the pilot
program and the scope and nature of the assistance so
provided.
(B) A current assessment of the effectiveness of the pilot
program.
(C) Any recommendations that the Secretary considers
appropriate for the extension or expansion of the pilot
program.
(3) Congressional veterans affairs committees defined.--In
this subsection, the term ``congressional veterans affairs
committees'' means--
(A) the Committees on Veterans' Affairs and Appropriations
of the Senate; and
(B) the Committees on Veterans' Affairs and Appropriations
of the House of Representatives.
(j) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated for
the Department of Veterans Affairs for each of fiscal years
2009 through 2011 $1,000,000 to carry out this section.
(2) Availability.--Amounts authorized to be appropriated by
paragraph (1) shall remain available until expended.
TITLE IV--HEALTH CARE MATTERS
SEC. 401. VETERANS BENEFICIARY TRAVEL PROGRAM.
(a) Repeal of Requirement To Adjust Amounts Deducted From
Payments or Allowances for Beneficiary Travel.--
(1) In general.--Section 111(c) is amended--
(A) by striking paragraph (5); and
(B) in paragraph (2), by striking ``, except as provided in
paragraph (5) of this subsection,''.
(2) Reinstatement of amount of deduction specified by
statute.--Notwithstanding any adjustment made by the
Secretary of Veterans Affairs under paragraph (5) of section
111(c) of title 38, United States Code, as such paragraph was
in effect before the date of the enactment of this Act, the
amount deducted under paragraph (1) of such section 111(c) on
or after such date shall be the amount specified in such
paragraph.
(b) Determination of Mileage Reimbursement Rate.--Section
111(g) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) Subject to paragraph (3), in determining the amount
of allowances or reimbursement to be paid under this section,
the Secretary shall use the mileage reimbursement rate for
the use of privately owned vehicles by Government employees
on official business (when a Government vehicle is
available), as prescribed by the Administrator of General
Services under section 5707(b) of title 5.'';
(2) by striking paragraphs (3) and (4); and
(3) by inserting after paragraph (2) the following new
paragraph (3):
``(3) Subject to the availability of appropriations, the
Secretary may modify the amount of allowances or
reimbursement to be paid under this section using a mileage
reimbursement rate in excess of that prescribed under
paragraph (1).''.
(c) Report.--Not later than 14 months after the date of the
enactment of this Act, the Secretary of Veterans Affairs
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report containing an estimate of the
additional costs incurred by the Department of Veterans
Affairs because of this section, including--
(1) any costs resulting from increased utilization of
healthcare services by veterans eligible for travel
allowances or reimbursements under section 111 of title 38,
United States Code; and
(2) the additional costs that would be incurred by the
Department should the Secretary exercise the authority
described in subsection (g)(3) of such section.
(d) Effective Date.--The amendments made by this section
shall apply with respect to travel expenses incurred after
the expiration of the 90-day period that begins on the date
of the enactment of this Act.
SEC. 402. MANDATORY REIMBURSEMENT OF VETERANS RECEIVING
EMERGENCY TREATMENT IN NON-DEPARTMENT OF
VETERANS AFFAIRS FACILITIES UNTIL TRANSFER TO
DEPARTMENT FACILITIES.
(a) Certain Veterans Without Service-Connected
Disability.--Section 1725 is amended--
(1) in subsection (a)(1), by striking ``may reimburse'' and
inserting ``shall reimburse''; and
[[Page 21105]]
(2) in subsection (f)(1), by striking subparagraph (C) and
inserting the following new subparagraph (C):
``(C) until--
``(i) such time as the veteran can be transferred safely to
a Department facility or other Federal facility and such
facility is capable of accepting such transfer; or
``(ii) such time as a Department facility or other Federal
facility accepts such transfer if--
``(I) at the time the veteran could have been transferred
safely to a Department facility or other Federal facility, no
Department facility or other Federal facility agreed to
accept such transfer; and
``(II) the non-Department facility in which such medical
care or services was furnished made and documented reasonable
attempts to transfer the veteran to a Department facility or
other Federal facility.''.
(b) Certain Veterans With Service-Connected Disability.--
Section 1728 is amended--
(1) by striking subsection (a) and inserting the following
new subsection (a):
``(a) The Secretary shall, under such regulations as the
Secretary prescribes, reimburse veterans eligible for
hospital care or medical services under this chapter for the
customary and usual charges of emergency treatment (including
travel and incidental expenses under the terms and conditions
set forth in section 111 of this title) for which such
veterans have made payment, from sources other than the
Department, where such emergency treatment was rendered to
such veterans in need thereof for any of the following:
``(1) An adjudicated service-connected disability.
``(2) A non-service-connected disability associated with
and held to be aggravating a service-connected disability.
``(3) Any disability of a veteran if the veteran has a
total disability permanent in nature from a service-connected
disability.
``(4) Any illness, injury, or dental condition of a veteran
who--
``(A) is a participant in a vocational rehabilitation
program (as defined in section 3101(9) of this title); and
``(B) is medically determined to have been in need of care
or treatment to make possible the veteran's entrance into a
course of training, or prevent interruption of a course of
training, or hasten the return to a course of training which
was interrupted because of such illness, injury, or dental
condition.'';
(2) in subsection (b), by striking ``care or services''
both places it appears and inserting ``emergency treatment'';
and
(3) by adding at the end the following new subsection:
``(c) In this section, the term `emergency treatment' has
the meaning given such term in section 1725(f)(1) of this
title.''.
SEC. 403. PILOT PROGRAM OF ENHANCED CONTRACT CARE AUTHORITY
FOR HEALTH CARE NEEDS OF VETERANS IN HIGHLY
RURAL AREAS.
(a) Pilot Program Required.--
(1) In general.--The Secretary of Veterans Affairs shall
conduct a pilot program under which the Secretary provides
covered health services to covered veterans through
qualifying non-Department of Veterans Affairs health care
providers.
(2) Commencement.--The Secretary shall commence the conduct
of the pilot program on the date that is 120 days after the
date of the enactment of this Act.
(3) Termination.--A veteran may receive health services
under the pilot program only during the three-year period
beginning on the date of the commencement of the pilot
program under paragraph (2).
(4) Program locations.--The pilot program shall be carried
out within areas selected by the Secretary for the purposes
of the pilot program in at least five Veterans Integrated
Service Networks (VISNs). Of the Veterans Integrated Service
Networks so selected--
(A) not less than four such networks shall include at least
three highly rural counties, as determined by the Secretary
upon consideration of the most recent decennial census;
(B) not less than one such network, not including a network
selected under subparagraph (A), shall include only one
highly rural county, as determined by the Secretary upon
consideration of the most recent decennial census;
(C) all such networks shall include area within the borders
of at least four States; and
(D) no such networks shall be participants in the
Healthcare Effectiveness through Resource Optimization pilot
program of the Department of Veterans Affairs.
(b) Covered Veterans.--
(1) In general.--For purposes of the pilot program under
this section, a covered veteran is any highly rural veteran
who is--
(A) enrolled in the system of patient enrollment
established under section 1705(a) of title 38, United States
Code, as of the date of the commencement of the pilot program
under subsection (a)(2); or
(B) eligible for health care under section 1710(e)(3)(C) of
title 38, United States Code.
(2) Highly rural veterans.--For purposes of this
subsection, a highly rural veteran is any veteran who--
(A) resides in a location that is--
(i) more than 60 miles driving distance from the nearest
Department health care facility providing primary care
services, if the veteran is seeking such services;
(ii) more than 120 miles driving distance from the nearest
Department health care facility providing acute hospital
care, if the veteran is seeking such care; or
(iii) more than 240 miles driving distance from the nearest
Department health care facility providing tertiary care, if
the veteran is seeking such care; or
(B) in the case of a veteran who resides in a location less
than the distance specified in clause (i), (ii), or (iii) of
subparagraph (A), as applicable, experiences such hardship or
other difficulties in travel to the nearest appropriate
Department health care facility that such travel is not in
the best interest of the veteran, as determined by the
Secretary pursuant to regulations prescribed for purposes of
this subsection.
(c) Covered Health Services.--For purposes of the pilot
program under this section, a covered health service with
respect to a covered veteran is any hospital care, medical
service, rehabilitative service, or preventative health
service that is authorized to be provided by the Secretary to
the veteran under chapter 17 of title 38, United States Code,
or any other provision of law.
(d) Qualifying Non-Department Health Care Providers.--For
purposes of the pilot program under this section, an entity
or individual is a qualifying non-Department health care
provider of a covered health service if the Secretary
determines that the entity or individual is qualified to
furnish such service to veterans under the pilot program.
(e) Election.--A covered veteran seeking to be provided
covered health services under the pilot program under this
section shall submit to the Secretary an application therefor
in such form, and containing such information as the
Secretary shall specify for purposes of the pilot program.
(f) Provision of Services Through Contract.--The Secretary
shall provide covered health services to veterans under the
pilot program under this section through contracts with
qualifying non-Department health care providers for the
provision of such services.
(g) Exchange of Medical Information.--In conducting the
pilot program under this section, the Secretary shall develop
and utilize a functional capability to provide for the
exchange of appropriate medical information between the
Department and non-Department health care providers providing
health services under the pilot program.
(h) Reports.--Not later than the 30 days after the end of
each year in which the pilot program under this section is
conducted, the Secretary shall submit to the Committee of
Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report
which includes--
(1) the assessment of the Secretary of the pilot program
during the preceding year, including its cost, volume,
quality, patient satisfaction, benefit to veterans, and such
other findings and conclusions with respect to pilot program
as the Secretary considers appropriate; and
(2) such recommendations as the Secretary considers
appropriate regarding--
(A) the continuation of the pilot program;
(B) extension of the pilot program to other or all Veterans
Integrated Service Networks of the Department;
(C) making the pilot program permanent.
SEC. 404. EPILEPSY CENTERS OF EXCELLENCE.
(a) In General.--Subchapter II of chapter 73 is amended by
adding at the end the following new section:
``Sec. 7330A. Epilepsy centers of excellence
``(a) Establishment of Centers.--(1) Not later than 120
days after the date of the enactment of the Veterans' Mental
Health and Other Care Improvements Act of 2008, the Secretary
shall designate at least four but not more than six
Department health care facilities as locations for epilepsy
centers of excellence for the Department.
``(2) Of the facilities designated under paragraph (1), not
less than two shall be centers designated under section 7327
of this title.
``(3) Of the facilities designated under paragraph (1), not
less than two shall be facilities that are not centers
designated under section 7327 of this title.
``(4) Subject to the availability of appropriations for
such purpose, the Secretary shall establish and operate an
epilepsy center of excellence at each location designated
under paragraph (1).
``(b) Designation of Facilities.--(1) In designating
locations for epilepsy centers of excellence under subsection
(a), the Secretary shall solicit proposals from Department
health care facilities seeking designation as a location for
an epilepsy center of excellence.
``(2) The Secretary may not designate a facility as a
location for an epilepsy center of excellence under
subsection (a) unless the peer review panel established under
subsection (c) has determined under that subsection that the
proposal submitted by such facility seeking designation as a
location for an epilepsy center of excellence is among those
proposals that meet the highest competitive standards of
scientific and clinical merit.
``(3) In choosing from among the facilities meeting the
requirements of paragraph (2),
[[Page 21106]]
the Secretary shall also consider appropriate geographic
distribution when designating the epilepsy centers of
excellence under subsection (a).
``(c) Peer Review Panel.--(1) The Under Secretary for
Health shall establish a peer review panel to assess the
scientific and clinical merit of proposals that are submitted
to the Secretary for the designation of epilepsy centers of
excellence under this section.
``(2)(A) The membership of the peer review panel shall
consist of experts on epilepsy, including post-traumatic
epilepsy.
``(B) Members of the peer review panel shall serve for a
period of no longer than two years, except as specified in
subparagraph (C).
``(C) Of the members first appointed to the panel, one half
shall be appointed for a period of three years and one half
shall be appointed for a period of two years, as designated
by the Under Secretary at the time of appointment.
``(3) The peer review panel shall review each proposal
submitted to the panel by the Under Secretary for Health and
shall submit its views on the relative scientific and
clinical merit of each such proposal to the Under Secretary.
``(4) The peer review panel shall, in conjunction with the
national coordinator designated under subsection (e), conduct
regular evaluations of each epilepsy center of excellence
established and operated under subsection (a) to ensure
compliance with the requirements of this section.
``(5) The peer review panel shall not be subject to the
Federal Advisory Committee Act.
``(d) Epilepsy Center of Excellence Defined.--In this
section, the term `epilepsy center of excellence' means a
health care facility that has (or in the foreseeable future
can develop) the necessary capacity to function as a center
of excellence in research, education, and clinical care
activities in the diagnosis and treatment of epilepsy and has
(or may reasonably be anticipated to develop) each of the
following:
``(1) An affiliation with an accredited medical school that
provides education and training in neurology, including an
arrangement with such school under which medical residents
receive education and training in the diagnosis and treatment
of epilepsy (including neurosurgery).
``(2) The ability to attract the participation of
scientists who are capable of ingenuity and creativity in
health care research efforts.
``(3) An advisory committee composed of veterans and
appropriate health care and research representatives of the
facility and of the affiliated school or schools to advise
the directors of such facility and such center on policy
matters pertaining to the activities of the center during the
period of the operation of such center.
``(4) The capability to conduct effectively evaluations of
the activities of such center.
``(5) The capability to assist in the expansion of the
Department's use of information systems and databases to
improve the quality and delivery of care for veterans
enrolled within the Department's health care system.
``(6) The capability to assist in the expansion of the
Department telehealth program to develop, transmit, monitor,
and review neurological diagnostic tests.
``(7) The ability to perform epilepsy research, education,
and clinical care activities in collaboration with Department
medical facilities that have centers for research, education,
and clinical care activities on complex multi-trauma
associated with combat injuries established under section
7327 of this title.
``(e) National Coordinator for Epilepsy Programs.--(1) To
assist the Secretary and the Under Secretary for Health in
carrying out this section, the Secretary shall designate an
individual in the Veterans Health Administration to act as a
national coordinator for epilepsy programs of the Veterans
Health Administration.
``(2) The duties of the national coordinator for epilepsy
programs shall include the following:
``(A) To supervise the operation of the centers established
pursuant to this section.
``(B) To coordinate and support the national consortium of
providers with interest in treating epilepsy at Department
health care facilities lacking such centers in order to
ensure better access to state-of-the-art diagnosis, research,
clinical care, and education for traumatic brain injury and
epilepsy throughout the health care system of the Department.
``(C) To conduct, in conjunction with the peer review panel
established under subsection (c), regular evaluations of the
epilepsy centers of excellence to ensure compliance with the
requirements of this section.
``(D) To coordinate (as part of an integrated national
system) education, clinical care, and research activities
within all facilities with an epilepsy center of excellence.
``(E) To develop jointly a national consortium of providers
with interest in treating epilepsy at Department health care
facilities lacking an epilepsy center of excellence in order
to ensure better access to state-of-the-art diagnosis,
research, clinical care, and education for traumatic brain
injury and epilepsy throughout the health care system of the
Department. Such consortium should include a designated
epilepsy referral clinic in each Veterans Integrated Service
Network.
``(3) In carrying out duties under this subsection, the
national coordinator for epilepsy programs shall report to
the official of the Veterans Health Administration
responsible for neurology.
``(f) Authorization of Appropriations.--(1) There are
authorized to be appropriated $6,000,000 for each of fiscal
years 2009 through 2013 for the support of the clinical care,
research, and education activities of the epilepsy centers of
excellence established and operated pursuant to subsection
(a)(2).
``(2) There are authorized to be appropriated for each
fiscal year after fiscal year 2013 such sums as may be
necessary for the support of the clinical care, research, and
education activities of the epilepsy centers of excellence
established and operated pursuant to subsection (a)(2).
``(3) The Secretary shall ensure that funds for such
centers are designated for the first three years of operation
as a special purpose program for which funds are not
allocated through the Veterans Equitable Resource Allocation
system.
``(4) In addition to amounts authorized to be appropriated
under paragraphs (1) and (2) for a fiscal year, the Under
Secretary for Health shall allocate to such centers from
other funds appropriated generally for the Department medical
services account and medical and prosthetics research
account, as appropriate, such amounts as the Under Secretary
for Health determines appropriate.
``(5) In addition to amounts authorized to be appropriated
under paragraphs (1) and (2) for a fiscal year, there are
authorized to be appropriated such sums as may be necessary
to fund the national coordinator established by subsection
(e).''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 73 is amended by inserting after the
item relating to section 7330 the following new item:
``7330A. Epilepsy centers of excellence.''.
SEC. 405. ESTABLISHMENT OF QUALIFICATIONS FOR PEER SPECIALIST
APPOINTEES.
(a) In General.--Section 7402(b) is amended--
(1) by redesignating the paragraph (11) relating to other
health care positions as paragraph (14); and
(2) by inserting after paragraph (12) the following new
paragraph (13):
``(13) Peer Specialist.--To be eligible to be appointed to
a peer specialist position, a person must--
``(A) be a veteran who has recovered or is recovering from
a mental health condition; and
``(B) be certified by--
``(i) a not-for-profit entity engaged in peer specialist
training as having met such criteria as the Secretary shall
establish for a peer specialist position; or
``(ii) a State as having satisfied relevant State
requirements for a peer specialist position.''.
(b) Peer Specialist Training.--Section 7402 is amended by
adding at the end the following new subsection:
``(g) The Secretary may enter into contracts with not-for-
profit entities to provide--
``(1) peer specialist training to veterans; and
``(2) certification for veterans under subsection
(b)(13)(B)(i).''.
SEC. 406. ESTABLISHMENT OF CONSOLIDATED PATIENT ACCOUNTING
CENTERS.
(a) Establishment of Centers.--Chapter 17 is amended by
inserting after section 1729A the following new section:
``Sec. 1729B. Consolidated patient accounting centers
``(a) In General.--Not later than five years after the date
of the enactment of this section, the Secretary of Veterans
Affairs shall establish not more than seven consolidated
patient accounting centers for conducting industry-modeled
regionalized billing and collection activities of the
Department.
``(b) Functions.--The centers shall carry out the following
functions:
``(1) Reengineer and integrate all business processes of
the revenue cycle of the Department.
``(2) Standardize and coordinate all activities of the
Department related to the revenue cycle for all health care
services furnished to veterans for non-service-connected
medical conditions.
``(3) Apply commercial industry standards for measures of
access, timeliness, and performance metrics with respect to
revenue enhancement of the Department.
``(4) Apply other requirements with respect to such revenue
cycle improvement as the Secretary may specify.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1729A the following:
``1729B. Consolidated patient accounting centers.''.
SEC. 407. REPEAL OF LIMITATION ON AUTHORITY TO CONDUCT
WIDESPREAD HIV TESTING PROGRAM.
Section 124 of the Veterans' Benefits and Services Act of
1988 (title I of Public Law 100-322, as amended; 38 U.S.C.
7333 note) is repealed.
[[Page 21107]]
SEC. 408. PROVISION OF COMPREHENSIVE HEALTH CARE BY SECRETARY
OF VETERANS AFFAIRS TO CHILDREN OF VIETNAM
VETERANS BORN WITH SPINA BIFIDA.
(a) Provision of Comprehensive Health Care.--Section
1803(a) is amended by striking ``such health care as the
Secretary determines is needed by the child for the spina
bifida or any disability that is associated with such
condition'' and inserting ``health care under this section''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to care furnished after the date of
the enactment of this Act.
SEC. 409. EXEMPTION FROM COPAYMENT REQUIREMENT FOR VETERANS
RECEIVING HOSPICE CARE.
Section 1710 is amended--
(1) in subsection (f)(1), by inserting ``(except if such
care constitutes hospice care)'' after ``nursing home care'';
and
(2) in subsection (g)(1), by inserting ``(except if such
care constitutes hospice care)'' after ``medical services''.
TITLE V--PAIN CARE
SEC. 501. COMPREHENSIVE POLICY ON PAIN MANAGEMENT.
(a) Comprehensive Policy Required.--Not later than October
1, 2009, the Secretary of Veterans Affairs shall develop and
implement a comprehensive policy on the management of pain
experienced by veterans enrolled for health care services
provided by the Department of Veterans Affairs.
(b) Scope of Policy.--The policy required by subsection (a)
shall cover each of the following:
(1) The Department-wide management of acute and chronic
pain experienced by veterans.
(2) The standard of care for pain management to be used
throughout the Department.
(3) The consistent application of pain assessments to be
used throughout the Department.
(4) The assurance of prompt and appropriate pain care
treatment and management by the Department, system-wide, when
medically necessary.
(5) Department programs of research related to acute and
chronic pain suffered by veterans, including pain
attributable to central and peripheral nervous system damage
characteristic of injuries incurred in modern warfare.
(6) Department programs of pain care education and training
for health care personnel of the Department.
(7) Department programs of patient education for veterans
suffering from acute or chronic pain and their families.
(c) Updates.--The Secretary shall revise the policy
required by subsection (a) on a periodic basis in accordance
with experience and evolving best practice guidelines.
(d) Consultation.--The Secretary shall develop the policy
required by subsection (a), and revise such policy under
subsection (c), in consultation with veterans service
organizations and organizations with expertise in the
assessment, diagnosis, treatment, and management of pain.
(e) Annual Report.--
(1) In general.--Not later than 180 days after the date of
the completion and initial implementation of the policy
required by subsection (a) and on October 1 of every fiscal
year thereafter through fiscal year 2018, the Secretary shall
submit to the Committee on Veterans' Affairs of the Senate
and the Committee on Veterans' Affairs of the House of
Representatives a report on the implementation of the policy
required by subsection (a).
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) A description of the policy developed and implemented
under subsection (a) and any revisions to such policy under
subsection (c).
(B) A description of the performance measures used to
determine the effectiveness of such policy in improving pain
care for veterans system-wide.
(C) An assessment of the adequacy of Department pain
management services based on a survey of patients managed in
Department clinics.
(D) An assessment of the research projects of the
Department relevant to the treatment of the types of acute
and chronic pain suffered by veterans.
(E) An assessment of the training provided to Department
health care personnel with respect to the diagnosis,
treatment, and management of acute and chronic pain.
(F) An assessment of the patient pain care education
programs of the Department.
(f) Veterans Service Organization Defined.--In this
section, the term ``veterans service organization'' means any
organization recognized by the Secretary for the
representation of veterans under section 5902 of title 38,
United States Code.
TITLE VI--HOMELESS VETERANS MATTERS
SEC. 601. INCREASED AUTHORIZATION OF APPROPRIATIONS FOR
COMPREHENSIVE SERVICE PROGRAMS.
Section 2013 is amended by striking ``$130,000,000'' and
inserting ``$150,000,000''.
SEC. 602. EXPANSION AND EXTENSION OF AUTHORITY FOR PROGRAM OF
REFERRAL AND COUNSELING SERVICES FOR AT-RISK
VETERANS TRANSITIONING FROM CERTAIN
INSTITUTIONS.
(a) Program Authority.--Subsection (a) of section 2023 is
amended by striking ``a demonstration program for the purpose
of determining the costs and benefits of providing'' and
inserting ``a program of''.
(b) Scope of Program.--Subsection (b) of such section is
amended--
(1) by striking ``Demonstration'' in the subsection
heading;
(2) by striking ``demonstration''; and
(3) by striking ``in at least six locations'' and inserting
``in at least 12 locations''.
(c) Extension of Authority.--Subsection (d) of such section
is amended by striking ``shall cease'' and all that follows
and inserting ``shall cease on September 30, 2012.''.
(d) Conforming Amendments.--
(1) Subsection (c)(1) of such section is amended by
striking ``demonstration''.
(2) The heading of such section is amended to read as
follows:
``Sec. 2023. Referral and counseling services: veterans at
risk of homelessness who are transitioning from certain
institutions''.
(3) Section 2022(f)(2)(C) of such title is amended by
striking ``demonstration''.
(e) Clerical Amendment.--The table of sections at the
beginning of chapter 20 is amended by striking the item
relating to section 2023 and inserting the following:
``2023. Referral and counseling services: veterans at risk of
homelessness who are transitioning from certain
institutions.''.
SEC. 603. PERMANENT AUTHORITY FOR DOMICILIARY SERVICES FOR
HOMELESS VETERANS AND ENHANCEMENT OF CAPACITY
OF DOMICILIARY CARE PROGRAMS FOR FEMALE
VETERANS.
Subsection (b) of section 2043 is amended to read as
follows:
``(b) Enhancement of Capacity of Domiciliary Care Programs
for Female Veterans.--The Secretary shall take appropriate
actions to ensure that the domiciliary care programs of the
Department are adequate, with respect to capacity and with
respect to safety, to meet the needs of veterans who are
women.''.
SEC. 604. FINANCIAL ASSISTANCE FOR SUPPORTIVE SERVICES FOR
VERY LOW-INCOME VETERAN FAMILIES IN PERMANENT
HOUSING.
(a) Purpose.--The purpose of this section is to facilitate
the provision of supportive services for very low-income
veteran families in permanent housing.
(b) Financial Assistance.--
(1) In general.--Subchapter V of chapter 20 is amended by
adding at the end the following new section:
``Sec. 2044. Financial assistance for supportive services for
very low-income veteran families in permanent housing
``(a) Distribution of Financial Assistance.--(1) The
Secretary shall provide financial assistance to eligible
entities approved under this section to provide and
coordinate the provision of supportive services described in
subsection (b) for very low-income veteran families occupying
permanent housing.
``(2) Financial assistance under this section shall consist
of grants for each such family for which an approved eligible
entity is providing or coordinating the provision of
supportive services.
``(3)(A) The Secretary shall provide such grants to each
eligible entity that is providing or coordinating the
provision of supportive services.
``(B) The Secretary is authorized to establish intervals of
payment for the administration of such grants and establish a
maximum amount to be awarded, in accordance with the services
being provided and their duration.
``(4) In providing financial assistance under paragraph
(1), the Secretary shall give preference to entities
providing or coordinating the provision of supportive
services for very low-income veteran families who are
transitioning from homelessness to permanent housing.
``(5) The Secretary shall ensure that, to the extent
practicable, financial assistance under this subsection is
equitably distributed across geographic regions, including
rural communities and tribal lands.
``(6) Each entity receiving financial assistance under this
section to provide supportive services to a very low-income
veteran family shall notify that family that such services
are being paid for, in whole or in part, by the Department.
``(7) The Secretary may require entities receiving
financial assistance under this section to submit a report to
the Secretary that describes the projects carried out with
such financial assistance.
``(b) Supportive Services.--The supportive services
referred to in subsection (a) are the following:
``(1) Services provided by an eligible entity or a
subcontractor of an eligible entity that address the needs of
very low-income veteran families occupying permanent housing,
including--
``(A) outreach services;
[[Page 21108]]
``(B) case management services;
``(C) assistance in obtaining any benefits from the
Department which the veteran may be eligible to receive,
including, but not limited to, vocational and rehabilitation
counseling, employment and training service, educational
assistance, and health care services; and
``(D) assistance in obtaining and coordinating the
provision of other public benefits provided in federal,
State, or local agencies, or any organization defined in
subsection (f), including--
``(i) health care services (including obtaining health
insurance);
``(ii) daily living services;
``(iii) personal financial planning;
``(iv) transportation services;
``(v) income support services;
``(vi) fiduciary and representative payee services;
``(vii) legal services to assist the veteran family with
issues that interfere with the family's ability to obtain or
retain housing or supportive services;
``(viii) child care;
``(ix) housing counseling; and
``(x) other services necessary for maintaining independent
living.
``(2) Services described in paragraph (1) that are
delivered to very low-income veteran families who are
homeless and who are scheduled to become residents of
permanent housing within 90 days pending the location or
development of housing suitable for permanent housing.
``(3) Services described in paragraph (1) for very low-
income veteran families who have voluntarily chosen to seek
other housing after a period of tenancy in permanent housing,
that are provided, for a period of 90 days after such
families exit permanent housing or until such families
commence receipt of other housing services adequate to meet
their current needs, but only to the extent that services
under this paragraph are designed to support such families in
their choice to transition into housing that is responsive to
their individual needs and preferences.
``(c) Application for Financial Assistance.--(1) An
eligible entity seeking financial assistance under subsection
(a) shall submit to the Secretary an application therefor in
such form, in such manner, and containing such commitments
and information as the Secretary determines to be necessary
to carry out this section.
``(2) Each application submitted by an eligible entity
under paragraph (1) shall contain--
``(A) a description of the supportive services proposed to
be provided by the eligible entity and the identified needs
for those services;
``(B) a description of the types of very low-income veteran
families proposed to be provided such services;
``(C) an estimate of the number of very low-income veteran
families proposed to be provided such services;
``(D) evidence of the experience of the eligible entity in
providing supportive services to very low-income veteran
families; and
``(E) a description of the managerial capacity of the
eligible entity--
``(i) to coordinate the provision of supportive services
with the provision of permanent housing by the eligible
entity or by other organizations;
``(ii) to assess continuously the needs of very low-income
veteran families for supportive services;
``(iii) to coordinate the provision of supportive services
with the services of the Department;
``(iv) to tailor supportive services to the needs of very
low-income veteran families; and
``(v) to seek continuously new sources of assistance to
ensure the long-term provision of supportive services to very
low-income veteran families.
``(3) The Secretary shall establish criteria for the
selection of eligible entities to be provided financial
assistance under this section.
``(d) Technical Assistance.--(1) The Secretary shall
provide training and technical assistance to participating
eligible entities regarding the planning, development, and
provision of supportive services to very low-income veteran
families occupying permanent housing, through the Technical
Assistance grants program in section 2064 of this title.
``(2) The Secretary may provide the training described in
paragraph (1) directly or through grants or contracts with
appropriate public or nonprofit private entities.
``(e) Funding.--(1) From amounts appropriated to the
Department for Medical Services, there shall be available to
carry out subsection (a), (b), and (c) amounts as follows:
``(A) $15,000,000 for fiscal year 2009.
``(B) $20,000,000 for fiscal year 2010.
``(C) $25,000,000 for fiscal year 2011.
``(2) Not more than $750,000 may be available under
paragraph (1) in any fiscal year to provide technical
assistance under subsection (d).
``(3) There is authorized to be appropriated $1,000,000 for
each of the fiscal year 2009 through 2011 to carry out the
provisions of subsection (d).
``(f) Definitions.--In this section:
``(1) The term `consumer cooperative' has the meaning given
such term in section 202 of the Housing Act of 1959 (12
U.S.C. 1701q).
``(2) The term `eligible entity' means--
``(A) a private nonprofit organization; or
``(B) a consumer cooperative.
``(3) The term `homeless' has the meaning given that term
in section 103 of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11302).
``(4) The term `permanent housing' means community-based
housing without a designated length of stay.
``(5) The term `private nonprofit organization' means any
of the following:
``(A) Any incorporated private institution or foundation--
``(i) no part of the net earnings of which inures to the
benefit of any member, founder, contributor, or individual;
``(ii) which has a governing board that is responsible for
the operation of the supportive services provided under this
section; and
``(iii) which is approved by the Secretary as to financial
responsibility.
``(B) A for-profit limited partnership, the sole general
partner of which is an organization meeting the requirements
of clauses (i), (ii), and (iii) of subparagraph (A).
``(C) A corporation wholly owned and controlled by an
organization meeting the requirements of clauses (i), (ii),
and (iii) of subparagraph (A).
``(D) A tribally designated housing entity (as defined in
section 4 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4103)).
``(6)(A) Subject to subparagraphs (B) and (C), the term
`very low-income veteran family' means a veteran family whose
income does not exceed 50 percent of the median income for an
area specified by the Secretary for purposes of this section,
as determined by the Secretary in accordance with this
paragraph.
``(B) The Secretary shall make appropriate adjustments to
the income requirement under subparagraph (A) based on family
size.
``(C) The Secretary may establish an income ceiling higher
or lower than 50 percent of the median income for an area if
the Secretary determines that such variations are necessary
because the area has unusually high or low construction
costs, fair market rents (as determined under section 8 of
the United States Housing Act of 1937 (42 U.S.C. 1437f)), or
family incomes.
``(7) The term `veteran family' includes a veteran who is a
single person and a family in which the head of household or
the spouse of the head of household is a veteran.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 20 is amended by inserting after the
item relating to section 2043 the following new item:
``2044. Financial assistance for supportive services for very low-
income veteran families in permanent housing.''.
(c) Study of Effectiveness of Permanent Housing Program.--
(1) In general.--For fiscal years 2009 and 2010, the
Secretary shall conduct a study of the effectiveness of the
permanent housing program under section 2044 of title 38,
United States Code, as added by subsection (b), in meeting
the needs of very low-income veteran families, as that term
is defined in that section.
(2) Comparison.--In the study required by paragraph (1),
the Secretary shall compare the results of the program
referred to in that subsection with other programs of the
Department of Veterans Affairs dedicated to the delivery of
housing and services to veterans.
(3) Criteria.--In making the comparison required in
paragraph (2), the Secretary shall examine the following:
(A) The satisfaction of veterans targeted by the programs
described in paragraph (2).
(B) The health status of such veterans.
(C) The housing provided such veterans under such programs.
(D) The degree to which such veterans are encouraged to
productive activity by such programs.
(4) Report.--Not later than March 31, 2011, the Secretary
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the results of the study required
by paragraph (1).
TITLE VII--AUTHORIZATION OF MEDICAL FACILITY PROJECTS AND MAJOR MEDICAL
FACILITY LEASES
SEC. 701. AUTHORIZATION FOR FISCAL YEAR 2009 MAJOR MEDICAL
FACILITY PROJECTS.
The Secretary of Veterans Affairs may carry out the
following major medical facility projects in fiscal year 2009
in the amount specified for each project:
(1) Seismic corrections, Building 2, at the Department of
Veterans Affairs Palo Alto Health Care System, Palo Alto
Division Palo Alto, California, in an amount not to exceed
$54,000,000.
(2) Construction of a polytrauma healthcare and
rehabilitation center at the Department of Veterans Affairs
Medical Center, San Antonio, Texas, in an amount not to
exceed $66,000,000.
[[Page 21109]]
(3) Seismic corrections, Building 1, at the Department of
Veterans Affairs Medical Center, San Juan, Puerto Rico, in an
amount not to exceed $225,900,000.
SEC. 702. MODIFICATION OF AUTHORIZATION AMOUNTS FOR CERTAIN
MAJOR MEDICAL FACILITY CONSTRUCTION PROJECTS
PREVIOUSLY AUTHORIZED.
(a) Modification of Major Medical Facility
Authorizations.--Section 801(a) of the Veterans Benefits,
Health Care, and Information Technology Act of 2006 (Public
Law 109-461) is amended--
(1) in paragraph (1)--
(A) by striking ``$300,000,000'' and inserting
``$625,000,000''; and
(B) by striking the second sentence; and
(2) in paragraph (3), by striking ``$98,000,000'' and
inserting ``$568,400,000''.
(b) Modification of Authorization for Certain Major Medical
Facility Construction Projects Previously Authorized in
Connection With Capital Asset Realignment Initiative.--
(1) Correction of patient privacy deficiencies at the
department of veterans affairs medical center, gainesville,
florida.--Paragraph (5) of section 802 of the Veterans
Benefits, Health Care, and Information Technology Act of 2006
(Public Law 109-461) is amended by striking ``$85,200,000''
and inserting ``$136,700,000''.
(2) Construction of a new medical center facility at the
department of veterans affairs medical center, las vegas,
nevada.--Paragraph (7) of such section is amended by striking
``$406,000,000'' and inserting ``$600,400,000''.
(3) Construction of a new outpatient clinic, lee county,
florida.--Paragraph (8) of such section is amended--
(A) by striking ``ambulatory'' and all that follows through
``purchase,'' and inserting ``outpatient clinic in''; and
(B) by striking ``$65,100,000'' and inserting
``$131,800,000''.
(4) Construction of a new medical center facility, orlando,
florida.--Paragraph (11) of such section is amended by
striking ``$377,700,000'' and inserting ``$656,800,000''.
(5) Consolidation of campuses at the university drive and
h. john heinz iii divisions, pittsburgh, pennsylvania.--
Paragraph (12) of such section is amended by striking
``$189,205,000'' and inserting ``$295,600,000''.
SEC. 703. AUTHORIZATION OF FISCAL YEAR 2009 MAJOR MEDICAL
FACILITY LEASES.
The Secretary of Veterans Affairs may carry out the
following major medical facility leases in fiscal year 2009
at the locations specified, and in an amount for each lease
not to exceed the amount shown for such location:
(1) For an outpatient clinic, Brandon, Florida, $4,326,000.
(2) For an outpatient clinic, Colorado Springs, Colorado,
$10,300,000.
(3) For an outpatient clinic, Eugene, Oregon, $5,826,000.
(4) For the expansion of an outpatient clinic, Green Bay,
Wisconsin, $5,891,000.
(5) For an outpatient clinic, Greenville, South Carolina,
$3,731,000.
(6) For an outpatient clinic, Mansfield, Ohio, $2,212,000.
(7) For an outpatient clinic, Mayaguez, Puerto Rico,
$6,276,000.
(8) For an outpatient clinic, Mesa, Arizona, $5,106,000.
(9) For interim research space, Palo Alto, California,
$8,636,000.
(10) For the expansion of an outpatient clinic, Savannah,
Georgia, $3,168,000.
(11) For an outpatient clinic, Sun City, Arizona,
$2,295,000.
(12) For a primary care annex, Tampa, Florida, $8,652,000.
(13) For an outpatient clinic, Peoria, Illinois,
$3,600,000.
SEC. 704. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations for Fiscal Year 2009
Major Medical Facility Projects.--There is authorized to be
appropriated for the Secretary of Veterans Affairs for fiscal
year 2009 for the Construction, Major Projects, account--
(1) $345,900,000 for the projects authorized in section
701; and
(2) $1,493,495,000 for the increased amounts authorized for
projects whose authorizations are modified by section 702.
(b) Authorization For Appropriations For Fiscal Year 2009
Major Medical Facility Leases.--There is authorized to be
appropriated for the Secretary of Veterans Affairs for fiscal
year 2009 for the Medical Facilities account, $70,019,000,
for the leases authorized in section 703.
SEC. 705. INCREASE IN THRESHOLD FOR MAJOR MEDICAL FACILITY
LEASES REQUIRING CONGRESSIONAL APPROVAL.
Section 8104(a)(3)(B) is amended by striking ``$600,000''
and inserting ``$1,000,000''.
SEC. 706. CONVEYANCE OF CERTAIN NON-FEDERAL LAND BY CITY OF
AURORA, COLORADO, TO SECRETARY OF VETERANS
AFFAIRS FOR CONSTRUCTION OF VETERANS MEDICAL
FACILITY.
Section 410 of title IV of division I of the Consolidated
Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 2276)
is amended to read as follows:
``SEC. 410. CONVEYANCE OF CERTAIN NON-FEDERAL LAND.
``(a) Definitions.--In this section:
``(1) City.--The term `City' means the City of Aurora,
Colorado.
``(2) Deed.--The term `deed' means the quitclaim deed--
``(A) conveyed to the City by the Secretary (acting through
the Director of the National Park Service); and
``(B) dated May 24, 1999.
``(3) Non-federal land.--The term `non-Federal land'
means--
``(A) parcel I of the former United States Army Garrison
Fitzsimons, Adams County, Colorado, as more specifically
described in the deed; and
``(B) the parcel of land described in the deed.
``(4) Secretary.--The term `Secretary' means the Secretary
of the Interior.
``(b) Duty of Secretary.--To allow the City to convey by
donation to the United States the non-Federal land to be used
by the Secretary of Veterans Affairs for the construction of
a veterans medical facility, not later than 60 days after the
date of enactment of this section, the Secretary shall
execute each instrument that is necessary to release all
rights, conditions, and restrictions retained by the United
States in and to the non-Federal land conveyed in the
deed.''.
SEC. 707. REPORT ON FACILITIES ADMINISTRATION.
Not later than 60 days after the date of the enactment of
this Act, the Secretary of Veterans Affairs shall submit to
the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives a report on the progress of the Secretary in
complying with section 312A of title 38, United States Code.
SEC. 708. ANNUAL REPORT ON OUTPATIENT CLINICS.
(a) Annual Report Required.--Subchapter I of chapter 81 is
amended by adding at the end the following new section:
``Sec. 8119. Annual report on outpatient clinics
``(a) Annual Report Required.--The Secretary shall submit
to the committees an annual report on community-based
outpatient clinics and other outpatient clinics of the
Department. The report shall be submitted each year not later
than the date on which the budget for the next fiscal year is
submitted to the Congress under section 1105 of title 31.
``(b) Contents of Report.--Each report required under
subsection (a) shall include the following:
``(1) A list of each community-based outpatient clinic and
other outpatient clinic of the Department, and for each such
clinic, the type of clinic, location, size, number of health
professionals employed by the clinic, workload, whether the
clinic is leased or constructed and operated by the
Secretary, and the annual cost of operating the clinic.
``(2) A list of community-based outpatient clinics and
other outpatient clinics that the Secretary opened during the
fiscal year preceding the fiscal year during which the report
is submitted and a list of clinics the Secretary proposes
opening during the fiscal year during which the report is
submitted and the subsequent fiscal year, together with the
cost of activating each such clinic and the information
required to be provided under paragraph (1) for each such
clinic and proposed clinic.
``(3) A list of proposed community-based outpatient clinics
and other outpatient clinics that are, as of the date of the
submission of the report, under review by the National Review
Panel and a list of possible locations for future clinics
identified in the Department's strategic planning process,
including any identified locations in rural and underserved
areas.
``(4) A prioritized list of sites of care identified by the
Secretary that the Secretary could establish without carrying
out construction or entering into a lease, including--
``(A) any such sites that could be expanded by hiring
additional staff or allocating staff to Federal facilities or
facilities operating in collaboration with the Federal
Government; and
``(B) any sites established, or able to be established,
under sections 8111 and 8153 of this title.''.
(b) Deadline for First Annual Report.--The Secretary of
Veterans Affairs shall submit the first report required under
section 8119(a) of title 38, United States Code, as added by
subsection (a), by not later than 90 days after the date of
the enactment of this Act.
(c) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end of
the items relating to subchapter I the following new item:
``8119. Annual report on outpatient clinics.''.
SEC. 709. NAME OF DEPARTMENT OF VETERANS AFFAIRS SPINAL CORD
INJURY CENTER, TAMPA, FLORIDA.
The spinal cord injury center located at the James A. Haley
Department of Veterans Affairs Medical Center in Tampa,
Florida, shall after the date of the enactment of this Act be
known and designated as the ``Michael Bilirakis Department of
Veterans Affairs Spinal Cord Injury Center''. Any reference
to such center in any law, regulation,
[[Page 21110]]
map, document, record, or other paper of the United States
shall be considered to be a reference to the ``Michael
Bilirakis Department of Veterans Affairs Spinal Cord Injury
Center''.
TITLE VIII--EXTENSION OF CERTAIN AUTHORITIES
SEC. 801. REPEAL OF SUNSET ON INCLUSION OF NONINSTITUTIONAL
EXTENDED CARE SERVICES IN DEFINITION OF MEDICAL
SERVICES.
Section 1701 is amended--
(1) by striking paragraph (10); and
(2) in paragraph (6)--
(A) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively; and
(B) by inserting after subparagraph (D) the following new
subparagraph (E):
``(E) Noninstitutional extended care services, including
alternatives to institutional extended care that the
Secretary may furnish directly, by contract, or through
provision of case management by another provider or payer.''.
SEC. 802. EXTENSION OF RECOVERY AUDIT AUTHORITY.
Section 1703(d)(4) is amended by striking ``September 30,
2008'' and inserting ``September 30, 2013''.
SEC. 803. PERMANENT AUTHORITY FOR PROVISION OF HOSPITAL CARE,
MEDICAL SERVICES, AND NURSING HOME CARE TO
VETERANS WHO PARTICIPATED IN CERTAIN CHEMICAL
AND BIOLOGICAL TESTING CONDUCTED BY THE
DEPARTMENT OF DEFENSE.
(a) Permanent Authority.--Subsection (e)(3) of section 1710
is amended--
(1) in subparagraph (B), by inserting ``and'' after the
semicolon;
(2) in subparagraph (C), by striking ``; and'' and
inserting a period; and
(3) by striking subparagraph (D).
(b) Conforming Amendment.--Subsection (e)(1)(E) of such
section is amended by striking ``paragraphs (2) and (3)'' and
inserting ``paragraph (2)''.
SEC. 804. EXTENSION OF EXPIRING COLLECTIONS AUTHORITIES.
(a) Health Care Copayments.--Section 1710(f)(2)(B) is
amended by striking ``September 30, 2008'' and inserting
``September 30, 2010''.
(b) Medical Care Cost Recovery.--Section 1729(a)(2)(E) is
amended by striking ``October 1, 2008'' and inserting
``October 1, 2010''.
SEC. 805. EXTENSION OF NURSING HOME CARE.
Section 1710A(d) is amended by striking ``December 31,
2008'' and inserting ``December 31, 2013''.
SEC. 806. PERMANENT AUTHORITY TO ESTABLISH RESEARCH
CORPORATIONS.
(a) Repeal.--Chapter 73 is amended by striking section
7368.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by striking the item
relating to section 7368.
SEC. 807. EXTENSION OF REQUIREMENT TO SUBMIT ANNUAL REPORT ON
THE COMMITTEE ON CARE OF SEVERELY CHRONICALLY
MENTALLY ILL VETERANS.
Section 7321(d)(2) is amended by striking ``through 2008''
and inserting ``through 2012''.
SEC. 808. PERMANENT REQUIREMENT FOR BIANNUAL REPORT ON
WOMEN'S ADVISORY COMMITTEE.
Section 542(c)(1) is amended by striking ``through 2008''.
SEC. 809. EXTENSION OF PILOT PROGRAM ON IMPROVEMENT OF
CAREGIVER ASSISTANCE SERVICES.
Section 214 of the Veterans Benefits, Health Care, and
Information Technology Act of 2006 (Public Law 109-461; 38
U.S.C. 1710B note) is amended--
(1) in subsection (b), by striking ``two-year period'' and
inserting ``three-year period''; and
(2) in subsection (d), by striking ``fiscal years 2007 and
2008'' and inserting ``fiscal years 2007 through 2009''.
TITLE IX--OTHER MATTERS
SEC. 901. TECHNICAL AMENDMENTS.
(a) Title 38.--Title 38, United States Code, is amended--
(1) in section 1712A--
(A) by striking subsection (g);
(B) by redesignating subsections (d) through (i) as
subsections (c) through (f), respectively; and
(C) in subsection (f), as so redesignated, by striking
``(including a Resource Center designated under subsection
(h)(3)(A) of this section)'';
(2) in section 2065(b)(3)(C), by striking ``)'';
(3) in the table of sections at the beginning of chapter
36, by striking the item relating to section 3684A and
inserting the following new item:
``3684A. Procedures relating to computer matching program.'';
(4) in section 4110(c)(1), by striking ``15'' and inserting
``16'';
(5) in the table of sections at the beginning of chapter
51, by striking the item relating to section 5121 and
inserting the following new item:
``5121. Payment of certain accrued benefits upon death of a
beneficiary.'';
(6) in section 7458(b)(2), by striking ``pro rated'' and
inserting ``pro-rated'';
(7) in section 8117(a)(1), by striking ``such such'' and
inserting ``such''; and
(8) in each of sections 1708(d), 7314(f), 7320(j)(2),
7325(i)(2), and 7328(i)(2), by striking ``medical care
account'' and inserting ``medical services account''.
(b) Veterans Benefits, Health Care, and Information
Technology Act of 2006.--Section 807(e) of the Veterans
Benefits, Health Care, and Information Technology Act of 2006
(Public Law 109-461) is amended by striking ``Medical Care''
each place it appears and inserting ``Medical Facilities''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Filner) and the gentleman from Indiana (Mr. Buyer) each
will control 20 minutes.
The Chair recognizes the gentleman from California.
Mr. FILNER. Mr. Speaker, I yield myself such time as I may consume.
We are considering two bills. This first one, S. 2162, as amended,
the Veterans' Mental Health and Other Care Improvements Act of 2008,
and the next one is going to be about the Veterans' Benefits
Improvement Act of 2008. These are two bills which passed the Senate,
and is an omnibus bill that includes legislation from the Senate and
from the House.
Many of our Members have legislation in this bill. And they are two
bills that are really going to be great for veterans, greatly enhance
the benefit in both the health field and on the benefit field.
As we have discussed these bills, we have learned much about the
needs of our Nation's veterans, and this bill goes a long way to
address them. Rates for post traumatic stress disorder, for example,
amongst Operation Enduring Freedom and Operation Iraqi Freedom veterans
has been estimated to be higher than 30 percent. Additionally, as we
have tragically learned, suicide is on the rise. The Army reports, in
fact, rates as high as they were during the Vietnam War. And the rate
of homelessness among this cohort is also tragically growing. We must
act now to address these issues before it's too late.
We know from past wars that some veterans will struggle with
substance abuse, homelessness, and PTSD. And we can see the same
patterns emerging as a result of the stress of repeated deployments to
OEF and OIF.
This bill expands and improves the health care services available to
veterans fighting substance use disorders and requires that all VA
medical centers provide veterans access to the full continuum of care
for substance use disorders.
I would like to recognize both the leadership of the chairman of the
Subcommittee on Health, Mr. Michaud, and Ms. Berkley for their strong
advocacy for veterans who suffer with substance use disorder and for
their contributions to this very important provision in the bill.
As a way to honor the memory of Justin Bailey, a brave veteran that
we lost to the horrors of war, this bill would ensure that the VA
conduct more research about the often tragic relationship between PTSD
and substance use disorders. The bill allows community mental health
centers in rural areas to work with the VA to provide peer outreach and
support services as well as readjustment and mental health services.
We now know that PTSD not only affects the veteran, but also has a
profound effect on their family. Thanks to the leadership of Mr. Hare
from Illinois, this bill makes necessary changes to the law to allow
the VA to provide needed counseling to families of veterans.
In addition to addressing the mental health challenges facing our
veterans, many also experience homelessness. While the VA continues to
be the largest provider of direct services to homeless veterans, we
must ensure that it remains postured to assist the growing number of
homeless veterans and veterans at risk for homelessness. To this end,
the bill increases the authorization for homeless programs to $150
million.
It also expands and extends a valuable joint VA and Department of
Labor program of referral and counseling services, ensures that the VA
domiciliary program is capable of meeting the needs of the growing
female population, and provides necessary support to low-income veteran
families that have made the transition to permanent housing. I want to
thank Mr. Murphy
[[Page 21111]]
and Ms. Herseth Sandlin for their focus on this issue and ensuring that
these provisions are in the bill.
Aside from mental health and homelessness, many veterans struggle to
cope with chronic and acute pain. This pain lingers long after the
physical wounds of war have healed and affects the quality of life of
many veterans. Thanks to Mr. Walz of Minnesota's leadership, this bill
would require the VA to develop and implement a system-wide policy on
pain management.
S. 2162 also improves the health care for certain groups of
especially vulnerable populations within the VA. It establishes
Epilepsy Centers of Excellence to care for the 89,000 veterans with
epilepsy, provides comprehensive health care to children of Vietnam
veterans born with spina bifida, and updates VA policies regarding HIV
testing. This would not have been possible without the hard work of Mr.
Perlmutter of Colorado, Mr. Ellsworth of Indiana, and Mr. Doyle of
Pennsylvania.
Next, this bill would reduce the financial burden placed on our
veterans. It requires the VA to reimburse veterans for the cost of
emergency treatment received in non-VA facilities, prohibits the
collection of copayments for all hospice care furnished by the VA, and
increases the beneficiary travel mileage reimbursement rate to the
current government employee rate. I want to thank Mr. Space of Ohio for
his contribution on the emergency treatment provision. And I would like
to thank Mr. Miller from Florida for his work on prohibiting copayments
for hospice care.
Another challenge facing the VA is rural health. Today, nearly 39
percent of veterans enrolled in the VA health care system live in rural
areas. Despite the expansion of community-based outpatient clinics and
vet centers, many rural veterans still have problems of access. Thanks
to Mr. Moran of Kansas' leadership, this bill requires the VA to
conduct a 3-year pilot program in five Veterans Integrated Service
Networks to allow highly rural veterans to seek covered health services
from non-VA health care providers.
The VA is currently authorized to collect third-party payments from
veterans' insurance companies, but due to ineffective procedures, over
$1 billion go uncollected annually. This legislation would require the
VA to establish no more than seven other Consolidated Patient Account
Centers to enable it to improve its billing performance. And I want to
recognize and thank my ranking member, Mr. Buyer of Indiana, for his
contributions to this issue.
The bill also gives the VA the legal authorities it needs to move
forward in major facility construction projects and leases so that it
can continue to provide world-class health care to veterans in world-
class facilities.
The bill also extends or makes permanent a number of important
expiring authorities.
Finally, the bill would name the VA Spinal Cord Injury Center in
Tampa, Florida, after our former colleague, Michael Bilirakis. It was
through former Congressman Bilirakis' efforts that this center came
into being. He served in the Air Force in the 1950s and served in
Congress for 24 years. It is fitting that we recognize his efforts in
naming the center after him.
I want to recognize and thank Mr. Miller of Florida for his
leadership on this issue, and also the younger Mr. Bilirakis from
Florida for carrying on his father's tradition.
Mr. Speaker, both Republican and Democratic Members of this committee
made major contributions to this bill. And I want to thank the staff
from both sides of the aisle for putting together such a comprehensive
package. It takes care of the men and women who have given so much to
defend this Nation, provides our veterans with the quality health care
programs and services they need and they so richly deserve.
I hope my colleagues will support S. 2162, as amended.
Mr. Speaker, I reserve the balance of my time.
Mr. BUYER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of S. 2162, the Veterans' Mental
Health and Other Care Improvements Act of 2008, as amended. I would
like to say up front how very pleased I am with the overall bill, as
well as S. 3023, as amended, the Veterans' Benefits Improvement Act,
which will follow this bill.
Before us, this bill incorporates almost 50 veterans' health care
provisions that have passed either the House or the Senate this
Congress in 15 bills listed in the joint explanatory statement
accompanying this legislation.
I would like to thank Chairman Filner and our esteemed colleagues in
the Senate, Chairman Akaka and Ranking Member Richard Burr, for their
bipartisan efforts to bring the compromise to the floor here tonight.
I would also like to commend Health Subcommittee Chairman Mike
Michaud and Ranking Member Jeff Miller for their leadership and spirit
of cooperation that enabled us to reach this compromise agreement with
the Senate.
This comprehensive bill includes an array of substantive initiatives,
and I would like to highlight just a few of them.
The chairman just mentioned the construction bill. And in particular,
I'm very pleased that we have the $66 million to fund for the fifth
polytrauma center. And at these polytrauma centers, very dedicated
individuals do amazing work to help save America's most precious
assets. And so funding for the fifth polytrauma center is extremely
important.
I am also pleased that we have not only the facilities in Palo Alto,
but also in Puerto Rico with regard to seismic corrections. We have
increases in previous authorizations, not only in New Orleans, but also
in Denver. And I'm most hopeful that the initiatives in Denver can be
worked out satisfactorily that also please the Secretary of the VA. We
also have increases with Orlando. So these three ongoing projects, New
Orleans, Denver and Orlando, are extremely important to me.
I also recognize and I want to thank the chairman. At the last
moment--out-of-scope revisions are always difficult for us, and the VA
brought us one of the out-of-scope provisions that dealt with the
outpatient clinic in Peoria. And I want to thank the chairman for
taking this up, and I also want to thank the Senate for accepting this,
because that facility in Peoria, there were some miscalculations. And
had we not acted, the VA could have proceeded, but in the end it would
have cost us more money.
{time} 1945
Acting and taking care of this outpatient clinic in Peoria was the
right thing to do. I want to thank the chairman for taking up this out-
of-scope provision and also for the leadership of Ray LaHood of
Illinois.
I also want to comment on the VA substance-use disorder and mental
health programs. A full continuum of care for substance-use disorder
will go a long way I believe to help at-risk veterans obtain care and
overcome the stigma that may prevent them from seeking the services
that they in fact need.
In order to ensure that VA implements a patient-centered pain care
strategy that is effective and consistent system-wide, the bill will
require the VA to develop and implement a comprehensive pain management
policy.
The bill will also establish a pilot program to allow veterans in
certain highly rural areas to obtain care from their local community
providers. This provision originated from legislation introduced by my
good friend and long-time member of the VA Committee, Jerry Moran of
Kansas. Jerry Moran is a real champion of rural veterans, and I applaud
him for his hard work and dedication to this cause. This is a cause
that has lasted now for several Congresses.
I am pleased that this bill also includes a measure I introduced,
H.R. 6366, to help the VA secure collections from third-party insurance
companies. This is an issue that I have been working on now for the
last four sessions of Congress. Specifically, it would require the VA
to establish seven Consolidated
[[Page 21112]]
Patient Accounting Centers, or CPACs, modeled after the successful Mid-
Atlantic CPAC over the next 5 years. I would like to thank Chairman
Filner for working with me in a bipartisan fashion to make sure that
this was included in the bill, and I also want to applaud the
leadership of Mike Michaud and Mr. Miller.
This measure comes from a bill I introduced to help the VA better
manage third-party collections and provide additional fiscal
responsibility for the department. The Consolidated Patient Accounting
Center was established as a demonstration project back in 2005. It
proved to be very successful in enhancing revenue by more than $12.5
million in fiscal year 2007 in the demonstration project alone and more
than $22 million over and above the goal as of August for fiscal year
2008.
Building on this success would enable the VA to secure hundreds of
millions of dollars that currently go uncollected. What we did is we
did a pilot. We found how successful that pilot project was over and
above the projected revenue that we would get. And so we looked at this
and said, well, this is something that needs to be rolled out across
the country, and when we do this, we in fact are going to be receiving
hundreds of millions of dollars. Those dollars then can be poured back
in to further improve veterans' health care.
I want to thank subcommittee Chairman Mike Michaud and Ranking Member
Jeff Miller for having joined me as cosponsors on this initiative along
with the leadership of Chairman Filner.
Also, Mr. Speaker, there are a number of other important provisions
in this bill that are omitted from my remarks simply because of the
result of the constraints on time. But I would like to conclude by
mentioning a notable provision that would designate the spinal cord
injury center at the VA Medical Center in Tampa, Florida, as the
Michael Bilirakis Department of Veterans Affairs Spinal Cord Injury
Center that the chairman spoke of. All of us have a great deal of
respect for Michael Bilirakis, and I am very, very pleased that my good
friend and this great public servant is going to be recognized.
Mr. Speaker, I would like to acknowledge at this time the hard work
of the staff of both sides of the aisle here in the House Committee on
Veterans' Affairs for their work on this legislation, in particular not
only the individuals of the House majority health subcommittee but also
that in the House and the Senate.
With that, I want to reserve my time.
Mr. FILNER. Mr. Speaker, I would like to yield 4 minutes to an
incredibly active and important new Member from New York, John Hall,
who chairs our Subcommittee on Disability Assistance and Memorial
Affairs. I thank you for all your efforts on behalf of our veterans.
Mr. HALL of New York. Thank you, Mr. Chairman.
I rise today in strong support of this bill, the Veterans' Mental
Health and Other Care Improvements Act. I am so pleased that the needs
of our returning soldiers are finally being recognized and that
Congress is finally taking action.
While this is no panacea and much still needs to be done to fully
care for our soldiers, namely to make wartime service in the theater of
combat a presumption for post traumatic stress disorder which I have
submitted that concept in independent legislation, I am glad to see
that mental health is beginning to gain the recognition and the
treatment it deserves.
There is no greater time for this recognition than right now. The
Rand Corporation did studies showing that approximately 20 to 30
percent of our military servicemembers returning from Iraq and
Afghanistan are showing symptoms of PTSD or depression. Longer and more
frequent deployments are placing increased stresses on our military
families and are taking a very real toll. Substance abuse and suicides
are up, and coupled with our current financial hardships, our returning
brave men and women and their families are facing incredibly difficult
times.
I am very grateful for all the work of the members of the Senate and
House Veterans' Affairs Committees and for the leadership of Chairman
Filner and Ranking Member Buyer for pushing through this legislation.
Just to name a few of the provisions of the bill, it will utilize the
Internet to provide education, outreach and treatment for substance
abuse, PTSD or other ailments soldiers are facing; a review and update
of all the VA's mental health facilities by the Inspector General; an
additional pilot program providing peer outreach, peer support,
readjustment and mental health services to veterans through contracts
with community mental health centers; it increases funds for mental
health research; and it provides marriage and family counseling within
authorized mental health services and also bolsters family outreach
programs.
I strongly encourage my colleagues to support this bill and provide
the returning men and women of our Armed Forces who have sacrificed so
much for our Nation with the treatment and the respect that they
deserve.
Mr. BUYER. Mr. Speaker, I would like to yield to the gentleman from
Kansas who actually represents 69 counties in the State of Kansas,
which is about the size of the State of Indiana. But before he gets too
excited, you could probably take five Kansases and put it in the State
of Alaska. I bring that to your attention, Mr. Speaker, because this
gentleman is a champion of rural America.
With that, I yield as much time as the gentleman from Kansas (Mr.
Moran) may consume.
Mr. MORAN of Kansas. I thank the gentleman from Indiana for yielding
me the time, and I am very grateful for the efforts that he and our
chairman, the gentleman from California (Mr. Filner) have made on this
entire legislation. But I'm here tonight to express my gratitude for
the inclusion of provisions that for a long time have been a high
priority for me as a Member of Congress from a very rural part of
America. I have always thought that our veterans should not be
discriminated against based upon where they live. And while we've made
progress in regard to caring for all our veterans, we've made progress
in regard to caring for our rural veterans, we still have a lot of
effort that needs to be made. This bill tonight takes one additional
step that I think is very important.
The Department of Veterans Affairs, through our encouragement, has
increased the number of outpatient clinics in this country so that
those who live long distances from a VA hospital can access routine
health care closer to home. We also have significantly increased the
mileage reimbursement rate for veterans who live long distances. That
is a major undertaking on our part, particularly with the ever rising
cost of gasoline. And so we are making some steps that I think benefit
rural veterans.
But still, despite that effort, many veterans, including many who
live in my congressional district in the State of Kansas, drive up to 5
hours to access a VA outpatient clinic or a VA hospital. And so what a
portion of this bill does tonight, the part I want to commend and bring
forth for the Members of the House of Representatives to know and to
understand, is this bill requires the Department of Veterans Affairs to
create a 3-year pilot project that gives our highly rural veterans
living in rural regions of this country the choice to receive health
care at home. What this says is that the veteran can have the
opportunity to see his or her hometown physician, be admitted to his or
her hometown hospital, and that the Department of Veterans Affairs must
enter into a contract to provide those services.
So while I am very appreciative of the outpatient clinics and I
appreciate the service and care that our VA hospitals provide, we have
the opportunity for our veterans, particularly those who are aging, and
many of our rural veterans are older every day, many of them are World
War II veterans in their eighties and nineties, and a trip that is
miles away and hours from home requires a significant undertaking. This
allows those who are that distance, and that distance being about
[[Page 21113]]
60 miles from a VA clinic, 120 miles from a VA hospital or 240 miles
from a specialized care facility, to have those services provided at
home.
It's also a good thing for the rural health care provider. I always
describe it this way: Our hospitals, the infrastructure that surrounds
the delivery of health care in rural America, is a lot like schools. We
need every student we can get in a rural school to keep the school
going, just as our hospitals and physicians need every patient that
they can get in order to keep the hospital alive and well.
So I'm here to commend my colleagues for their support of this
legislation. I am very grateful to Delores Dunn, the staff director of
the subcommittee, who has shepherded this effort on my behalf but
really on behalf of veterans across rural America, and I commend our
chairman and ranking member for their strong efforts on behalf of rural
American veterans.
Mr. BUYER. Reclaiming my time, I want to thank the gentleman for his
leadership. He went through several Congresses with this. This is a
testimonial really to your persistence and your dedication to the
issue. I want to thank you. You never gave up on it. I want to thank
you for your leadership.
With that, I reserve my time.
Mr. FILNER. Mr. Speaker, I would recognize another great and new
member of our committee, the gentleman from Illinois (Mr. Hare), also
for 4 minutes.
Mr. HARE. Mr. Speaker, I rise in strong support of S. 2162, the
Veterans' Mental Health and Other Care Improvement Acts of 2008. I want
to commend Chairman Akaka, Chairman Filner, Ranking Member Buyer and
all the members of the Senate and House Veterans' Affairs Committee for
their leadership and hard work on this bill.
S. 2162 is a bill that improves a variety of health care services
provided by the Department of Veterans Affairs. First, it improves the
treatment and services provided by the VA to veterans suffering from
post traumatic stress disorder. Second, it provides more treatment for
veterans battling substance-use disorders, and it directs the VA to
develop and implement a comprehensive policy on the management of pain
care.
The bill also authorizes medical facility projects and major medical
facility leases which are crucial to the improvement of health care for
our veterans. And it takes on the unacceptable plight of homelessness,
which thousands of our veterans face each and every night.
S. 2162 also improves access to health care for veterans living in
rural areas. It allows highly rural veterans to get services closer to
home, and it provides a fair reimbursement rate to those who have to
drive considerable distances. We have been working on this issue
tirelessly throughout the 110th Congress. As someone who represents a
district in Illinois that is very rural, I appreciate the progress that
has been made on this issue. I want to commend my friend, Congressman
Moran from Kansas, for his hard work and dedication on this issue.
Finally, S. 2162 expands mental health care for the families of our
heroes. The psychological toll that war brings also extends to the
brave family members of our servicemembers. That is why I am encouraged
to see that a bill I introduced, the Mental Health For Heroes' Family
Act of 2008, has been included in S. 2162. Specifically, my bill
removes the requirement that counseling must be initiated during the
veteran's hospitalization, and is essential to permit the discharge for
the veteran from the hospital. It also directs the Secretary of the
Veterans Administration to carry out a 3-year pilot program to assess
the feasibility and advisability of providing readjustment and
transition assistance to veterans and their families.
Mr. Speaker, I again thank Chairman Akaka, Chairman Filner and
Ranking Member Buyer for their leadership on this bill and I want to
commend both the Senate and House Veterans' Affairs Committee staff for
their tireless work on this bill. I urge all of my colleagues to
support this incredibly important piece of legislation.
Mr. BUYER. The first thing I would like to do, Mr. Speaker, is I want
to thank Mr. Hare for his leadership in mental health. You're a great
addition to the committee, and I want to thank the gentleman.
With that I reserve my time.
Mr. FILNER. Mr. Speaker, I would like to recognize for 5 minutes the
dynamic gentlelady from Florida who has served with me and fought with
me for 16 years on this committee, Ms. Brown.
{time} 2000
Ms. CORRINE BROWN of Florida. Mr. Speaker, first of all, let me thank
Mr. Filner for his leadership on this committee. I am so proud that I
am a part of this committee. Under his leadership, we passed the
largest VA budget in the history of the United States. Our committee
doesn't just ``talk the talk.'' We are ``walking the walk'' for the
veterans. Thank you, and thanks to all of the members of the committee.
I rise in support of S. 2162, the Veterans' Mental Health and Other
Care Improvements Act of 2008. This bill includes many important issues
of concern for veterans: mental health care, assistance for families,
health care, pain care, provisions helping homeless vets, and
construction of badly needed medical facilities.
This last item is very important to Florida. My State has the largest
and fastest growing elderly veterans population in the country.
Everyone enjoys the warm weather, and veterans are no different. It is
high time we build the facilities that will take care of those heroes
and sheroes.
The bill increases the authorization for the construction of a new VA
medical facility in Orlando for close to $700 million. We have waited
over 25 years for this facility. Let me repeat that. We have waited
over 25 years for this facility, and to have construction delayed
because of lack of money due to increased energy costs or inflation
would be criminal.
Also this bill increases the authorization by $51.5 million to fund
patient privacy at the Gainesville Medical Center. We need to make sure
our veterans are treated with respect.
Earlier this year, this Congress passed the Military Construction and
Veterans Affairs Appropriations bill under the leadership of Chairman
Chet Edwards. I appreciate his including funds for the projects in this
bill, allowing for the continued development of these medical centers.
I urge the passage of this bill and continued support for our
Nation's veterans.
May God bless America, and I thank all the veterans for their
service.
Mr. FILNER. Mr. Speaker, I yield such time as he may consume to the
gentleman from Texas (Mr. Rodriguez), another Member who has served on
our committee for almost a decade.
Mr. RODRIGUEZ. Madam Speaker, let me take this opportunity once again
to thank Chairman Filner and the ranking member for this opportunity.
Let me just say that the 110th Congress will be seen as the Congress
that has done the most for veterans in the history of this House in
terms of the funding of over $13 billion from the 2007-2008 budget, in
addition to the supplementals. This will be the largest amount of
resources for the VA since its inception in any one session. So the
110th Congress is going to be seen as one of those Congresses that
provided the resources, but also provided the programs that were needed
and the accountability that needs to occur in order to make it happen.
The result of that is because of the leadership in the form of
Congressman Bob Filner, and I want to once again personally thank him
for his leadership.
Let me just say this particular bill has language that begins to make
services permanent for those soldiers that participated in what was
referred to as Project 112, or Project SHAD, which were the studies
during the Cold War that this country did on our soldiers from the use
of nerve gas to other items to see how our soldiers reacted. Now we
know these soldiers are in need of services, and this language extends
that opportunity for thousands of these soldiers to get those services
that they
[[Page 21114]]
are entitled to. So I want to thank the leadership for that. I know it
was a struggle with the Department of Defense in just identifying these
projects.
Secondly, I also want to signify that we have four major polytrauma
centers throughout this country. The fifth one is going to be built in
San Antonio. This particular center allows an opportunity for those
soldiers that are out there that come back as veterans that have a
multitude of problems, and this will allow the opportunity for
returning servicemembers to be able to get the help they are entitled
to and the construction of this facility, referred to as the fifth
polytrauma center.
In closing, let me also just say that I have one of the largest
districts in the Nation. My district runs in a straight line 650 miles
and 785 miles along the border, over 20 large counties. Some of the
counties are larger than some of the States in the country. I have an
area where not a single clinic exists in the Rural Health Initiatives
that are out there to provide access for these soldiers and veterans.
It is also important and essential, as indicated earlier, the fact
that we have raised the amount of resources for reimbursement rates per
mile for gasoline, and we know we might have to come back and revisit
this because of the cost of gasoline.
So, once again I thank the chairman and the ranking member for
allowing us to pass these pieces of legislation.
Mr. BUYER. Madam Speaker, I yield myself such time as I may consume.
I would like to comment on a provision from the ranking member in the
Senate, Richard Burr, the provision to require the VA to provide
financial assistance grants to very low income veterans families
residing in permanent housing for supportive services, including
outreach, case management, assistance in obtaining VA benefits and
assistance in obtaining other forms of public benefits.
As we transition veterans from homelessness into permanent housing,
these are provisions that in the last Congress Senator Burr was working
very hard on, but did not come out as a result of the conference. He
hung in there and we were able to get this done, and I want to thank
Chairman Filner, who also accepted these provisions, and I want to
extend my appreciation.
I also want to extend appreciation to the leadership and to some
Members who worked very hard on Orlando in making sure that that
becomes a reality. These are Members that seem to never leave me alone.
In particular, Tom Feeney, Cliff Stearns, Corrine Brown, Ginny Brown-
Waite and Ric Keller, working very hard to make sure that Orlando
becomes a reality.
The last thing I would like to thank Chairman Filner for was
accepting the provisions along with Chairman Michaud, and that was
Ranking Member Jeff Miller of the Health Subcommittee sought to
eliminate all copayments for hospice care. Those of us that have had to
deal with a loved one that goes through hospice care understand how
difficult and challenging that moment is in all of our lives. So for us
to waive those copayments during that time period I think was the right
thing to do, and I want to thank the gentleman for his leadership on
that.
With that, I encourage all Members to support this legislation.
Madam Speaker, I yield back my time.
General Leave
Mr. FILNER. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on S. 2162, as amended.
The SPEAKER pro tempore (Ms. Kaptur). Is there objection to the
request of the gentleman from California?
There was no objection.
Mr. FILNER. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I want to say to Congressman Buyer, the ranking
member, and really all the Members on both the Republican and Democrat
side of this committee, we have had some ups and downs in this year,
but these two bills that we are doing today are great bills. I think
we, and I say ``we'' meaning all of us, have a great deal to be proud
of. We are going to touch millions of veterans with these bills,
millions, and their families, and we are doing it on behalf of people
that we know deserve no less.
We have traveled around the country. We have met thousands of
veterans in different States. I think both of us get more and more
impressed with both the newer veterans and the older veterans and what
they have accomplished and how they have carried out their lives. So we
are very proud to have worked together to produce these bills.
Joint Explanatory Statement For S. 2162, as Amended
Veterans' Mental Health and Other Care Improvements Act of 2008
The ``Veterans' Mental Health and Other Care Improvements
Act of 2008'' reflects a compromise agreement that the Senate
and House of Representatives' Committees on Veterans' Affairs
reached on certain provisions of a number of bills considered
by the House and Senate during the 110th Congress, including:
S. 2162, to improve the treatment and services provided by
the Department of Veterans Affairs to veterans with post-
traumatic stress disorder and substance use disorders, and
for other purposes, passed by the Senate on June 3, 2008
[hereinafter, ``Senate Bill'']; H.R. 5554, to expand and
improve health care services available to veterans from the
Department of Veterans Affairs for substance use disorders,
and for other purposes, passed by the House on May 20, 2008
[hereinafter, ``House Bill'']; S. 1233, to provide and
enhance intervention, rehabilitative treatment, and services
to veterans with traumatic brain injury, and for other
purposes, placed on the Senate calendar on August 29, 2007.
H.R. 1527, to conduct a pilot program to permit certain
highly rural veterans enrolled in the health system of the
Department of Veterans Affairs to receive covered health
services through providers other than those of the
Department, passed by the House on September 10, 2008; H.R.
2623, to prohibit the collection of copayments for all
hospice care furnished by the Department of Veterans Affairs,
passed by the House on July 30, 2007; H.R. 2818, to provide
for the establishment of epilepsy centers of excellence in
the Veterans Health Administration of the Department of
Veterans Affairs, passed by the House on June 24, 2008; H.R.
2874, to make certain improvements in the provision of health
care to veterans, and for other purposes, passed by the House
on July 30, 2007; S. 2969, to enhance the capacity of the
Department of Veterans Affairs to recruit and retain nurses
and other critical health care professionals, and for other
purposes, placed on the Senate calendar on September 18,
2008.
H.R. 3819, to reimburse veterans receiving emergency
treatment in non-Department of Veterans Affairs facilities
for such treatment until such veterans are transferred to
Department facilities, and for other purposes, passed by the
House on May 21, 2008; H.R. 4264, to name the Department of
Veterans Affairs spinal cord injury center in Tampa, Florida,
as the ``Michael Bilirakis Department of Veterans Affairs
Spinal Cord Injury Center, passed by the House on June 26,
2008; H.R. 5729, to provide comprehensive health care to
children of Vietnam veterans born with Spina Bifida, and for
other purposes, passed by the House on May 20, 2008; H.R.
6445, to prohibit the Secretary of Veterans Affairs from
collecting certain copayments from veterans who are
catastrophically disabled, and for other purposes, passed by
the House on July 30, 2008; H.R. 6832, to authorize major
medical facility projects and major medical facility leases
for the Department of Veterans Affairs for fiscal year 2009,
to extend certain authorities of the Secretary of Veterans
Affairs, and for other purposes, passed by the House on
September 11, 2008; S. 2969, to enhance the capacity of the
Department of Veterans Affairs to recruit and retain nurses
and other critical health care professionals and for other
purposes, which was placed on the Senate legislative calendar
on September 18, 2008.
The House and Senate Committees on Veterans' Affairs have
prepared the following explanation of the compromise bill, S.
2162 (hereinafter referred to as the ``Compromise
Agreement''). Differences between the provisions contained in
the Compromise Agreement and the related provisions in the
bills listed above are noted in this document, except for
clerical corrections and conforming changes made necessary by
the Compromise Agreement, and minor drafting, technical, and
clarifying changes.
Title I--Substance Use Disorders and Mental Health Care
Tribute to Justin Bailey (sec. 101)
The Senate bill contained a provision (sec. 306) to specify
that this title is enacted in tribute to Justin Bailey, who,
after returning to the United States from service as member
of the Armed Forces in Operation Iraqi Freedom, died in a
domiciliary facility
[[Page 21115]]
of the Department of Veterans Affairs while receiving care
for post-traumatic stress disorder and a substance use
disorder.
Section 6 of the House bill contained the identical
provision.
The Compromise Agreement contains this provision.
Findings on Substance Use Disorders and Mental Health (sec.
102)
The Senate bill contained a provision (sec. 301) that would
express the sense of the Congress that:
(1) More than 1,500,000 members of the Armed Forces have
been deployed in Operation Iraqi Freedom and Operation
Enduring Freedom. The 2005 Department of Defense Survey of
Health Related Behaviors Among Active Duty Personnel reports
that 23 percent of members of the Armed Forces on active duty
acknowledge a significant problem with alcohol use, with
similar rates of acknowledged problems with alcohol use among
members of the National Guard.
(2) The effects of substance abuse are wide ranging,
including significantly increased risk of suicide,
exacerbation of mental and physical health disorders,
breakdown of family support, and increased risk of
unemployment and homelessness.
(3) While veterans suffering from mental health conditions,
chronic physical illness, and poly trauma may be at increased
risk for development of a substance use disorder, treatment
for these veterans is complicated by the need to address
adequately the physical and mental symptoms associated with
these conditions through appropriate medical intervention.
(4) While the Veterans Health Administration has
dramatically increased health services for veterans from 1996
through 2006, the number of veterans receiving specialized
substance abuse treatment services decreased 18 percent
during that time. No comparable decrease in the national rate
of substance abuse has been observed during that time.
(5) While some facilities of the Veterans Health
Administration provide exemplary substance use disorder
treatment services, the availability of such treatment
services throughout the health care system of the Veterans
Health Administration is inconsistent.
(6) According to the Government Accountability Office, the
Department of Veterans Affairs significantly reduced its
substance use disorder treatment and rehabilitation services
between 1996 and 2006, and has made little progress since in
restoring these services to their pre-1996 levels.
The House bill contained no similar provision.
The Compromise Agreement contains the Senate provision but
modifies finding (6) to include the year of the Government
Accountability report and cites the National Mental Health
Program Monitoring System report.
Expansion of Substance Use Disorder Treatment Services
Provided by the Department of Veterans Affairs (sec. 103)
The Senate bill contained a provision (sec. 302) that would
require that the Secretary of Veterans Affairs ensure the
provision of services and treatment to each veteran enrolled
in the health care system of the Department who is in need of
services and treatments for a substance use disorder, and the
bill included a specific list of services. The Senate bill
would also authorize that the services and treatments may be
provided to a veteran: (1) at Department of Veterans Affairs
medical centers or clinics; (2) by referral to other
facilities of the Department that are accessible to such
veteran; or (3) by contract or fee- for-service payments with
community-based organizations for the provision of such
services and treatments.
The House bill contained a similar provision (sec. 2) that
would require the Secretary to provide a full continuum of
care for substance use disorders to veterans in need of such
care and included a specific list of services, including
three services not included in the Senate bill: marital and
family counseling, screening for substance use disorders, and
coordination with groups providing peer to peer counseling.
The House bill (sec. 3) would also require the Secretary to
ensure that the amounts made available for care, treatment,
and services are allocated evenly throughout the system,
including an annual reporting requirement.
The Compromise Agreement includes the listing of substance
use disorder services included in both the Senate and House
bills, and follows the Senate bill with respect to the
locations of where services would be provided. The Compromise
Agreement follows the House bill with respect to ensuring the
equitable distribution of resources for substance abuse
services but does not include the annual reporting
requirement.
Care for Veterans with Mental Health and Substance Use
Disorders (sec. 104)
The Senate bill contained a provision (sec. 303) that would
ensure that if the Secretary of Veterans Affairs provides a
veteran inpatient or outpatient care for a substance use
disorder and a comorbid mental health disorder, that the
treatment for such disorders be provided concurrently: (1)
through a service provided by a clinician or health
professional who has training and expertise in treatment of
substance use disorders and mental health disorders; (2) by
separate substance use disorder and mental health disorder
treatment services when there is appropriate coordination,
collaboration, and care management between such treatment
services; or (3) by a team of clinicians with appropriate
expertise.
The House bill contained no similar provision.
The Compromise Agreement contains the Senate provision.
Pilot Program for Internet-based Substance Use Disorder
Treatment for Veterans of Operation Iraqi Freedom and
Operation Enduring Freedom (sec. 105)
The House bill contained a provision (sec. 4) that would
express the sense of the Congress that:
(1) Stigma associated with seeking treatment for mental
health disorders has been demonstrated to prevent some
veterans from seeking such treatment at a medical facility
operated by the Department of Defense or the Department of
Veterans Affairs.
(2) There is a significant incidence among veterans of
post-deployment mental health problems, especially among
members of a reserve component who return as veterans to
civilian life.
(3) Computer-based self-guided training has been
demonstrated to be an effective strategy for supplementing
the care of psychological conditions.
(4) Younger veterans, especially those who served in
Operation Enduring Freedom or Operation Iraqi Freedom, are
comfortable with and proficient at computer-based technology.
(5) Veterans living in rural areas find access to treatment
for substance use disorder limited.
(6) Self-assessment and treatment options for substance use
disorders through an Internet website may reduce stigma and
provides additional access for individuals seeking care and
treatment for such disorders.
This provision would also require the Secretary of Veterans
Affairs to carry out a pilot program to test the feasibility
and advisability of providing veterans who seek treatment for
substance use disorders access to a computer-based self-
assessment, education, and specified treatment program
through a secure Internet website operated by the Secretary.
The Senate bill contained no similar provision.
The Compromise Agreement contains the House provision.
Report on Residential Mental Health Care Facilities of the
Veterans Health Administration (sec. 106)
The Senate bill contained a provision (sec. 305) that would
require the Secretary of Veterans Affairs, acting through the
Office of Mental Health Services of the Department of
Veterans Affairs, not later than six months after the date of
the enactment of this Act, conduct a review of all
residential mental health care facilities, including
domiciliary facilities, of the Veterans Health
Administration; and not later than two years after the date
of the completion of the first review conduct a follow-up
review of such facilities to evaluate any improvements made
or problems remaining since the first review was completed.
Not later than 90 days after the completion of the first
review, the Secretary would be required to submit to the
Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives a report on such review.
The House bill (sec. 5) contained a similar provision,
except there was no provision for a two-year follow-up
review, and the six-month review would be carried out by the
Office of the Medical Inspector.
The Compromise Agreement includes the Senate provision
which specifies the two-year follow-up review, but would have
the Inspector General carry out the reviews.
Pilot Program on Peer Outreach and Support for Veterans and
Use of Community Mental Health Centers and Indian Health
Service Facilities (sec. 107)
The Senate bill contained a provision (sec. 401) that would
require the Secretary of Veterans Affairs to carry out a
pilot program to assess the feasibility and advisability of
providing the following to veterans of OIF/OEF in at least
two Veterans Integrated Service Networks: 1) peer outreach
services; 2) peer support services provided by licensed
providers of peer support services or veterans who have
personal experience with mental illness; 3) readjustment
counseling services; and other mental health services.
Services would be provided through community mental health
centers or other entities under contracts or other agreements
and through the Indian Health Service pursuant to a
memorandum of understanding entered into by the Secretary of
Veterans Affairs and the Secretary of Health and Human
Services.
Section 6 of H.R. 2874 required the Secretary to carry out
a program to provide peer outreach services, peer support
services, and readjustment and mental health services to
covered veterans. This provision was not a pilot program and
did not provide for the means to collaborate with the Indian
Health Service.
[[Page 21116]]
The Compromise Agreement contains the Senate provision with
an amendment that would authorize at least three pilot sites.
Title II--Mental Health Research
Research Program on Comorbid Post-traumatic Stress Disorder
and Substance Use Disorders (sec. 201)
The Senate bill contained a provision (sec. 501) that would
require the Secretary of Veterans Affairs to carry out a
program of research into comorbid post-traumatic stress
disorder (PTSD) and substance use disorder. This research
program shall be carried out by the National Center for
Posttraumatic Stress Disorder. In carrying out the program,
the Center shall: 1) develop protocols and goals with respect
to research under the program; and 2) coordinate research,
data collection, and data dissemination under the program.
The House bill contained no similar provision.
The Compromise Agreement contains the Senate provision.
Extension of Authorization for Special Committee on Post-
Traumatic Stress Disorder (sec. 202)
The Senate bill contained a provision (sec. 502) that would
modify section 110(e)(2) of the Veterans' Health Care Act of
1984, P.L. 98-528, to extend the reporting requirement for
the Special Committee on Post-Traumatic Stress Disorder.
Currently, the reporting requirement is set to expire in
2008; this provision would extend it through 2012.
Section 209 of H.R. 6832 contained an identical provision.
The Compromise Agreement contains the provision.
Title III--Assistance for Families of Veterans
Clarification of Authority of Secretary of Veterans Affairs
to Provide Mental Health Services to Families of Veterans
(sec. 301)
The Senate bill contained a provision (sec. 601) that would
amend section 1701(5)(B) of title 38, United States Code, to
clarify the authority of the Secretary of Veterans Affairs to
provide mental health services to families of veterans.
Section 3 of H.R. 6445 contained a provision that would
modify section 1782(b) of title 38 so as to eliminate the
requirement that family support services be initiated during
the veteran's hospitalization and deemed essential to permit
the veteran's discharge.
The Compromise Agreement follows the House bill with
respect to the provision eliminating the need for services to
be initiated during a veteran's hospitalization and essential
to the veteran's discharge, but follows the Senate bill with
respect to the provision to clarify the authority of the
Secretary of Veterans Affairs to provide mental health
services to families.
Pilot Program on Provision of Readjustment and Transition
Assistance to Veterans and Their Families in Cooperation
with Vet Centers (sec. 302)
The Senate bill contained a provision (sec. 402) that would
establish a pilot program to assess the feasibility and
advisability of providing additional readjustment and
transition assistance to veterans and their families in
cooperation with Readjustment Counseling Centers. The pilot
would be similar to family assistance programs previously
conducted at ten Army facilities around the country.
The House bill contained no similar provision.
The Compromise Agreement contains the Senate provision with
an amendment to begin the pilot program no later than 180
days after the enactment of the Act.
Title IV--Health Care Matters
Veterans Beneficiary Travel Program (sec. 401)
The Senate bill contained a provision (sec. 101) that would
direct the Secretary to reimburse qualifying veterans at the
rate authorized for Government employees under section
5707(b) of title 5. The Senate provision would also strike a
provision that allows the Secretary to raise or lower the
deductible for reimbursements in proportion to a change in
the mileage rate. Finally, the Senate provision would
reinstate the amount of the deductible for the beneficiary
travel reimbursement program to the amount in effect prior to
the Secretary's February 1, 2008, decision on beneficiary
travel.
The House bill contained no similar provision.
The Compromise Agreement contains the Senate provision.
Mandatory Reimbursement of Veterans Receiving Emergency
Treatment in Non-Department of Veterans Affairs
Facilities until Transfer to Department Facilities (sec.
402)
The Senate bill contained a provision that would amend
section 1725 of title 38 in subsections (a)(1) and (f)(1).
Subsection (a)(1) would be amended by replacing `may
reimburse' with `shall reimburse.' This change would make
reimbursement for emergency care received at non-VA
facilities mandatory for eligible veterans, rather than at
the discretion of the Secretary. Subsection (f)(1) would be
amended to provide greater specificity regarding the
termination of VA's obligation to reimburse. The Senate bill
would also amend section 1728 of title 38 so as to make that
section, which relates to reimbursement for the emergency
treatment of service-connected conditions, consistent with
section 1725, as amended. Thus, reimbursement would also be
made mandatory under Section 1728. The existing criteria,
defining veteran eligibility for reimbursement for emergency
care services, would be carried over in the revised statutory
language. In addition, the Senate bill would further amend
section 1728 so as to strike the phrase `care and services'
in current subsection (b) of section 1728, and replace that
phrase with `emergency treatment.' This proposed change is
designed to promote consistency between sections 1725 and
1728.
H.R. 3819 contained similar provisions.
The Compromise Agreement contains these provisions.
Pilot Program of Enhanced Contract Care Authority for Health
Care Needs of Veterans in Highly Rural Areas (sec. 403)
H.R. 1527 (sec. 2) would require the Secretary to conduct a
pilot program which permits highly rural veterans who are
enrolled in the system of patient enrollment established
under section 1705(a) of title 38, and who reside in Veterans
Integrated Service Networks (VISNs) 1, 15, 18, and 19, to
elect to receive covered health services for which such
veterans are eligible, through a non-Department health care
provider.
The Senate bill contained no similar provision.
The Compromise Agreement follows the House bill, with an
amendment that specifies that the pilot program will be
carried out in 5 VISNs, four of which shall include at least
three highly rural counties (as determined by the Secretary
based upon the most recent census data), and one of which
shall include one highly rural county. All VISNs selected
must include an area within the borders of at least four
states, and not be already participating in Project HERO.
Eligibility for participation in the pilot program would be
limited to those veterans already enrolled in the VA health
care system at the time of commencement of the program, as
well as OIF/OEF veterans who are eligible for VA health care
under section 1710(e)(3)(C) of title 38.
Epilepsy Centers of Excellence (sec. 404)
The Senate bill contained a provision (sec. 103) that would
require that the Secretary, upon the recommendation of the
Under Secretary for Health, designate not less than six
Department health care facilities as locations for epilepsy
centers of excellence.
H.R. 2818 (sec. 2) would require the Secretary to designate
an epilepsy center of excellence at each of the 5 centers
designated under section 7327 of title 38 (Centers for
research, education, and clinical activities on complex
multi-trauma associated with combat injuries).
The Compromise Agreement specifies that the Secretary shall
designate at least four but not more than six Department
health care facilities as locations for epilepsy centers of
excellence. Not less than two of these centers shall be
collocated with centers designated under 7327 of title 38.
Establishment of Qualifications for Peer Specialist
Appointees (sec. 405)
The Senate bill contained a provision (sec. 104) that would
amend section 7402(b) of title 38 so as to define
qualifications for peer specialist positions employed by the
Veterans Health Administration. Specifically, in order to be
eligible to be appointed to a peer specialist position, a
person must be a veteran who has recovered or is recovering
from a mental health condition; and be certified by a not-
for-profit entity engaged in peer specialist training by
having met such criteria as the Secretary shall establish for
a peer specialist position; or a State by having satisfied
relevant State requirements for a peer specialist position.
The Senate bill would also amend section 7402 of title 38 so
as to add a new subsection providing authority for the
Secretary to enter into contracts with not-for-profit
entities to provide peer specialist training to veterans and
certification for veterans.
The House bill contained no similar provision.
The Compromise Agreement contains the Senate provision.
Establishment of Consolidated Patient Accounting Centers
(sec. 406)
Section 5 of H.R. 6445 contained a provision that would
amend chapter 17 of title 38 to insert a new section
mandating that not later than 5 years after the date of
enactment of this bill, the Secretary of Veterans Affairs
shall establish not more than seven consolidated patient
accounting centers for conducting industry-modeled
regionalized billing and collection activities of the
Department.
The Senate bill contained no comparable provision.
The Compromise Agreement contains the House provision.
[[Page 21117]]
Repeal of Limitation on Authority to Conduct Widespread HIV
Testing Program (sec. 407)
Section 217 of S. 2969 would repeal section 124 of Public
Law 100-322, which permits VA to test a patient for HIV
infection only if the veteran receives pre-test counseling
and provides written informed consent for such testing.
Eliminating this section from the law would bring VA's
statutory HIV testing requirements in line with current
guidelines issued by the Centers for Disease Control and
Prevention.
Section 6 of H.R. 6445 contained an identical provision.
The Compromise Agreement contains the provision.
Provision of Comprehensive Health Care by Secretary of
Veterans Affairs to Children of Vietnam Veterans Born
with Spina Bifida (sec. 408)
H.R. 5729 would amend section 1803(a) of title 38 so as to
expand the existing VA Spina Bifida Health Care Program and
provide a comprehensive health benefit to beneficiaries.
The Senate bill contained no comparable provision.
The Compromise Agreement contains the House provision.
Exemption from Copayment Requirement for Veterans Receiving
Hospice Care (sec. 409)
Section 309 of S. 1233 would amend section 1710 of title 38
so as to exempt hospice care provided in all settings from
the copayment requirement for VA long-term care. Under
current law, only hospice care provided in a VA nursing home
is exempted from copayment.
H.R. 2623 contained a similar provision.
The Compromise Agreement contains the provision.
Title V--Pain Care
Comprehensive Policy on Pain Management (sec. 501)
The Senate bill contained a provision (sec. 201) that would
require the Secretary of Veterans Affairs to develop and
implement a comprehensive policy on the management of pain
experienced by veterans enrolled for VA health care services
no later than October 1, 2008.
The policy would be required to cover the following: the
Department-wide management of acute and chronic pain
experienced by veterans; the standard of care for pain
management to be used throughout the Department; the
consistent application of pain assessments to be used
throughout the Department; the assurance of prompt and
appropriate pain care treatment and management by the
Department, system-wide, when medically necessary; Department
programs of research related to acute and chronic pain
suffered by veterans, including pain attributable to central
and peripheral nervous system damage characteristic of
injuries incurred in modern warfare; Department programs of
pain care education and training for health care personnel of
the Department; and Department programs of patient education
for veterans suffering from acute or chronic pain and their
families.
Section 4 of H.R. 6445 contained identical provisions.
The Compromise Agreement contains the provisions, but would
require the Secretary of Veterans Affairs to develop and
implement a comprehensive policy on pain management no later
than October 1, 2009.
Title VI--Homeless Veterans Matters
Increase in Authorization of Appropriations for the Homeless
Grant and Per Diem Program (sec. 601)
Section 506 of S. 2969 would amend section 2013 of title
38, to increase the authorization of appropriations for the
Homeless Grant and Per Diem Program from $130 million to $200
million.
The House bill contained no comparable provision.
The Compromise Agreement contains the Senate provision but
changes the authorization amount to $150 million.
Expansion and Extension of Authority for Program of Referral
and Counseling Services for At-risk Veterans
Transitioning from Certain Institutions (sec. 602)
Section 403 of S. 1233 would amend section 2023 of title 38
so as to extend and expand the authority for a program to aid
incarcerated veterans in their transition back to civilian
life. The program would be extended until September 30, 2011,
and would be expanded from six to twelve sites.
Section 7 of H.R. 2874 contained identical provisions.
The Compromise Agreement contains the provision, but would
extend the program until September 30, 2012.
Permanent Authority for Domiciliary Services for Homeless
Veterans and Enhancement of Capacity of Domiciliary Care
Programs for Female Veterans (sec. 603)
Section 405 of S. 1233 would amend section 2043 of title 38
to make permanent an existing authority to expand domiciliary
care for homeless women veterans.
Section 8 of H.R. 2874 contained identical provisions.
The Compromise Agreement contains the provisions.
Financial Assistance for Supportive Services for Very-low
Income Veteran Families in Permanent Housing (sec. 604)
Section 406 of S. 1233 would amend title 38 so as to add a
new section 2044, relating to supportive services for very
low-income veterans and their families occupying permanent
housing. Proposed new section 2044 would direct VA to provide
grants to eligible entities to provide and coordinate the
provision of a comprehensive range of supportive services for
very low-income veteran families occupying permanent housing,
including those transitioning from homelessness to such
housing.
Those families may be occupying permanent housing, moving
into permanent housing within 90 days, or moving from one
permanent residence to another to better suit their needs.
Entities eligible to receive grants under this provision are
public or private non-profit organizations which have
demonstrated the capacity and experience necessary to deliver
the services outlined in the proposed new section. Under the
provisions of the proposed new section 2044, grants would be
provided for a wide range of services, so as to give families
a broad set of tools to maintain a permanent residence. To
this end, providers could receive grants to furnish outreach,
case management, assistance in obtaining and coordinating VA
benefits, and assistance in obtaining and coordinating other
public benefits provided by federal, state, or local agencies
or organizations.
Section 9 of H.R. 2874 contained similar provisions but
provided a more expansive list of supportive services, and
authorized for appropriations a different funding level.
The Compromise Agreement contains the Senate provision.
Title VII--Authorization of Medical Facility Projects and Major Medical
Facility Leases
Authorization for Fiscal Year 2009 Major Medical Facility
Projects (sec. 701)
Section 701 of S. 2969 would authorize:
$54,000,000 to construct a facility to replace a
seismically unsafe acute psychiatric inpatient building in
Palo Alto, California.
$131,800,000 for an outpatient clinic in Lee County,
Florida.
$225,900,000 to make seismic corrections at a VA Medical
Center in San Juan, Puerto Rico.
$66,000,000 to construct a state-of-the-art polytrauma
health care and rehabilitation center in San Antonio, Texas.
Section 101 of H.R. 6832 contained the same provisions,
except for Lee County, Florida. Instead, H.R. 6832 authorizes
the Lee County project under a different section.
The Compromise Agreement contains the House provision.
Modification of Authorization Amounts for Certain Major
Medical Facility Construction Projects Previously
Authorized (sec. 702)
Section 702 of S. 2969 would modify previous authorizations
by providing $625,000,000 for restoration, new construction,
or replacement of the medical care facility for the VA
Medical Center at New Orleans, Louisiana.
Section 102 of H.R. 6832 contained the same provisions and
the following additional provisions:
$769,200,000 for the replacement of the VA Medical Center
at Denver, Colorado.
$131,800,000 for an outpatient clinic in Lee County,
Florida.
$136,700,000 to correct patient privacy deficiencies at the
VA Medical Center in Gainesville, Florida.
$600,400,000 to build a new VA Medical Center in Las Vegas,
Nevada.
$656,800,000 to build a new medical center in Orlando,
Florida.
$295,600,000 to consolidate the campuses at the University
Drive and H. John Heinz III Divisions in Pittsburgh,
Pennsylvania.
The Compromise Agreement contains the House provision with
an amendment to provide $568,000,000 for the replacement of
the VA Medical Center at Denver, Colorado.
Authorization of Fiscal Year 2009 Major Medical Facility
Leases (sec. 703)
Section 703 of S. 2969 would authorize fiscal year 2009
major medical facility leases as follows:
$4,326,000 for an outpatient clinic in Brandon, Florida.
$10,300,000 for a community-based outpatient clinic in
Colorado Springs, Colorado.
$5,826,000 for an outpatient clinic in Eugene, Oregon.
$5,891,000 to expand an outpatient clinic in Green Bay,
Wisconsin.
$3,731,000 for an outpatient clinic in Greenville, South
Carolina.
$2,212,000 for a community-based outpatient clinic in
Mansfield, Ohio.
$6,276,000 for a satellite outpatient clinic in Mayaguez,
Puerto Rico.
$5,106,000 for a community-based outpatient clinic in
Southeast Phoenix, Mesa, Arizona.
$8,636,000 for interim research space in Palo Alto,
California.
[[Page 21118]]
$3,168,000 to expand a community-based outpatient clinic in
Savannah, Georgia.
$2,295,000 for a community-based outpatient clinic in
Northwest Phoenix, Sun City, Arizona.
$8,652,000 for a primary care annex in Tampa, Florida.
Section 102 of H.R. 6832 included the same provisions,
except that it provided $3,995,000 for Colorado Springs.
The Compromise Agreement includes the Senate provisions.
Authorization of Appropriations (sec. 704)
Section 704 of S. 2969 would authorize for appropriations:
$477,700,000 for the aforementioned list of major medical
facility projects authorized for fiscal year 2009.
$625,000,000 for the aforementioned list of major medical
facility construction projects previously authorized.
$66,419,000 for the aforementioned list of major facility
leases authorized for fiscal year 2009.
S. 2969 also identified funding sources which may be used
to carry out major medical facility projects authorized for
fiscal year 2009 and for those projects previously
authorized.
Section 105 of H.R. 6832 would authorize for
appropriations:
$345,900,000 for the aforementioned list of major medical
facility projects authorized for fiscal year 2009.
$1,694,295,000 for the aforementioned list of major medical
facility construction projects previously authorized.
$54,475,000 for the aforementioned list of major facility
leases authorized for fiscal year 2009.
The Compromise Agreement includes the House provision, with
amendments to provide $1,493,495,000 for major facility
construction projects previously authorized and $70,019,000
for major facility leases authorized for fiscal year 2009.
The Agreement also includes the provision in S. 2969 on
allowable funding sources to carry out major medical facility
projects.
Increase in Threshold for Major Medical Facility Leases
Requiring Congressional Approval (sec. 705)
Section 705 of S. 2969 would increase the threshold for
major medical facility leases requiring Congressional
approval from $600,000 to $1,000,000.
H.R. 6832 contained no comparable provision.
The Compromise Agreement contains the Senate provision.
Conveyance of Certain Non-Federal Land by City of Aurora,
Colorado, to Secretary of Veterans Affairs for
Construction of Veterans Medical Facility (sec. 706)
Section 706 of S. 2969 would allow the city of Aurora to
donate non-Federal land for use by the Secretary of Veterans
Affairs no later than 60 days after the enactment of this
section.
H.R. 6832 contained no comparable provision.
The Compromise Agreement contains the Senate provision.
Report on facilities administration (sec. 707)
Section 106 of H.R. 6832 would require the Secretary of
Veterans Affairs to submit a report on facilities
administration no later than 60 days after the date of the
enactment of this section.
S. 2969 contained no comparable provision
The Compromise Agreement includes the House provision.
Annual report on outpatient clinics (sec. 708)
Section 107 of H.R. 6832 would require an annual report on
outpatient clinics no later than the date on which the budget
for the next fiscal year is submitted to the Congress under
section 1105 of title 31.
S. 2969 contained no comparable provision.
The Compromise Agreement includes the House provision.
Name of Department of Veterans Affairs Spinal Cord Injury
Center, Tampa, Florida (sec. 709)
H.R. 4264 would name the VA spinal cord injury center in
Tampa Florida, ``Michael Bilirakis Department of Veterans
Affairs Spinal Cord Injury Center.''
S. 2969 contained no comparable provision.
The Compromise Agreement includes the House provision.
Title VIII--Extension of Certain Authorities
Repeal of Sunset on Inclusion of Non-institutional Extended
Care Services in Definition of Medical Services (sec.
801)
Section 201 of S. 2969 would amend section 1701 of title 38
to repeal the December 31, 2008, sunset on the inclusion of
non-institutional extended care services in the definition of
medical services.
Sec. 201 of H.R. 6832 contained an identical provision.
The Compromise Agreement contains the provision.
Extension of Recovery Audit Authority (sec. 802)
Section 202 of S. 2969 would amend section 1703(d)(4) of
title 38 to extend the recovery audit authority for fee-basis
contracts and other medical services contracts in non-VA
facilities from September 30, 2008, to September 30, 2013.
Sec. 202 of H.R. 6832 contained an identical provision.
The Compromise Agreement contains the provision.
Permanent Authority for Provision of Hospital Care, Medical
Services, and Nursing Home Care to Veterans who
Participated in Certain Chemical and Biological Testing
Conducted by the Department of Defense (sec. 803)
Section 203 of S. 2969 would amend subsection (e)(3) of
section 1710 of title 38 to provide permanent authority for
the provision of hospital care, medical services, and nursing
home care to veterans who participated in certain chemical
and biological testing conducted by the Department of
Defense.
Section 203 of H.R. 6832 contained an identical provision.
The Compromise Agreement contains the provision.
Extension of Expiring Collections Authorities (sec. 804)
S. 2969 contained no comparable provision.
Section 204 of H.R. 6832 would extend the expiring
collections authorities for the following: a) amend section
1710(f)(2)(B) of title 38 to extend health care copayments
from September 30, 2008, under current law, to September 30,
2010; and b) amend section 1729 (a)(2)(E) of title 38 to
extend the medical care cost recovery from October 1, 2008,
to October 1, 2010.
The Compromise Agreement contains the House provision.
Extension of Nursing Home Care (sec. 805)
Section 202 of S. 2969 would amend 1710A(d) of title 38 to
provide nursing home care to veterans with service-connected
disability, which expires on December 31, 2008, to December
31, 2013.
Section 205 of H.R. 6832 contained an identical provision.
The Compromise Agreement contains the provision.
Permanent Authority to Establish Research Corporations (sec.
806)
Section 607 of S. 2969 would strike section 7368 of title
38 to provide permanent authority to establish research
corporations
Section 207 of H.R. 6832 contained an identical provision.
The Compromise Agreement contains the provision.
Extension of Requirement to Submit Annual Report on the
Committee on Care of Severely Chronically Mentally Ill
Veterans (sec. 807)
Section 210 of H.R. 6832 would amend section 7321(d)(2) of
title 38 to extend the requirement to submit an annual report
on the committee on care of severely chronically mentally ill
veterans through 2012.
S. 2969 contained no comparable provision.
The Compromise Agreement contains the House provision.
Permanent Requirement for Biannual Report on Women's Advisory
Committee (sec. 808)
Section 211 of H.R. 6832 would amend section 542(c)(1) of
title 38 to provide for a permanent requirement for a
biannual report by the women's advisory committee on the
needs of women veterans including compensation, health care,
rehabilitation, outreach, and other benefits and programs
administered by the VA.
S. 2969 contained no comparable provision.
The Compromise Agreement contains the House provision.
Extension of Pilot Program on Improvement of Caregiver
Assistance Services (sec. 809)
Section 222 of S. 2969 would extend the pilot program on
improvement of caregiver assistance services for a three-year
period through fiscal year 2009.
H.R. 6832 contained no comparable provision.
The Compromise Agreement includes the Senate provision.
Title IX--Other Matters
Technical Amendments (sec. 901)
Section 303 of H.R. 6832 would provide for technical
amendments for the following sections of title 38: 1712A;
2065(b)(3)(C); 4110(c)(1); 7458(b)(2); 8117(a)(1); 1708(d);
7314(f); 7320(j)(2); 7325(i)(2); and 7328(i)(2). It also
would provide for technical amendments to the table of
sections at the beginning of chapter 36 and chapter 51, as
well as amend section 807(e) of the Veterans Benefits, Health
Care, and Information Technology Act of 2006 (Public Law 109-
461) to replace the phrase `Medical Care' with `Medical
Facilities.'
S. 2969 contained no comparable provision.
The Compromise Agreement contains the House provision.
Ms. BERKLEY. Madam Speaker, I am grateful for the opportunity to be
part of this important legislation which expands mental health services
for PTSD and substance use
[[Page 21119]]
disorders, among other initiatives, for the brave men and women who
have selflessly served our nation.
Nationally, one in five veterans returning from Iraq and Afghanistan
suffers from PTSD. Twenty-three percent of members of the Armed Forces
on active duty acknowledge a significant problem with alcohol use. It
is vital that our veterans receive the help they need to deal with
these conditions.
The effects of substance abuse are wide ranging, including
significantly increased risk of suicide, exacerbation of mental and
physical health disorders, breakdown of family support, and increased
risk of unemployment and homelessness. Veterans suffering from mental
health issues are at an increased risk for developing a substance abuse
disorder.
A constituent of mine, Lance Corporal Justin Bailey, was a 1998
graduate of Las Vegas High School. Upon returning from a tour of duty
in Iraq, he was diagnosed with PTSD, and was discharged from the
Marines in 2004. He developed a substance abuse disorder and checked
himself into a VA facility in West Los Angeles. After being given 5
medications on a self-medication policy, Justin overdosed and died on
January 26, 2007.
Justin's parents were treated with indifference and apathy at the
West LA facility. They were even handed Justin's belongings in a trash
bag. Last August, 8 months after Justin's death, the Baileys returned
to Los Angeles to meet with the Chief of Staff at the West LA VA
Hospital. They came away from the meeting feeling the Chief of Staff
had been completely unprepared and seemed out of touch with the needs
of veterans. He even went so far as to state his staff does not know
how to treat veterans of Iraq and Afghanistan because they are young
and the staff is not tough enough on the younger veterans--giving them
anything they ask for.
I introduced the House companion bill to S. 2162--the Mental Health
Improvements Act, H.R. 4053--because it is imperative that we provide
adequate mental health services for those who have sacrificed for this
great nation and those who continue to serve. I am so thankful that the
House is considering S. 2162 today.
Passage of this bill will help to ensure that we have the mental
health resources and substance abuse treatment programs needed to care
for our veterans.
The assessments of residential mental health facilities required by
the bill will help tell us how well the VA is performing and what we
can do to improve these services, including expanding availability at
VA hospitals.
The availability of treatment for PTSD, including substance use
disorder counseling, literally saves lives--so this must remain a top
priority. A review of the services provided to our veterans is needed
to ensure that what happened to Justin does not happen to anyone else.
I am grateful that this bill also contains the final authorization
for the new Las Vegas VA Medical Complex that is so desperately needed
in Southern Nevada. The complex will feature a 90-bed inpatient
hospital, 120-bed nursing home for veterans, and an outpatient clinic.
The complex will be over 900,000 square feet and is scheduled to open
by mid-2011.
I want to thank both the Chairmen and Ranking Members of the House
and Senate Veterans' Affairs Committees for working together to come to
a compromise on a bill that contains many vital initiatives for our
veterans. I whole-heartedly support S. 2162 and I urge my colleagues to
do the same.
Mr. FILNER. Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Filner) that the House suspend the rules
and pass the Senate bill, S. 2162, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the Senate bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________
VETERANS' BENEFITS IMPROVEMENT ACT OF 2008
Mr. FILNER. Madam Speaker, I move to suspend the rules and pass the
Senate bill (S. 3023) to amend title 38, United States Code, to improve
and enhance compensation and pension, housing, labor and education, and
insurance benefits for veterans, and for other purposes, as amended.
The Clerk read the title of the Senate bill.
The text of the Senate bill is as follows:
S. 3023
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Veterans'
Benefits Improvement Act of 2008''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Reference to title 38, United States Code.
TITLE I--COMPENSATION AND PENSION MATTERS
Sec. 101. Regulations on contents of notice to be provided claimants by
the Department of Veterans Affairs regarding the
substantiation of claims.
Sec. 102. Judicial review of adoption and revision by the Secretary of
Veterans Affairs of the schedule of ratings for
disabilities of veterans.
Sec. 103. Conforming amendment relating to non-deductibility from
veterans' disability compensation of disability severance
pay for disabilities incurred by members of the Armed
Forces in combat zones.
Sec. 104. Report on progress of the Secretary of Veterans Affairs in
addressing causes for variances in compensation payments
for veterans for service-connected disabilities.
Sec. 105. Extension of temporary authority for the performance of
medical disability examinations by contract physicians.
Sec. 106. Addition of osteoporosis to disabilities presumed to be
service-connected in former prisoners of war with post-
traumatic stress disorder.
TITLE II--MODERNIZATION OF DEPARTMENT OF VETERANS AFFAIRS DISABILITY
COMPENSATION SYSTEM
Subtitle A--Benefits Matters
Sec. 211. Authority for temporary disability ratings.
Sec. 212. Substitution upon death of claimant.
Sec. 213. Report on compensation of veterans for loss of earning
capacity and quality of life and on long-term transition
payments to veterans undergoing rehabilitation for
service-connected disabilities.
Sec. 214. Advisory Committee on Disability Compensation.
Subtitle B--Assistance and Processing Matters
Sec. 221. Pilot programs on expedited treatment of fully developed
claims and provision of checklists to individuals
submitting claims.
Sec. 222. Office of Survivors Assistance.
Sec. 223. Comptroller General report on adequacy of dependency and
indemnity compensation to maintain survivors of veterans
who die from service-connected disabilities.
Sec. 224. Independent assessment of quality assurance program.
Sec. 225. Certification and training of employees of the Veterans
Benefits Administration responsible for processing
claims.
Sec. 226. Study of performance measures for claims adjudications of the
Veterans Benefits Administration.
Sec. 227. Review and enhancement of use of information technology in
Veterans Benefits Administration.
Sec. 228. Study and report on improving access to medical advice.
TITLE III--LABOR AND EDUCATION MATTERS
Subtitle A--Labor and Employment Matters
Sec. 311. Reform of USERRA complaint process.
Sec. 312. Modification and expansion of reporting requirements with
respect to enforcement of USERRA.
Sec. 313. Training for executive branch human resources personnel on
employment and reemployment rights of members of the
uniformed services.
Sec. 314. Report on the employment needs of Native American veterans
living on tribal lands.
Sec. 315. Equity powers.
Sec. 316. Waiver of residency requirement for Directors for Veterans'
Employment and Training.
Sec. 317. Modification of special unemployment study to cover veterans
of Post 9/11 Global Operations.
Subtitle B--Education Matters
Sec. 321. Modification of period of eligibility for Survivors' and
Dependents' Educational Assistance of certain spouses of
individuals with service-connected disabilities total and
permanent in nature.
Sec. 322. Repeal of requirement for report to the Secretary of Veterans
Affairs on prior training.
[[Page 21120]]
Sec. 323. Modification of waiting period before affirmation of
enrollment in a correspondence course.
Sec. 324. Change of programs of education at the same educational
institution.
Sec. 325. Repeal of certification requirement with respect to
applications for approval of self-employment on-job
training.
Sec. 326. Coordination of approval activities in the administration of
education benefits.
Subtitle C--Vocational Rehabilitation Matters
Sec. 331. Waiver of 24-month limitation on program of independent
living services and assistance for veterans with a severe
disability incurred in the Post-9/11 Global Operations
period.
Sec. 332. Increase in cap of number of veterans participating in
independent living program.
Sec. 333. Report on measures to assist and encourage veterans in
completing vocational rehabilitation.
Sec. 334. Longitudinal study of Department of Veterans Affairs
vocational rehabilitation programs.
TITLE IV--INSURANCE MATTERS
Sec. 401. Report on inclusion of severe and acute post-traumatic stress
disorder among conditions covered by traumatic injury
protection coverage under Servicemembers' Group Life
Insurance.
Sec. 402. Treatment of stillborn children as insurable dependents under
Servicemembers' Group Life Insurance.
Sec. 403. Other enhancements of Servicemembers' Group Life Insurance
coverage.
Sec. 404. Administrative costs of service disabled veterans' insurance.
TITLE V--HOUSING MATTERS
Sec. 501. Temporary increase in maximum loan guaranty amount for
certain housing loans guaranteed by Secretary of Veterans
Affairs.
Sec. 502. Report on impact of mortgage foreclosures on veterans.
Sec. 503. Requirement for regular updates to handbook for design
furnished to veterans eligible for specially adapted
housing assistance by Secretary of Veterans Affairs.
Sec. 504. Enhancement of refinancing of home loans by veterans.
Sec. 505. Extension of certain veterans home loan guaranty programs.
TITLE VI--COURT MATTERS
Sec. 601. Temporary increase in number of authorized judges of the
United States Court of Appeals for Veterans Claims.
Sec. 602. Protection of privacy and security concerns in court records.
Sec. 603. Recall of retired judges of the United States Court of
Appeals for Veterans Claims.
Sec. 604. Annual reports on workload of the United States Court of
Appeals for Veterans Claims.
Sec. 605. Additional discretion in imposition of practice and
registration fees.
TITLE VII--ASSISTANCE TO UNITED STATES PARALYMPIC INTEGRATED ADAPTIVE
SPORTS PROGRAM
Sec. 701. Findings and purpose.
Sec. 702. Department of Veterans Affairs provision of assistance to
United States Paralympics, Inc.
Sec. 703. Department of Veterans Affairs Office of National Veterans
Sports Programs and Special Events.
Sec. 704. Comptroller General report.
TITLE VIII--OTHER MATTERS
Sec. 801. Authority for suspension or termination of claims of the
United States against individuals who died while serving
on active duty in the Armed Forces.
Sec. 802. Three-year extension of authority to carry out income
verification.
Sec. 803. Maintenance, management, and availability for research of
assets of Air Force Health Study.
Sec. 804. National Academies study on risk of developing multiple
sclerosis as a result of certain service in the Persian
Gulf War and Post 9/11 Global Operations theaters.
Sec. 805. Termination or suspension of contracts for cellular telephone
service for certain servicemembers.
Sec. 806. Contracting goals and preferences for veteran-owned small
business concerns.
Sec. 807. Penalties for violation of interest rate limitation under
Servicemembers Civil Relief Act.
Sec. 808. Five-year extension of sunset provision for Advisory
Committee on Minority Veterans.
Sec. 809. Authority of Secretary of Veterans Affairs to advertise to
promote awareness of benefits under laws administered by
the Secretary.
Sec. 810. Memorial headstones and markers for deceased remarried
surviving spouses of veterans.
SEC. 2. REFERENCE TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this
Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of title 38, United States Code.
TITLE I--COMPENSATION AND PENSION MATTERS
SEC. 101. REGULATIONS ON CONTENTS OF NOTICE TO BE PROVIDED
CLAIMANTS BY THE DEPARTMENT OF VETERANS AFFAIRS
REGARDING THE SUBSTANTIATION OF CLAIMS.
(a) In General.--Section 5103(a) is amended--
(1) by inserting ``(1)'' before ``Upon receipt''; and
(2) by adding at the end the following new paragraph:
``(2)(A) The Secretary shall prescribe in regulations
requirements relating to the contents of notice to be
provided under this subsection.
``(B) The regulations required by this paragraph--
``(i) shall specify different contents for notice based on
whether the claim concerned is an original claim, a claim for
reopening a prior decision on a claim, or a claim for an
increase in benefits;
``(ii) shall provide that the contents for such notice be
appropriate to the type of benefits or services sought under
the claim;
``(iii) shall specify for each type of claim for benefits
the general information and evidence required to substantiate
the basic elements of such type of claim; and
``(iv) shall specify the time period limitations required
pursuant to subsection (b).''.
(b) Applicability.--The regulations required by paragraph
(2) of section 5103(a) of title 38, United States Code (as
amended by subsection (a) of this section), shall apply with
respect to notices provided to claimants on or after the
effective date of such regulations.
SEC. 102. JUDICIAL REVIEW OF ADOPTION AND REVISION BY THE
SECRETARY OF VETERANS AFFAIRS OF THE SCHEDULE
OF RATINGS FOR DISABILITIES OF VETERANS.
Section 502 is amended by striking ``(other than an action
relating to the adoption or revision of the schedule of
ratings for disabilities adopted under section 1155 of this
title)''.
SEC. 103. CONFORMING AMENDMENT RELATING TO NON-DEDUCTIBILITY
FROM VETERANS' DISABILITY COMPENSATION OF
DISABILITY SEVERANCE PAY FOR DISABILITIES
INCURRED BY MEMBERS OF THE ARMED FORCES IN
COMBAT ZONES.
(a) Conforming Amendment.--Section 1646 of the Wounded
Warrior Act (title XVI of Public Law 110-181; 122 Stat. 472)
is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Conforming Amendment.--Section 1161 of title 38,
United States Code, is amended by striking `as required by
section 1212(c) of title 10' and inserting `to the extent
required by section 1212(d) of title 10'.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on January 28, 2008 (the date of the
enactment of the Wounded Warrior Act), as if included in that
Act, to which they relate.
SEC. 104. REPORT ON PROGRESS OF THE SECRETARY OF VETERANS
AFFAIRS IN ADDRESSING CAUSES FOR VARIANCES IN
COMPENSATION PAYMENTS FOR VETERANS FOR SERVICE-
CONNECTED DISABILITIES.
(a) Report Required.--Not later than one year after the
date of the enactment of this Act, the Secretary of Veterans
Affairs shall submit to the Committee on Veterans' Affairs of
the Senate and the Committee on Veterans' Affairs of the
House of Representatives a report describing the progress of
the Secretary in addressing the causes of unacceptable
variances in compensation payments for veterans for service-
connected disabilities.
(b) Elements.--The report required under subsection (a)
shall include the following:
(1) A description of the efforts of the Veterans Benefits
Administration to coordinate with the Veterans Health
Administration to improve the quality of examinations of
veterans with service-connected disabilities that are
performed by the Veterans Health Administration and contract
clinicians, including efforts relating to the use of approved
templates for such examinations and of reports on such
examinations that are based on such templates prepared in an
easily-readable format.
(2) An assessment of the current personnel requirements of
the Veterans Benefits Administration, including an assessment
of the
[[Page 21121]]
adequacy of the number of personnel assigned to each regional
office of the Administration for each type of claim
adjudication position.
(3) A description of the differences, if any, in current
patterns of claims submitted to the Secretary of Veterans
Affairs regarding ratings for service-connected disabilities
among various populations of veterans, including veterans
living in rural and highly rural areas, minority veterans,
veterans who served in the National Guard or Reserve, and
veterans who are retired from the Armed Forces, and a
description and assessment of efforts undertaken to reduce
such differences.
SEC. 105. EXTENSION OF TEMPORARY AUTHORITY FOR THE
PERFORMANCE OF MEDICAL DISABILITY EXAMINATIONS
BY CONTRACT PHYSICIANS.
Section 704(c) of the Veterans Benefits Act of 2003 (Public
Law 108-183; 117 Stat. 2651; 38 U.S.C. 5101 note) is amended
by striking ``December 31, 2009'' and inserting ``December
31, 2010''.
SEC. 106. ADDITION OF OSTEOPOROSIS TO DISABILITIES PRESUMED
TO BE SERVICE-CONNECTED IN FORMER PRISONERS OF
WAR WITH POST-TRAUMATIC STRESS DISORDER.
Section 1112(b)(2) is amended by adding at the end the
following new subparagraph:
``(F) Osteoporosis, if the Secretary determines that the
veteran has post-traumatic stress disorder (PTSD).''.
TITLE II--MODERNIZATION OF DEPARTMENT OF VETERANS AFFAIRS DISABILITY
COMPENSATION SYSTEM
Subtitle A--Benefits Matters
SEC. 211. AUTHORITY FOR TEMPORARY DISABILITY RATINGS.
(a) In General.--Chapter 11 is amended by inserting after
section 1155 the following new section:
``Sec. 1156. Temporary disability ratings
``(a) Assignment of Temporary Ratings.--(1) For the purpose
of providing disability compensation under this chapter to
veterans, the Secretary shall assign a temporary disability
rating to a veteran as follows:
``(A) To a veteran who--
``(i) was discharged or released from active duty not more
than 365 days before the date such veteran submits a claim
for disability compensation under this chapter;
``(ii) has one or more disabilities for which a rating of
total is not immediately assignable--
``(I) under the regular provisions of the schedule of
ratings; or
``(II) on the basis of individual unemployability; and
``(iii) has one or more--
``(I) severe disabilities that result in substantially
gainful employment not being feasible or advisable; or
``(II) healed, unhealed, or incompletely healed wounds or
injuries that make material impairment of employability
likely.
``(B) To a veteran who, as a result of a highly stressful
in-service event, has a mental disorder that is severe enough
to bring about the veteran's discharge or release from active
duty.
``(C) To a veteran who has a service-connected disability
that requires hospital treatment or observation in a
Department of Veterans Affairs or approved hospital for a
period in excess of 21 days.
``(D) To a veteran who has a service-connected disability
that has required convalescent care or treatment at hospital
discharge (regular discharge or release to non-bed care) or
outpatient release that meets the requirements of regulations
prescribed by the Secretary.
``(2) With respect to a veteran described in paragraph
(1)(A), the Secretary may assign a temporary disability
rating to such veteran regardless of whether such veteran has
obtained a medical examination or a medical opinion
concerning such veteran's disability.
``(3) With respect to a veteran described in paragraph
(1)(B), the Secretary shall schedule a medical examination
for such veteran not later than six months after the
separation or discharge of such veteran from active duty.
``(b) Termination of Temporary Disability Ratings.--(1)
Except as provided in paragraph (2), a temporary disability
rating assigned to a veteran under this section shall remain
in effect as follows:
``(A) For a veteran who is assigned a temporary disability
rating under subsection (a)(1)(A), until the later of the
date that is--
``(i) 12 months after the date of discharge or release from
active duty; or
``(ii) provided in regulations prescribed by the Secretary.
``(B) For a veteran who is assigned a temporary disability
rating under subsection (a)(1)(B), until the date on which a
rating decision is issued to such veteran following the
medical examination scheduled under subsection (a)(3).
``(C) For a veteran who is assigned a temporary disability
rating under subsection (a)(1)(C), until the later of the
date that is--
``(i) the last day of the month in which the veteran is
discharged from the hospital as described in such subsection
(a)(1)(C); or
``(ii) provided in regulations prescribed by the Secretary.
``(D) For a veteran who is assigned a temporary disability
rating under subsection (a)(1)(D), until the date that is
provided in regulations prescribed by the Secretary.
``(2) The Secretary may extend a temporary disability
rating assigned to a veteran under subsection (a) beyond the
applicable termination date under paragraph (1) if the
Secretary determines that such an extension is appropriate.
``(c) Regulations.--The Secretary shall prescribe
regulations to carry out the provisions of this section.
``(d) Construction.--Nothing in this section shall be
construed to preclude the Secretary from providing a
temporary disability rating under an authority other than
this section.''.
(b) Application.--Section 1156(a)(1) of title 38, United
States Code, as added by subsection (a), shall apply with
respect to a veteran who is discharged or released from
active duty (as defined in section 101 of title 38, United
States Code) on or after the date of the enactment of this
Act.
(c) Clerical Amendment.--The table of sections at the
beginning of chapter 11 is amended by inserting after the
item relating to section 1155 the following new item:
``1156. Temporary disability ratings.''.
SEC. 212. SUBSTITUTION UPON DEATH OF CLAIMANT.
(a) In General.--Chapter 51 is amended by inserting after
section 5121 the following new section:
``Sec. 5121A. Substitution in case of death of claimant
``(a) Substitution.--(1) If a claimant dies while a claim
for any benefit under a law administered by the Secretary, or
an appeal of a decision with respect to such a claim, is
pending, a living person who would be eligible to receive
accrued benefits due to the claimant under section 5121(a) of
this title may, not later than one year after the date of the
death of such claimant, file a request to be substituted as
the claimant for the purposes of processing the claim to
completion.
``(2) Any person seeking to be substituted for the claimant
shall present evidence of the right to claim such status
within such time as prescribed by the Secretary in
regulations.
``(3) Substitution under this subsection shall be in
accordance with such regulations as the Secretary may
prescribe.
``(b) Limitation.--Those who are eligible to make a claim
under this section shall be determined in accordance with
section 5121 of this title.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 51 is amended by inserting after the
item relating to section 5121 the following new item:
``5121A. Substitution in case of death of claimant.''.
(c) Effective Date.--Section 5121A of title 38, United
States Code, as added by subsection (a), shall apply with
respect to the claim of any claimant who dies on or after the
date of the enactment of this Act.
SEC. 213. REPORT ON COMPENSATION OF VETERANS FOR LOSS OF
EARNING CAPACITY AND QUALITY OF LIFE AND ON
LONG-TERM TRANSITION PAYMENTS TO VETERANS
UNDERGOING REHABILITATION FOR SERVICE-CONNECTED
DISABILITIES.
(a) Report Required.--Not later than 210 days after the
date of the enactment of this Act, the Secretary of Veterans
Affairs shall submit to Congress a report on the findings of
the Secretary as a result of the following studies:
(1) The most recent study of the Secretary on the
appropriate levels of disability compensation to be paid to
veterans to compensate for loss of earning capacity and
quality of life as a result of service-related disabilities.
(2) The most recent study of the Secretary on the
feasability and appropriate level of long-term transition
payments to veterans who are separated from the Armed Forces
due to disability while such veterans are undergoing
rehabilitation for such disability.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A comprehensive description of the findings and
recommendations of the Secretary as a result of the studies
described in subsection (a).
(2) A description of the actions proposed to be taken by
the Secretary in light of such findings and recommendations,
including a description of any modification of the schedule
for rating disabilities of veterans under section 1155 of
title 38, United States Code, proposed to be undertaken by
the Secretary and of any other modification of policy or
regulations proposed to be undertaken by the Secretary.
(3) For each action proposed to be taken as described in
paragraph (2), a proposed schedule for the taking of such
action, including a schedule for the commencement and
completion of such action.
(4) A description of any legislative action required in
order to authorize, facilitate, or enhance the taking of any
action proposed to be taken as described in paragraph (2).
SEC. 214. ADVISORY COMMITTEE ON DISABILITY COMPENSATION.
(a) In General.--Subchapter III of chapter 5 is amended by
adding at the end the following new section:
[[Page 21122]]
``Sec. 546. Advisory Committee on Disability Compensation
``(a) Establishment.--(1) There is in the Department the
Advisory Committee on Disability Compensation (in this
section referred to as the `Committee').
``(2) The Committee shall consist of not more than 18
members appointed by the Secretary from among individuals
who--
``(A) have experience with the provision of disability
compensation by the Department; or
``(B) are leading medical or scientific experts in relevant
fields.
``(3)(A) Except as provided in subparagraph (B), the
Secretary shall determine the terms of service and pay and
allowances of the members of the Committee.
``(B) A term of service may not exceed four years and shall
be staggered to ensure that the dates for the termination of
the members' terms are not all the same.
``(C) The Secretary may reappoint any member for one or
more additional terms of service.
``(4) The Secretary shall select a Chair from among the
members of the Committee.
``(b) Responsibilities of Committee.--(1) The Secretary
shall, on a regular basis, consult with and seek the advice
of the Committee with respect to the maintenance and periodic
readjustment of the schedule for rating disabilities under
section 1155 of this title.
``(2)(A) In providing advice to the Secretary under this
subsection, the Committee shall--
``(i) assemble and review relevant information relating to
the needs of veterans with disabilities;
``(ii) provide information relating to the nature and
character of disabilities arising from service in the Armed
Forces;
``(iii) provide an on-going assessment of the effectiveness
of the schedule for rating disabilities; and
``(iv) provide on-going advice on the most appropriate
means of responding to the needs of veterans relating to
disability compensation in the future.
``(B) In carrying out its duties under subparagraph (A),
the Committee shall take into special account the needs of
veterans who have served in a theater of combat operations.
``(c) Resources.--The Secretary shall ensure that
appropriate personnel, funding, and other resources are
provided to the Committee to carry out its responsibilities.
``(d) Biennial Reports to the Secretary.--(1) Not later
than October 31, 2010, and not less frequently than every two
years thereafter, the Committee shall submit to the Secretary
a report on the programs and activities of the Department
that relate to the payment of disability compensation. Each
such report shall include--
``(A) an assessment of the needs of veterans with respect
to disability compensation; and
``(B) such recommendations (including recommendations for
administrative or legislative action) as the Committee
considers appropriate.
``(2) The Committee may submit to the Secretary such other
reports and recommendations as the Committee considers
appropriate.
``(e) Biennial Reports to Congress.--(1) Not later than 90
days after the receipt of a report required under subsection
(d)(1), the Secretary shall transmit to the Committee on
Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a copy of
such report, together with such comments and recommendations
concerning such report as the Secretary considers
appropriate.
``(2) The Secretary shall submit with each report required
under paragraph (1) a summary of all reports and
recommendations of the Committee submitted to the Secretary
under subsection (d)(2) since the previous report transmitted
by the Secretary under paragraph (1) of this subsection.
``(f) Applicability of Federal Advisory Committee Act.--(1)
Except as provided in paragraph (2), the provisions of the
Federal Advisory Committee Act (5 U.S.C. App.) shall apply to
the activities of the Committee under this section.
``(2) Section 14 of such Act shall not apply to the
Committee.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end of
the items relating to subchapter III the following new item:
``546. Advisory Committee on Disability Compensation.''.
Subtitle B--Assistance and Processing Matters
SEC. 221. PILOT PROGRAMS ON EXPEDITED TREATMENT OF FULLY
DEVELOPED CLAIMS AND PROVISION OF CHECKLISTS TO
INDIVIDUALS SUBMITTING CLAIMS.
(a) Pilot Program on Expedited Treatment of Fully Developed
Claims.--
(1) In general.--The Secretary of Veterans Affairs shall
carry out a pilot program to assess the feasibility and
advisability of providing expeditious treatment of fully
developed compensation or pension claims to ensure that such
claims are adjudicated not later than 90 days after the date
on which such claim is submitted as fully developed.
(2) Duration of pilot program.--The pilot program under
this subsection shall be carried out during the one-year
period beginning on the date that is 60 days after the date
of the enactment of this Act.
(3) Program locations.--The pilot program under this
subsection shall be carried out at 10 regional offices of the
Department of Veterans Affairs selected by the Secretary for
purposes of such pilot program.
(4) Fully developed claim defined.--For purposes of this
subsection, the term ``fully developed claim'' means a claim
for a benefit under a law administered by the Secretary--
(A) for which the claimant--
(i) received assistance from a veterans service officer, a
State or country veterans service officer, an agent, or an
attorney; or
(ii) submits along with the claim an appropriate indication
that the claimant does not intend to submit any additional
information or evidence in support of the claim and does not
require additional assistance with respect to the claim; and
(B) for which the claimant--
(i) submits a certification in writing that is signed and
dated by the claimant stating that, as of such date, no
additional information or evidence is available or needs to
be submitted in order for the claim to be adjudicated; and
(ii) for which the claimant's representative, if any,
submits a certification in writing that is signed and dated
by the representative stating that, as of such date, no
additional information or evidence is available or needs to
be submitted in order for the claim to be adjudicated.
(b) Pilot Program on Provision of Checklists to Individuals
Submitting Claims.--
(1) In general.--The Secretary shall carry out a pilot
program to assess the feasibility and advisability of
providing to a claimant for whom the Secretary is required
under section 5103(a) of title 38, United States Code, to
provide notice of required information and evidence to such
claimant and such claimant's representative, if any, a
checklist that includes information or evidence required to
be submitted by the claimant to substantiate the claim.
(2) Duration of pilot program.--The pilot program under
this subsection shall be carried out--
(A) for original claims filed after the date of the
enactment of this Act, during the one-year period beginning
on the date that is 60 days after the date of the enactment
of this Act; and
(B) for claims to reopen and for claims for increased
ratings that were filed after the date of the enactment of
this Act, during the three-year period beginning on the date
that is 60 days after the date of the enactment of this Act.
(3) Program locations.--The pilot program under this
subsection shall be carried out at four regional offices of
the Department selected by the Secretary for purposes of such
pilot program.
(4) Construction.--A checklist provided under the pilot
program under this subsection--
(A) shall be construed to be an addendum to a notice
provided under section 5103(a) of title 38, United Sates
Code; and
(B) shall not be considered as part of such notice for
purposes of reversal or remand of a decision of the
Secretary.
(c) Reports.--
(1) First initial report.--Not later than 335 days after
the date of the enactment of this Act, the Secretary shall
submit to Congress a report on the pilot program under
subsection (a) and the pilot program under subsection (b)
with respect to claims described in subsection (b)(2)(A).
(2) Second interim report.--Not later than 1,065 days after
the date of the enactment of this Act, the Secretary shall
submit to Congress a report on the pilot program under
subsection (b) with respect to claims described in subsection
(b)(2)(B).
(3) Elements of interim reports.--The reports required by
paragraphs (1) and (2) shall include the following:
(A) Data concerning the number and type of claims covered
by the respective pilot program.
(B) The findings of the Secretary with respect to the
respective pilot program.
(C) The recommendations of the Secretary on the feasibility
and advisability of continuing or expanding the respective
pilot program and any necessary modifications to such pilot
program for continuation or expansion.
(D) Such other information as the Secretary considers
appropriate.
(4) Final report.--Not later than 180 days after the
completion of each pilot program carried out under this
section, the Secretary shall submit to Congress a final
report on the feasibility and advisability of continuing or
expanding the respective pilot program.
SEC. 222. OFFICE OF SURVIVORS ASSISTANCE.
(a) In General.--Chapter 3 is amended by adding at the end
the following new section:
``Sec. 321. Office of Survivors Assistance
``(a) Establishment.--The Secretary shall establish in the
Department an Office of Survivors Assistance (in this section
referred to as the `Office') to serve as a resource regarding
all benefits and services furnished by the Department--
[[Page 21123]]
``(1) to survivors and dependents of deceased veterans; and
``(2) to survivors and dependents of deceased members of
the Armed Forces.
``(b) Advisory Duties.--The Office shall serve as a primary
advisor to the Secretary on all matters related to the
policies, programs, legislative issues, and other initiatives
affecting the survivors and dependents described in
subsection (a).
``(c) Guidance From Stakeholders.--In establishing the
Office, the Secretary shall seek guidance from interested
stakeholders.
``(d) Resources.--The Secretary shall ensure that
appropriate personnel, funding, and other resources are
provided to the Office to carry out its responsibilities.
``(e) Inclusion of Information on Office in Annual Report
on Department Activities.--The Secretary shall include in
each annual Performance and Accountability report submitted
by the Secretary to Congress a description of the activities
of the Office during the fiscal year covered by such
report.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``321. Office of Survivors Assistance.''.
SEC. 223. COMPTROLLER GENERAL REPORT ON ADEQUACY OF
DEPENDENCY AND INDEMNITY COMPENSATION TO
MAINTAIN SURVIVORS OF VETERANS WHO DIE FROM
SERVICE-CONNECTED DISABILITIES.
(a) Report Required.--Not later than 10 months after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit to the Committees on Veterans'
Affairs and Appropriations of the Senate and the Committees
on Veterans' Affairs and Appropriations of the House of
Representatives a report on the adequacy of dependency and
indemnity compensation payable under chapter 13 of title 38,
United States Code, to surviving spouses and dependents of
veterans who die as a result of a service-connected
disability in replacing the deceased veteran's income.
(b) Elements.--The report required by subsection (a) shall
include--
(1) a description of the current system for the payment of
dependency and indemnity compensation to surviving spouses
and dependents described in subsection (a), including a
statement of the rates of such compensation so payable;
(2) an assessment of the adequacy of such payments in
replacing the deceased veteran's income; and
(3) such recommendations as the Comptroller General
considers appropriate in order to improve or enhance the
effects of such payments in replacing the deceased veteran's
income.
SEC. 224. INDEPENDENT ASSESSMENT OF QUALITY ASSURANCE
PROGRAM.
(a) In General.--Section 7731 is amended by adding at the
end the following new subsection:
``(c)(1) The Secretary shall enter into a contract with an
independent third-party entity to conduct, during the three-
year period beginning on the date of the enactment of the
Veterans' Benefits Improvement Act of 2008, an assessment of
the quality assurance program carried out under subsection
(a).
``(2) The assessment conducted under paragraph (1) shall
evaluate the following:
``(A) The quality and accuracy of the work of employees of
the Veterans Benefits Administration, using a statistically
valid sample of such employees and a statistically valid
sample of such work.
``(B) The performance of each regional office of the
Veterans Benefits Administration.
``(C) The accuracy of the disability ratings assigned under
the schedule for rating disabilities under section 1155 of
this title.
``(D) The consistency of disability ratings among regional
offices of the Veterans Benefits Administration, based on a
sample of specific disabilities.
``(E) The performance of employees and managers of the
Veterans Benefits Administration.
``(3) The Secretary shall develop a mechanism for the
automated gathering and producing of data that can be used to
monitor and assess trends relating to the items described in
paragraph (2).
``(4)(A) Beginning on the date that is six months after the
date of the enactment of the Veterans' Benefits Improvement
Act of 2008, the Secretary shall--
``(i) for each claim for disability compensation under laws
administered by the Secretary submitted to the Secretary on
or after such date, retain, monitor, and store in an
accessible format the data described in subparagraph (B); and
``(ii) develop a demographic baseline for the data
retained, monitored, and stored under subparagraph (A).
``(B) The data described in this subparagraph includes the
following:
``(i) For each claim for disability compensation under laws
administered by the Secretary submitted by a claimant--
``(I) the State in which the claimant resided when the
claim was submitted;
``(II) the decision of the Secretary with respect to the
claim and each issue claimed; and
``(III) the regional office and individual employee of the
Department responsible for rating the claim.
``(ii) The State in which the claimant currently resides.
``(iii) Such other data as the Secretary determines is
appropriate for monitoring the accuracy and consistency of
decisions with respect to such claims.
``(5) Nothing in this subsection shall be construed to
require the Secretary to replace the quality assurance
program under subsection (a) that was in effect on the day
before the date of the enactment of this subsection.''.
(b) Report to Congress.--Not later than the end of the
three-year period beginning on the date of the enactment of
this Act, the Secretary of Veterans Affairs shall submit to
Congress a report containing the results and findings of the
independent third-party entity described in section
7731(c)(1) of title 38, United States Code, as added by
subsection (a), with respect to the assessment conducted
under such section 7731(c)(1).
SEC. 225. CERTIFICATION AND TRAINING OF EMPLOYEES OF THE
VETERANS BENEFITS ADMINISTRATION RESPONSIBLE
FOR PROCESSING CLAIMS.
(a) Employee Certification Required.--
(1) In general.--Subchapter II of chapter 77 is amended by
inserting after section 7732 the following new section:
``Sec. 7732A. Employee certification
``(a) Development of Certification Examination.--(1) The
Secretary shall provide for an examination of appropriate
employees and managers of the Veterans Benefits
Administration who are responsible for processing claims for
compensation and pension benefits under the laws administered
by the Secretary.
``(2) In developing the examination required by paragraph
(1), the Secretary shall--
``(A) consult with appropriate individuals or entities,
including examination development experts, interested
stakeholders, and employee representatives; and
``(B) consider the data gathered and produced under section
7731(c)(3) of this title.
``(b) Employee and Manager Requirement.--The Secretary
shall require appropriate employees and managers of the
Veterans Benefits Administration who are responsible for
processing claims for compensation and pension benefits under
the laws administered by the Secretary to take the
examination provided under subsection (a).''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter 77 is amended by inserting after
the item relating to section 7732 the following new item:
``7732A. Employee certification.''.
(3) Deadlines for implementation.--The Secretary of
Veterans Affairs shall--
(A) develop an updated certification examination required
under section 7732A of title 38, United States Code, as added
by subsection (a), not later than one year after the date of
the enactment of this Act; and
(B) begin administering such certification examination
required under such section not later than 90 days after the
date on which the development of such certification
examination is complete.
(b) Evaluation of Training.--Not later than one year after
the date of the enactment of this Act, the Comptroller
General of the United States shall--
(1) evaluate the training programs administered for
employees of the Veterans Benefits Administration of the
Department of Veterans Affairs; and
(2) submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the findings of the Comptroller
General with respect to the evaluation described in paragraph
(1).
SEC. 226. STUDY OF PERFORMANCE MEASURES FOR CLAIMS
ADJUDICATIONS OF THE VETERANS BENEFITS
ADMINISTRATION.
(a) Study of Work Credit System and Work Management System
Required.--The Secretary of Veterans Affairs shall conduct a
study on the effectiveness of the current employee work
credit system and work management system of the Veterans
Benefits Administration of the Department of Veterans
Affairs, which is used--
(1) to measure and manage the work production of employees
of the Veterans Benefits Administration who handle claims for
compensation and pension benefits; and
(2) to evaluate more effective means of improving
performance.
(b) Contents of Study.--In carrying out the study under
subsection (a), the Secretary shall consider--
(1) measures to improve the accountability, quality, and
accuracy for processing claims for compensation and pension
benefits under laws administered by the Secretary that are
adjudicated by the Veterans Benefits Administration;
(2) accountability for claims adjudication outcomes;
(3) the quality of claims adjudicated;
(4) a simplified process to adjudicate claims;
(5) the maximum use of information technology applications;
(6) rules-based applications and tools for processing and
adjudicating claims efficiently and effectively;
[[Page 21124]]
(7) methods of reducing the time required to obtain
information from outside sources; and
(8) the elements needed to implement--
(A) performance standards and accountability measures,
intended to ensure that--
(i) claims for benefits under the laws administered by the
Secretary are processed in an objective, accurate,
consistent, and efficient manner; and
(ii) final decisions with respect to such claims are
consistent and issued within the target identified in the
most recent annual Performance and Accountability report
submitted by the Secretary to Congress for the most recent
fiscal year;
(B) guidelines and procedures for the identification and
prompt processing of such claims that are ready to rate upon
submittal;
(C) guidelines and procedures for the identification and
prompt processing of such claims submitted by severely
injured and very severely injured veterans, as determined by
the Secretary; and
(D) requirements for assessments of claims processing at
each regional office for the purpose of producing lessons
learned and best practices.
(c) Report to Congress.--Not later than October 31, 2009,
the Secretary shall submit to Congress a report on--
(1) the study conducted under subsection (a); and
(2) the components required to implement the updated system
for evaluating employees of the Veterans Benefits
Administration required under subsection (d).
(d) Evaluation of Certain Veterans Benefits Administration
Employees Responsible for Processing Claims for Compensation
and Pension Benefits.--Not later than 210 days after the date
on which the Secretary submits to Congress the report
required under subsection (c), the Secretary shall establish
an updated system for evaluating the performance and
accountability of employees of the Veterans Benefits
Administration who are responsible for processing claims for
compensation or pension benefits. Such system shall be based
on the findings of the study conducted by the Secretary under
subsection (a).
SEC. 227. REVIEW AND ENHANCEMENT OF USE OF INFORMATION
TECHNOLOGY IN VETERANS BENEFITS ADMINISTRATION.
(a) Review and Comprehensive Plan.--Not later than one year
after the date of the enactment of this Act, the Secretary of
Veterans Affairs shall--
(1) conduct a review of the use of information technology
in the Veterans Benefits Administration with respect to the
processing of claims for compensation and pension benefits;
and
(2) develop a comprehensive plan for the use of such
technology in processing such claims so as to reduce
subjectivity, avoidable remands, and regional office
variances in disability ratings for specific disabilities.
(b) Information Technology.--The plan developed under
subsection (a)(2) shall include the following:
(1) The use of rules-based processing or information
technology systems utilizing automated decision support
software at all levels of processing such claims.
(2) The enhancement of the use of information technology
for all aspects of the claims process.
(3) Development of a technological platform that--
(A) allows for the use of information that members of the
Armed Forces, veterans, and dependents have submitted
electronically, including uploaded military records, medical
evidence, and other appropriate documentation; and
(B) to the extent practicable--
(i) provides the capability to such members, veterans, and
dependents to view applications for benefits submitted
online; and
(ii) complies with the provisions of subchapter III of
chapter 35 of title 44, United States Code, section 552a of
title 5, United States Code, and other relevant security
policies and guidelines.
(4) The use of electronic examination templates in
conjunction with the schedule for rating disabilities under
section 1155 of title 38, United States Code.
(5) Such changes as may be required to the electronic
health record system of the Department of Veterans Affairs
and the Department of Defense to ensure that Veterans
Benefits Administration claims examiners can access the
available electronic medical information of the Department of
Veterans Affairs and the Department of Defense.
(6) The provision of bi-directional access to medical
records and service records between the Department of
Veterans Affairs and the Department of Defense.
(7) The availability, on a secure Internet website of the
Department of Veterans Affairs, of a portal that can be used
by a claimant to check on the status of any claim submitted
by that claimant and that provides information, if
applicable, on--
(A) whether a decision has been reached with respect to
such a claim and notice of the decision; or
(B) if no such decision has been reached, notice of--
(i) whether the application submitted by the claimant is
complete;
(ii) whether the Secretary requires additional information
or evidence to substantiate the claim;
(iii) the estimated date on which a decision with respect
to the claim is expected to be made; and
(iv) the stage at which the claim is being processed as of
the date on which such status is checked.
(c) Review of Best Practices and Lessons Learned.--In
carrying out this section, the Secretary shall review--
(1) best practices and lessons learned within the
Department of Veterans Affairs; and
(2) the use of the technology known as ``VistA'' by other
Government entities and private sector organizations who
employ information technology and automated decision support
software.
(d) Reduction of Claims Processing Time.--In carrying out
this section, the Secretary shall ensure that a plan is
developed that, not later than three years after
implementation, includes information technology to the extent
possible to reduce the processing time for each compensation
and pension claim processed by the Veterans Benefits
Administration. The performance for claims processing under
this plan shall be adjusted for changes to the numbers of
claims filed in a given period, the complexity of those
claims, and any changes to the basic claims processing rules
which occur during the assessment period.
(e) Consultation.--In carrying out this section, the
Secretary of Veterans Affairs shall consult with information
technology designers at the Veterans Benefits Administration,
the Veterans Health Administration, VistA managers, the
Secretary of Defense, appropriate officials of other
Government agencies, appropriate individuals in the private
and public sectors, veterans service organizations, and other
relevant service organizations.
(f) Report to Congress.--Not later than April 1, 2010, the
Secretary shall submit to Congress a report on the review and
comprehensive plan required under this section.
SEC. 228. STUDY AND REPORT ON IMPROVING ACCESS TO MEDICAL
ADVICE.
(a) Study.--The Secretary of Veterans Affairs shall conduct
a study--
(1) to assess the feasibility and advisability of various
mechanisms to improve communication between the Veterans
Benefits Administration and the Veterans Health
Administration to provide Veterans Benefits Administration
employees with access to medical advice from the Veterans
Health Administration when needed by such employees to carry
out their duties; and
(2) to evaluate whether additional medical professionals
are necessary to provide the access described in paragraph
(1).
(b) Report to Congress.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall submit
to Congress a report on the study conducted under subsection
(a).
TITLE III--LABOR AND EDUCATION MATTERS
Subtitle A--Labor and Employment Matters
SEC. 311. REFORM OF USERRA COMPLAINT PROCESS.
(a) Notification of Rights With Respect to Complaints.--
Subsection (c) of section 4322 is amended to read as follows:
``(c)(1) Not later than five days after the Secretary
receives a complaint submitted by a person under subsection
(a), the Secretary shall notify such person in writing of his
or her rights with respect to such complaint under this
section and section 4323 or 4324, as the case may be.
``(2) The Secretary shall, upon request, provide technical
assistance to a potential claimant with respect to a
complaint under this subsection, and when appropriate, to
such claimant's employer.''.
(b) Notification of Results of Investigation in Writing.--
Subsection (e) of such section is amended by inserting ``in
writing'' after ``submitted the complaint''.
(c) Expedition of Attempts To Investigate and Resolve
Complaints.--Section 4322 is further amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Any action required by subsections (d) and (e) with
respect to a complaint submitted by a person to the Secretary
under subsection (a) shall be completed by the Secretary not
later than 90 days after receipt of such complaint.''.
(d) Expedition of Referrals.--
(1) Expedition of referrals to attorney general.--Section
4323(a)(1) is amended by inserting ``Not later than 60 days
after the Secretary receives such a request with respect to a
complaint, the Secretary shall refer the complaint to the
Attorney General.'' after ``to the Attorney General.''.
(2) Expedition of referrals to special counsel.--Section
4324(a)(1) is amended by striking ``The Secretary shall
refer'' and inserting ``Not later than 60 days after the date
the Secretary receives such a request, the Secretary shall
refer''.
(e) Notification of Representation.--
(1) Notification by attorney general.--Section 4323(a) is
further amended--
(A) by redesignating paragraph (2) as paragraph (3); and
[[Page 21125]]
(B) by inserting after paragraph (1) the following new
paragraph (2):
``(2) Not later than 60 days after the date the Attorney
General receives a referral under paragraph (1), the Attorney
General shall--
``(A) make a decision whether to appear on behalf of, and
act as attorney for, the person on whose behalf the complaint
is submitted; and
``(B) notify such person in writing of such decision.''.
(2) Notification by special counsel.--Subparagraph (B) of
section 4324(a)(2) is amended to read as follows:
``(B) Not later than 60 days after the date the Special
Counsel receives a referral under paragraph (1), the Special
Counsel shall--
``(i) make a decision whether to represent a person before
the Merit Systems Protection Board under subparagraph (A);
and
``(ii) notify such person in writing of such decision.''.
(f) Deadlines, Statutes of Limitations, and Related
Matters.--
(1) In general.--Subchapter III of chapter 43 is amended by
adding at the end the following new section:
``Sec. 4327. Noncompliance of Federal officials with
deadlines; inapplicability of statutes of limitations
``(a) Effect of Noncompliance of Federal Officials With
Deadlines.--(1) The inability of the Secretary, the Attorney
General, or the Special Counsel to comply with a deadline
applicable to such official under section 4322, 4323, or 4324
of this title--
``(A) shall not affect the authority of the Attorney
General or the Special Counsel to represent and file an
action or submit a complaint on behalf of a person under
section 4323 or 4324 of this title;
``(B) shall not affect the right of a person--
``(i) to commence an action under section 4323 of this
title;
``(ii) to submit a complaint under section 4324 of this
title; or
``(iii) to obtain any type of assistance or relief
authorized by this chapter;
``(C) shall not deprive a Federal court, the Merit Systems
Protection Board, or a State court of jurisdiction over an
action or complaint filed by the Attorney General, the
Special Counsel, or a person under section 4323 or 4324 of
this title; and
``(D) shall not constitute a defense, including a statute
of limitations period, that any employer (including a State,
a private employer, or a Federal executive agency) or the
Office of Personnel Management may raise in an action filed
by the Attorney General, the Special Counsel, or a person
under section 4323 or 4324 of this title.
``(2) If the Secretary, the Attorney General, or the
Special Counsel is unable to meet a deadline applicable to
such official in section 4322(f), 4323(a)(1), 4323(a)(2),
4324(a)(1), or 4324(a)(2)(B) of this title, and the person
agrees to an extension of time, the Secretary, the Attorney
General, or the Special Counsel, as the case may be, shall
complete the required action within the additional period of
time agreed to by the person.
``(b) Inapplicability of Statutes of Limitations.--If any
person seeks to file a complaint or claim with the Secretary,
the Merit Systems Protection Board, or a Federal or State
court under this chapter alleging a violation of this
chapter, there shall be no limit on the period for filing the
complaint or claim.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 43 is amended by inserting after the
item relating to section 4326 the following new item:
``4327. Noncompliance of Federal officials with deadlines;
inapplicability of statutes of limitations.''.
(3) Conforming amendment.--Section 4323 is further
amended--
(A) by striking subsection (i); and
(B) by redesignating subsection (j) as subsection (i).
SEC. 312. MODIFICATION AND EXPANSION OF REPORTING
REQUIREMENTS WITH RESPECT TO ENFORCEMENT OF
USERRA.
(a) Date of Annual Reports.--Section 4332 is amended by
striking ``and no later than February 1, 2005'' and all that
follows through the ``such February 1:'' and inserting ``,
transmit to Congress not later than July 1 each year a report
on matters for the fiscal year ending in the year before the
year in which such report is transmitted as follows:''.
(b) Modification of Annual Reports by Secretary.--Such
section is further amended--
(1) by striking ``The Secretary shall'' and inserting ``(a)
Annual Report by Secretary.--The Secretary shall'';
(2) in paragraph (3), by inserting before the period at the
end the following: ``and the number of actions initiated by
the Office of Special Counsel before the Merit Systems
Protection Board pursuant to section 4324 during such fiscal
year'';
(3) by redesignating paragraphs (6) and (7) as paragraphs
(9) and (10), respectively;
(4) by inserting after paragraph (5) the following new
paragraph (8):
``(8) With respect to the cases reported on pursuant to
paragraphs (1), (2), (3), (4), and (5) the number of such
cases that involve persons with different occupations or
persons seeking different occupations, as designated by the
Standard Occupational Classification System.''.
(5) by redesignating paragraph (5) as paragraph (7);
(6) by inserting after paragraph (4) the following new
paragraphs (5) and (6):
``(5) The number of cases reviewed by the Secretary and the
Secretary of Defense through the National Committee for
Employer Support of the Guard and Reserve of the Department
of Defense that involve the same person.
``(6) With respect to the cases reported on pursuant to
paragraphs (1), (2), (3), (4), and (5)--
``(A) the number of such cases that involve a disability-
related issue; and
``(B) the number of such cases that involve a person who
has a service-connected disability.''; and
(7) in paragraph (7), as redesignated by paragraph (5) of
this subsection, by striking ``or (4)'' and inserting ``(4),
or (5)''.
(c) Additional Reports.--Such section is further amended by
adding at the end the following new subsection:
``(b) Quarterly Reports.--
``(1) Quarterly report by secretary.--Not later than 30
days after the end of each fiscal quarter, the Secretary
shall submit to Congress, the Secretary of Defense, the
Attorney General, and the Special Counsel a report setting
forth, for the previous full quarter, the following:
``(A) The number of cases for which the Secretary did not
meet the requirements of section 4322(f) of this title.
``(B) The number of cases for which the Secretary received
a request for a referral under paragraph (1) of section
4323(a) of this title but did not make such referral within
the time period required by such paragraph.
``(2) Quarterly report by attorney general.--Not later than
30 days after the end of each fiscal quarter, the Attorney
General shall submit to Congress, the Secretary, the
Secretary of Defense, and the Special Counsel a report
setting forth, for the previous full quarter, the number of
cases for which the Attorney General received a referral
under paragraph (1) of section 4323(a) of this title but did
not meet the requirements of paragraph (2) of section 4323(a)
of this title for such referral.
``(3) Quarterly report by special counsel.--Not later than
30 days after the end of each fiscal quarter, the Special
Counsel shall submit to Congress, the Secretary, the
Secretary of Defense, and the Attorney General a report
setting forth, for the previous full quarter, the number of
cases for which the Special Counsel received a referral under
paragraph (1) of section 4324(a) of this title but did not
meet the requirements of paragraph (2)(B) of section 4324(a)
of this title for such referral.''.
(d) Uniform Categorization of Data.--Such section is
further amended by adding at the end the following new
subsection:
``(c) Uniform Categorization of Data.--The Secretary shall
coordinate with the Secretary of Defense, the Attorney
General, and the Special Counsel to ensure that--
``(1) the information in the reports required by this
section is categorized in a uniform way; and
``(2) the Secretary, the Secretary of Defense, the Attorney
General, and the Special Counsel each have electronic access
to the case files reviewed under this chapter by the
Secretary, the Secretary of Defense, the Attorney General,
and the Special Counsel with due regard for the provisions of
section 552a of title 5.''.
(e) Comptroller General Report.--Not later than two years
after the date of the enactment of this Act, the Comptroller
General of the United States shall submit to Congress a
report that contains the following:
(1) An assessment of the reliability of the data contained
in the reports submitted under subsection (b) of section 4332
of title 38, United States Code (as amended by subsection (c)
of this section), as of the date of such report.
(2) An assessment of the timeliness of the reports
submitted under subsection (b) of section 4332 of title 38,
United States Code (as so amended), as of such date.
(3) The extent to which the Secretary of Labor is meeting
the timeliness requirements of subsections (c)(1) and (f) of
section 4322 of title 38, United States Code (as amended by
section 311 of this Act), and section 4323(a)(1) of title 38,
United States Code (as so amended), as of the date of such
report.
(4) The extent to which the Attorney General is meeting the
timeliness requirements of section 4323(a)(2) of title 38,
United States Code (as amended by section 311 of this Act),
as of the date of such report.
(5) The extent to which the Special Counsel is meeting the
timeliness requirements of section 4324(a)(2)(B) of title 38,
United States Code (as amended by section 311 of this Act),
as of the date of such report.
(f) Effective Date.--The amendments made by this section
shall apply with respect to each report required under
section 4332 of title 38, United States Code (as amended by
this section), after the date of the enactment of this Act.
[[Page 21126]]
SEC. 313. TRAINING FOR EXECUTIVE BRANCH HUMAN RESOURCES
PERSONNEL ON EMPLOYMENT AND REEMPLOYMENT RIGHTS
OF MEMBERS OF THE UNIFORMED SERVICES.
(a) Training Required.--Subchapter IV of chapter 43 is
amended by adding at the end the following new section:
``Sec. 4335. Training for Federal executive agency human
resources personnel on employment and reemployment rights
and limitations
``(a) Training Required.--The head of each Federal
executive agency shall provide training for the human
resources personnel of such agency on the following:
``(1) The rights, benefits, and obligations of members of
the uniformed services under this chapter.
``(2) The application and administration of the
requirements of this chapter by such agency with respect to
such members.
``(b) Consultation.--The training provided under subsection
(a) shall be developed and provided in consultation with the
Director of the Office of Personnel Management.
``(c) Frequency.--The training under subsection (a) shall
be provided with such frequency as the Director of the Office
of Personnel Management shall specify in order to ensure that
the human resources personnel of Federal executive agencies
are kept fully and currently informed of the matters covered
by the training.
``(d) Human Resources Personnel Defined.--In this section,
the term `human resources personnel', in the case of a
Federal executive agency, means any personnel of the agency
who are authorized to recommend, take, or approve any
personnel action that is subject to the requirements of this
chapter with respect to employees of the agency.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 43 is amended by adding at the end the
following new item:
``4335. Training for Federal executive agency human resources personnel
on employment and reemployment rights and limitations.''.
SEC. 314. REPORT ON THE EMPLOYMENT NEEDS OF NATIVE AMERICAN
VETERANS LIVING ON TRIBAL LANDS.
(a) Report.--Not later than December 1, 2009, the Secretary
of Labor shall, in consultation with the Secretary of
Veterans Affairs and the Secretary of the Interior, submit to
the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives a report assessing the employment needs of
Native American (American Indian, Alaska Native, Native
Hawaiian, and Pacific Islander) veterans living on tribal
lands, including Indian reservations, Alaska Native villages,
and Hawaiian Home Lands. The report shall include--
(1) a review of current and prior government-to-government
relationships between tribal organizations and the Veterans'
Employment and Training Service of the Department of Labor;
and
(2) recommendations for improving employment and job
training opportunities for Native American veterans on tribal
land, especially through the utilization of resources for
veterans.
(b) Tribal Organization Defined.--In this section, the term
``tribal organization'' has the meaning given such term in
section 3765(4) of title 38, United States Code.
SEC. 315. EQUITY POWERS.
Section 4323(e) of title 38, United States Code, is amended
by striking ``may use'' and inserting ``shall use, in any
case in which the court determines it is appropriate,''.
SEC. 316. WAIVER OF RESIDENCY REQUIREMENT FOR DIRECTORS FOR
VETERANS' EMPLOYMENT AND TRAINING.
Section 4103(a)(2) is amended--
(1) by inserting ``(A)'' after ``(2)''; and
(2) by adding at the end the following new subparagraph:
``(B) The Secretary may waive the requirement in
subparagraph (A) with respect to a Director for Veterans'
Employment and Training if the Secretary determines that the
waiver is in the public interest. Any such waiver shall be
made on a case-by-case basis.''.
SEC. 317. MODIFICATION OF SPECIAL UNEMPLOYMENT STUDY TO COVER
VETERANS OF POST 9/11 GLOBAL OPERATIONS.
(a) Modification of Study.--Subsection (a)(1) of section
4110A is amended--
(1) in the matter before subparagraph (A), by striking ``a
study every two years'' and inserting ``an annual study'';
and
(2) by striking subparagraphs (A) through (E) and inserting
the following new subparagraphs:
``(A) Veterans who were called to active duty while members
of the National Guard or a Reserve Component.
``(B) Veterans who served in combat or in a war zone in the
Post 9/11 Global Operations theaters.
``(C) Veterans who served on active duty during the Post 9/
11 Global Operations period who did not serve in the Post 9/
11 Global Operations theaters.
``(D) Veterans of the Vietnam era who served in the Vietnam
theater of operations during the Vietnam era.
``(E) Veterans who served on active duty during the Vietnam
era who did not serve in the Vietnam theater of operations.
``(F) Veterans discharged or released from active duty
within four years of the applicable study.
``(G) Special disabled veterans.''.
(b) Definitions.--Such section is further amended by adding
at the end the following new subsection:
``(c) In this section:
``(1) The term `Post 9/11 Global Operations period' means
the period of the Persian Gulf War beginning on September 11,
2001, and ending on the date thereafter prescribed by
Presidential proclamation or law.
``(2) The term `Post 9/11 Global Operations theaters' means
Afghanistan, Iraq, or any other theater in which the Global
War on Terrorism Expeditionary Medal is awarded for
service.''.
Subtitle B--Education Matters
SEC. 321. MODIFICATION OF PERIOD OF ELIGIBILITY FOR
SURVIVORS' AND DEPENDENTS' EDUCATIONAL
ASSISTANCE OF CERTAIN SPOUSES OF INDIVIDUALS
WITH SERVICE-CONNECTED DISABILITIES TOTAL AND
PERMANENT IN NATURE.
Section 3512(b)(1) is amended--
(1) in subparagraph (A), by striking ``subparagraph (B) or
(C)'' and inserting ``subparagraph (B), (C), or (D)''; and
(2) by adding at the end the following new subparagraph:
``(D) Notwithstanding subparagraph (A), an eligible person
referred to in that subparagraph who is made eligible under
section 3501(a)(1)(D)(i) of this title by reason of a
service-connected disability that was determined to be a
total disability permanent in nature not later than three
years after discharge from service may be afforded
educational assistance under this chapter during the 20-year
period beginning on the date the disability was so determined
to be a total disability permanent in nature, but only if the
eligible person remains the spouse of the disabled person
throughout the period.''.
SEC. 322. REPEAL OF REQUIREMENT FOR REPORT TO THE SECRETARY
OF VETERANS AFFAIRS ON PRIOR TRAINING.
Section 3676(c)(4) is amended by striking ``and the
Secretary''.
SEC. 323. MODIFICATION OF WAITING PERIOD BEFORE AFFIRMATION
OF ENROLLMENT IN A CORRESPONDENCE COURSE.
Section 3686(b) is amended by striking ``ten'' and
inserting ``five''.
SEC. 324. CHANGE OF PROGRAMS OF EDUCATION AT THE SAME
EDUCATIONAL INSTITUTION.
Section 3691(d) is amended--
(1) by redesignating paragraphs (1), (2), (3), and (4) as
subparagraphs (A), (B), (C), and (D), respectively;
(2) by inserting ``(1)'' after ``(d)'';
(3) in subparagraph (C) of paragraph (1), as redesignated
by paragraphs (1) and (2) of this section, by striking ``or''
at the end;
(4) in subparagraph (D) of paragraph (1), as so
redesignated, by striking the period at the end and inserting
``; or''; and
(5) by adding at the end the following:
``(E) the change from the program to another program is at
the same educational institution and such educational
institution determines that the new program is suitable to
the aptitudes, interests, and abilities of the veteran or
eligible person and certifies to the Secretary the enrollment
of the veteran or eligible person in the new program.
``(2) A veteran or eligible person undergoing a change from
one program of education to another program of education as
described in paragraph (1)(E) shall not be required to apply
to the Secretary for approval of such change.''.
SEC. 325. REPEAL OF CERTIFICATION REQUIREMENT WITH RESPECT TO
APPLICATIONS FOR APPROVAL OF SELF-EMPLOYMENT
ON-JOB TRAINING.
Section 3677(b) is amended by adding at the end the
following new paragraph:
``(3) The requirement for certification under paragraph (1)
shall not apply to training described in section 3452(e)(2)
of this title.''.
SEC. 326. COORDINATION OF APPROVAL ACTIVITIES IN THE
ADMINISTRATION OF EDUCATION BENEFITS.
(a) Coordination.--
(1) In general.--Section 3673 is amended--
(A) by redesignating subsection (b) as subsection (c); and
(B) by inserting after subsection (a) the following new
subsection (b):
``(b) Coordination of Activities.--The Secretary shall take
appropriate actions to ensure the coordination of approval
activities performed by State approving agencies under this
chapter and chapters 34 and 35 of this title and approval
activities performed by the Department of Labor, the
Department of Education, and other entities in order to
reduce overlap and improve efficiency in the performance of
such activities.''.
(2) Conforming and clerical amendments.--(A) The heading of
such section is amended to read as follows:
``Sec. 3673. Approval activities: cooperation and
coordination of activities''.
(B) The table of sections at the beginning of chapter 36 is
amended by striking the item relating to section 3673 and
inserting the following new item:
``3673. Approval activities: cooperation and coordination of
activities.''.
[[Page 21127]]
(3) Stylistic amendments.--Such section is further
amended--
(A) in subsection (a), by inserting ``Cooperation in
Activities.--'' after ``(a)''; and
(B) in subsection (c), as redesignated by paragraph (1)(A)
of this subsection, by inserting ``Availability of
Information Material.--'' after ``(c)''.
(b) Report.--Not later than 240 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report setting forth the following:
(1) The actions taken to establish outcome-oriented
performance standards for State approving agencies created or
designated under section 3671 of title 38, United States
Code, including a description of any plans for, and the
status of the implementation of, such standards as part of
the evaluations of State approving agencies required by
section 3674A of title 38, United States Code.
(2) The actions taken to implement a tracking and reporting
system for resources expended for approval and outreach
activities by such agencies.
(3) Any recommendations for legislative action that the
Secretary considers appropriate to achieve the complete
implementation of the standards described in paragraph (1).
Subtitle C--Vocational Rehabilitation Matters
SEC. 331. WAIVER OF 24-MONTH LIMITATION ON PROGRAM OF
INDEPENDENT LIVING SERVICES AND ASSISTANCE FOR
VETERANS WITH A SEVERE DISABILITY INCURRED IN
THE POST-9/11 GLOBAL OPERATIONS PERIOD.
Section 3105(d) is amended--
(1) by striking ``Unless the Secretary'' and all that
follows through ``the period of a program'' and inserting
``(1) Except as provided in paragraph (2), the period of a
program''; and
(2) by adding at the end the following new paragraph:
``(2)(A) The period of a program of independent living
services and assistance for a veteran under this chapter may
exceed twenty-four months as follows:
``(i) If the Secretary determines that a longer period is
necessary and likely to result in a substantial increase in
the veteran's level of independence in daily living.
``(ii) If the veteran served on active duty during the
Post-9/11 Global Operations period and has a severe
disability (as determined by the Secretary for purposes of
this clause) incurred or aggravated in such service.
``(B) In this paragraph, the term `Post-9/11 Global
Operations period' means the period of the Persian Gulf War
beginning on September 11, 2001, and ending on the date
thereafter prescribed by Presidential proclamation or by
law.''.
SEC. 332. INCREASE IN CAP OF NUMBER OF VETERANS PARTICIPATING
IN INDEPENDENT LIVING PROGRAM.
Section 3120(e) of title 38, United States Code, is amended
by striking ``2500 veterans'' and inserting ``2600
veterans''.
SEC. 333. REPORT ON MEASURES TO ASSIST AND ENCOURAGE VETERANS
IN COMPLETING VOCATIONAL REHABILITATION.
(a) Study Required.--The Secretary of Veterans Affairs
shall conduct a study on measures to assist and encourage
veterans in completing their vocational rehabilitation plans.
The study shall include an identification of the following
elements, to the extent that such elements do not duplicate
studies conducted or reports released by the Secretary during
the one-year period beginning on the date of the enactment of
this Act:
(1) The various factors that may prevent or preclude
veterans from completing their vocational rehabilitation
plans through the Department of Veterans Affairs or otherwise
achieving the vocational rehabilitation objectives of such
plans.
(2) The actions to be taken by the Secretary to assist and
encourage veterans in overcoming the factors identified in
paragraph (1) and in otherwise completing their vocational
rehabilitation plans or achieving the vocational
rehabilitation objectives of such plans.
(b) Matters To Be Examined.--In conducting the study
required by subsection (a), the Secretary shall examine the
following:
(1) Measures utilized by public and private vocational
rehabilitation service providers for individuals with
disabilities in the United States, and in other countries,
that promote successful outcomes by the program participants.
(2) Any studies or survey data available to the Secretary
that relates to the matters covered by the study.
(3) The extent to which disability compensation may be used
as an incentive to encourage veterans to participate in and
complete a vocational rehabilitation plan.
(4) The report of the Veterans' Disability Benefits
Commission established pursuant to section 1501 of the
National Defense Authorization Act of 2004 (38 U.S.C. 1101
note).
(5) The report of the President's Commission on Care for
America's Returning Wounded Warriors.
(6) Any other matters that the Secretary considers
appropriate for purposes of the study.
(c) Considerations.--In conducting the study required by
subsection (a), the Secretary shall consider--
(1) the extent to which bonus payments or other incentives
may be used to encourage veterans to complete their
vocational rehabilitation plans or otherwise achieve the
vocational rehabilitation objectives of such plans; and
(2) such other matters as the Secretary considers
appropriate.
(d) Consultation.--In conducting the study required by
subsection (a), the Secretary--
(1) shall consult with such veterans and military service
organizations, and with such other public and private
organizations and individuals, as the Secretary considers
appropriate; and
(2) may employ consultants.
(e) Report.--Not later than 270 days after the commencement
of the study required by subsection (a), the Secretary shall
submit to the Committee on Veterans' Affairs of the Senate
and the Committee on Veterans' Affairs of the House of
Representatives a report on the study. The report shall
include the following:
(1) The findings of the Secretary under the study.
(2) Any recommendations that the Secretary considers
appropriate for actions to be taken by the Secretary in light
of the study, including a proposal for such legislative or
administrative action as the Secretary considers appropriate
to implement the recommendations.
SEC. 334. LONGITUDINAL STUDY OF DEPARTMENT OF VETERANS
AFFAIRS VOCATIONAL REHABILITATION PROGRAMS.
(a) Study Required.--Chapter 31 is amended by adding at the
end the following new section:
``Sec. 3122. Longitudinal study of vocational rehabilitation
programs
``(a) Study Required.--(1) Subject to the availability of
appropriated funds, the Secretary shall conduct a
longitudinal study of a statistically valid sample of each of
the groups of individuals described in paragraph (2). The
Secretary shall study each such group over a period of at
least 20 years.
``(2) The groups of individuals described in this paragraph
are the following:
``(A) Individuals who begin participating in a vocational
rehabilitation program under this chapter during fiscal year
2010.
``(B) Individuals who begin participating in such a program
during fiscal year 2012.
``(C) Individuals who begin participating in such a program
during fiscal year 2014.
``(b) Annual Reports.--By not later than July 1 of each
year covered by the study required under subsection (a), the
Secretary shall submit to the Committees on Veterans' Affairs
of the Senate and House of Representatives a report on the
study during the preceding year.
``(c) Contents of Report.--The Secretary shall include in
the report required under subsection (b) any data the
Secretary determines is necessary to determine the long-term
outcomes of the individuals participating in the vocational
rehabilitation programs under this chapter. The Secretary may
add data elements from time to time as necessary. In
addition, each such report shall contain the following
information:
``(1) The number of individuals participating in vocational
rehabilitation programs under this chapter who suspended
participation in such a program during the year covered by
the report.
``(2) The average number of months such individuals served
on active duty.
``(3) The distribution of disability ratings of such
individuals.
``(4) The types of other benefits administered by the
Secretary received by such individuals.
``(5) The types of social security benefits received by
such individuals.
``(6) Any unemployment benefits received by such
individuals.
``(7) The average number of months such individuals were
employed during the year covered by the report.
``(8) The average annual starting and ending salaries of
such individuals who were employed during the year covered by
the report.
``(9) The number of such individuals enrolled in an
institution of higher learning, as that term is defined in
section 3452(f) of this title.
``(10) The average number of academic credit hours,
degrees, and certificates obtained by such individuals during
the year covered by the report.
``(11) The average number of visits such individuals made
to Department medical facilities during the year covered by
the report.
``(12) The average number of visits such individuals made
to non-Department medical facilities during the year covered
by the report.
``(13) The average annual income of such individuals.
``(14) The average total household income of such
individuals for the year covered by the report.
[[Page 21128]]
``(15) The percentage of such individuals who own their
principal residences.
``(16) The average number of dependents of each such
veteran.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``3122. Longitudinal study of vocational rehabilitation programs.''.
TITLE IV--INSURANCE MATTERS
SEC. 401. REPORT ON INCLUSION OF SEVERE AND ACUTE POST-
TRAUMATIC STRESS DISORDER AMONG CONDITIONS
COVERED BY TRAUMATIC INJURY PROTECTION COVERAGE
UNDER SERVICEMEMBERS' GROUP LIFE INSURANCE.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Veterans
Affairs shall, in consultation with the Secretary of Defense,
submit to the appropriate committees of Congress a report
setting forth the assessment of the Secretary of Veterans
Affairs as to the feasability and advisability of including
severe and acute post-traumatic stress disorder (PTSD) among
the conditions covered by traumatic injury protection
coverage under Servicemembers' Group Life Insurance under
section 1980A of title 38, United States Code.
(b) Considerations.--In preparing the assessment required
by subsection (a), the Secretary of Veterans Affairs shall
consider the following:
(1) The advisability of providing traumatic injury
protection coverage under Servicemembers' Group Life
Insurance under section 1980A of title 38, United States
Code, for post-traumatic stress disorder incurred by a member
of the Armed Forces as a direct result of military service in
a combat zone that renders the member unable to carry out the
daily activities of living after the member is discharged or
released from military service.
(2) The unique circumstances of military service, and the
unique experiences of members of the Armed Forces who are
deployed to a combat zone.
(3) Any financial strain incurred by family members of
members of the Armed Forces who have severe and acute post-
traumatic stress disorder.
(4) The recovery time, and any particular difficulty of the
recovery process, for recovery from severe and acute post-
traumatic stress disorder.
(5) Such other matters as the Secretary considers
appropriate.
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services and the Committee on
Veterans' Affairs of the Senate; and
(2) the Committee on Armed Services and the Committee on
Veterans' Affairs of the House of Representatives.
SEC. 402. TREATMENT OF STILLBORN CHILDREN AS INSURABLE
DEPENDENTS UNDER SERVICEMEMBERS' GROUP LIFE
INSURANCE.
(a) Treatment.--Section 1965(10) is amended by adding at
the end the following new subparagraph:
``(C) The member's stillborn child.''.
(b) Conforming Amendment.--Section 101(4)(A) is amended by
striking ``section 1965(10)(B)'' in the matter preceding
clause (i) and inserting ``subparagraph (B) or (C) of section
1965(10)''.
SEC. 403. OTHER ENHANCEMENTS OF SERVICEMEMBERS' GROUP LIFE
INSURANCE COVERAGE.
(a) Expansion of Servicemembers' Group Life Insurance To
Include Certain Members of Individual Ready Reserve.--
(1) In general.--Section 1967(a)(1)(C) is amended by
striking ``section 1965(5)(B) of this title'' and inserting
``subparagraph (B) or (C) of section 1965(5) of this title''.
(2) Conforming amendments.--
(A) Section 1967(a)(5)(C) is amended by striking ``section
1965(5)(B) of this title'' and inserting ``subparagraph (B)
or (C) of section 1965(5) of this title''; and
(B) Section 1969(g)(1)(B) is amended by striking ``section
1965(5)(B) of this title'' and inserting ``subparagraph (B)
or (C) of section 1965(5) of this title''.
(b) Reduction in Period of Dependents' Coverage After
Member Separates.--Section 1968(a)(5)(B)(ii) is amended by
striking ``120 days after''.
(c) Authority To Set Premiums for Ready Reservists'
Spouses.--Section 1969(g)(1)(B) is amended by striking
``(which shall be the same for all such members)''.
(d) Forfeiture of Veterans' Group Life Insurance.--Section
1973 is amended by striking ``under this subchapter'' and
inserting ``and Veterans' Group Life Insurance under this
subchapter''.
(e) Effective and Applicability Dates.--
(1) The amendments made by subsection (a) shall take effect
on the date of the enactment of this Act.
(2) The amendment made by subsection (b) shall apply with
respect to Servicemembers' Group Life Insurance coverage for
an insurable dependent of a member, as defined in section
1965(10) of title 38, United States Code (as amended by
section 402 of this Act), that begins on or after the date of
the enactment of this Act.
(3) The amendment made by subsection (c) shall take effect
as if enacted on June 5, 2001, immediately after the
enactment of the Veterans' Survivor Benefits Improvements Act
of 2001 (Public Law 107-14; 115 Stat. 25).
(4) The amendment made by subsection (d) shall apply with
respect to any act of mutiny, treason, spying, or desertion
committed on or after the date of the enactment of this Act
for which a person is found guilty, or with respect to
refusal because of conscientious objections to perform
service in, or to wear the uniform of, the Armed Forces on or
after the date of the enactment of this Act.
SEC. 404. ADMINISTRATIVE COSTS OF SERVICE DISABLED VETERANS'
INSURANCE.
Section 1922(a) is amended by striking ``directly from such
fund'' and inserting ``directly from such fund; and (5)
administrative costs to the Government for the costs of the
program of insurance under this section shall be paid from
premiums credited to the fund under paragraph (4), and
payments for claims against the fund under paragraph (4) for
amounts in excess of amounts credited to such fund under that
paragraph (after such administrative costs have been paid)
shall be paid from appropriations to the fund''.
TITLE V--HOUSING MATTERS
SEC. 501. TEMPORARY INCREASE IN MAXIMUM LOAN GUARANTY AMOUNT
FOR CERTAIN HOUSING LOANS GUARANTEED BY
SECRETARY OF VETERANS AFFAIRS.
Notwithstanding subparagraph (C) of section 3703(a)(1) of
title 38, United States Code, for purposes of any loan
described in subparagraph (A)(i)(IV) of such section that is
originated during the period beginning on the date of the
enactment of this Act and ending on December 31, 2011, the
term ``maximum guaranty amount'' shall mean an amount equal
to 25 percent of the higher of--
(1) the limitation determined under section 305(a)(2) of
the Federal Home Loan Mortgage Corporation Act (12 U.S.C.
1454(a)(2)) for the calendar year in which the loan is
originated for a single-family residence; or
(2) 125 percent of the area median price for a single-
family residence, but in no case to exceed 175 percent of the
limitation determined under such section 305(a)(2) for the
calendar year in which the loan is originated for a single-
family residence.
SEC. 502. REPORT ON IMPACT OF MORTGAGE FORECLOSURES ON
VETERANS.
(a) Report Required.--Not later than December 31, 2009, the
Secretary of Veterans Affairs shall submit to the Committee
on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report on
the effects of mortgage foreclosures on veterans.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A general assessment of the income of veterans who have
recently separated from the Armed Forces.
(2) An assessment of the effects of any lag or delay in the
adjudication by the Secretary of claims of veterans for
disability compensation on the capacity of veterans to
maintain adequate or suitable housing.
(3) A description of the extent to which the provisions of
the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et
seq.) protect veterans from mortgage foreclosure, and an
assessment of the adequacy of such protections.
(4) A description and assessment of the adequacy of the
home loan guaranty programs of the Department of Veterans
Affairs, including the authorities of such programs and the
assistance provided individuals in the utilization of such
programs, in preventing foreclosure for veterans recently
separated from the Armed Forces, and for members of the Armed
Forces, who have home loans guaranteed by the Secretary.
SEC. 503. REQUIREMENT FOR REGULAR UPDATES TO HANDBOOK FOR
DESIGN FURNISHED TO VETERANS ELIGIBLE FOR
SPECIALLY ADAPTED HOUSING ASSISTANCE BY
SECRETARY OF VETERANS AFFAIRS.
Section 2103 is amended--
(1) by striking ``The Secretary'' and inserting ``(a) Plans
and Specifications.--The Secretary''; and
(2) by adding at the end the following new subsection:
``(b) Handbook for Design.--The Secretary shall make
available to veterans eligible for assistance under this
chapter, without cost to the veterans, a handbook containing
appropriate designs for specially adapted housing. The
Secretary shall update such handbook at least once every six
years to take into account any new or unique disabilities,
including vision impairments, impairments specific to the
upper limbs, and burn injuries.''.
SEC. 504. ENHANCEMENT OF REFINANCING OF HOME LOANS BY
VETERANS.
(a) Inclusion of Refinancing Loans Among Loans Subject to
Guaranty Maximum.--Section 3703(a)(1)(A)(i)(IV) is amended by
inserting ``(5),'' after ``(3),''.
(b) Increase in Maximum Percentage of Loan-to-Value of
Refinancing Loans Subject to Guaranty.--Section 3710(b)(8) is
amended by striking ``90 percent'' and inserting ``100
percent''.
[[Page 21129]]
SEC. 505. EXTENSION OF CERTAIN VETERANS HOME LOAN GUARANTY
PROGRAMS.
(a) Extension of Demonstration Project on Adjustable Rate
Mortgages.--Section 3707(a) of title 38, United States Code,
is amended by striking ``2008'' and inserting ``2012''.
(b) Extension of Demonstration Project on Hybrid Adjustable
Rate Mortgages.--Section 3707A(a) of such title is amended by
striking ``2008'' and inserting ``2012''.
TITLE VI--COURT MATTERS
SEC. 601. TEMPORARY INCREASE IN NUMBER OF AUTHORIZED JUDGES
OF THE UNITED STATES COURT OF APPEALS FOR
VETERANS CLAIMS.
Section 7253 is amended by adding at the end the following
new subsection:
``(i) Additional Temporary Expansion of Court.--(1) Subject
to paragraph (2), effective as of December 31, 2009, the
authorized number of judges of the Court specified in
subsection (a) is increased by two.
``(2) Effective as of January 1, 2013, an appointment may
not be made to the Court if the appointment would result in
there being more judges of the Court than the authorized
number of judges of the Court specified in subsection (a).''.
SEC. 602. PROTECTION OF PRIVACY AND SECURITY CONCERNS IN
COURT RECORDS.
Section 7268 is amended by adding at the end the following
new subsection:
``(c)(1) The Court shall prescribe rules, in accordance
with section 7264(a) of this title, to protect privacy and
security concerns relating to all filing of documents and the
public availability under this subsection of documents
retained by the Court or filed electronically with the Court.
``(2) The rules prescribed under paragraph (1) shall be
consistent to the extent practicable with rules addressing
privacy and security issues throughout the Federal courts.
``(3) The rules prescribed under paragraph (1) shall take
into consideration best practices in Federal and State courts
to protect private information or otherwise maintain
necessary information security.''.
SEC. 603. RECALL OF RETIRED JUDGES OF THE UNITED STATES COURT
OF APPEALS FOR VETERANS CLAIMS.
(a) Repeal of Limit on Service of Recalled Retired Judges
Who Voluntarily Serve More Than 90 Days.--Section 7257(b)(2)
is amended by striking ``or for more than a total of 180 days
(or the equivalent) during any calendar year''.
(b) New Judges Recalled After Retirement Receive Pay of
Current Judges Only During Period of Recall.--
(1) In general.--Section 7296(c) is amended by striking
paragraph (1) and inserting the following new paragraph:
``(1)(A) A judge who is appointed on or after the date of
the enactment of the Veterans' Benefits Improvement Act of
2008 and who retires under subsection (b) and elects under
subsection (d) to receive retired pay under this subsection
shall (except as provided in paragraph (2)) receive retired
pay as follows:
``(i) In the case of a judge who is a recall-eligible
retired judge under section 7257 of this title, the retired
pay of the judge shall (subject to section 7257(d)(2) of this
title) be the rate of pay applicable to that judge at the
time of retirement, as adjusted from time to time under
subsection (f)(3).
``(ii) In the case of a judge other than a recall-eligible
retired judge, the retired pay of the judge shall be the rate
of pay applicable to that judge at the time of retirement.
``(B) A judge who retired before the date of the enactment
of the Veterans' Benefits Improvement Act of 2008 and elected
under subsection (d) to receive retired pay under this
subsection, or a judge who retires under subsection (b) and
elects under subsection (d) to receive retired pay under this
subsection, shall (except as provided in paragraph (2))
receive retired pay as follows:
``(i) In the case of a judge who is a recall-eligible
retired judge under section 7257 of this title or who was a
recall-eligible retired judge under that section and was
removed from recall status under subsection (b)(4) of that
section by reason of disability, the retired pay of the judge
shall be the pay of a judge of the court.
``(ii) In the case of a judge who at the time of retirement
did not provide notice under section 7257 of this title of
availability for service in a recalled status, the retired
pay of the judge shall be the rate of pay applicable to that
judge at the time of retirement.
``(iii) In the case of a judge who was a recall-eligible
retired judge under section 7257 of this title and was
removed from recall status under subsection (b)(3) of that
section, the retired pay of the judge shall be the pay of the
judge at the time of the removal from recall status.''.
(2) Cost-of-living adjustment for retired pay of new judges
who are recall-eligible.--Section 7296(f)(3)(A) is amended by
striking ``paragraph (2) of subsection (c)'' and inserting
``paragraph (1)(A)(i) or (2) of subsection (c)''.
(3) Pay during period of recall.--Subsection (d) of section
7257 is amended to read as follows:
``(d)(1) The pay of a recall-eligible retired judge to whom
section 7296(c)(1)(B) of this title applies is the pay
specified in that section.
``(2) A judge who is recalled under this section who
retired under chapter 83 or 84 of title 5 or to whom section
7296(c)(1)(A) of this title applies shall be paid, during the
period for which the judge serves in recall status, pay at
the rate of pay in effect under section 7253(e) of this title
for a judge performing active service, less the amount of the
judge's annuity under the applicable provisions of chapter 83
or 84 of title 5 or the judge's annuity under section
7296(c)(1)(A) of this title, whichever is applicable.''.
(4) Notice.--The last sentence of section 7257(a)(1) is
amended to read as follows: ``Such a notice provided by a
retired judge to whom section 7296(c)(1)(B) of this title
applies is irrevocable.''.
(c) Limitation on Involuntary Recalls.--Section 7257(b)(3)
is amended by adding at the end the following new sentence:
``This paragraph shall not apply to a judge to whom section
7296(c)(1)(A) or 7296(c)(1)(B) of this title applies and who
has, in the aggregate, served at least five years of recalled
service on the Court under this section.''.
SEC. 604. ANNUAL REPORTS ON WORKLOAD OF THE UNITED STATES
COURT OF APPEALS FOR VETERANS CLAIMS.
(a) In General.--Subchapter III of chapter 72 is amended by
adding at the end the following new section:
``Sec. 7288. Annual report
``(a) In General.--The chief judge of the Court shall
submit to the appropriate committees of Congress each year a
report summarizing the workload of the Court for the fiscal
year ending during the preceding year.
``(b) Elements.--Each report under subsection (a) shall
include, with respect to the fiscal year covered by such
report, the following information:
``(1) The number of appeals filed with the Court.
``(2) The number of petitions filed with the Court.
``(3) The number of applications filed with the Court under
section 2412 of title 28.
``(4) The total number of dispositions by each of the
following:
``(A) The Court as a whole.
``(B) The Clerk of the Court.
``(C) A single judge of the Court.
``(D) A multi-judge panel of the Court.
``(E) The full Court.
``(5) The number of each type of disposition by the Court,
including settlement, affirmation, remand, vacation,
dismissal, reversal, grant, and denial.
``(6) The median time from filing an appeal to disposition
by each of the following:
``(A) The Court as a whole.
``(B) The Clerk of the Court.
``(C) A single judge of the Court.
``(D) Multiple judges of the Court (including a multi-judge
panel of the Court or the full Court).
``(7) The median time from filing a petition to disposition
by the Court.
``(8) The median time from filing an application under
section 2412 of title 28 to disposition by the Court.
``(9) The median time from the completion of briefing
requirements by the parties to disposition by the Court.
``(10) The number of oral arguments before the Court.
``(11) The number of cases appealed to the United States
Court of Appeals for the Federal Circuit.
``(12) The number and status of appeals and petitions
pending with the Court and of applications described in
paragraph (3) as of the end of such fiscal year.
``(13) The number of cases pending with the Court more than
18 months as of the end of such fiscal year.
``(14) A summary of any service performed for the Court by
a recalled retired judge of the Court.
``(15) An assessment of the workload of each judge of the
Court, including consideration of the following:
``(A) The time required of each judge for disposition of
each type of case.
``(B) The number of cases reviewed by the Court.
``(C) The average workload of other Federal judges.
``(c) Appropriate Committees of Congress Defined.--In this
section, the term `appropriate committees of Congress'
means--
``(1) the Committee on Veterans' Affairs of the Senate; and
``(2) the Committee on Veterans' Affairs of the House of
Representatives.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 72 is amended by inserting after the
item related to section 7287 the following new item:
``7288. Annual report.''.
SEC. 605. ADDITIONAL DISCRETION IN IMPOSITION OF PRACTICE AND
REGISTRATION FEES.
Section 7285(a) is amended--
(1) in the first sentence, by inserting ``reasonable''
after ``impose a'';
(2) in the second sentence, by striking ``, except that
such amount may not exceed $30 per year''; and
(3) in the third sentence, by inserting ``reasonable''
after ``impose a''.
[[Page 21130]]
TITLE VII--ASSISTANCE TO UNITED STATES PARALYMPIC INTEGRATED ADAPTIVE
SPORTS PROGRAM
SEC. 701. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) In 1998, Congress enacted the Olympic and Amateur
Sports Act Amendments of 1998 (33 U.S.C. 101 note), which
amended chapter 2205 of title 36, United States Code, and
included a statement that the purpose of the Act was ``to
encourage and provide assistance to amateur athletic programs
and competition for amateur athletes with disabilities,
including, where feasible, the expansion of opportunities for
meaningful participation by such amateur athletes in programs
of athletic competition for able-bodied amateur athletes''.
(2) The United States Olympic Committee manages and
administers the Paralympic Program for physically disabled
athletes.
(3) The Department of Veterans Affairs provides health care
to veterans and administers recreational activities for
patients including the Golden Age Games, the National
Veterans Wheelchair Games, and the Winter Sports Clinic.
(4) In 2005, the United States Olympic Committee entered
into a memorandum of understanding with the Secretary of
Veterans Affairs to increase interest in and access to
Paralympic sports programs for veterans with physical
disabilities by coordinating the activities of the United
States Olympic Committee with the Department of Veterans
Affairs.
(5) The Paralympic Program has a significant positive
effect on the quality of life of disabled veterans and
disabled members of the Armed Forces who participate in the
program, including helping to improve the mobility, vitality,
and physical, psychological, and social well-being of such
participants and reducing the incidence of secondary medical
conditions in those participants.
(6) Because of Operation Iraqi Freedom and Operation
Enduring Freedom, the number of disabled veterans and
disabled members of the Armed Forces has increased
substantially and it is therefore desirable to supplement the
rehabilitation and recreation programs of the Department of
Veterans Affairs through sports for disabled veterans and
members of the Armed Forces.
(b) Purpose.--The purposes of this title are as follows:
(1) To promote the lifelong health of disabled veterans and
disabled members of the Armed Forces through regular
participation in physical activity and sports.
(2) To enhance the recreation activities provided by the
Department of Veterans Affairs by promoting disabled sports
from the local level through elite levels and by creating
partnerships among organizations specializing in supporting,
training, and promoting programs for disabled veterans.
(3) To provide training and support to national and local
organizations to provide Paralympic sports training to
disabled veterans and disabled members of the Armed Forces in
their own communities.
(4) To provide support to the United States Paralympics,
Inc., to increase the participation of disabled veterans and
disabled members of the Armed Forces in sports.
SEC. 702. DEPARTMENT OF VETERANS AFFAIRS PROVISION OF
ASSISTANCE TO UNITED STATES PARALYMPICS, INC.
(a) Provision of Assistance Authorized.--Subchapter II of
chapter 5 is amended by inserting after section 521 the
following new section:
``Sec. 521A. Assistance for United States Paralympics, Inc.
``(a) Authorization to Provide Assistance.--The Secretary
may award grants to the United States Paralympics, Inc., to
plan, develop, manage, and implement an integrated adaptive
sports program for disabled veterans and disabled members of
the Armed Forces.
``(b) Oversight by Secretary.--As a condition of receiving
a grant under this section, the United States Paralympics,
Inc., shall permit the Secretary to conduct such oversight of
the use of grant funds as the Secretary determines is
appropriate. The United States Paralympics, Inc., shall be
responsible for the use of grant funds provided under this
section.
``(c) Application Requirement.--(1) Before the Secretary
may award a grant to the United States Paralympics, Inc.,
under this section, the United States Paralympics, Inc.,
shall submit to the Secretary an application that describes
the activities to be carried out with the grant, including
information on specific measurable goals and objectives to be
achieved using grant funds.
``(2) The application shall include--
``(A) a detailed description of all partnerships referred
to in paragraph (3) at the national and local levels that
will be participating in such activities and the amount of
grant funds that the United States Paralympics, Inc.,
proposes to make available for each of such partnerships; and
``(B) for any fiscal year for which a grant is sought, the
amount of private donations received by the United States
Paralympics, Inc., expected to be expended to support
operations during that fiscal year.
``(3) Partnerships referred to in this paragraph are
agreements between the United States Paralympics, Inc., and
organizations with significant experience in the training and
support of disabled athletes and the promotion of disabled
sports at the local and national levels. Such organizations
may include Disabled Sports USA, Blaze Sports, Paralyzed
Veterans of America, and Disabled American Veterans. The
agreements shall detail the scope of activities and funding
to be provided by the United States Paralympics, Inc., to the
partner.
``(d) Use of Funds.--(1) The United States Paralympics,
Inc., with the assistance and cooperation of the Secretary
and the heads of other appropriate Federal and State
departments and agencies and partnerships referred to in
subsection (c)(3), shall use a grant under this section to
reimburse grantees with which the United States Paralympics,
Inc., has entered into a partnership under subsection (c) for
the direct costs of recruiting, supporting, equipping,
encouraging, scheduling, facilitating, supervising, and
implementing the participation of disabled veterans and
disabled members of the Armed Forces in the activities
described in paragraph (3) by supporting a program described
in paragraph (2).
``(2) A program described in this paragraph is a sports
program that--
``(A) promotes basic physical activity, games, recreation,
training, and competition;
``(B) is approved by the Secretary; and
``(C)(i) provides services and activities described in
paragraph (3) for disabled veterans and disabled members of
the Armed Forces; and
``(ii) may also provide services and activities described
in paragraph (3) for individuals with disabilities who are
not veterans or members of the Armed Forces, or both; except
that funds made available to carry out this section may not
be used to support those individuals with disabilities who
are not veterans or members of the Armed Forces.
``(3) Activities described in this paragraph are--
``(A) instruction, participation, and competition in
Paralympic sports;
``(B) training and technical assistance to program
administrators, coaches, recreational therapists,
instructors, Department employees, and other appropriate
individuals; and
``(C) coordination, Paralympic classification of athletes,
athlete assessment, sport-specific training techniques,
program development (including programs at the local level),
sports equipment, supplies, program evaluation, and other
activities related to the implementation and operation of the
program.
``(4) A grant made under this section may include, at the
discretion of the Secretary, an amount for the administrative
expenses of the United States Paralympics, Inc., but not to
exceed five percent of the amount of the grant.
``(5) Funds made available by the United States
Paralympics, Inc., to a grantee under subsection (c) may
include an amount for administrative expenses, but not to
exceed ten percent of the amount of such funds.
``(e) Outreach Requirement.--As a condition of receiving a
grant under this section, the United States Paralympics,
Inc., shall agree to conduct a joint outreach campaign with
the Secretary of Veterans Affairs to inform all eligible
veterans and separating members of the Armed Forces with
physical disabilities about the existence of the integrated
adaptive sports program, as appropriate, and shall provide
for, facilitate, and encourage participation of such veterans
and separating members of the Armed Forces in programs under
this section to the extent possible.
``(f) Coordination.--The Secretary shall ensure access to
and use of appropriate Department sports, recreation, and
fitness facilities by disabled veterans and disabled members
of the Armed Forces participating in the integrated adaptive
sports program to the maximum extent possible. The Secretary
shall ensure that such access does not adversely affect any
other assistance provided to veterans.
``(g) Authorization of Appropriations.--There is authorized
to be appropriated $8,000,000 for each of fiscal years 2010
through 2013 to carry out this section. Amounts appropriated
pursuant to this subsection shall remain available without
fiscal year limitation.
``(h) Separate Accounting.--The Department shall have a
separate line item in budget proposals of the Department for
funds to be appropriated to carry out this section. Funds
appropriated to carry out this section shall not be
commingled with any other funds appropriated to the
Department.
``(i) Limitation on Use of Funds.--Except as provided in
paragraphs (4) and (5) of subsection (d), funds appropriated
to carry out this section may not be used to support or
provide services to individuals who are not disabled veterans
or disabled members of the Armed Forces.
``(j) Annual Report to Secretary.--(1) As a condition of
receiving a grant under this section, the United States
Paralympics, Inc., shall agree that by not later than 60 days
after the last day of a fiscal year for which a grant is
provided under this section, the
[[Page 21131]]
United States Paralympics, Inc., shall submit to the
Secretary a report setting forth in detail the use of the
grant funds during that fiscal year, including the number of
veterans who participated in the integrated adaptive sports
program, including any programs carried out through a
partnership under subsection (c)(3), and the administrative
expenses of the integrated adaptive sports program.
``(2) A report under this subsection may be audited by the
Secretary.
``(3) For any fiscal year after fiscal year 2010, the
eligibility of the United States Paralympics, Inc., to
receive a grant under this section shall be contingent upon
the submission of the report under paragraph (1) for the
preceding fiscal year.
``(k) Annual Report to Congress.--For any fiscal year
during which the Secretary provides assistance under this
section, the Secretary shall submit to Congress a report on
the use of funds provided under this section.
``(l) Termination.--The Secretary may only provide
assistance under this section during fiscal years 2010
through 2013.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 521 the following new item:
``521A. Assistance for United States Paralympics, Inc.''.
(c) Deadline for Memorandum of Understanding.--The
Secretary of Veterans Affairs may not award a grant under
section 521A of title 38, United States Code, as added by
subsection (a), until the United States Paralympics, Inc.,
and the Secretary have entered into a memorandum of
understanding or cooperative agreement regarding
implementation of the integrated adaptive sports program
under that section. To the extent feasible, such memorandum
or agreement shall be concluded not later than 240 days after
the date of the enactment of this Act.
SEC. 703. DEPARTMENT OF VETERANS AFFAIRS OFFICE OF NATIONAL
VETERANS SPORTS PROGRAMS AND SPECIAL EVENTS.
(a) Establishment of Office of National Veterans Sports
Programs and Special Events.--Chapter 3, as amended by
section 222, is amended by adding at the end the following
new section:
``Sec. 322. Office of National Veterans Sports Programs and
Special Events
``(a) Establishment.--There is in the Department an Office
of National Veterans Sports Programs and Special Events.
There is at the head of the Office a Director, who shall
report to an appropriate official of the Veterans Benefits
Administration, as determined by the Secretary, or to the
Deputy Secretary or Secretary.
``(b) Responsibilities of Director.--Subject to the
direction of the Secretary, the Director--
``(1) shall establish and carry out qualifying programs and
events;
``(2) may provide for sponsorship by the Department of
qualifying programs and events;
``(3) may provide for, facilitate, and encourage
participation by disabled veterans in qualifying programs and
events;
``(4) shall, to the extent feasible, cooperate with the
United States Paralympics, Inc., and its partners to promote
the participation of disabled veterans and disabled members
of the Armed Forces in sporting events sponsored by the
United States Paralympics, Inc., and its partners;
``(5) shall seek sponsorships and donations from the
private sector to defray costs of carrying out the
responsibilities of the Director to the maximum extent
feasible; and
``(6) may carry out such other responsibilities as the
Secretary determines are appropriate.
``(c) Qualifying Program or Event.--For purposes of this
section, a qualifying program or event is a sports program or
other event in which disabled veterans and disabled members
of the Armed Forces participate and that is approved by the
Secretary as being consistent with the goals and missions of
the Department.
``(d) Monthly Assistance Allowance.--(1) Subject to the
availability of appropriations for such purpose, the
Secretary may provide a monthly assistance allowance to a
veteran with a disability invited by the United States
Paralympics, Inc., to compete for a slot on, or selected for,
the Paralympic Team for any month in which the veteran is
training or competing in any event sanctioned by the United
States Paralympics, Inc., or who is residing at a United
States Paralympics, Inc., training center.
``(2) The amount of the monthly assistance payable to a
veteran under paragraph (1) shall be equal to the monthly
amount of subsistence allowance that would be payable to the
veteran under chapter 31 of this title if the veteran were
eligible for and entitled to rehabilitation under such
chapter.
``(3) In providing assistance under this subsection, the
Secretary shall give priority to veterans with service-
connected disabilities.
``(4) There is authorized to be appropriated to carry out
this subsection $2,000,000 for each of fiscal years 2010
through 2013.
``(e) Limitation on Statutory Construction.--Nothing in
this section shall be construed as a limitation on disabled
sports and special events supported by the Department as of
the date of the enactment of this section.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``322. Office of National Veterans Sports Programs and Special
Events.''.
(c) Assistance at Sporting Events.--The Secretary of
Veterans Affairs shall direct the Under Secretary for Health
of the Department of Veterans Affairs--
(1) to make available, to the extent determined appropriate
by the Secretary, recreational therapists, physical
therapists, and other medical staff to facilitate
participation of veterans in sporting events conducted under
the auspices of the United States Paralympics, Inc.; and
(2) to allow such personnel to provide support to the
programs of the United States Paralympics, Inc., without
requiring the use of personal leave.
SEC. 704. COMPTROLLER GENERAL REPORT.
Not later than the last day of fiscal year 2012, the
Comptroller General shall submit to Congress a report on the
assistance provided to the United States Paralympics, Inc.,
under section 521A of title 38, United States Code, as added
by section 702, and the activities of the Office of National
Veterans Sports Programs and Special Events under section 322
of such title, as added by section 703. Such report shall
include a description of how the United States Paralympics,
Inc., used grants provided by the Department of Veterans
Affairs, the number of disabled veterans who benefitted from
such grants, and how such veterans benefitted.
TITLE VIII--OTHER MATTERS
SEC. 801. AUTHORITY FOR SUSPENSION OR TERMINATION OF CLAIMS
OF THE UNITED STATES AGAINST INDIVIDUALS WHO
DIED WHILE SERVING ON ACTIVE DUTY IN THE ARMED
FORCES.
(a) Authority.--Section 3711(f) of title 31, United States
Code, is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3) The Secretary of Veterans Affairs may suspend or
terminate an action by the Secretary under subsection (a) to
collect a claim against the estate of a person who died while
serving on active duty as a member of the Army, Navy, Air
Force, Marine Corps, or Coast Guard during a period when the
Coast Guard is operating as a service in the Navy if the
Secretary determines that, under the circumstances applicable
with respect to the deceased person, it is appropriate to do
so.''.
(b) Equitable Refund of Amounts Collected.--The Secretary
of Veterans Affairs may refund to the estate of such person
any amount collected by the Secretary (whether before, on, or
after the date of the enactment of this Act) from a person
who died while serving on active duty as a member of the
Armed Forces if the Secretary determines that, under the
circumstances applicable with respect to the deceased person,
it is appropriate to do so.
SEC. 802. THREE-YEAR EXTENSION OF AUTHORITY TO CARRY OUT
INCOME VERIFICATION.
Section 5317(g) is amended by striking ``September 30,
2008'' and inserting ``September 30, 2011''.
SEC. 803. MAINTENANCE, MANAGEMENT, AND AVAILABILITY FOR
RESEARCH OF ASSETS OF AIR FORCE HEALTH STUDY.
(a) Purpose.--The purpose of this section is to ensure that
the assets transferred to the Medical Follow-Up Agency from
the Air Force Health Study are maintained, managed, and made
available as a resource for future research for the benefit
of veterans and their families, and for other humanitarian
purposes.
(b) Assets From Air Force Health Study.--For purposes of
this section, the assets transferred to the Medical Follow-Up
Agency from the Air Force Health Study are the assets of the
Air Force Health Study transferred to the Medical Follow-Up
Agency under section 714 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364;
120 Stat. 2290), including electronic data files and
biological specimens on all participants in the study
(including control subjects).
(c) Maintenance and Management of Transferred Assets.--The
Medical Follow-Up Agency shall maintain and manage the assets
transferred to the Agency from the Air Force Health Study.
(d) Additional Near-Term Research.--
(1) In general.--The Medical Follow-Up Agency may, during
the period beginning on October 1, 2008, and ending on
September 30, 2012, conduct such additional research on the
assets transferred to the Agency from the Air Force Health
Study as the Agency considers appropriate toward the goal of
understanding the determinants of health, and promoting
wellness, in veterans.
(2) Research.--In carrying out research authorized by this
subsection, the Medical Follow-Up Agency may, utilizing
amounts available under subsection (f)(1)(B), make
[[Page 21132]]
grants for such pilot studies for or in connection with such
research as the Agency considers appropriate.
(e) Additional Medium-Term Research.--
(1) Report.--Not later than March 31, 2012, the Medical
Follow-Up Agency shall submit to Congress a report assessing
the feasability and advisability of conducting additional
research on the assets transferred to the Agency from the Air
Force Health Study after September 30, 2012.
(2) Disposition of assets.--If the report required by
paragraph (1) includes an assessment that the research
described in that paragraph would be feasible and advisable,
the Agency shall, utilizing amounts available under
subsection (f)(2), make any disposition of the assets
transferred to the Agency from the Air Force Health Study as
the Agency considers appropriate in preparation for such
research.
(f) Funding.--
(1) In general.--From amounts available for each of fiscal
years 2009 through 2012 for the Department of Veterans
Affairs for Medical and Prosthetic Research, amounts shall be
available as follows:
(A) $1,200,000 shall be available in each such fiscal year
for maintenance, management, and operation (including
maintenance of biological specimens) of the assets
transferred to the Medical Follow-Up Agency from the Air
Force Health Study.
(B) $250,000 shall be available in each such fiscal year
for the conduct of additional research authorized by
subsection (d), including the funding of pilot studies
authorized by paragraph (2) of that subsection.
(2) Medium-term research.--From amounts available for
fiscal year 2012 for the Department of Veterans Affairs for
Medical and Prosthetic Research, $200,000 shall be available
for the preparation of the report required by subsection
(e)(1) and for the disposition, if any, of assets authorized
by subsection (e)(2).
SEC. 804. NATIONAL ACADEMIES STUDY ON RISK OF DEVELOPING
MULTIPLE SCLEROSIS AS A RESULT OF CERTAIN
SERVICE IN THE PERSIAN GULF WAR AND POST 9/11
GLOBAL OPERATIONS THEATERS.
(a) In General.--The Secretary of Veterans Affairs shall
enter into a contract with the Institute of Medicine of the
National Academies to conduct a comprehensive epidemiological
study for purposes of identifying any increased risk of
developing multiple sclerosis as a result of service in the
Armed Forces during the Persian Gulf War in the Southwest
Asia theater of operations or in the Post 9/11 Global
Operations theaters.
(b) Elements.--In conducting the study required under
subsection (a), the Institute of Medicine shall do the
following:
(1) Determine whether service in the Armed Forces during
the Persian Gulf War in the Southwest Asia theater of
operations, or in the Post 9/11 Global Operations theaters,
increased the risk of developing multiple sclerosis.
(2) Identify the incidence and prevalence of diagnosed
neurological diseases, including multiple sclerosis,
Parkinson's disease, and brain cancers, as well as central
nervous system abnormalities that are difficult to precisely
diagnose, in each group as follows:
(A) Members of the Armed Forces who served during the
Persian Gulf War in the Southwest Asia theater of operations.
(B) Members of the Armed Forces who served in the Post 9/11
Global Operations theaters.
(C) A non-deployed comparison group for those who served in
the Persian Gulf War in the Southwest Asia theater of
operations and the Post 9/11 Global Operations theaters.
(3) Compare the incidence and prevalence of the named
diagnosed neurological diseases and undiagnosed central
nervous system abnormalities among veterans who served during
the Persian Gulf War in the Southwest Asia theater of
operations, or in the Post 9/11 Global Operations theaters,
in various locations during such periods, as determined by
the Institute of Medicine.
(4) Collect information on risk factors, such as pesticide
and other toxic exposures, to which veterans were exposed
while serving during the Persian Gulf War in the Southwest
Asia theater of operations or the Post 9/11 Global Operations
theaters, or thereafter.
(c) Reports.--
(1) Interim report.--The contract required by subsection
(a) shall require the Institute of Medicine to submit to the
Secretary, and to appropriate committees of Congress, interim
progress reports on the study required under subsection (a).
Such reports shall not be required to include a description
of interim results on the work under the study.
(2) Final report.--The contract shall require the Institute
of Medicine to submit to the Secretary, and to appropriate
committees of Congress, a final report on the study by not
later than December 31, 2012. The final report shall include
such recommendations for legislative or administrative action
as the Institute considers appropriate in light of the
results of the study.
(d) Funding.--The Secretary shall provide the Institute of
Medicine with such funds as are necessary to ensure the
timely completion of the study required under subsection (a).
(e) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Veterans' Affairs of the Senate; and
(B) the Committee on Veterans' Affairs of the House of
Representatives.
(2) The term ``Persian Gulf War'' has the meaning given
that term in section 101(33) of title 38, United States Code.
(3) The term ``Post 9/11 Global Operations theaters'' means
Afghanistan, Iraq, or any other theater in which the Global
War on Terrorism Expeditionary Medal is awarded for service.
SEC. 805. TERMINATION OR SUSPENSION OF CONTRACTS FOR CELLULAR
TELEPHONE SERVICE FOR CERTAIN SERVICEMEMBERS.
(a) In General.--Title III of the Servicemembers Civil
Relief Act (50 U.S.C. App. 531 et seq.) is amended by
inserting after section 305 the following new section:
``SEC. 305A. TERMINATION OR SUSPENSION OF CONTRACTS FOR
CELLULAR TELEPHONE SERVICE.
``(a) In General.--A servicemember who receives orders to
deploy outside of the continental United States for not less
than 90 days or for a permanent change of duty station within
the United States may request the termination or suspension
of any contract for cellular telephone service entered into
by the servicemember before the date of the commencement of
such deployment or permanent change if the servicemember's
ability to satisfy the contract or to utilize the service
will be materially affected by such deployment or permanent
change. The request shall include a copy of the
servicemember's military orders.
``(b) Relief.--Upon receiving the request of a
servicemember under subsection (a), the cellular telephone
service contractor concerned shall--
``(1) grant the requested relief without imposition of an
early termination fee for termination of the contract or a
reactivation fee for suspension of the contract; or
``(2) in the case that such servicemember is deployed
outside the continental United States as described in
subsection (a), permit the servicemember to suspend the
contract at no charge until the end of the deployment without
requiring, whether as a condition of suspension or otherwise,
that the contract be extended.
``(c) Cellular Telephone Service Defined.--In this section,
the term `cellular telephone service' has the meaning given
the term `commercial mobile service' in section 332(d) of the
Communications Act of 1934 (47 U.S.C. 332(d)).''.
(b) Clerical Amendment.--The table of contents for that Act
is amended by inserting after the item relating to section
305 the following new item:
``Sec. 305A. Termination or suspension of contracts for cellular
telephone service.''.
SEC. 806. CONTRACTING GOALS AND PREFERENCES FOR VETERAN-OWNED
SMALL BUSINESS CONCERNS.
Section 8127 is amended--
(1) by redesignating subsections (j) and (k) as subsections
(k) and (l), respectively; and
(2) by inserting after subsection (i) the following new
subsection (j):
``(j) Applicability of Requirements to Contracts.--(1) If
after December 31, 2008, the Secretary enters into a
contract, memorandum of understanding, agreement, or other
arrangement with any governmental entity to acquire goods or
services, the Secretary shall include in such contract,
memorandum, agreement, or other arrangement a requirement
that the entity will comply, to the maximum extent feasible,
with the provisions of this section in acquiring such goods
or services.
``(2) Nothing in this subsection shall be construed to
supersede or otherwise affect the authorities provided under
the Small Business Act (15 U.S.C. 631 et seq.).''.
SEC. 807. PENALTIES FOR VIOLATION OF INTEREST RATE LIMITATION
UNDER SERVICEMEMBERS CIVIL RELIEF ACT.
Section 207 of the Servicemembers Civil Relief Act (50
U.S.C. App. 527) is amended by adding at the end the
following new subsections:
``(e) Penalty.--Whoever knowingly violates subsection (a)
shall be fined as provided in title 18, United States Code,
imprisoned for not more than one year, or both.
``(f) Preservation of Other Remedies.--The penalties
provided under subsection (e) are in addition to and do not
preclude any other remedy available under law to a person
claiming relief under this section, including any award for
consequential or punitive damages.''.
SEC. 808. FIVE-YEAR EXTENSION OF SUNSET PROVISION FOR
ADVISORY COMMITTEE ON MINORITY VETERANS.
Subsection (e) of section 544 is amended by striking
``December 31, 2009'' and inserting ``December 31, 2014''.
SEC. 809. AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO
ADVERTISE TO PROMOTE AWARENESS OF BENEFITS
UNDER LAWS ADMINISTERED BY THE SECRETARY.
(a) Authority To Advertise.--Subchapter II of chapter 5 is
amended by adding at the end the following new section:
``Sec. 532. Authority to advertise in national media
``The Secretary may purchase advertising in national media
outlets for the purpose of
[[Page 21133]]
promoting awareness of benefits under laws administered by
the Secretary, including promoting awareness of assistance
provided by the Secretary, including assistance for programs
to assist homeless veterans, to promote veteran-owned small
businesses, and to provide opportunities for employment in
the Department of Veterans Affairs and for education,
training, compensation, pension, vocational rehabilitation,
and healthcare benefits, and mental healthcare (including the
prevention of suicide among veterans).''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 531 the following:
``532. Authority to advertise in national media.''.
SEC. 810. MEMORIAL HEADSTONES AND MARKERS FOR DECEASED
REMARRIED SURVIVING SPOUSES OF VETERANS.
(a) In General.--Section 2306(b)(4)(B) is amended by
striking ``an unremarried surviving spouse whose subsequent
remarriage was terminated by death or divorce'' and inserting
``a surviving spouse who had a subsequent remarriage''.
(b) Effective Date.--The amendment made by this section
shall apply to deaths occurring on or after the date of the
enactment of this Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Filner) and the gentleman from Indiana (Mr. Buyer) each
will control 20 minutes.
The Chair recognizes the gentleman from California.
Mr. FILNER. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, obviously we rise in strong support of S. 3023, as
amended, the Veterans' Benefits Improvement Act of 2008. Just by the
listing of the title of the bill, you see how wide ranging this
legislation is.
We have, Madam Speaker, 24 million veterans in this country, over 2.5
million of which receive disability compensation benefits from the
Department of Veterans Affairs. Upon filing a claim for disability
compensation at the VA, our veterans and their dependents face
increased waiting times, along with an increasingly adversarial claims
processing system.
From 2002 up until 2007, the backlog of disability claims rose from
250,000 to nearly 650,000 claims pending. That is an insult to the
veterans who have served this Nation. During the same period, the VA
consistently missed its performance targets on nearly all compensation
and pension claims processing fronts.
These problems are not new. General Omar Bradley, who was a Director
of the Veterans Administration after World War II, in the mid-50s said
in a comprehensive report that ``the dominant problems are the
carryover from past decades of a backward-looking pension philosophy
and our failure to adjust the existing veterans programs to fundamental
changes in our society.''
This quote is pretty striking, because the same thing could be said
of the claims processing system 50 years later.
After nearly 2 years of oversight hearings, informed by numerous
reports examining these issues, the committee, led by our colleague
John Hall of New York, who chairs the Disability Assistance and
Memorial Affairs Subcommittee, set out to transform this broken and
outdated system. He introduced and our House subsequently passed the
Veterans Disability Benefits Claims Modernization Act of 2008, H.R.
5892, which would comprehensively modernize VA's claim processing
system. This legislation is the cornerstone of this Senate bill, S.
3023.
Mr. Hall's efforts included contributions from our colleagues from
the committee. Joe Donnelly of Indiana introduced the Immediate
Benefits for Wounded Warriors Act of 2007, H.R. 4219; Congressman Space
of Ohio introduced the Veterans Disability Fairness Act, H.R. 5709; and
Congressman Hare of Illinois ensured that mental health was an issue
that was captured in language throughout the bill. All of these
Members, Madam Speaker, are new Members of our Congress, and they have
taken a vigorous and active role in their work, as illustrated in this
bill.
Congressman Gutierrez from Illinois and Congresswoman Corrine Brown
from Florida introduced H.R. 674, which alerted us not to let the
Advisory Committee on Minority Veterans sunset. And Congresswoman Carol
Shea-Porter, another new Member from New Hampshire, has led the charge
to spare families from VA debt collection.
So this bill will arm the VA with a lasting blueprint to transform
its claims processing system using integrated and modern information
technology platforms and an updated rating schedule, with tools to
improve the accountability, timeliness and quality of adjudicated
claims. It will establish an Office of Survivors Assistance, and at
last allow survivors to step into the shoes of deceased veterans to
pursue pending claims and appeals.
Madam Speaker, we will finally tackle the central issues that have
led to an unmanageable claims backlog, delays in processing, avoidable
errors, inconsistencies in ratings and lack of accountability in a
system that amounts to a ``system of injustice'' for our veterans.
This bill will help modernize the VA claims processing system and
assist it in becoming a 21st century, world-class entity that reflects
the selfless and priceless sacrifices of those it serves, our veterans,
their families and survivors.
{time} 2015
I would point out a pilot program that we will start on disability
claims that takes as a model--and it may be surprising to say this,
Madam Speaker--the IRS, our Internal Revenue Service, which for many
years was very dysfunctional, but now, if you file your claim for a tax
refund, you will get a check in 3 weeks because they send out the check
on receipt of your tax return, but it's subject to audit.
So why not take that same process if your claim is documented fully
and if you have help from a Certified Veteran Service Officer? There
are thousands around the country. We will send out the check upon
receipt, subject to audit. I think that's the way to clean up the
backlog and to say to our veterans, yes, we understand your needs, and
we are going to meet them.
In addition, Madam Speaker, I was contacted by veterans who are
concerned that the VA does not have enough slots for veterans to
participate in its so-called Independent Living Program. That program
allows injured veterans to obtain meaningful employment, and it allows
them to live independently while they heal from their wounds. So we
have introduced a bill to allow 100 Independent Living Program slots to
be available. I'm proud that this language was included in legislation
that will ensure that the services needed by our veterans are available
when they're required.
Madam Speaker, when we passed the so-called 21st century GI Bill some
months ago, that was a great improvement in the educational benefits
for our younger veterans, especially for those returning from Iraq and
Afghanistan. Starting the next school year, they'll be able to draw on
those new benefits, but we are trying to model that GI Bill on the GI
Bill of 1944, which had so much influence on making America's middle
class.
Part of that bill of 1944 had a home loan guaranty program. I'm here
because of that program. My dad was able, after he came back from the
war, to buy a house in New York for $2,000. We were finally members of
the middle class.
We didn't include that part in that GI Bill, but we include it here.
We are going to raise the values for veterans' loans. We are going to
raise the value at which a refinance can take place. We are going to
reduce the fees and the equity requirements, and will make the VA home
loan program, again, relevant to veterans today, especially to those
who are experiencing a crisis right now. They will be able to go to the
VA and get a good deal on refinancing their home loans, a deal they
couldn't have gotten before this passed. So I think this will be,
again, a great benefit for thousands of our veterans around the
country.
We also have a provision in this bill by Representative Ciro
Rodriguez, who is a distinguished member of our committee, to update
housing construction
[[Page 21134]]
and design guidelines furnished to contractors. He will talk about that
in a few minutes.
Again, I want to make special mention of the cooperation of my
ranking member, Mr. Buyer of Indiana. What we did in working together
was to provide legislation, that I'm sure he will talk about, to give
VA assistance to the Paralympics program, which has been so successful
in assisting veterans and servicemembers in their rehabilitation
efforts. That language is in here. Through this program, we give a
sense of self-worth and a sense of confidence to veterans who are
severely injured.
Mr. Buyer has a special interest in that. In fact, if we're not in
session next week, I think he's going to visit part of that program
that's being carried out in California. He's going to my district. He
doesn't realize what kind of welcome we have ready for him, but we'll
leave that to his imagination. It's going to strengthen our commitment
to caring for the servicemembers by helping them heal from the wounds
of war so they can be active members and have the confidence to do
that.
We also have language similar to that introduced by Congressman
Patrick Murphy of Pennsylvania that will extend Servicemembers Civil
Relief Act protections to enable servicemembers with deployment orders
to more easily terminate or to suspend cell phone contracts without fee
or penalty. It sounds like a little thing, but it's big in the lives of
young people who have to face deployment. We're trying to tackle not
only the big things but also these little irritants that affect our
active duty and our veterans.
Congressman Boozman from Arkansas worked on legislation that closes
the loophole in the Service-Disabled Veteran-Owned Small Business
Program. We clarify our intent by extending disabled veterans' small
business contracting provisions to the maximum extent possible to cover
agents purchasing goods and services on behalf of the VA.
On the Subcommittee on Economic Opportunity, Chairwoman Stephanie
Herseth Sandlin and her ranking member, Mr. Boozman, introduced a bill,
which is also included in this legislation, to authorize the VA's
Secretary to advertise in national media outlets to make sure that
veterans are informed of their benefits.
So you see, Madam Speaker, we have some very big things and some
smaller things, but again, in working together, our committee was able
to significantly affect the quality of life for our 25 million veterans
in this country.
I would reserve the balance of my time.
Mr. BUYER. Madam Speaker, I yield myself such time as I may consume.
I rise in support of S. 3023, as amended, the Veterans' Benefits
Improvement Act of 2008. The manager's amendment before us is a
compilation of the bipartisan provisions of 11 bills from both the
House and the Senate Committees on Veterans' Affairs.
I would like to thank Chairman Filner, Chairman Akaka and Ranking
Member Richard Burr for their cooperative efforts in bringing this bill
forward to serve our Nation's veterans.
I would also like to acknowledge the hard work of both the House and
the Senate staff. Our Subcommittee on Economic Opportunity is chaired
by Stephanie Herseth Sandlin and by Dr. John Boozman as ranking member.
Both of them together have a proven track record of working in a
bipartisan manner to ensure that veterans who are leaving active duty
have meaningful career opportunities and the skills needed to pursue
those opportunities.
Our Subcommittee on Disability Assistance and Memorial Affairs has
also demonstrated its dedication to working on behalf of our Nation's
veterans. I want to thank Chairman Hall and Ranking Member Lamborn for
their hard work and bipartisanship in their efforts.
Madam Speaker, S. 3023 incorporates over 60 veterans' provisions that
have passed either the House or the Senate, and that's what had to be
negotiated here between the two bodies. Clearly, time doesn't permit me
to expand on every one of these provisions, but I'd like to highlight
just a few.
I am pleased that the Department of Labor will be required to collect
data on the employment needs of Native Americans. The Department of
Veterans Affairs will begin a 20-year longitudinal study of veterans
who participate in the VA's Vocational Rehabilitation Program. This
measure would also increase the time to 20 years that spouses of
deceased or 100 percent service-connected disabled veterans have to use
their education benefits.
There are provisions that extend the temporary increases in VA-
conforming loan limits in the stimulus act of 2011 and that reduce
equity requirements for VA-guaranteed refinancing loans. As well, there
are provisions that renew the adjustable and hybrid adjustable loan
programs for another 4 years.
This bill expands the servicemember protections under the
Servicemembers Civil Relief Act in several ways. It also clarifies the
VA's authority to purchase advertising as part of outreach efforts.
Madam Speaker, for me, one of the most exciting parts of the bill
would authorize a new program at the VA to promote the increased
participation by disabled veterans in adaptive sports. That is what the
chairman was referring to. The bill would direct the VA to expand its
cooperative sports activities with the United States Paralympics, and
it would authorize $8 million to be used for grants to support an
integrated adaptive sports program managed by the United States
Paralympics and by partners such as the Disabled Sports USA, Blaze
Sport, the National Parks Recreation Association, the Paralyzed
Veterans of America, and the Disabled American Veterans.
I want to thank Chairman Filner for his mutual interest in the
disabled sports and for his efforts to ensure this bill was included.
Chairman Filner, your leadership here, not only for the United States
Olympic Committee's being out in Chula Vista, is extremely important in
making this a reality. So I appreciate your support, not only of our
Olympic Committee but also for the fact that this has become a reality.
So, because of your leadership and for the fact that we were able to
take our mutual interests and to bring them together to serve a greater
need, I applaud your leadership.
The United States Paralympic Team that competed in Beijing included
13 disabled veterans, several of whom were wounded in the war on
terror. Now, a few years back, I visited Chula Vista. This was years
back when the United States Olympic Committee had a very large board,
and we had individuals who were really positioning to profitize off of
the Olympic ideal, and it was very disturbing to me. We had a series of
ethical blunders that occurred at the Olympic Committee. It was the
Olympic Committee's darkest hour.
I came back to Congress. I met with Cliff Stearns at the time, who
was on the Energy and Commerce Committee. He helped set a course for
the reorganization of the United States Olympic Committee at a time
when also then Senator McCain took action in the Senate and when the
Olympic Committee also then created its own task force. The Olympic
Committee had reorganized itself. We went into the past Olympics.
Everyone was pulling on the rope in the same direction. It was very
exciting. I took that relationship that had developed with the United
States Olympic Committee and brought them to the VA to develop these
sports programs.
The whole intent of not only this legislation but of what Chairman
Filner is embracing is to use sports as a platform of healing, and I
think that is extremely important. What we have done here is: As for
these 13 disabled veterans who just returned from the Paralympic Games
in Beijing, this group of wounded warriors produced four gold medals,
three silver medals and three bronze medals. So I'm pretty excited
about these spectacular Americans.
It's the wave of the future when disabled veterans who are competing
with artificial limbs or with spinal cord dysfunctions will be
commonplace. The program we are implementing here today will be the
seed for the VA and for its partners to nurture and grow.
[[Page 21135]]
So I want to thank Chairman Filner for his leadership on this. This
is so meaningful. I look forward next week to coming out to your
district, Chairman Filner, and to going out to Chula Vista, out to the
U.S. Olympic Training Center with the Secretary of the VA. Hopefully,
you'll have an opportunity to be there. I'm pretty excited about these
sports programs.
In Senate 3023, we will also enhance and improve veterans' benefits
and the system that administers them. Such revisions include measures
to increase the accuracy and the timeliness of benefit claims decisions
and to enhance the VA's use of information technology. It will also
look at VA disability compensation to ensure due consideration is
afforded to veterans for their loss of earnings and their quality of
life.
This is something that Senator Burr and I had introduced in a measure
in response to not only the recommendations of the Disability
Commission but also in response to the recommendations of the
Presidential task force of Senator Dole and former Secretary Shalala.
The bill would also improve benefits for the survivors of deceased
veterans. For instance, it would allow the substitution upon the death
of a claimant for the purpose of acquiring benefits. That was Mr.
Lamborn's provision.
The bill would also release survivors of deceased claimants of the
frustration of the time-consuming process of starting the entire claims
process from square one.
The bill would also create a VA Office of Survivors Assistance to
ensure surviving dependents have access to benefits and to services and
that such programs are responsive to the needs of survivors.
With that, Madam Speaker, I would like to reserve the balance of my
time.
Mr. FILNER. Madam Speaker, when Mr. Hall from New York arrived as a
new Member last year and got thrown into looking at the VA disability
claims system, he resolved that this had to be fixed. Two-years' worth
of work is reflected in this bill. A big chunk of the bill comes from
Mr. Hall.
We are so proud of the work you've been able to do, and we look
forward to its helping millions and millions of veterans. Thank you. I
would recognize Mr. Hall for as much time as he may consume.
{time} 2030
Mr. HALL of New York. Madam Speaker, I thank Chairman Filner and
Ranking Member Buyer, and I would also like to thank Senator Akaka and
Ranking Member Senator Burr from the Senate Veterans' Committee, and
tell Mr. Buyer, I wish he could have been there when I was paddling
kayaks with about 20 veterans from the Montrose VA Hospital on the
Hudson River about 2 weeks ago. Some of them have lost their legs or
lost the use of their legs. Some of them were whole of body, but
suffering PTSD or other mental or psychological issues.
Mr. BUYER. How did you do against them?
Mr. HALL of New York. I did fine, and they did great. You can imagine
in a kayak where it is arms and upper body, they can go where they want
to go very fast; faster than I can. It is incredibly therapeutic. It
wasn't not Olympic competition, but it is a perfect example of what you
were talking about in terms of the therapeutic value of that program.
I am honored to be here with my distinguished colleagues in the House
supporting Senate bill S. 3023, the Veterans' Benefits Improvement Act
of 2008. And I am especially grateful that it contains all of the
provisions from our Veterans' Disability Benefits Claims Modernization
Act which I and other members of the subcommittee, including the
ranking member, Congressman Lamborn, worked incredibly hard on in the
Veterans' Affairs Subcommittee on Disability Assistance and Memorial
Affairs.
The bill really grew from the testimony of VSOs, individual veterans,
employees of the VA, various stakeholders on these issues who came for
a year to hearings and round tables and brought us their ideas. I would
like to thank all of them for their contribution.
At the end of July I was told that the backlog of claims had reached
838,000 which is a shameful situation for our country which has so much
technological and medical capability and capacity, to not be able to
keep up with the combination of returning Iraq and Afghanistan veterans
at the same time there is the maturing of our Vietnam veterans. And we
still have vets from other conflicts who are coming in for care at the
same time.
The backlog was predicted to reach a million cases by next year if we
didn't do this, and so I am happy we are moving forward and not letting
that happen. This Congress has done, in a week in which we had the
financial disaster dropped in our lap, and I was afraid that this might
all get put on the back burner, I am pleased that the staff worked as
hard as they did, both House and Senate staff, full committee and
subcommittee staff, and I think it is the right thing to do, not to
make our veterans wait for another 6 months because we are going to a
new Congress and we have to resubmit the whole thing.
Today's VA claims processing system is labor-intensive and paper
based. It relies on an archaic rating schedule and outdated medical
concepts, practices that have been allowed to continue for too long
unchecked and unaddressed. Too many opportunities for change have been
missed, too many reports after reports have been shelved to collect
dust.
This bill will comprehensively repair the VA disability benefits'
system so that veterans and their survivors can receive accurate and
timely assistance. The VA schedule by which veterans are rated for
their disabilities needs to adhere to more modern medical practices and
disability concepts, and should consider such factors as quality of
life and earnings capacity.
VA management issues need to be addressed and inefficiencies
corrected to enhance quality and performance. S. 3023 outlines
procedures so veterans can expedite their claims when they have
included all of the available evidence. It also codifies the VA's
ability to render temporary ratings for undisputed, disabling severe
injuries or illnesses.
Furthermore, the information technology enhancements in the bill
require the VA to institute electronic systems and computer softwares
that are commonplace in other aspects of our society. And I compliment
Ranking Member Lamborn for his consistent advocacy of that portion in
particular of this bill.
Veterans should benefit from the modern technological age that we
live in, and an environmentally friendly, paperless process that can
award claims in real-time, allow two offices that specialize in
different aspects of the medical claims to be looking at the
information at the same time.
Applying for VA benefits should be as easy as online banking, and
that is what we are aiming to make it.
This bill also calls upon the VA to create a survivors' office.
Although the VA's motto is ``to care for widows and orphans,'' it has
never lived up to that visionary idealism of President Lincoln. That
omission is rectified in this bill, especially important while so many
military members are giving their lives in service to this country and
leaving behind their beloved families.
In another measure to support survivors, the bill allows for the
survivor to become the claimant when the veteran dies so that the
pending claim can be adjudicated. It is a travesty that so many
veterans die worried that they will be unable to provide for their
families. Widows and dependent children are left aggrieved and
abandoned by the country their spouses faithfully served just at the
time when they are concerned about so many other adjustments being made
in their lives and that their grief is still being processed at the
same time.
A properly operating benefits system could prevent the ills that
might befall a veteran. We must fight against suicide, divorce,
bankruptcy, stigma, poverty and homelessness among our Nation's
disabled veterans by providing to them the quality of life needs,
providing them with parity among their
[[Page 21136]]
peers, and elimination of stress they encounter in an adversarial and
confusing claims processing system.
I envision S. 3023 as putting the VA on a 21st century track to lead
the way to decisions that are made quickly and correctly. We must treat
our Nation's veterans and their families with the dignity and respect
that they deserve while restoring their faith in us. We must end the
turmoil, alienation and injustice that they feel when they file a claim
for their earned VA benefits by acting now.
I urge all Members to support this bill. I thank both Ranking Member
Buyer and Chairman Filner.
Mr. BUYER. Madam Speaker, I yield myself such time as I may consume.
I would like to thank Chairman Hall and also Mr. Lamborn. I had asked
the staff to go through this bill that we are looking at today, and I
wanted to put authorship on all of the provisions so I get to see who
are the authors of all of the provisions. So I want to thank Mr.
Lamborn and Mr. Hall for their good work on the bill. Mr. Lamborn has a
lot of authorship on a lot of different provisions.
But I see a lot of names in here. There is also Stephanie Herseth
Sandlin and Dr. Boozman. These are two individuals who had a lot of
years working together, and they define bipartisanship on the
committee, Madam Speaker. They have a great work product.
Madam Speaker, at this time I yield to the gentleman from Arkansas
(Mr. Boozman).
Mr. BOOZMAN. Madam Speaker, as ranking member of the Veterans'
Affairs Subcommittee on Economic Opportunity, I am delighted with the
product of our negotiations with the Senate Veterans' Affairs
Committee. This is an excellent bill, and I think we can declare a
victory for America's veterans.
I want to especially thank Chairman Filner and Ranking Member Buyer.
This truly is an excellent product, and I appreciate your leadership in
bringing it all together.
I would also like to acknowledge the excellent bipartisan manner in
which Chairwoman Herseth Sandlin has led the Subcommittee on Economic
Opportunity. She has done a tremendous job, and I congratulate her for
a successful 110th Congress, and look forward to reversing roles with
her again next year.
S. 3023 has a wide range of improvements for employment, education,
vocational rehabilitation, housing programs, and servicemembers'
rights. This bill improves protections for our servicemembers under the
Servicemembers Civil Relief Act, and we require training for Federal
human resource officials to increase the number of veterans in our
Federal workforce.
We will finally study the employment needs of Native Americans and
increase the court's discretion when ruling on veteran's employment
cases. Along with our disabled veterans, we owe so much to the spouses
and children of those who lose their life while on active duty or
become 100 percent disabled in service. Therefore, we extend the time
to use their chapter 35 education benefits to 20 years.
Those who need vocational rehabilitation will find it easier to
qualify for independent living. We will also require the VA to conduct
a 20-year study on 3-year groups of veterans who use voc. rehab
benefits to determine the effectiveness of those benefits.
The recent stimulus bill increased conforming loan limits for VA
guaranteed loans, and we will extend those temporary limits through
2011. Under the temporary increased limits, VA may be able to guarantee
up to nearly $730,000, depending on the location of the home.
We are also renewing the VA's authority to guarantee adjustable and
hybrid adjustable rate loans. These types of loans are ideal for some
veterans, and I am pleased we were able to renew VA's authority.
Disabled veterans will see increased opportunities in sports through
an imaginative integrated adaptive sports program operated by VA, U.S.
Paralympics, Inc., and partners such as Disabled Sports U.S.A.,
National Parks and Recreation Association, Blaze Sports, the DAV and
Paralyzed Veterans of America. The program will support disabled
athletes from the grassroots level through elite competition such as
the recently completed Paralympic Games in Beijing.
Finally, there was some confusion at the VA regarding their authority
to use funds for mass TV and radio advertising to promote veterans'
benefits. S. 3023 makes it clear that VA will now have the authority to
conduct advertising campaigns using modern media methods to reach more
veterans.
Again, Madam Speaker, this is a great bill. I want to again thank our
chairman, Mr. Filner, and our ranking member, Mr. Buyer, and also
Chairwoman Herseth Sandlin for their great work in bringing this
forward.
Mr. BUYER. I would like to thank the gentleman for his leadership,
and I reserve the balance of my time.
Mr. FILNER. Madam Speaker, I yield to the gentleman from Texas (Mr.
Rodriguez), another great member of our committee, for such time as he
may consume.
Mr. RODRIGUEZ. Madam Speaker, I thank the gentleman for this
opportunity regarding the Veterans' Benefits Improvement Act.
This bill improves the treatment and service provided by the
Department of Veterans Affairs to veterans with post-traumatic stress
disorders and substance abuse disorders, and many other provisions.
This is a great opportunity for us to deal with the issue of post-
traumatic stress and be able to get the research that is needed, and
also provide the services that are needed for our veterans coming in
from Afghanistan and Iraq.
We know that our Vietnam veterans suffered tremendously from this,
and we were negligent in not providing the services at that time. But I
know that they worked hard and lobbied us, making sure that we are
there for the soldier that is coming back from Afghanistan and Iraq,
and also providing the services for those Vietnam veterans and those
veterans from previous wars that are suffering tremendous heartaches
and problems from this particular illness.
We know that this illness has created difficulties in terms of
substance abuse. We know that a lot of them try to self-medicate in
dealing with issues, and this will give us a better opportunity to do
the necessary clinical work that will give us the insight that will
help us to deal with those situations and help these soldiers as well
as these veterans and their families.
Let me also take this opportunity, this bill also is a bill that
incorporates H.R. 5664, a bill that I introduced to correct a
bureaucratic oversight in the way that the Veterans Administration
advises contractors constructing or renovating houses for disabled
veterans. My bill seeks to ensure that the veterans whose homes were
updated under this program benefit from all of the modern technology
and construction practices that can be provided.
Today, veterans, particularly those from Iraq and Afghanistan, are
sustaining injuries that in the past conflicts would have resulted in
their death. The variety of these injuries require a fresh look at the
way that the VA provides guidance to vets in using special adaptive
housing grants. The primary guidance that the VA provides contractors
who modify homes under this grant program is VA Pamphlet 26-13 titled
``Handbook For Design: Specially Adaptive Housing.'' This guide was
last updated in 1978. This bill requires an update to that guide at
least every 6 years.
I would like to thank once again Chairman Hall and Chairman Filner
and Ranking Member Buyer for their leadership and their work.
Mr. FILNER. Madam Speaker, I recognize another new member of our
committee, but again a very aggressive, active member, the gentleman
from Indiana (Mr. Donnelly), for 4 minutes.
Mr. DONNELLY. Madam Speaker, today I rise in strong support of S.
3023, the Veterans' Benefits Improvement Act, as amended.
This legislation represents months of work by my colleagues on the
House Veterans' Affairs Committee.
[[Page 21137]]
The SPEAKER pro tempore. If the gentleman would suspend, the Chair
advises the gentleman from California has 30 seconds remaining.
Mr. BUYER. The gentleman may proceed. If he needs time, I will be
more than happy to yield it.
The SPEAKER pro tempore. The gentleman from Indiana has 8\1/2\
minutes remaining.
The gentleman may proceed.
{time} 2045
Mr. DONNELLY. I want to thank the ranking member of the committee, my
friend from my home State of Indiana. Our districts actually touch up
upon each other, and I'll try to be brief and not use too much of his
time.
One key provision in this bill, as amended, would ensure that
severely injured veterans released from active duty are able to receive
disability benefits immediately for injuries that can be promptly rated
while they wait to be assigned a rating for other injuries that are not
immediately ratable.
The bill before us would codify temporary ratings for severely
injured veterans who have paid a high price on behalf of our country.
The passage of this legislation will make temporary ratings a right of
our wounded warriors, instead of just an option to be employed by the
Veterans Administration.
I want to take a moment to thank my good friend, the chairman of the
Disability Assistance and Memorial Affairs Subcommittee, Mr. Hall, for
his work on this legislation. I want to thank Chairman Filner and I
want to thank Ranking Member Buyer for their assistance and leadership
on this issue as well.
We have much work to do to continue to improve the way our disability
claims process works for injured veterans. However, S. 3203 represents
real change that will directly translate to improved service for those
Americans who have fought and sacrificed on behalf of our Nation.
I urge all my colleagues to vote for this bill. I want to thank again
the ranking member for his graciousness.
Mr. BUYER. I yield myself such time as I may consume.
I would like to extend compliments to the Speaker pro tem, the
gentlelady from Ohio, for her attentiveness during this. As a former
member of the Veterans' Affairs Committee yourself, and as a former
chairwoman of one of the committees on Comp and Pen and Memorial
Affairs, I appreciate your leadership here tonight.
I also would like to note that two members of the staff on the
Republican side are not with us here tonight who gave tremendous
contributions to both bills that we've had here tonight, on health and
in benefits; that being the former Staff Director, Jim Lariviere and
Jeff Phillips. Both of these individuals have been called to active
duty, and both were promoted to Brigadier General. So Brigadier General
Jim Lariviere tonight with the United States Marine Corps is on duty,
and Brigadier General Jeff Phillips is also on duty with the United
States Army. We recognize their contribution to these bills tonight,
and wish them Godspeed and safety to themselves and their families.
With that, I want to express my appreciation to Chairman Filner and
the leadership of your team and that of your staff, and to include my
staff for their hard work and the cooperation with that of the United
States Senate.
Ms. JACKSON-LEE of Texas. Madam Speaker, I rise today to speak on S.
3023, Veterans' Benefits Improvement Act of 2008. This bill is so
important to our men and women who have served, are currently serving,
or will serve one day.
As President John F. Kennedy once said, ``As we express our
gratitude, we must never forget that the highest appreciation is not to
utter words, but to live by them.'' Every day on this Floor, we praise
the efforts of the soldiers who defend our way of life and our safety.
If it is not time that we live by President Kennedy's words, and not
just pay them lip service, when will it be?
Veterans face some of the greatest hardships that any of us can ever
imagine. When they return from service, a large number of them can't
acclimate back in to their life in an easy manner. This number goes up
when you look at the members of the service who have seen action in one
of the theatres that we have fought wars in. As of September 24, 2008,
we have lost 4,125 men and women. As you all know, death is not the
only sacrifice that these brave Americans make. Over 10 times that
number of soldiers killed, 10 times that amount have been wounded. When
they do return, they expect that the benefits they were promised are
there to help them transition.
This bill provides a few things that will help the period of
transition run smoothly. First off it says that veterans who need
disability assistance can get it with ease. As anyone who has ever
filled out a government form, they know that they were not designed
with simplicity in mind. These forms often take trained professionals
and a large amount of time to understand how and where to file this
paperwork.
The current way to file is just as confusing as how you file other
governmental forms. If this bill passes the Secretary of Veterans
Affairs would be required to publish regulations relating to how people
in need would request disability assistance. This bill would require
clear and concise words as well as input from the public on what they
think. The best way to prevent confusion is to get interested
stakeholders to be brought into the process.
Second, this bill will standardize the process's time limits. No time
limits on how long a person has to file claims exist today. This means
that if the agency decides they want to deny a claim based on time,
there is no mechanism to appeal. The 60 day deadline allows disabled
veterans who are denied to fight back and get the coverage.
Our soldiers, and the patriotism that they inspire in Americans, need
to be protected. This bill will help the veterans of the past, and the
solders of the future, worry about their safety and not worry about
what they will do when they get home. We need to help these heroes out
anyway we can.
Mr. FILNER. Madam Speaker, I submit the following:
S. 3023, as amended, the Veterans' Benefits Improvement Act
of 2008, reflects a Compromise Agreement reached by the House
and Senate Committees on Veterans' Affairs (the Committees)
on the following bills reported during the 110th Congress:
H.R. 674; H.R. 3681, as amended; H.R. 3889, as amended; H.R.
4255, as amended; H.R. 5664, as amended; H.R. 5892, as
amended; H.R. 6221, as amended; H.R. 6225, as amended, and
H.R. 6832 (House Bills); S. 1315, as amended; and S. 3023, as
amended (Senate Bills).
H.R. 674 passed the House on July 31, 2008; H.R. 3681, as
amended, passed the House on May 20, 2008; H.R. 3889, as
amended, passed the House on May 20, 2008; H.R. 4255, as
amended, passed the House on July 31, 2008; H.R. 5664, as
amended, passed the House on May 20, 2008; H.R. 5892, as
amended, passed the House on July 30, 2008; H.R. 6221, as
amended, passed the House on July 31, 2008; H.R. 6225, as
amended, passed the House on July 31, 2008; H.R. 6832 passed
the House on September 11, 2008; S. 1315, as amended, passed
the Senate on April 24, 2008, and passed the House, as
amended, on September 22, 2008; and S. 3023, as amended,
passed the Senate on September 16, 2008.
The Committees have prepared the following explanation of
S. 3023, as further amended, to reflect a Compromise
Agreement between the Committees. Differences between the
provisions contained in the Compromise Agreement and the
related provisions of the House Bills and the Senate Bills
are noted in this document, except for clerical corrections,
conforming changes made necessary by the Compromise
Agreement, and minor drafting, technical, and clarifying
changes.
TITLE I--COMPENSATION AND PENSION MATTERS
REGULATIONS ON CONTENTS OF NOTICE TO BE PROVIDED CLAIMANTS BY THE
DEPARTMENT OF VETERANS AFFAIRS REGARDING THE SUBSTANTIATION OF CLAIMS
Current Law
Under current law, the Secretary has general authority to
issue regulations.
Senate Bill
Section 101 of S. 3023, as amended, would amend subsection
(a) of section 5103 of title 38, United States Code, to add a
new paragraph that would require the Department of Veterans
Affairs (VA) to promulgate regulations specifying the content
of notices required by the Veterans Claims Assistance Act
(VCAA). The regulations required by S. 3023 would provide
that the notice specify for each type of claim for benefits
the general information and evidence required to substantiate
the claim. The regulations would specify different content of
the notices depending on the type of claim concerned, whether
it be an original claim, a claim for reopening, or a claim
for increase in benefits. The Senate bill would provide
authority for additional or alternative content for notice if
appropriate to the particular benefit or services sought
under the claim. The regulations would also be required to
include in the notice the time period within which such
[[Page 21138]]
information and evidence must be submitted. The provision
would be applicable only to notices which would be sent on or
after the date the regulations are effective.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 101 of the Compromise Agreement generally follows
the Senate language.
The Committees note that the notice required by section
5103 applies to all types of applications for benefits and
services. While the Committees recognize that veterans
seeking service-connected compensation are most likely to
receive VCAA notices, the Compromise Agreement specifically
provides that the notice shall provide that the content of
notices be appropriate to the type of benefits or services
sought. The Committees intend that the Compromise Agreement
would require a notice involving a pension claim to have
different content than a notice concerning a clothing
allowance or a claim for specially adapted housing.
The Committees emphasize that VCAA notices are required
only in cases in which additional information or evidence is
needed to substantiate the claim. If the information and
evidence needed to substantiate the claim is submitted with
the application or contained in the claims file, no VCAA
notice is required. For example, claims for education, health
care, housing, vocational rehabilitation, and burial benefits
might contain sufficient information and evidence to
substantiate the claim without the necessity of a VCAA
notice.
In other respects, the Committees agree that Senate Report
110-148 contains a full explanation of the provision
contained in the Compromise Agreement.
JUDICIAL REVIEW OF ADOPTION AND REVISION BY THE SECRETARY OF VETERANS
AFFAIRS OF THE SCHEDULE OF RATINGS FOR DISABILITIES OF VETERANS
Current Law
Under current law, section 502 of title 38, judicial review
of actions involving VA's rating schedule for disabilities is
prohibited.
Senate Bill
Section 102 of S. 3023, as amended, would authorize the
United States Court of Appeals for the Federal Circuit to
review VA actions relating to the adoption or revision of the
VA disability rating schedule in the same manner as other
comparable actions of the Secretary are reviewed.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 102 of the Compromise Agreement follows the Senate
language.
CONFORMING AMENDMENT RELATING TO NON-DEDUCTIBILITY FROM VETERANS'
DISABILITY COMPENSATION OF DISABILITY SEVERANCE PAY FOR DISABILITIES
INCURRED BY MEMBERS OF THE ARMED FORCES IN COMBAT ZONES
Current Law
Section 1212 of title 10 stipulates the amount of severance
pay available to members of the Armed Forces who separate due
to a disability incurred in the line of duty. Section 1646 of
the Wounded Warrior Act, title XVI of Public Law 110-181,
amended section 1212 to adjust the computation of the amount
of such severance pay and to eliminate the requirement that
severance pay received by servicemembers for a disability
incurred in a combat zone be deducted from VA compensation.
Section 1161 of title 38 stipulates that the deduction of
disability severance pay from disability compensation shall
be made at a monthly rate not in excess of the rate of
compensation to which the individual would be entitled based
on the individual's disability rating. Section 1161 makes
reference to subsection 1212(c) of title 10. However, Public
Law 110-181 did not include a conforming amendment to keep
section 1161 consistent with the changes made to section
1212.
Senate Bill
Section 104 of S. 3023, as amended, would make a conforming
amendment, so that section 1161 of title 38 will be
consistent with section 1212 of title 10. The amendment would
take effect on January 28, 2008, as if it had been included
in the Wounded Warrior Act. As a result, the amended section
1161 of title 38 would reflect the change to section 1212 of
title 10 eliminating the requirement that severance pay for a
disability incurred in a combat zone be deducted from
disability compensation from VA.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 103 of the Compromise Agreement follows the Senate
language.
REPORT ON PROGRESS OF THE SECRETARY OF VETERANS AFFAIRS IN ADDRESSING
CAUSES FOR VARIANCES IN COMPENSATION PAYMENTS FOR VETERANS FOR SERVICE-
CONNECTED DISABILITIES
Current Law
There is no applicable provision in current law.
Senate Bill
Section 105 of S. 3023, as amended, would require VA to
submit a report to Congress describing the Department's
progress in addressing the causes for any unacceptable
variances in compensation payments to veterans.
Section 105 would require VA to submit a report to the
Committees on Veterans' Affairs of the Senate and the House
of Representatives describing the Department's progress in
addressing the causes of unacceptable variances in
compensation payments to veterans for service-connected
disabilities. The report would be due to the Committees not
later than one year after the date of enactment of this
section.
Section 105 would require the report to include three
specific elements: (1) a description of the Veterans Benefits
Administration's efforts to coordinate with the Veterans
Health Administration (VHA) to improve the quality of
disability examinations performed by VHA and contract
clinicians, including the use of standardized templates; (2)
an assessment of the current personnel requirements at each
regional office for each type of claims adjudication
position; and (3) a description of the differences, if any,
in current patterns of submittal rates for claims from
various segments of the veterans population, including
veterans from rural and highly rural areas, minority
veterans, veterans who served in the National Guard or
Reserve, and military retirees.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 104 of the Compromise Agreement generally follows
the Senate language. The Committees acknowledge that it is
unreasonable to expect states to have exactly the same
average compensation or percentage of veterans receiving
compensation. In determining whether differences are
unacceptable, the Committees expect that the Secretary would
identify those that do not result from such basis demographic
discrepancies.
EXTENSION OF TEMPORARY AUTHORITY FOR THE PERFORMANCE OF MEDICAL
DISABILITY EXAMINATIONS BY CONTRACT PHYSICIANS
Current Law
Public Law 104-275, the Veterans' Benefits Improvements Act
of 1996, authorized VA to carry out a pilot program of
contract disability examinations at ten VA regional offices
using amounts available for payment of compensation and
pensions. Public Law 108-183, the Veterans Benefits Act of
2003, provided additional authority to VA, on a time-limited
basis, to contract for disability examinations using
appropriated funds. This additional authority expires on
December 31, 2009.
Senate Bill
Section 604 of S. 3023, as amended, would amend section
704(c) of the Veterans Benefits Act of 2003 (Public Law 108-
183) by striking ``December 31, 2009'' and inserting
``December 31, 2012.'' This would extend VA's authority,
through December 31, 2012, to use appropriated funds for the
purpose of contracting with non-VA providers to conduct
disability examinations.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 105 of the Compromise Agreement follows the Senate
language except that the authority extends only until
December 31, 2010.
ADDITION OF OSTEOPOROSIS TO DISABILITIES PRESUMED TO BE SERVICE-
CONNECTED IN FORMER PRISONERS OF WAR WITH POST-TRAUMATIC STRESS
DISORDER
Current Law
Subsection 1112(b) of title 38 contains two lists of
diseases that are presumed to be related to an individual's
experience as a prisoner of war. The first presumptive list,
in paragraph (2) of section 1112(b), requires no minimum
internment period and includes diseases associated with
mental trauma or acute physical trauma which could plausibly
be caused by even a single day of captivity. The second
presumptive list, found under paragraph (3) of section
1112(b), has a 30-day minimum internment requirement.
Senate Bill
Section 601 of S. 1315, as amended, would add osteoporosis
in veterans whom the Secretary has previously determined have
post-traumatic stress disorder (PTSD), to the list of
disabilities presumed to be service-connected in former
prisoners of war found under paragraph (3) of section 1112(b)
of title 38.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 106 of the Compromise Agreement follows the Senate
language.
[[Page 21139]]
TITLE II--MODERNIZATION OF DEPARTMENT OF VETERANS AFFAIRS DISABILITY
COMPENSATION SYSTEM
Subtitle A--Benefits Matters
AUTHORITY FOR TEMPORARY DISABILITY RATINGS
Current Law
Under current law, the Secretary has, under the Secretary's
general authority, issued regulations providing temporary
ratings for veterans with unstabilized medical conditions who
are recently discharged from active duty, hospitalized
veterans, veterans undergoing convalescent care, and veterans
who are discharged from active duty with a mental disorder
that develops as the result of a highly stressful event.
House Bill
Section 109 of H.R. 5892, as amended, would have provided
VA with authority to issue partial ratings and to act in a
more expeditious manner for claims presenting undisputed
severe and very severe injuries and in turn provide
compensation more quickly where the service-connection link
is indisputable. VA currently possesses the ability to issue
partial ratings, although this authority is not expressly
stated in statute. H.R. 5892, as amended, would expressly
grant VA that authority and require VA to issue a partial
rating in the instances where a veteran has sustained severe
injuries (50 percent or above) and very severe injuries (100
percent) that can be promptly rated, while deferring other
conditions that may not be ready to rate. VA and the
Department of Defense (DOD) have defined these conditions,
and they include limb amputations, paralysis, traumatic brain
injury (TBI), severe burns, blindness, deafness, along with
other radical injuries.
The House bill also further clarified the language so that
VA could rate the indisputable injuries based solely on the
Department of Defense medical records, which would be
extensive for these categories of injuries.
Senate Bill
The Senate Bills contain no comparable provision.
Compromise Agreement
Section 211 of the Compromise Agreement would codify the
various provisions for temporary ratings contained in current
regulations. Specifically, the Committees intend to provide a
specific statutory basis for the regulations currently found
at sections 4.28, 4.29, 4.30 and 4.129 of title 38, Code of
Federal Regulations.
In addition to the authority currently contained in
regulations, the Compromise Agreement provides that veterans
discharged or released from active duty within 365 days of
application who have stabilized medical conditions would be
eligible to receive a temporary rating under certain
circumstances. In general, veterans with stabilized
disabilities would be eligible to receive a temporary rating
under conditions which are similar to those applied to
veterans with unstabilized conditions when a total rating is
not immediately assignable.
The Committees intend that, under this new authority, a
veteran who has a stabilized condition, such as a healed
amputation, but has one or more severe disabilities for which
a total rating is not immediately assignable under the
regular provisions of the rating schedule or on the basis of
Individual Unemployability, could qualify for a temporary
rating when employment was adversely impacted by such
disabilities. The Compromise Agreement would permit such a
veteran to be eligible to receive a temporary rating when
such veteran has severe disabilities that result in
substantially gainful employment not being feasible or
advisable or the veteran has unhealed or incompletely healed
wounds or injuries that make material impairment of
employability likely. The Committees intend that, in
considering eligibility for a temporary rating under this
section, both stabilized and unstabilized conditions could be
considered in determining the impact of such disabilities
upon employment.
The rating assigned under these conditions would be as
prescribed by the Secretary in regulations. The Committees
note that, where current regulations are adequate to address
the conditions for temporary ratings, as set forth in this
section, the Secretary would not be required to issue new
regulations.
SUBSTITUTION UPON DEATH OF CLAIMANT
Current Law
Currently, upon the death of a claimant with a claim or
appeal pending adjudication at the time of death, the
surviving spouse or other beneficiary is unable to take up
the claim where it is in the process and must refile the
claim separately as if submitting a new claim. Section 5121
of title 38 allows for survivors, in order of priority, to
refile this new claim for accrued benefits.
House Bill
Section 111 of H.R. 5892, as amended, would provide that,
in the event of the death of a veteran with a pending
disability claim, an eligible dependent as identified under
section 5121(a)(2) of title 38 would be authorized to
substitute for the deceased claimant rather than being forced
to re-file and restart the claim or appeal. This provision
would also allow an eligible survivor to submit additional
evidence for up to one year after the death of a veteran.
This provision further stipulates that only one person may be
treated as the claimant under this section. Additionally, if
the person who would be eligible to be a claimant under this
section certifies to the Secretary that he or she does not
want to be treated as the claimant for such purposes, he or
she may designate the person who could then be entitled to
receive the benefits under this section. The effective date
of this section would apply only to claims of veterans who
die on or after the date of enactment.
Senate Bill
The Senate bill contains no comparable provisions.
Compromise Agreement
Section 212 of the Compromise Agreement generally follows
the House language. However, the Compromise Agreement
stipulates that, not later than one year after the date of
the death of the claimant, the individual who would be
eligible to receive accrued benefits under section 5121(a) of
title 38 must file a request to be substituted as the
claimant for the purpose of processing the claim to
completion. This is the same time period within which
claimants for accrued benefits are required to file an
application for accrued benefits must file such a claim under
current law. Under the Compromise Agreement, any person
seeking substitution shall present evidence of the right to
claim such status within the time period prescribed by the
Secretary in regulations.
REPORT ON COMPENSATION OF VETERANS FOR LOSS OF EARNING CAPACITY AND
QUALITY OF LIFE AND ON LONG-TERM TRANSITION PAYMENTS TO VETERANS
UNDERGOING REHABILITATION FOR SERVICE-CONNECTED DISABILITIES
Current Law
Under chapter 11 of title 38, VA pays compensation to
veterans who suffer disabilities as a result of an injury or
disease incurred or aggravated in the line of duty during
active duty. Section 1155 of title 38 requires VA to adopt
and apply a schedule of disability ratings, which is used to
determine the amount of compensation that will be provided.
That schedule is based on the average impairment of earning
capacity caused by a service-connected disability.
In July 2007, the President's Commission on Care for
America's Returning Wounded Warriors recommended that
Congress restructure VA disability payments to include
transition payments and that VA update the rating schedule to
reflect current injuries and the impact of disability on
quality of life. In 2008, the Secretary entered into a
contract to conduct studies on those issues. The studies
examined the appropriate level of disability compensation to
be paid to veterans to compensate for loss of earning
capacity and loss of quality of life as a result of service-
connected disabilities. The studies also examined the
feasibility and appropriate level of long-term transition
payments to veterans who are separated from the Armed Forces
due to a disability while those veterans are undergoing a
program of rehabilitation.
Senate Bill
Section 106 of S. 3023, as amended, would require the
Secretary to provide Congress with a report regarding the
results of studies examining the appropriate compensation to
be provided to veterans for loss of earning capacity and loss
of quality of life caused by service-connected disabilities
and examining long-term transition payments to veterans
undergoing rehabilitation for service-connected disabilities.
Section 106 also would require the Secretary to submit to
Congress a report including a comprehensive description of
the findings and recommendations of those studies; a
description of the actions proposed to be taken by the
Secretary in light of those findings and recommendations,
including a description of any proposed modifications to the
VA disability rating schedule or to other regulations or
policies; a schedule for the commencement and completion of
any actions proposed to be taken; and a description of any
legislative action required in order to authorize,
facilitate, or enhance any of the proposed actions. That
report would be due no later than 210 days after the date of
enactment.
House Bill
Section 102(a) of H.R. 5892, as amended, would require the
Secretary to conduct a study on adjusting the schedule for
rating disabilities adopted and applied under section 1155 of
title 38. It would require VA to complete the study within
180 days after the date of enactment and would require VA,
within 60 days after completing the study, to submit to
Congress a report on the study. Not later than 120 days after
the Secretary submits the report, the Secretary would be
required to submit a plan for readjusting the rating
schedule.
Compromise Agreement
Section 213 of the Compromise Agreement generally follows
the Senate language.
[[Page 21140]]
ADVISORY COMMITTEE ON DISABILITY COMPENSATION
Current Law
There is no applicable provision in current law.
House Bill
Section 102(d) of H.R. 5892, as amended, would require the
Secretary to establish an 18-member Advisory Committee on
Disability Compensation. The Committee would consist of
individuals who have demonstrated civic or professional
achievement and who have experience in the provision of
disability compensation or have other relevant scientific or
medical expertise. The Secretary would determine the terms of
pay and service of such members, but their terms of service
would not exceed two years. The Secretary would be authorized
to reappoint members for subsequent terms.
Section 102 would require the Committee to be responsible
for providing advice to the Secretary with respect to the
maintenance and periodic adjustment of the rating schedule.
It would also require the Committee to submit annual
reports to the Secretary and require the Secretary to submit
reports and recommendations to the Committees on Veterans'
Affairs of the House and Senate.
Senate Bill
The Senate Bills contain no comparable provision.
Compromise Agreement
Section 214 of the Compromise Agreement contains the House
provision with modifications. The Committees intend that this
Committee provide medical and scientific advice to the
Secretary concerning the maintenance and readjustment of the
rating schedule. Therefore, the Compromise Agreement provides
that membership be limited to individuals with experience
with the provision of disability compensation by the
Department or individuals who are leading medical or
scientific experts in relevant fields. The Compromise
Agreement extends the term of service of such members to four
years and provides that the terms are to be staggered so as
to provide for continuity of membership on the Committee. The
Compromise Agreement provides that the Secretary shall
appoint a Chair of the Committee.
The Compromise Agreement specifically provides that the
Secretary shall ensure that appropriate personnel, funding,
and other resources are provided to the Committee to carry
out its responsibilities. The Compromise Agreement requires
the Committee to submit biennial reports to the Secretary.
The Compromise Agreement requires the Secretary to submit
such biennial reports to the Committees on Veterans' Affairs
of the Senate and House together with the recommendations of
the Committee and the Secretary.
Subtitle B--Assistance and Processing Matters
PILOT PROGRAMS ON EXPEDITED TREATMENT OF FULLY DEVELOPED CLAIMS AND
PROVISION OF CHECKLISTS TO INDIVIDUALS SUBMITTING CLAIMS
Current Law
Section 5103 of title 38 requires the Secretary to notify a
claimant of the information and medical or lay evidence
needed to substantiate the claimant's claim. Under section
5103A of title 38, the Secretary is required to assist the
claimant by making reasonable efforts to obtain evidence
necessary to substantiate the claimant's claim. In claims for
service-connection, this duty includes obtaining records held
by any Federal department or agency and by providing a
medical examination or opinion necessary to make a
determination on the claim. VA is required to comply with
these laws before issuing a decision on the claim.
House Bill
Section 107(a) of H.R. 5892, as amended, would require the
Secretary to provide for the expeditious treatment of any
fully developed claim. A fully developed claim would be
defined as a claim for which the claimant received assistance
from a veterans service officer, a State or county veterans
service officer, an agent, an attorney or for which the
claimant submits with the claim an indication that the
claimant does not want to submit any additional information
and does not require assistance with respect to the claim.
The claimant would certify in writing that no additional
information is available or needed to be submitted in order
for the claim to be adjudicated. The Secretary would be
required to decide such claims within 90 days of submittal.
Section 107(b) of H.R. 5892, as amended, would require the
Secretary to amend the notice required by section 5103 of
title 38 to require the creation of a detailed checklist for
claims for specific requests of additional information or
evidence.
The checklist would be required to be developed within 180
days of enactment.
Senate Bill
The Senate Bills contain no comparable provision.
Compromise Agreement
Section 221 of the Compromise Agreement accepts the House
provision with an amendment that creates two pilot programs
to test the effectiveness of providing expedited treatment of
fully-developed claims and providing an additional checklist
that includes information or evidence required to be
submitted by the claimant to substantiate the claim. The
pilot program on expedited treatment of fully developed
claims would be carried out at 10 VA regional offices for a
period of one year beginning 60 days after the date of
enactment; the pilot program on the provision of checklists
to individuals submitting claims would be carried out at four
VA regional offices for a period of one year beginning 60
days after the date of enactment for original claims and for
a period of three years beginning 60 days after the date of
enactment for reopened claims and claims for increased
disability ratings. The Secretary would be required to
provide interim reports for each pilot authorized under this
section and final reports would be due to Congress upon
conclusion of the pilots.
The Compromise Agreement provides that such checklist be
construed as an addendum to the notice require by section
5103 of title 38 and shall not be considered as part of the
notice for purposes of reversal or remand of a decision of
the Secretary. As such, the Committees stress that these
checklists are intended to serve only as guidance for
claimants and that any errors in these checklists should not
be the basis for a remand of the claimant's claim.
The Committees expect that, in selecting locations for the
pilot projects, the Secretary shall ensure that regional
offices of various size and geographic location are included
in the pilot projects. The Committees encourage the Secretary
to locate the four pilot programs for the checklist at
locations selected for the expedited claims pilot projects.
OFFICE OF SURVIVORS ASSISTANCE
Current Law
There is no relevant provision in current law.
House Bill
Section 101 of H.R. 5892, as amended, would require VA to
create an Office of Survivors Assistance (Office) within the
Veterans Benefits Administration that would provide policy
and program analysis and oversight regarding all benefits and
services delivered by the VA to survivors of deceased
veterans and servicemembers.
The Office would be responsible for ensuring that survivors
and dependents of deceased veterans and deceased members of
the Armed Forces have access to applicable benefits and
services provided under title 38. The Office would also be
responsible for regular and consistent monitoring of benefits
delivery to survivors and dependents and ensuring that
appropriate referrals are made with respect to various
administrations within the VA.
The Office would act as a primary advisor to the Secretary
on all matters related to the policies, programs, legislative
issues, and other initiatives affecting such survivors and
dependents.
The Secretary would be required to identify and include the
activities of the Office in the annual report to Congress
under section 529 of title 38.
In establishing the Office, the Secretary would have to
seek guidance from interested stakeholders, including
veterans service organizations and other service
organizations.
The Secretary would be required to ensure that appropriate
personnel, funding, and other resources are provided to the
Office to carry out its responsibilities.
Senate Bill
The Senate Bills contain no comparable provisions.
Compromise Agreement
Section 222 of the Compromise Agreement follows the House
language with modifications. In the Compromise Agreement, the
Office is established in the Department rather than in the
Veterans Benefits Administration (VBA). The Committees expect
that, by placing the Office under the Department, the full
spectrum of VA benefits and services for survivors would be
addressed.
The Compromise Agreement does not specify the duties of the
office in the legislation. However, the Committees intend
that the Office be responsible for ensuring that the
surviving spouses, children and parents of deceased veterans,
including deceased members of the Armed Forces, have access
to applicable benefits and services under title 38. The
Committees expect that programs carried out by the Department
for such survivors will be conducted in a manner that is
responsive to their specific needs. The Committees expect the
Office to conduct regular and consistent monitoring of the
delivery of benefits and services to this population. The
Committees expect the Office to ensure that policies and
procedures are such that such survivors will receive
appropriate referrals to the relevant administrations and
offices of the Department, so that such survivors may receive
all of the benefits and services for which they are eligible.
[[Page 21141]]
COMPTROLLER GENERAL REPORT ON ADEQUACY OF DEPENDENCY AND INDEMNITY
COMPENSATION TO MAINTAIN SURVIVORS OF VETERANS WHO DIE FROM SERVICE-
CONNECTED DISABILITIES
Current Law
VA dependency and indemnity compensation (DIC) is a benefit
that is paid to survivors of certain veterans. To be
eligible, the veteran's death must have resulted from: a
disease or injury incurred or aggravated in the line of duty
or active duty for training; an injury incurred or aggravated
in the line of duty while on inactive duty training; or, a
service-connected disability or a condition directly related
to a service-connected disability.
DIC may also be paid to survivors of veterans who were
totally disabled from service-connected conditions at the
time of death, even if the death was not cause by their
service-connected disabilities. To be eligible for the
benefit under this circumstance, the veteran must have been
rated totally disabled for the ten years preceding death;
rated totally disabled from the date of military discharge
and for at least five years immediately preceding death; or,
a former prisoner of war who died after September 30, 1999,
and who was rated totally disabled for at least one year
immediately preceding death.
Surviving spouses of veterans who died on or after January
1, 1993, receive a basic rate, plus additional amounts for
dependent children. Surviving spouses of veterans who died
prior to January 1, 1993, receive an amount based on the
deceased veteran's military pay grade, plus additional
amounts for dependents.
Senate Bill
Section 807 of S. 1315, as amended, would require the
Comptroller General to report on the adequacy of DIC to
maintain survivors of veterans who die from service-connected
disabilities. The Comptroller General would be required to
submit, to the Committees on Veterans' Affairs of the Senate
and House of Representatives, a report regarding the adequacy
of the benefits to survivors in replacing the deceased
veteran's income. The Comptroller General would be required
to include a description of the current system of payment of
DIC to survivors, including a statement of DIC rates; an
assessment of the adequacy of DIC in replacing a deceased
veteran's income; and any recommendations that the
Comptroller General considers appropriate in order to improve
or enhance the effects of DIC in replacing the deceased
veteran's income. The Comptroller General would be required
to submit the report not later than ten months after the date
of enactment of the provision.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 223 of the Compromise Agreement follows the Senate
language.
INDEPENDENT ASSESSMENT OF QUALITY ASSURANCE PROGRAM
Current Law
Section 7731 of title 38 requires the Secretary to carry
out a quality assurance program within the Veterans Benefits
Administration. Under this provision, the Secretary has
elected to carry out a separate quality assurance program,
the Systematic Technical Accuracy Review (STAR), for
measuring compensation and pension claims processing
accuracy.
House Bill
Section 106 of H.R. 5892, as amended, would require the
Secretary to contract with an independent third-party entity
for an annual quality assurance assessment. The assessment
would measure a statistically valid sample of VBA employees
and their work product to assess quality and accuracy. The
provision would also require the production of automated
categorizable data to help identify trends. Under this
provision, the Secretary would be required to use information
gathered through the annual assessment to develop an employee
certification as found in section 105 of H.R. 5892, as
amended.
Senate Bill
The Senate Bills contain no similar provision.
Compromise Agreement
Section 224 of the Compromise Agreement follows the House
bill with modifications. Under the Compromise Agreement, the
Secretary would enter into a contract with an independent
third-party entity to conduct a three-year assessment of the
quality assurance program. The Committees intend that this
provision would be applicable only to quality assurance
programs involving the adjudication of claims for
compensation and pension benefits. The Compromise Agreement
does not include language from section 106 of H.R. 5892, as
amended, which would have expressly required the Secretary to
ensure the accuracy and consistency across different regional
offices with the Department as an amendment to 7731, of title
38, United States Code. However, the Committees agree that
the Secretary should strive to reduce variances in ratings
for disability compensation between regional offices. The
Committees note that section 104 of the Compromise Agreement
requires a report from the Secretary in addressing
unacceptable variances in compensation payments.
The Compromise Agreement also contains provisions from the
House bill which would require the Secretary to retain,
monitor, and store in an accessible format certain data with
respect to claims for service-connected disability
compensation. The Committee recognizes that sex and race data
are not kept by the Department within the database utilized
by the Veterans Benefits Administration at this time and,
therefore, excluded those items from the data required to be
collected.
In other respects, the Compromise Agreement generally
follows the House bill. The Committees agree that House
Report 110-789 contains a full explanation of the House
provisions which were modified in the Compromise Agreement.
CERTIFICATION AND TRAINING OF EMPLOYEES OF THE VETERANS BENEFITS
ADMINISTRATION RESPONSIBLE FOR PROCESSING CLAIMS
Current Law
The Secretary has general authority to manage and provide
for certification of employees of the Department. There is no
specific applicable provision in current law.
House Bill
Section 105 of H.R. 5892, as amended, would require the
Secretary to develop a certification examination to test
appropriate VBA employees and managers who are responsible
for processing claims for benefits. The Secretary would be
required to develop such examinations in consultation with
specified stakeholders. The Secretary would be directed to
require such employees and managers to take a certification
examination. The Secretary would be prohibited from
satisfying the requirements of the bill through the use of
any certification examination or program that exists as of
the date of enactment of the bill.
The House provision would also require the Secretary to
contract with an outside entity to conduct an evaluation of
VBA's training and quality assurance programs within 180 days
of enactment and provide the results of such evaluation to
Congress.
Senate Bill
The Senate Bills contain no comparable provision.
Compromise Agreement
Section 225 of the Compromise Agreement follows the House
language with modifications. The Compromise Agreement would
apply only to employees and managers who are responsible for
processing claims for compensation and pension benefits. By
using the general term ``compensation and pension'' benefits,
the Committees intend that the provision would apply to
employees and managers responsible for processing claims for
all monetary benefits paid to veterans and survivors,
including DIC, death compensation, death pension and benefits
paid to children under chapter 18 of title 38.
Under the Compromise Agreement, the Secretary is required
to consult with examination development experts, interested
stakeholders, and employee representatives and consider the
data produced under section 7731(c)(3) of title 38 as added
by section 224 of the bill.
The Compromise Agreement does not contain the prohibition
on use of certification examinations or programs that
currently exist as in H.R. 5892, as amended. However, the
Compromise Agreement requires the Secretary to develop an
updated certification examination no later than one year
after the date of enactment of this bill and to begin using
the updated examination within 90 days after the date on
which development of the updated examination is complete.
The Compromise Agreement does not include the House
provision requiring that VA contract for an evaluation.
However, it does require the Comptroller General of the
United States to evaluate the training programs administered
for employees of the Veterans Benefits Administration and
submit a report on the findings of the evaluation to the
Committees.
STUDY OF PERFORMANCE MEASURES FOR CERTAIN EMPLOYEES OF THE VETERANS
BENEFITS ADMINISTRATION
Current Law
There is no applicable provision in current law.
House Bill
Section 103 of H.R. 5892, as amended, would require the
Secretary to conduct a study of VBA's work credit system,
which is used to measure the work production of VBA
employees. This section of the House bill would require that
the Secretary consider the advisability of implementing:
performance standards and accountability measures; guidelines
and procedures for the prompt processing of claims that are
ready to rate upon submission; guidelines and procedures for
the processing of such claims submitted by severely injured
and very severely injured veterans; and requirements for
assessments of claims processing at each regional office for
the purposes of producing lessons learned and best practices.
A report on the study
[[Page 21142]]
would be required no later than 180 days after the Secretary
submits to Congress the report; and the Secretary would be
obligated to establish a new system for evaluating work
production. This section of H.R. 5892, as amended, would
prohibit the Secretary from awarding a work credit to any
employee of the Department if the Secretary has not
implemented a new system within the time specified.
Section 104 of H.R. 5892, as amended, would require the
Secretary to conduct a study on the work management system of
the Veterans Benefits Administration designed to improve
accountability, quality, and accuracy and reducing the time
for processing claims for benefits.
Senate Bill
The Senate Bills contain no comparable provision.
Compromise Agreement
Section 226 of the Compromise Agreement generally follows
the House language with modifications. Under the Compromise
Agreement, the Secretary would be required to conduct a study
on the effectiveness of the current employee work credit
system and the work management system of the Veterans
Benefits Administration which is used to measure and manage
the work production of employees of the Veterans Benefits
Administration who handle claims for compensation and pension
benefits. The Secretary would be required to report to
Congress on the work credit system and work management system
no later than October 31, 2009. The report would be required
to identify the components required to implement an updated
system for evaluating such VBA employees.
In addition, the Compromise Agreement requires that not
later than 210 days after the date on which the Secretary
submits to Congress the report required under this section,
the Secretary shall establish an updated system, based upon
the findings of the study, for evaluating the performance and
accountability of VBA employees who are responsible for
processing claims for compensation or pension benefits.
REVIEW AND ENHANCEMENT OF USE OF INFORMATION TECHNOLOGY IN VETERANS
BENEFITS ADMINISTRATION
Current Law
There is no applicable provision in current law.
House Bill
Section 110 of H.R. 5892, as amended, would require the
Secretary to conduct a review, no later than one year after
the date of enactment of this Act, on the use of information
technology within the Veterans Benefits Administration. It
also requires the Secretary to develop a comprehensive plan
for use of such technology in processing claims for benefits
so as to reduce subjectivity, avoidable remands, and regional
office variances in disability ratings for specific
disabilities.
The House bill would also require that the comprehensive
plan include information technology upgrades including web
portals, rules-based expert systems, and decision support
software.
Under the House bill, a report on the progress of the
review and plan would be due to Congress by no later than
January 1, 2009.
Senate Bill
The Senate Bills contain no comparable provision.
Compromise Agreement
Section 227 of the Compromise Agreement generally follows
the House bill, except that it clarifies two of the
comprehensive plan requirements contained in section 110 of
H.R. 5892, as amended. The Compromise Agreement gives the
Secretary the discretion to include the following elements,
to the extent practicable: the ability for benefits'
claimants to view applications online and compliance with
security requirements as noted in section 227 (b)(3)(B)(ii)
of the Compromise Agreement.
The Compromise Agreement also requires that the plan be
developed, not later than one year after date of enactment.
The Compromise Agreement requires, no later than April 1,
2010, a report to Congress on the review and the
comprehensive plan required under this section.
STUDY AND REPORT ON IMPROVING ACCESS TO MEDICAL ADVICE
Current Law
There is no applicable provision in current law.
House Bill
Section 108 of H.R. 5892, as amended, would require the
Secretary to conduct a study to evaluate the need of the
Veterans Benefits Administration to employ medical
professionals who are not physicians, to act as a medical
reference for employees of the Administration so that such
employees may accurately assess medical evidence submitted in
support of claims for benefits under laws administered by the
Secretary. The House bill would prohibit any medical
professionals of the Veterans Health Administration from
being employed to rate any disability or evaluate any claim.
It would require the Secretary to conduct a statistically
significant survey of VBA employees to ascertain whether,
how, and to what degree medical professionals could provide
assistance to such employee.
Section 108 would also require the Secretary to submit to
Congress a report, within 180 days of enactment of the bill,
to evaluate the need to employ such medical professionals. If
the Secretary hired medical professionals pursuant to this
study, the House bill would require that all employees of all
VBA regional offices have access to the medical
professionals.
Senate Bill
The Senate Bills contain no comparable provision.
Compromise Agreement
Section 228 of the Compromise Agreement generally follows
the House language with modifications. The Compromise
Agreement requires the Secretary to conduct a study to assess
the feasibility and advisability of various mechanisms to
improve communication between the Veterans Benefits
Administration and the Veterans Health Administration when
needed by Veterans Benefits Administration employees to carry
out their duties. The study is also required to evaluate
whether additional medical professionals are necessary to
provide access to relevant Veterans Benefits Administration
employees. The Compromise Agreement omits the requirement in
the House bill for a statistically significant study of
employees.
TITLE III--LABOR AND EDUCATION MATTERS
Subtitle A--Labor and Employment Matters
REFORM OF USERRA COMPLAINT PROCESS
Current Law
Chapter 43 of title 38 provides reemployment and employment
rights to servicemembers, veterans, and those who seek to
join a uniformed service through the Uniformed Services
Employment and Reemployment Rights Act (USERRA). Individuals
can privately enforce their rights by filing a complaint in
federal or state court, or, in the case of a complaint
against a federal employer, by submitting a complaint to the
Merit Systems Protection Board (MSPB). In addition,
individuals can request assistance from the federal
government by filing a complaint with the Department of
Labor's Veterans' Employment and Training Service (DOL VETS),
which investigates and attempts to resolve complaints, and,
if requested, will refer complaints for litigation. DOL VETS
refers complaints against federal agencies to the Office of
Special Counsel (OSC) and complaints against private sector
employers and state and local governments to the Attorney
General. The Special Counsel or Attorney General may
represent individuals before the MSPB or in federal court,
respectively.
Senate Bill
Section 302 of S. 3023, as amended, would create deadlines
for DOL VETS, OSC, and the Attorney General to provide
assistance to servicemembers who believe that their rights
under USERRA have been violated.
Within 5 days of receiving a USERRA complaint, DOL VETS
would be required to notify a complainant in writing about
his or her rights to receive governmental assistance,
including the right to request a referral and the relevant
deadlines that the federal agencies must meet and within 90
days of receiving the complaint, DOL VETS would be required
to complete its assistance and investigation and notify the
complainant of the results and his or her rights, including
the right to request a referral and the deadlines federal
agencies must meet. Within 48 days after receiving a request
for a referral, DOL would be required to refer a complaint to
OSC or the Attorney General. Within 60 days of receiving a
referral, OSC or the Attorney General would be required to
determine whether to provide legal representation to the
complainant and notify the complainant of that decision in
writing.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 311 of the Compromise Agreement follows the Senate
language.
MODIFICATION AND EXPANSION OF REPORTING REQUIREMENTS WITH RESPECT TO
ENFORCEMENT OF USERRA
Current Law
Under current law, the Secretary of Labor must file an
annual report to Congress that includes the number of cases
reviewed by DOL VETS and the Department of Defense Employer
Support of the Guard and Reserve, the number of cases
referred to OSC and the Attorney General, and the number of
complaints filed by the Attorney General.
Senate Bill
Section 303 of S. 3023, as amended, would expand the
reporting requirements regarding the federal government's
enforcement of USERRA by requiring data on the number of
individuals whose cases are reviewed by both the Department
of Defense Employer Support of the Guard and Reserve (DOD
ESGR), DOL VETS, OSC, and the Attorney General that involve a
disability-related issue, and the number of cases that
involve a person with a service-connected disability. In
addition, the Senate bill would change the date on which the
report is required.
[[Page 21143]]
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 312 of the Compromise Agreement follows the Senate
language.
TRAINING FOR EXECUTIVE BRANCH HUMAN RESOURCES PERSONNEL ON EMPLOYMENT
AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES
Current Law
There is no applicable provision in current law.
Senate Bill
Section 304 of S. 3023, as amended, would add a new section
to chapter 43 of title 38 to require the head of each Federal
executive agency to provide training for human resources
personnel on the rights, benefits, and obligations of members
of the Armed Forces under USERRA and the administration of
USERRA by Federal executive agencies. It would require that
the training be developed and provided in consultation with
the Office of Personnel Management. The training would be
provided as often as specified by the Director of the Office
of Personnel Management in order to ensure that the human
resources personnel are kept fully and currently informed
about USERRA.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 313 of the Compromise Agreement follows the Senate
language.
REPORT ON THE EMPLOYMENT NEEDS OF NATIVE AMERICAN VETERANS LIVING ON
TRIBAL LANDS
Current Law
There is no applicable provision in current law.
Senate Bill
Section 305 of S. 3023, as amended, would require a report
by the Secretary of Labor on efforts to address the
employment needs of Native American veterans living on tribal
lands.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 314 of the Compromise Agreement follows the Senate
language.
EQUITY POWERS
Current Law
Under section 4323(e) of title 38 courts may, in an action
brought against a State or private employer, use their full
equity powers to vindicate the rights or benefits of
individuals provided under USERRA.
House Bill
Section 2 of H.R. 6225, as amended, would amend section
4323(e) of title 38 to require that, in USERRA actions
brought against private or State employers, courts shall use
their equity powers in any case in which the court determines
it is appropriate.
Senate Bill
The Senate Bills contain no comparable provision.
Compromise Agreement
Section 315 of the Compromise Agreement follows the House
language.
WAIVER OF RESIDENCY REQUIREMENT FOR DIRECTORS FOR VETERANS' EMPLOYMENT
AND TRAINING
Current Law
Section 4103(a)(2) of title 38 requires that each State
Director of Veterans' Employment and Training (SDVET) have
been, at the time of appointment, a bona fide resident of the
State for at least two years.
Senate Bill
Section 303 of S. 1315, as amended, would permit waiver of
a residency requirement for SDVETs.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 316 of the Compromise Agreement follows the Senate
language.
MODIFICATION OF SPECIAL UNEMPLOYMENT STUDY TO COVER VETERANS OF POST 9/
11 GLOBAL OPERATIONS
Current Law
Section 4110A of title 38 requires the Secretary of Labor,
through the Bureau of Labor Statistics, to submit a report
every two years on the employment and unemployment
experiences of Vietnam-era veterans, Vietnam-theater
veterans, special disabled veterans, and recently separated
veterans.
Senate Bill
Section 304 of S. 1315, as amended, would update this
special unemployment study to focus on veterans of the Post-
9/11 Global Operations period and require an annual report.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 317 of the Compromise Agreement generally follows
the Senate language, except that the report would be required
to include veterans of the Vietnam era, as well as veterans
of the Post-9/11 Global Operations period.
Subtitle B--Education Matters
MODIFICATION OF PERIOD OF ELIGIBILITY FOR SURVIVORS' AND DEPENDENTS'
EDUCATIONAL ASSISTANCE OF CERTAIN SPOUSES OF INDIVIDUALS WITH SERVICE-
CONNECTED DISABILITIES TOTAL AND PERMANENT IN NATURE
Current Law
Under the Survivors' and Dependents' Educational Assistance
(DEA) program, VA provides up to 45 months of education
benefits to certain children or spouses of military
personnel. For instance, the spouse of a veteran or
servicemember may be eligible for benefits if the veteran
died, or is permanently and totally disabled, as the result
of a service-connected disability or if the veteran died from
any cause while a permanent and total service-connected
disability was in existence.
The spouse generally must use these education benefits
within ten years after the date on which the veteran dies or
is found to be permanently and totally disabled. However, if
the servicemember died while on active duty, the spouse may
use the education benefits during the twenty-year period
after the servicemember's death.
Senate Bill
Section 311 of S. 3023, as amended, would extend from ten
years to twenty years the time within which the spouses of
certain severely injured veterans have to use their DEA
benefits. Specifically, the twenty-year period would be
available to a spouse of a veteran who becomes permanently
and totally disabled within three years after discharge from
service, if the spouse remains married to the veteran.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 321 of the Compromise Agreement follows the Senate
language.
REPEAL OF REQUIREMENT FOR REPORT TO THE SECRETARY OF VETERANS AFFAIRS
ON PRIOR TRAINING
Current Law
Under current law, State approving agencies approve, for VA
education benefits purposes, the application of educational
institutions providing non-accredited courses if the
institution and its courses meet certain criteria. Among
these is the requirement that the institution maintain a
written record of the previous education and training of the
eligible person and what credit for that training has been
given the individual. The institution must notify both VA and
the eligible person regarding the amount of credit the school
grants for previous training.
Senate Bill
Section 312 of S. 3023, as amended, would repeal the
requirement that an educational institution providing non-
accredited courses notify VA of the credit granted for prior
training of certain individuals.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 322 of the Compromise Agreement contains the Senate
provision.
MODIFICATION OF WAITING PERIOD BEFORE AFFIRMATION OF ENROLLMENT IN A
CORRESPONDENCE COURSE
Current Law
Under current law, in the case of courses offered through
correspondence, an enrollment agreement signed by a veteran,
spouse, or surviving spouse will not be effective unless he
or she, after ten days from the date of signing the
agreement, submits a written and signed statement to VA
affirming the enrollment agreement. In the event the
individual at any time notifies the institution of his or her
intention not to affirm the agreement, the institution,
without imposing any penalty or charging any fee, shall
promptly make a refund of all amounts paid.
Senate Bill
Section 313 of S. 3023, as amended, would decrease to five
days the waiting period before affirmation of enrollment in a
correspondence course may be finalized for purposes of
receiving educational assistance from VA.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 323 of the Compromise Agreement follows the Senate
language.
CHANGE OF PROGRAMS OF EDUCATION AT THE SAME EDUCATIONAL INSTITUTION
Current Law
Under current law, a student who desires to initiate a
program of education must submit an application to VA in the
form prescribed by the Department. If the student decides a
different program is more advantageous to his or her needs,
that individual
[[Page 21144]]
may change his or her program of study once. However,
additional changes require VA to determine that the change is
suitable to the individual's interests and abilities. It is
rare for VA to deny a change of program, especially if the
student is continuing in an approved program at the same
school.
Senate Bill
Section 314 of S. 3023, as amended, would repeal the
requirement that an individual notify VA when the individual
changes educational programs but remains enrolled at the same
educational institution.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 324 of the Compromise Agreement follows the Senate
language.
REPEAL OF CERTIFICATION REQUIREMENT WITH RESPECT TO APPLICATIONS FOR
APPROVAL OF SELF-EMPLOYMENT ON-JOB TRAINING
Current Law
Under current law, all provisions of title 38 that apply to
VA's other on-job training (OJT) programs (except the
requirement that a training program has to be for at least
six months) apply to franchise-ownership OJT, including the
requirement that the trainee earn wages that are increased on
an incremental basis.
Senate Bill
Section 315 of S. 3023, as amended, would exempt on-the-job
training programs from the requirement to provide
participants with wages if the training program is offered in
connection with the purchase of a franchise.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 325 of the Compromise Agreement follows the Senate
language.
COORDINATION OF APPROVAL ACTIVITIES IN THE ADMINISTRATION OF EDUCATION
BENEFITS
Current Law
Under chapter 36 of title 38 VA contracts for the services
of State approving agencies (SAAs) for the purpose of
approving programs of education at institutions of higher
learning, apprenticeship programs, on-job training programs,
and other programs that are located within each SAA's State
of jurisdiction. Generally SAA approval of these programs is
required before beneficiaries may use their educational
assistance benefits to pay for them. The Departments of
Education and Labor also assess education and training
programs for various purposes, primarily for awarding student
aid and providing apprenticeship assistance.
Senate Bill
Section 301 of S. 1315, as amended, would amend section
3673 of title 38 to require VA to take appropriate actions to
ensure the coordination of approval activities performed by
SAAs and approval activities performed by the Department of
Labor, the Department of Education, and other entities in
order to reduce overlap and improve efficiency in the
performance of those activities.
House Bill
The House Bills have no comparable provision.
Compromise Agreement
Section 326 of the Compromise Agreement follows the Senate
language.
Subtitle C--Vocational Rehabilitation Matters
WAIVER OF 24-MONTH LIMITATION ON PROGRAM OF INDEPENDENT LIVING SERVICES
AND ASSISTANCE FOR VETERANS WITH A SEVERE DISABILITY INCURRED IN THE
POST-9/11 GLOBAL OPERATIONS PERIOD
Current Law
Under chapter 31 of title 38 VA may provide services to
certain veterans with service-connected disabilities to help
them achieve maximum independence in daily living. Under
section 3105 of title 38 the general rule is that no more
than 24 months of these services may be provided to a
veteran. However, under section 3105(d) of title 38 the
period may be extended if ``the Secretary determines that a
longer period is necessary and likely to result in a
substantial increase in a veteran's level of independence in
daily living.''
Senate Bill
Section 301 of S. 3023, as amended, would amend section
3105(d) of title 38 to allow VA, without having to make such
a determination, to extend the 24-month cap on independent
living services for any veteran who served on active duty
during the Post-9/11 Global Operations period and incurred or
aggravated a severe disability during that service.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 331 of the Compromise Agreement follows the Senate
language.
INCREASE IN CAP OF NUMBER OF VETERANS PARTICIPATING IN INDEPENDENT
LIVING PROGRAM
Current Law
Section 3120(e) of title 38 authorizes VA to initiate a
program of independent living services for no more than 2,500
service-connected disabled veterans in each fiscal year.
Senate Bill
The Senate Bills contains no comparable provision.
House Bill
Section 301 of H.R. 6832 increases to 2,600 the number of
veterans who may initiate a program of independent living
services in any fiscal year.
Compromise Agreement
Section 332 of the Compromise Agreement follows the House
language.
REPORT ON MEASURES TO ASSIST AND ENCOURAGE VETERANS IN COMPLETING
VOCATIONAL REHABILITATION
Current Law
Under chapter 31 of title 38, VA provides vocational
rehabilitation and employment services to veterans with
service-connected disabilities. In its July 2007 report, the
President's Commission on Care for America's Returning
Wounded Warriors found that, ``of the 65,000 who apply for
[VA's Vocational Rehabilitation and Employment program] each
year, at most 10,000 of all ages complete the employment
track in the program each year.'' The Commission also found
that ``the effectiveness of various vocational rehabilitation
programs is not well established, and the VA should undertake
an effort to determine which have the greatest long-term
success.'' In addition, the Commission recommended that ``VA
should develop financial incentives that would encourage
completion'' of vocational rehabilitation.
Senate Bill
Section 306 of S. 3023, as amended, would require VA to
conduct a study that would identify the various factors that
may prevent or preclude veterans from successfully completing
their vocational rehabilitation plans. It would also require
identification of actions that the Secretary may take to
address such factors. Not later than 270 days after beginning
the study, VA would be required to submit to the Committees
on Veterans' Affairs of the Senate and House of
Representatives a report including the findings of the study
and any recommendations on actions that should be taken in
light of that study.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 333 of the Compromise Agreement generally follows
the Senate language, except that it includes language to
specify that the study is required only to the extent that it
does not duplicate elements of a VA study or report released
during the one-year period after the date of enactment.
LONGITUDINAL STUDY OF DEPARTMENT OF VETERANS AFFAIRS VOCATIONAL
REHABILITATION PROGRAMS
Current Law
Under chapter 31 of title 38 VA provides vocational
rehabilitation and employment services for certain veterans
with service-connected disabilities. VA currently collects
data that does not accurately demonstrate the long-term
results of participation in, or completion of, VA's
vocational rehabilitation and employment program. Typically,
VA knows how long a veteran spends in the various phases in
long-term training and the costs related to that
participation. However, VA does not collect data on earnings,
promotions, and other long-term employment-related data
following completion of the program. VA also does not collect
data on those who may qualify for the program but do not
complete the track of the program appropriate to their
situation.
House Bill
Section 1 of H.R. 3889 would require VA, subject to the
availability of appropriated funds, to conduct a longitudinal
study, over a period of at least 20 years, of a statistically
valid sample of certain groups of individuals who participate
in VA's vocational rehabilitation and employment program. The
groups of individuals would include those who begin
participating in the vocational rehabilitation program during
fiscal year 2009, those individuals who begin participating
in such a program during fiscal year 2011, and those
individuals who begin participating in such a program during
fiscal year 2014.
By not later than July 1 of each year covered by the study,
the Secretary would be required to submit to the Committees
on Veterans' Affairs of the Senate and House of
Representatives a report on the study during the preceding
year. The Secretary would be required to include in the
report any data necessary to determine the long-term outcomes
of the individuals participating in the program. In addition,
each report would be required to contain (1) the number of
individuals participating in vocational rehabilitation
programs who suspended participation in such a program during
the year covered by the report; (2) the average number of
months such individuals served on active
[[Page 21145]]
duty; (3) the distribution of disability ratings of such
individuals; (4) the types of other benefits administered by
the Secretary received by such individuals; (5) the types of
social security benefits received by such individuals; (6)
any unemployment benefits received by such individuals; (7)
the average number of months such individuals were employed
during the year covered by the report; (8) the average annual
starting and ending salaries of such individuals who were
employed during the year covered by the report; (9) the
number of such individuals enrolled in an institution of
higher learning; (10) the average number of academic credit
hours, degrees, and certificates obtained by such individuals
during the year covered by the report; (11) the average
number of visits such individuals made to VA medical
facilities during the year covered by the report; (12) the
average number of visits such individuals made to non-VA
medical facilities during the year covered by the report;
(13) the average annual income of such individuals; (14) the
average total household income of such individuals for the
year covered by the report; (15) the percentage of such
individuals who own their principal residences; and (16) the
average number of dependents of each such veteran.
Senate Bill
The Senate Bills contain no comparable provision.
Compromise Agreement
Section 334 of the Compromise Agreement generally follows
the House language, except that study participants would be
selected from those individuals who begin participating in
VA's vocational rehabilitation program during fiscal years
2010, 2012, and 2014.
TITLE IV--INSURANCE MATTERS
REPORT ON INCLUSION OF SEVERE AND ACUTE POST-TRAUMATIC STRESS DISORDER
AMONG CONDITIONS COVERED BY TRAUMATIC INJURY PROTECTION COVERAGE UNDER
SERVICEMEMBERS' GROUP LIFE INSURANCE
Current Law
Section 1980A of title 38 provides traumatic injury
protection coverage under the Servicemembers Group Life
Insurance (SGLI) program. Traumatic Servicemembers Group Life
Insurance (TSGLI) provides coverage against qualifying losses
incurred as a result of a traumatic injury event. In the
event of a loss, VA will pay between $25,000 and $100,000
depending on the severity of the qualifying loss. At present,
active duty and reserve component servicemembers with any
amount of SGLI coverage are automatically covered under
TSGLI. A premium (currently $1 monthly) is collected from
covered members to meet peacetime program expenses; the DOD
is required to fund TSGLI program costs associated with the
extra hazards of military service.
Subsection (b)(1) of section 1980A lists some qualifying
losses for which injured servicemembers are covered under
TSGLI, including, among others, complete loss of vision,
complete loss of hearing, amputation of a hand or foot and
the inability to carry out the activities of daily living
resulting from injury to the brain. PTSD is not currently
among the conditions classified as qualifying a loss.
Senate Bill
Section 501 of S. 3023, as amended, would require VA, in
consultation with the Department of Defense, to submit a
report to Congress assessing the feasibility of and
advisability of including severe and acute PTSD among the
conditions covered by TSGLI. The report would be due to the
Committees not later than 180 days after enactment of this
bill.
House bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 401 of the Compromise Agreement follows the Senate
language.
TREATMENT OF STILLBORN CHILDREN AS INSURABLE DEPENDENTS UNDER
SERVICEMEMBERS' GROUP LIFE INSURANCE
Current Law
In 2001, section 4 of the Veterans' Survivor Benefits
Improvements Act of 2001, Public Law 107-14, established a
program of family insurance coverage under SGLI through which
an SGLI-insured member's insurable dependents could also be
insured. Section 1965(10) of title 38 defines insurable
dependents as the member's spouse, and the member's child.
Section 101(4)(A) of title 38 defines the term child as a
person who is unmarried and under the age of 18 years; who
became permanently incapable of self support before attaining
the age of 18; or a dependent over the age of 18 that is
pursuing education or training at an approved institution.
Dependents over the age of 18 are considered a child until
they complete their education, or until they reach the age of
23. Under current law, stillborn children are not eligible
for coverage as insurable dependents under SGLI.
Senate Bill
Section 502 of S. 3023, as amended, would amend section
1965(10) of title 38, so as to cover a servicemember's
``stillborn child,'' as an insurable dependent under the SGLI
program. The Committees expect VA to issue regulations that
would define the term in a manner consistent with the 1992
recommended reporting requirements of the Model State Vital
Statistics Act and Regulations as drafted by the Centers for
Disease Control and Prevention's National Center for Health
Statistics. The Model Act recommends a state reporting
requirement of fetal deaths involving fetuses weighing 350
grams or more, if the weight is unknown, or 20 or more
completed weeks of gestation, calculated from the date the
last normal menstrual began to the date of delivery.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 402 of the Compromise Agreement follows the Senate
language.
OTHER ENHANCEMENTS OF SERVICEMEMBERS' GROUP LIFE INSURANCE COVERAGE
Current Law
SGLI is a VA-supervised life insurance program that
provides group coverage for members on active duty in the
uniformed services (Army, Navy, Air Force, Marine Corps, and
Coast Guard), members of the Commissioned Corps of the United
States Public Health Service and the National Oceanic and
Atmospheric Administration, Reserve and National Guard
members, Reserve Officer Training Corps members engaged in
authorized training, service academy cadets and midshipmen,
Ready Reserve and Retired Reserve members, and Individual
Ready Reserve members who are subject to involuntary recall
to active duty service. VA purchases a group policy on behalf
of participating members from a commercial provider. Since
the inception of the SGLI program in 1965, The Prudential
Insurance Company of America has been the provider. VA's FY
2009 budget submission projects that 2,342,000 individuals
will be covered under SGLI in FY 2009.
Full coverage under SGLI is provided automatically at the
maximum coverage amount when an individual begins covered
service. Partial coverage at prorated premium rates is
available for Reserve and National Guard members for active
and inactive duty training periods. To be covered in an
amount less than the maximum, or to decline coverage
altogether, a member must make a written election to that
effect. Coverage amounts may be reduced in multiples of
$10,000. A member may also name, at any time, one or more
beneficiaries of his or her choice. Decisions concerning
coverage amounts and designation of beneficiaries are made at
the sole discretion of members insured under SGLI.
The Veterans' Insurance Act of 1974, Public Law 93-289,
established a new program of post-separation insurance known
as Veterans Group Life Insurance (VGLI). Like SGLI, VGLI is
supervised by VA but administered by Prudential. VGLI
provides for the post-service conversion of SGLI to a
renewable term policy of insurance. Persons eligible for
full-time coverage include former servicemembers who were
insured full-time under SGLI and who were released from
active duty or the Reserves, Ready Reservists who have part-
time SGLI coverage and who incur certain disabilities during
periods of active or inactive duty training, and members of
the Individual Ready Reserve and Inactive National Guard.
Like SGLI, VGLI is issued in multiples of $10,000 up to the
maximum coverage amount, but in no case can VGLI coverage
exceed the amount of SGLI coverage a member had in force at
the time of separation from active duty service or the
Reserves.
Senate Bill
Section 503 of S. 3023, as amended, includes numerous
amendments to SGLI.
Subsection (a) of section 503 would extend full-time and
family SGLI coverage to Individual Ready Reservists (IRRs),
those individuals referred to in section 1965(5)(C) of title
38. This group of individuals volunteer for assignment to a
mobilization category in the Individual Ready Reserve, as
defined in section 12304(i)(1) of title 10. The Veterans'
Survivor Benefits Improvement Act of 2001, Public Law 107-14,
provided SGLI coverage for Ready Reservists, referred to in
section 1965(5)(B), but not to IRRs.
Subsection (b) of section 503 would provide that a
dependent's SGLI coverage would terminate 120 days after the
date of the member's separation or release from service,
rather than 120 days after the member's SGLI terminates.
Subsection (c) of section 503 would clarify that VA has the
authority to set premiums for SGLI coverage for the spouses
of Ready Reservists based on the spouse's age.
Subsection (d) of section 503 would clarify that any person
guilty of mutiny, treason, spying, or desertion, or who,
because of conscientious objections, refuses to perform
service in the Armed Forces or refuses to wear the uniform of
the Armed Forces, forfeits all rights to VGLI.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 403 of the Compromise Agreement follows the Senate
language.
[[Page 21146]]
ADMINISTRATIVE COSTS OF SERVICE DISABLED VETERANS' INSURANCE
Current Law
Under current law, the administrative costs of the Service-
Disabled Veterans Insurance program are paid for by the
Government from VA's General Operating Expenses account.
Senate Bill
Section 102 of S. 1315 would allow administrative costs for
the S-DVI program to be paid for by premiums, as is done with
all other National Service Life Insurance sub-funds. This
would allow administrative costs to be provided from Veterans
Insurance and Indemnities and not General Operating Expenses
in Function 700 of the Budget of the United States
Government.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 404 of the Compromise Agreement follows the Senate
language.
TITLE V--HOUSING MATTERS
TEMPORARY INCREASE IN MAXIMUM LOAN GUARANTY AMOUNT FOR CERTAIN HOUSING
LOANS GUARANTEED BY SECRETARY OF VETERANS AFFAIRS
Current Law
Section 3703 of title 38 stipulates the maximum loan
guaranty amounts that VA will provide to veterans under its
home loan guaranty program. Public Law 108-454 increased VA's
maximum guaranty amount to 25 percent of the Freddie Mac
conforming loan limit determined under section 305(a)(2) of
the Federal Home Loan Mortgage Corporation Act for a single
family residence, as adjusted for the year involved. The
Economic Stimulus Act of 2008 (Stimulus Act), Public Law 110-
185, temporarily reset the maximum limits on home loans that
the Federal Housing Administration (FHA) may insure and that
Fannie Mae and Freddie Mac may purchase on the secondary
market to 125 percent of metropolitan-area median home
prices, but did so without reference to the VA home loan
program. This had the effect of raising the Fannie Mae,
Freddie Mac, and FHA limits to nearly $730,000, in the
highest cost areas, while leaving the then-VA limit of
$417,000 in place.
On July 30, 2008, the Housing and Economic Recovery Act of
2008 was signed into law as Public Law 110-289. That law
provided a temporary increase in the maximum guaranty amount
for VA loans originated from July 30, 2008, through December
31, 2008, to the same level as provided in the Stimulus Act.
Senate Bill
Section 201 of S. 3023, as amended, in a freestanding
provision, would apply the temporary increase in the maximum
guaranty amount, enacted in Public Law 110-289, until
December 31, 2011.
House Bill
Section 203 of H.R. 6832 would amend section 2201 of Public
Law 110-289 by striking ``December 31, 2008'' and inserting
``December 31, 2011''.
Compromise Agreement
Section 501 of the Compromise Agreement follows the Senate
language.
REPORT ON IMPACT OF MORTGAGE FORECLOSURES ON VETERANS
Current Law
There is no applicable provision in current law.
Senate Bill
Section 205 of S. 3023, as amended, would require VA to
report on the impact of the mortgage foreclosure crisis on
veterans and the adequacy of existing mechanisms available to
help veterans. The report would have to include four specific
elements: (1) a general assessment of the income of veterans
who have recently separated from the Armed Forces; (2) an
assessment of the effects of the length of the disability
adjudication process on the capacity of veterans to maintain
adequate or suitable housing; (3) a description of the extent
to which the provisions of the Servicemembers Civil Relief
Act currently protect veterans from mortgage foreclosure; and
(4) a description and assessment of the adequacy of the VA
home loan guaranty program in preventing foreclosure for
recently separated veterans. The report would be due to the
Committees on Veterans' Affairs of the Senate and the House
of Representatives no later than December 31, 2009.
House Bill
The House Bills contain no comparable provisions.
Compromise Agreement
Section 502 of the Compromise Agreement follows the Senate
language.
REQUIREMENT FOR REGULAR UPDATES TO HANDBOOK FOR DESIGN FURNISHED TO
VETERANS ELIGIBLE FOR SPECIALLY ADAPTED HOUSING ASSISTANCE BY SECRETARY
OF VETERANS AFFAIRS
Current Law
Section 2103 of title 38 authorizes VA to provide, without
cost, model plans and specifications of suitable housing
units to disabled veterans eligible for specially adapted
housing under chapter 21 of title 38. Pursuant to this
authority, the VA published, in April 1978, Pamphlet 26-13,
``Handbook for Design: Specially Adapted Housing.''
House Bill
Section 1 of H.R. 5664 would amend section 2103 of title 38
to direct the Secretary to update at least once every six
years the plans and specifications for specially adapted
housing furnished to veterans by VA.
Senate Bill
The Senate Bills contain no comparable provision.
Compromise Agreement
Section 503 of the Compromise Agreement follows the House
language.
ENHANCEMENT OF REFINANCING OF HOME LOANS BY VETERANS
Current Law
Under section 3703(a)(1)(A)(i)(IV) of title 38, the maximum
VA home loan guaranty limit for most loans in excess of
$144,000 is equal to 25 percent of the Freddie Mac conforming
loan limit for a single family home. Public Law 110-289 set
this value at approximately $182,437 through the end of 2008.
This means lenders making loans up to $729,750 will receive
at least a 25 percent guaranty, which is typically required
to place the loan on the secondary market. Under current law,
this does not include regular refinance loans.
Section 3703(a)(1)(B) of title 38 limits to $36,000 the
guaranty that can be used for a regular refinance loan. This
restriction means a regular refinance over $144,000 will
result in a lender not receiving 25 percent backing from VA.
In this situation, the lender is less likely to make the loan
to the veteran. This situation essentially precludes a
veteran from being able to refinance his or her existing FHA
or conventional loan into a VA guaranteed loan if the loan is
greater than $144,000.
Under section 3710(b)(8) of title 38, VA is also precluded
from refinancing a loan if the homeowner does not have at
least ten percent equity in his or her home.
Senate Bill
Section 202 of S. 3023, as amended, would increase the
maximum guaranty limit for refinance loans to the same level
as conventional loans, which is 25 percent of the Freddie Mac
conforming loan limit for single family home. It would also
increase the percentage of an existing loan that VA will
refinance under the VA home loan program from 90 percent to
95 percent.
House Bill
Section 302 of H.R. 6832 contains identical language as the
Senate bill with respect to increasing the maximum guaranty
limit for refinance loans. In addition, section 302 would
increase the percentage of an existing loan that VA will
refinance from 90 percent to 100 percent.
Compromise Agreement
Section 504 of the Compromise Agreement includes the
language pertaining to the increase in the maximum guaranty
limit for refinance loans that appears in both the House and
the Senate bills and follows the House language with respect
to the equity requirement.
EXTENSION OF CERTAIN VETERANS HOME LOAN GUARANTY PROGRAMS
Current Law
Section 3707 of title 38 authorizes VA to conduct a
demonstration project that offers guaranties of adjustable
rate mortgages (ARMs), loans with interest rates that change,
and ``hybrid'' adjustable rate mortgages (hybrid ARMs), loans
that carry a fixed rate of interest for an initial period
followed by annual interest rate adjustments thereafter. VA
currently has authority to continue these demonstration
projects through the end of fiscal year 2008.
Senate Bill
Section 203(a) of S. 3023, as amended, would amend section
3707 of title 38 to extend VA's ARM and hybrid ARM programs
through fiscal year 2012.
House Bill
Section 208 of H.R. 6832 contains identical language.
Compromise Agreement
Section 505 of the Compromise Agreement includes this
language.
TITLE VI--COURT MATTERS
TEMPORARY INCREASE IN NUMBER OF AUTHORIZED JUDGES OF THE UNITED STATES
COURT OF APPEALS FOR VETERANS CLAIMS
Current Law
Under current law, section 7253(a) of title 38, the United
States Court of Appeals for Veterans Claims (CAVC) is limited
to seven active judges.
Senate Bill
Section 401 of S. 3023, as amended, would temporarily
increase the number of active judges on the CAVC from seven
to nine, effective December 31, 2009. Effective January 1,
2013, no appointment could be made to Court if that
appointment would result in there being more judges of the
Court than the authorized number of judges of the Court
specified in current law.
House Bill
The House Bills contain no comparable provision.
[[Page 21147]]
Compromise Agreement
Section 601 of the Compromise Agreement follows the Senate
language. It is the Committees' expectation that the next
Administration will begin vetting candidates for the
additional judgeships as soon as practicable so that by the
effective date of this provision, December 31, 2009, Congress
might begin considering nominations to the Court.
PROTECTION OF PRIVACY AND SECURITY CONCERNS IN COURT RECORDS
Current Law
Current law, section 7268(a) of title 38, provides that
``all decisions of the Court of Appeals for Veterans Claims
and all briefs, motions, documents, and exhibits received by
the Court . . . shall be public records open to the
inspection of the public.'' Section 7268(b)(1) provides that
``[t]he Court may make any provision which is necessary to
prevent the disclosure of confidential information, including
a provision that any such document or information be placed
under seal to be opened only as directed by the Court.''
Senate Bill
Section 402 of S. 3023, as amended, would amend section
7268 of title 38, so as to require the Court to prescribe
rules, in accordance with section 7264(a) of title 38, to
protect privacy and security concerns relating to the filing
of documents, and the public availability of such documents,
that are retained by CAVC or filed electronically. The rules
prescribed by the Court would be required to be consistent,
to the extent practicable, with rules that address privacy
and security issues throughout the Federal courts.
House Bill
The House Bills contain no comparable provisions.
Compromise Agreement
Section 602 of the Compromise Agreement follows the Senate
language.
RECALL OF RETIRED JUDGES OF THE UNITED STATES COURT OF APPEALS FOR
VETERANS CLAIMS
Current Law
Under section 7257 of title 38, retiring CAVC judges make
an election whether to be recall eligible. If a judge chooses
to be recall eligible, the Chief Judge of the CAVC has the
authority to involuntarily recall that judge for up to 90
days per calendar year or, with the consent of the judge, to
recall the judge for up to 180 days per calendar year. Under
section 7296 of title 38, a recall-eligible retired judge
receives annual pay equal to the annual salary of an active
judge (pay-of-the-office) and that salary level is not
impacted by how much recall service is performed during a
year.
Senate Bill
Section 403 of S. 3023, as amended, would modify the
authorities for the recall of retired judges and the
retirement pay structure. This section would repeal the 180-
day limit on how many days per calendar year a recall-
eligible retired judge may voluntarily serve in recall
status. In addition, for judges appointed on or after the
date of enactment, it would create a three-tiered retirement
pay structure. Specifically, pay-of-the-office would be
reserved for judges who are actively serving, either as a
judge of the Court or as a retired judge serving in recall
status. When not serving in recall status, a recall-eligible
retired judge would receive the rate of pay applicable to
that judge as of the date the judge retired, as increased by
periodic cost-of-living adjustments. A retired judge who is
not recall eligible would receive the rate of pay applicable
to that judge at the time of retirement. Finally, section 403
would exempt current and future recall-eligible retired
judges from involuntary recall once they have served an
aggregate of five years of recall service.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 603 of the Compromise Agreement follows the Senate
language.
ANNUAL REPORTS ON WORKLOAD OF THE UNITED STATES COURT OF APPEALS FOR
VETERANS CLAIMS
Current Law
Chapter 72 of title 38 establishes the organization,
jurisdiction, and procedures governing the CAVC. That chapter
does not require the Court to provide Congress with annual
reports on its workload.
Senate Bill
Section 404 of S. 3023, as amended, would add a section to
chapter 72 to establish an annual reporting requirement for
the CAVC. The CAVC would be required to submit to the
Committees on Veterans' Affairs of the Senate and House of
Representatives an annual report summarizing the workload of
the Court.
The information required to be in the report would include
the number of appeals, petitions, and applications for fees
under the Equal Access to Justice Act (EAJA) filed with the
Court. It would also include the total number of dispositions
by the Court as a whole, by the Clerk of the Court, by a
single judge, by multi-judge panels, and by the full Court
and the number of each type of disposition by the Court,
including settlement, affirmation, remand, vacation,
dismissal, reversal, grant, and denial. In addition, the
required information would include the median time from
filing an appeal to disposition by the Court as a whole, by
the Clerk of the Court, by a single judge, or by multiple
judges; the median time from the filing of a petition to
disposition by the Court; the median time from filing an EAJA
application to disposition by the Court; and the median time
from completion of the briefing requirements by the parties
to disposition by the Court. The report would also include
the number of oral arguments held by the Court; the number of
cases appealed to the United States Court of Appeals for the
Federal Circuit; the number and status of appeals, petitions,
and EAJA applications pending at the end of the fiscal year;
the number of cases pending for more than 18 months at the
end of the fiscal year; and a summary of any service
performed by recalled retired judges during the fiscal year.
In addition, the Court would be required to provide an
assessment of the workload of each judge of the Court,
including consideration of the time required of each judge
for disposition of each type of case, the number of cases
reviewed by the Court, and the average workload of other
Federal judges.
House Bill
Section 201 of H.R. 5892, as amended, would add a section
to chapter 72 to establish an annual reporting requirement
for the CAVC. The CAVC would be required to submit to the
Committees on Veterans' Affairs of the Senate and House of
Representatives an annual report summarizing the workload of
the Court. The information required to be reported would
include the number of appeals filed; the number of petitions
filed; the number EAJA applications filed; the number and
type of dispositions; the median time from filing to
disposition; the number of oral arguments; the number and
status of pending appeals, petitions, and EAJA applications;
a summary of any service performed by recalled retired
judges; and the number of cases pending longer than 18
months.
Compromise Agreement
Section 604 of the Compromise Agreement follows the Senate
language.
ADDITIONAL DISCRETION IN IMPOSITION OF PRACTICE AND REGISTRATION FEES
Current Law
Under section 7285 of title 38, the CAVC is authorized to
impose a periodic registration fee on individuals admitted to
practice before the Court. The maximum amount of any such fee
is capped at $30 per year. That amount is significantly lower
than other Federal courts generally charge. The Court is also
authorized to impose a registration fee on the individuals
participating in the Court's judicial conference.
Senate Bill
Section 502 of S. 1315, as amended, would strike the $30
cap on the amount of registration fees that may be charged to
individuals admitted to practice before the Court. It also
would clarify that any registration fee charged by the Court,
either for those admitted to practice before the Court or
those participating in the judicial conference, must be
reasonable.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 605 of the Compromise Agreement follows the Senate
language.
TITLE VII--ASSISTANCE TO UNITED STATES PARALYMPIC INTEGRATED ADAPTIVE
SPORTS PROGRAM
DEPARTMENT OF VETERANS AFFAIRS PROVISION OF ASSISTANCE TO UNITED STATES
PARALYMPICS, INC. AND DEPARTMENT OF VETERANS AFFAIRS OFFICE OF NATIONAL
VETERANS SPORTS PROGRAMS AND SPECIAL EVENTS
Current Law
Section 521 of title 38 authorizes the Secretary to assist
certain organizations in providing recreational activities
which would further the rehabilitation of disabled veterans.
House Bill
Section 3 of H.R. 4255, as amended, would authorize the
Secretary to provide assistance to the Paralympic Program of
the United States Olympic Committee (USOC).
Section 4 of H.R. 4255, as amended, would establish the
Department of Veterans Affairs Office of National Veterans
Sports Programs and Special Events.
Senate Bill
The Senate Bills contain no comparable provision.
Compromise Agreement
Title VII of the Compromise Agreement generally follows the
House language. It makes the authority to provide assistance
to the Paralympic Program of the USOC a four-year pilot
program instead of a permanent program and makes it clear
that the agreement entered into is between VA and United
States Paralympics, Inc. The Compromise Agreement makes it
clear that the United
[[Page 21148]]
States Paralympics, Inc., shall continue to seek private
sponsorship and donors. It further provides for the
Comptroller General of the United States to provide a report
to the Congress after three years.
TITLE VIII--OTHER MATTERS
AUTHORITY FOR SUSPENSION OR TERMINATION OF CLAIMS OF THE UNITED STATES
AGAINST INDIVIDUALS WHO DIED WHILE SERVING ON ACTIVE DUTY IN THE ARMED
FORCES
Current Law
In January 2008, VA disclosed that, in an attempt to
collect debts owed to VA, the Department had contacted the
estates of twenty-two servicemembers who died while serving
in either Operation Enduring Freedom or Operation Iraqi
Freedom. Under the relevant law in effect at that time,
section 5302 of title 38, any veteran or active duty
servicemember indebted to VA due to the overpayment or
erroneous payment of benefits was able to apply for a waiver
from VA so as to remove the obligation to pay the debt.
However, under that law, VA was required to notify the
beneficiary, or his or her estate if the beneficiary was
deceased, when an outstanding debt arose and to provide
information on the right to apply for a waiver.
In an attempt to address this situation, the Supplemental
Appropriations Act, 2008, Public Law 110-252, included a
provision that added a new section 5302A to title 38, which
prohibits VA from collecting all or any part of a debt owed
to VA by a servicemember or veteran who dies as the result of
an injury incurred or aggravated in the line of duty while
serving in a theater of combat operations in a war or in
combat against a hostile force during a period of hostilities
after September 11, 2001. The Secretary is required to
determine that termination of collection is in the best
interest of the United States.
Senate Bill
Section 601 of S. 3023, as amended, would amend section
3711 of title 31 so as to grant VA discretionary authority to
suspend or terminate the collection of debts owed to it by
individuals who die while serving on active duty in the Armed
Forces. The authority to suspend collection would cover all
individuals who die while serving on active duty as a member
of the Army, Navy, Air Force, Marine Corps, or Coast Guard
during a period when the Coast Guard is operating as a
service in the Navy.
Section 601 of S. 3023, as amended, also includes a
freestanding provision that would permit VA to provide an
equitable refund to any estate from which it collected a debt
that it otherwise would have waived had this provision been
in effect at the time. VA would have the discretion to
determine in which cases, if any, the use of this authority
would be appropriate.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 801 of the Compromise Agreement follows the Senate
language.
THREE-YEAR EXTENSION OF AUTHORITY TO CARRY OUT INCOME VERIFICATION
Current Law
Section 6103(l)(7)(D)(viii) of title 26 authorizes the
release of certain income information by the Internal Revenue
Service (IRS) or the Social Security Administration (SSA) to
VA for the purposes of verifying the incomes of applicants
for VA needs-based benefits, including pensions for wartime
veterans and compensation for Individual Unemployability.
Section 5317(g) of title 38 provides VA with temporary
authority to obtain and use this information in order to
ensure that those receiving benefits under these income-
programs are not earning a greater annual income than the law
permits. This temporary authority will expire on September
30, 2008.
Senate Bill
Section 603 of S. 3023, as amended, would extend VA's
authority to obtain income information from the IRS or the
SSA until September 30, 2011.
House Bill
Section 206 of H.R. 6832 would extend VA's authority to
obtain income verification from the IRS or the SSA until
September 30, 2010.
Compromise Agreement
Section 802 of the Compromise Agreement follows the Senate
language.
MAINTENANCE, MANAGEMENT, AND AVAILABILITY FOR RESEARCH OF ASSETS OF AIR
FORCE HEALTH STUDY
Current Law
Legislation enacted as section 714 of the John Warner
National Defense Authorization Act for Fiscal Year 2007,
Public Law 109-364, authorized the Air Force to transfer
custody of the data and biological specimens to the Medical
Follow-Up Agency (MFUA). There is no provision in current law
for the maintenance and management of the assets authorized
to be transferred.
Senate Bill
Section 805 of S. 1315, as amended, would ensure that the
assets from the Air Force Health Study (AFHS) transferred to
the MFUA are maintained, managed and made available to
researchers. In order to ensure that sufficient funds are
made available for this purpose, funding in the amount of
$1,200,000 would be made available from VA accounts available
for Medical and Prosthetic Research in each fiscal year from
2008 through 2011. In addition, funding from the same source
would be provided in the amount of $250,000 for each year to
conduct additional research using the assets of the AFHS.
Finally a report would be provided to the Congress by March
31, 2011, concerning the feasibility and advisability of
conducting additional research using these assets or
disposing of them.
In the late 1970's, Congress urged the DOD to conduct an
epidemiologic study of veterans of ``Operation Ranch Hand,''
the military units responsible for aerial spraying of
herbicides during the Vietnam War. In response, the AFHS was
initiated in 1982 to examine the effects of herbicide
exposure and health, mortality, and reproductive outcomes in
veterans of Operation Ranch Hand. The study is noteworthy for
the amount of data and biological specimens collected. It
cost over $143 million and was concluded in 2006.
The Senate bill would require VA to provide funding during
fiscal years 2008 through 2011 for the purposes recommended
by IOM in the Disposition of the AFHS report.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 803 of the Compromise Agreement follows the Senate
language.
NATIONAL ACADEMIES STUDY ON RISK OF DEVELOPING MULTIPLE SCLEROSIS AS A
RESULT OF CERTAIN SERVICE IN THE PERSIAN GULF WAR AND POST-
9/11 GLOBAL OPERATIONS THEATERS
Current Law
Under current law, veterans gain eligibility for disability
benefits by demonstrating a link between their disability and
their active military, naval, or air service. To establish
such a link, the veteran must show, generally, that his or
her disability resulted from an injury or disease that was
incurred or aggravated during the time of military service.
In addition to disabilities that can be directly linked to
service, certain diagnosed diseases are presumed, as a matter
of law, to be service-connected if they manifest under
conditions specified by statute. For example, section 1112,
title 38, provides a presumption for certain chronic diseases
if manifested to a degree of disability of 10 percent or more
within one year of separation from service, for certain
tropical diseases if manifested to a degree of disability of
10 percent or more, generally, within one year of separation
from service, and for active tuberculosis or Hansen's disease
if manifested to a degree of disability of 10 percent or more
within three years of separation from service.
In 1962, Public Law 87-645 extended the period of time
after separation from service that a diagnosis of multiple
sclerosis may be presumed to be service-connected from three
to seven years for veterans with wartime service.
Senate Bill
Section 806 of S. 1315, as amended, would require VA to
enter into a contract with the IOM to conduct a comprehensive
epidemiological study to identify any increased risk of
developing multiple sclerosis, and other diagnosed
neurological diseases, as a result of service in the
Southwest Asia theater of operations or in the Post 9/11
Global Operations theaters. The Southwest Asia theater of
operations is defined in section 3.3317 of title 38, Code of
Federal Regulations. The Post 9/11 Global Operations theater
is defined as Afghanistan, Iraq, or any other theater for
which the Global War on Terrorism Expeditionary Medal is
awarded for service.
The mandated study would examine the incidence and
prevalence of diagnosed neurological diseases, including
multiple sclerosis, Parkinson's disease, and brain cancers,
as well as central nervous abnormalities, in members of the
Armed Forces who served during the Persian Gulf War period
and Post-9/11 Global Operations period. The study would also
collect information on possible risk factors, such as
exposure to pesticides and other toxic substances. IOM would
be required to submit a final report to VA and the
appropriate committees of Congress by December 31, 2012.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 804 of the Compromise Agreement generally follows
the Senate language.
TERMINATION OR SUSPENSION OF CONTRACTS FOR CELLULAR TELEPHONE SERVICE
FOR CERTAIN SERVICEMEMBERS
Current Law
The Servicemembers Civil Relief Act (SCRA), currently found
in the appendix to title 50, beginning at section 501, is
intended to provide for the temporary suspension of
[[Page 21149]]
judicial and administrative proceedings and transactions that
may adversely affect the civil rights of servicemembers
during their military service. Title III of the SCRA extends
the right to terminate real property leases to active duty
servicemembers on deployment orders of at least 90 days. It
also allows for the termination of automobile leases for use
by servicemembers and their dependents on military orders
outside the continental United States for a period of 180
days or more.
Senate Bill
Section 804 of S. 1315, as amended, would expand the SCRA
to allow for the termination or suspension, upon request, of
the cellular telephone contracts of servicemembers deployed
outside the United States.
House Bill
Section 4 of H.R. 6225, as amended, would extend the SCRA
protections to enable servicemembers with deployment orders
to terminate or suspend service contracts without fee or
penalty for such services as cellular phones, utilities,
cable television, or Internet access.
Compromise Agreement
Section 805 of the Compromise Agreement generally follows
the Senate language, except that it also includes a provision
allowing servicemembers to suspend or terminate cellular
phone contracts if they receive orders for a permanent change
of duty station.
CONTRACTING GOALS AND PREFERENCES FOR VETERAN-OWNED SMALL BUSINESS
CONCERNS
Current Law
Sections 502 and 503 of Public Law 109-461, the Veterans
Benefits, Health Care, and Information Technology Act of
2006, require VA to provide certain contracting preferences
to small businesses owned by veterans and service-disabled
veterans.
House Bill
Section 2 of H.R. 6221, as amended, would amend section
8127 of title 38 to require the Secretary to include in each
contract the Secretary enters with an agent acting on VA's
behalf for the acquisition of goods and services a provision
that requires the agent to comply with the contracting goals
and preferences for small business concerns owned or
controlled by veterans set forth in sections 502 and 503 of
Public Law 109-461.
Senate Bill
The Senate Bills contain no comparable provision.
Compromise Agreement
Section 806 of the Compromise Agreement generally follows
the House language except that it would apply, to the maximum
extent feasible, only to contracts entered into after
December 31, 2008.
PENALTIES FOR VIOLATION OF INTEREST RATE LIMITATION UNDER
SERVICEMEMBERS CIVIL RELIEF ACT
Current Law
The SCRA provides that penalties under title 18 may be
imposed against anyone who knowingly takes part in or
attempts to violate certain applicable protections.
House Bill
Section 5 of H.R. 6225 would amend section 207 of the SCRA
by placing a fine of $5,000 and $10,000 on any individual or
organization, respectively, who knowingly violates certain
SCRA rights of a servicemember. It would further provide for
attorney fees and treble damages in certain cases.
Senate Bill
The Senate Bills contain no comparable provision.
Compromise Agreement
Section 807 of the Compromise Agreement follows the House
language to add penalties in section 207 of the SCRA.
FIVE-YEAR EXTENSION OF SUNSET PROVISION FOR ADVISORY COMMITTEE ON
MINORITY VETERANS
Current Law
Section 544 of title 38 required the Secretary to establish
an Advisory Committee on Minority Veterans. Under section
544(e) of title 38, the Committee will cease to exist on
December 31, 2009.
House Bill
Section 1 of H.R. 674 would repeal the sunset date on the
Advisory Committee on Minority Veterans.
Senate Bill
The Senate Bills contain no comparable provision.
Compromise Agreement
Section 808 of the Compromise Agreement would extend the
sunset date on the Advisory Committee on Minority Veterans
for five years from the current date of expiration, until
December 31, 2014.
AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO ADVERTISE TO PROMOTE
AWARENESS OF BENEFITS UNDER LAWS ADMINISTERED BY THE SECRETARY
Current Law
The Anti-Deficiency Act, section 1341 of title 5, prohibits
the use of appropriated funds for publicity or propaganda
purposes. Section 404 of Public Law 110-161, the Consolidated
Appropriations Act of 2008, reinforced this prohibition
stating:
No part of any funds appropriated in this Act shall be used
by an agency of the executive branch, other than for normal
and recognized executive-legislative relationships, for
publicity or propaganda purposes, and for the preparation,
distribution or use of any kit, pamphlet, booklet,
publication, radio, television, or film presentation designed
to support or defeat legislation pending before Congress,
except in presentation to Congress itself.
Although executive branch departments and agencies are
prohibited from using appropriated funds to engage in
``publicity or propaganda,'' there is no such prohibition
against disseminating information about current benefits,
policies, and activities. Military recruiting advertising
campaigns are a primary example of an acceptable use of
appropriated funds.
House Bill
Section 2 of H.R. 3681 would add a new section 532 to title
38 authorizing the Secretary to advertise in national media
to promote awareness of benefits under laws administered by
the Secretary.
Senate Bill
The Senate Bills contain no comparable provision.
Compromise Agreement
Section 809 of the Compromise Agreement follows the House
language.
MEMORIAL HEADSTONES AND MARKERS FOR DECEASED REMARRIED SURVIVING
SPOUSES OF VETERANS
Current Law
Section 2306(b)(4)(B) of title 38 authorizes VA to furnish
an appropriate memorial headstone or marker to commemorate
eligible individuals whose remains are unavailable.
Individuals currently eligible for memorial headstones or
markers include a veteran's surviving spouse, which is
defined to include ``an unremarried surviving spouse whose
subsequent remarriage was terminated by death or divorce.''
Thus, a surviving spouse who remarried after the veteran's
death is not eligible for a memorial headstone or marker
unless the remarriage was terminated by death or divorce
before the surviving spouse died. However, a surviving spouse
who remarried after the veteran's death is eligible for
burial in a VA national cemetery without regard to whether
any subsequent remarriage ended.
Senate Bill
Section 602 of S. 3023, as amended, would extend
eligibility for memorial headstones or markers to a deceased
veteran's remarried surviving spouse, without regard to
whether any subsequent remarriage ended.
House Bill
The House Bills contain no comparable provision.
Compromise Agreement
Section 810 of the Compromise Agreement follows the Senate
language.
Mr. BUYER. I yield back the balance of my time.
General Leave
Mr. FILNER. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on S. 3023, as amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Filner) that the House suspend the rules
and pass the Senate bill, S. 3023, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the Senate bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________
MEDAL OF HONOR SPECIAL PENSION INCREASE
Mr. FILNER. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 6980) to amend title 38, United States Code, to authorize
the Secretary of Veterans Affairs to increase the amount of the Medal
of Honor special pension provided under that title by up to $1,000.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 6980
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO
INCREASE MEDAL OF HONOR SPECIAL PENSION.
(a) Authority To Increase Rate of Special Pension.--
Subsection (a) of section 1562 of title 38, United States
Code, is amended--
[[Page 21150]]
(1) by inserting ``(1)'' after ``(a)''; and
(2) by adding at the end the following new paragraph:
``(2)(A) Subject to the availability of appropriations for
this purpose in advance in an appropriations Act, the
Secretary may increase the rate of the special pension
otherwise in effect under paragraph (1) by not more than
$1,000.
``(B) The Secretary may not increase the rate of a special
pension under subparagraph (A) after the Secretary has
expended all the funds specifically provided for such purpose
in an appropriations Act.
``(C) The authority under subparagraph (A) expires on
September 30, 2013.''.
(b) Conforming Amendment.--Subsection (f)(1) of such
section is amended by striking ``this section'' and inserting
``subsection (a)(1)''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Filner) and the gentleman from South Carolina (Mr.
Brown) each will control 20 minutes.
The Chair recognizes the gentleman from California.
Mr. FILNER. Madam Speaker, since this bill was brought to us by the
distinguished gentleman from South Carolina (Mr. Brown), I would like
to have him explain the bill and make sure everybody knows how
important it is. We thank him for bringing us this legislation.
Madam Speaker, I rise today to offer my support of H.R. 6980, a bill
to authorize the Secretary of Veterans Affairs to increase the amount
of the Medal of Honor special pension provided under that title by up
to $1,000.
It is with great satisfaction that I stand before you today, to
further honor our military heroes who have already received our
Nation's highest recognition and praise--those who have been awarded
the Medal of Honor. With this bill, we honor those heroes with our
financial support, because they were willing to defend our country with
their lives.
The Medal of Honor is the nation's highest award for bravery and
military valor that can be bestowed upon any servicemember in the
military. It is presented by the President of the United States in the
name of Congress.
The Medal of Honor was established by a joint resolution of Congress
in 1862 and was first presented during the Civil War. It is bestowed on
a member of the United States armed forces who distinguishes himself
``. . . conspicuously by gallantry and intrepidity at the risk of his
life above and beyond the call of duty while engaged in an action
against an enemy of the United States . . .'' Because of its nature,
awards of the medal are frequently made posthumously.
The Medal of Honor confers special privileges on those who receive
it, both by tradition and by law. By tradition, all other soldiers,
sailors, marines, and airmen--even higher-ranking officers up to the
President of the United States--who are not also recipients of the
Medal of Honor, must salute the recipient.
By law each recipient of the Medal may have their name placed on the
Medal of Honor Roll. Each person whose name appears on the Medal of
Honor Roll is certified by the United States Department of Veterans
Affairs as being entitled to receive a special pension.
The current rate of that pension is just over $1,100 monthly . . .
less than $14,000 annually. I believe, and I think every other American
will back me in this, that we have to do better in honoring our heroes.
H.R. 6980 will increase the rate of the special pension for
recipients of the Medal of Honor by up to $1,000. I believe that we
should do more . . . but I recognize that this is the best we can do
now!
Madam Speaker, yesterday we passed a bill for a one time payment to
Filipino Veterans of World War II that I don't believe went far enough.
Today, we'll pass this bill in support of our Nation's highest
decorated heroes . . . and sadly . . . it too won't go far enough.
As we, as a Congress and as a Nation, focus on our veterans,
particularly our newest veterans from OEF and OIF, we must also
remember and never forget our heroes of previous wars. We owe to them
all a debt of gratitude, and certainly to those who earned our Nation's
highest honor every financial benefit we can bestow.
Today, by passing H.R. 6980, we once again recognize our military
heroes, this time with financial support, and we tell them that we will
never forget their bravery.
Madam Speaker, I urge the support of all my colleagues.
I reserve the balance of my time.
Mr. BROWN of South Carolina. Madam Speaker, I rise in support of H.R.
6980, a bill to authorize the Secretary of Veterans Affairs to increase
the amount of the Medal of Honor special pension provided under that
title by up to $1,000.
I especially want to thank Chairman Filner and Ranking Member Buyer
for working with me on this legislation, and to thank Chairman Michaud
for joining me in introducing the original version of this legislation,
H.R. 1137.
Madam Speaker, the Medal of Honor is the highest military decoration
awarded by the United States of America. It is awarded ``for
conspicuous gallantry and intrepidity at the risk of life, above and
beyond the call of duty, in actual combat against an armed enemy
force.''
Since its initial presentation in 1863 to Private Jacob Parrott,
3,448 Americans have been awarded the Medal of Honor. Today's
legislation is important, but I want to spend most of my time talking
about the heroes who have received this honor.
Today there are 100 living recipients of the Medal of Honor. The
average age of a living recipient is 74 years of age, and 47 percent of
recipients earned their medals more than 50 years ago while serving in
World War II and in Korea. The oldest living recipient, John W. Finn,
is 99 years old. He received his medal for manning a 50-caliber gun in
an exposed position, while wounded, during much of the attack on Pearl
Harbor. In addition to Mr. Finn, 34 other recipients are veterans from
World War II.
Sixty living recipients of the Medal of Honor earned their medals
while serving in Vietnam, including a good friend of mine from my
congressional district, General James Livingston. Another recipient of
the Medal of Honor, Frank Curry, also lives in my district and is a
veteran of World War II. The Congressional Medal of Honor Museum,
located on the hangar deck of the USS Yorktown in Charleston, South
Carolina, serves as both a memorial to the heroic acts of the Medal of
Honor recipients and a way to educate the public on their extraordinary
service to their country.
The most recent Medal of Honor was awarded posthumously on June 5,
2008, to Private First Class Ross A. McGinnis, a member of the U.S.
Army recognized for his service in Iraq. On December 4, 2006, Mr.
McGinnis' platoon was on patrol when an insurgent threw a grenade into
his HUMVEE. Although Private McGinnis could have escaped, he threw
himself on top of the grenade, pinning it between himself and the radio
mount and saving his fellow soldiers in the HUMVEE. Private McGinnis is
the fourth Medal of Honor recipient from Operations Iraqi Freedom and
Enduring Freedom. Navy SEAL Master-at-Arms Michael A. Monsoor and
Lieutenant Michael P. Murphy, as well as Marine Corporal Jason L.
Dunham, were all posthumous recipients of the Medal of Honor for their
incredible bravery in service to our country and their fellow men in
Iraq and Afghanistan.
In recognition of their exceptional service, Medal of Honor
recipients are entitled to a special pension, as first authorized by
Congress in 1916. Currently, the 100 living recipients received an
inflation-adjusted $1,000 per month. H.R. 6980 will increase the base
payment to $2,000 per month, subject to appropriations. This benefit
will act as the smallest token of appreciation to people who have shown
the greatest possible devotion to their fellow soldiers and to their
country.
Madam Speaker, this legislation would not have come to the floor
today without the support of my good friends, Chairman Filner, Ranking
Member Buyer and Chairman Michaud.
I urge all of my colleagues to support this legislation.
I yield back the balance of my time.
General Leave
Mr. FILNER. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on H.R. 6980.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. FILNER. I urge my colleagues to unanimously support this very
important legislation, H.R. 6980.
Mr. BUYER. Madam Speaker, I rise in support of H.R. 6980, a bill to
amend title 38,
[[Page 21151]]
United States Code, to authorize the Secretary of Veterans Affairs to
increase the amount of the Medal of Honor special pension provided
under that title by up to $1,000.
The Medal of Honor is the Nation's highest award for military valor.
It is presented by the President in the name of Congress, and is often
called the Congressional Medal of Honor. Since its first presentation
in 1863, over 3,467 Medals of Honor have been awarded to a total of
3,448 individuals (there have been 19 double recipients).
Under current law, a veteran who has been awarded a Medal of Honor is
eligible for a monthly pension ($1,129 as of December 1, 2007).
Eligibility for the pension is based solely on receipt of the Medal of
Honor, and the recipient of the Medal of Honor must elect to receive
the special pension. Receipt of this pension does not reduce any other
benefits under U.S. law, and a veteran who has received more than one
Medal of Honor is limited to receiving only one Medal of Honor pension
benefit.
The legislation before us would increase the rate of this special
pension by not more than $1,000, subject to appropriations. In an
informal estimate provided to my office, the total cost of this bill
would be $6 million over 5 years. The authority provided to the
Secretary to expend the funds provided for this purposes would expire
on September 30, 2013. After expending any funds appropriated for this
purpose, the Secretary would not be authorized to further increase the
rate of the special monthly pension.
Madam Speaker, over the years, it has been the honor of the Committee
on Veterans' Affairs to name facilities after a number of Medal of
Honor recipients, many of whom have passed on, but 100 still remain
with us and walk as humble heroes among a grateful people. We can never
thank these heroes enough for all they have given to protect our
freedom and security. The special pension increase seems like a small
amount compared to the price these warriors have paid.
Madam Speaker, I urge my colleagues to support the bill.
Mr. FILNER. I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Filner) that the House suspend the rules
and pass the bill, H.R. 6980.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________
PERMISSION TO CONSIDER AS ADOPTED MOTIONS TO SUSPEND THE RULES
Ms. SUTTON. Madam Speaker, I ask unanimous consent that the motions
to suspend the rules relating to the following measures be considered
as adopted in the form considered by the House on Monday, September 22,
2008, or Tuesday, September 23, 2008, as applicable:
H.R. 160, H.R. 2933, H.R. 4828, H.R. 6323, H.R. 2994, and H.R. 1532.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Ohio?
There was no objection.
The SPEAKER pro tempore. Without objection, respective motions to
reconsider are laid on the table.
There was no objection.
____________________
GRAMM-LEACH-BLILEY
(Ms. KAPTUR asked and was given permission to address the House for 1
minute and to revise and extend her remarks.)
Ms. KAPTUR. Mr. Speaker, I would like to place in the Record remarks
that I made in 1999 regarding a measure called the Gramm-Leach-Bliley
bill that passed in this Congress on a vote of 362-57. At the time we
said it would cause the mess we're facing today on Wall Street and
indeed it has.
I will place also in the Record the votes of those who were present
voting ``yes'' and voting ``no.''
This is an extraordinarily important vote that essentially
unharnessed Wall Street to do whatever it wanted, mixing banking,
commerce, real estate, insurance in a way America had not done for over
half a century.
Some of what I said at that time was, ``I would say to the people
listening tonight, are you tired of calling banks and getting lost in
the automated phone system, never locating a breathing human being?
This bill will make it worse.
``Are you fed up with rising ATM fees and service fees that now
average over $200 a year per account holder? This bill will make it
worse.
``Are you tired of mega-financial conglomerates and mergers that have
made your community a branch economy of financial centers located far
away whose officers you never know who never come to your community?
This bill will make it worse.''
I would urge my colleagues to take a look at the remarks that were
made over a decade ago and think about what we are facing today. I
commend all of my colleagues who voted ``no'' in those days. They
deserve a badge of honor.
Ms. KAPTUR. Madam Speaker, I rise in opposition to the rule
and in opposition, strong opposition, to the bill. This bill
is pro megabank and it is against consumers.
And I would say to the people listening tonight, Are you
tired of calling banks and getting lost in the automated
phone system, never locating a breathing human being? This
bill will make it worse.
Are you fed up with rising ATM fees and service fees that
now average over $200 a year per account holder? This bill
will make it worse.
Are you skeptical about banks that used to be dedicated to
safety and soundness and savings but are now switching to
pushing stocks and insurance and debt? This bill will make it
worse.
Are you tired of the megafinancial conglomerates and
mergers that have made your community a branch economy of
financial centers located far away, whose officers you never
know, who never come to your community? This bill will make
it worse.
Punitive reporting requirements in this bill are aimed at
disabling community groups that are the only groups in this
country that hold these institutions accountable for the
depositors' money. It is going to make them a target of
Federal reporting requirements. So why do community groups
oppose this bill, like the Lutheran Office for Governmental
Affairs, the Fair Housing Alliance, the National Low-Income
Housing Coalition, the Coalition of Community Development
Financial Institutions, Consumers Union, the Volunteers of
America? Sounds like the folks that live in my neighborhood,
my colleagues.
I would say this is one of the worst conceived bills ever
to come before this body, simply because it does not pay
attention to the majority of the American people who have, on
average, less than $2,000 in any financial institution in
this country. To anyone listening tonight I say, Put your
money in the credit unions. They are owned by you and they
will take care of you. Vote against this bill.
From Nov. 4, 1999 [Roll No. 570]
YEAS--362
Abercrombie
Ackerman
Aderholt
Allen
Andrews
Archer
Armey
Bachus
Baird
Baker
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Bass
Bateman
Becerra
Bentsen
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop
Blagojevich
Bliley
Blumenauer
Blunt
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boswell
Boucher
Boyd
Brady (TX)
Brown (FL)
Brown (OH)
Bryant
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cannon
Capps
Cardin
Carson
Castle
Chabot
Chambliss
Chenoweth-Hage
Clayton
Clement
Clyburn
Coble
Coburn
Collins
Combest
Cook
Cooksey
Cox
Cramer
Crane
Crowley
Cubin
Cummings
Cunningham
Danner
Davis (FL)
Davis (VA)
Deal
DeGette
Delahunt
DeLay
DeMint
Deutsch
Diaz-Balart
Dicks
Doggett
Dooley
Doolittle
Doyle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
Engel
English
Eshoo
Etheridge
Everett
Ewing
Farr
Fletcher
Foley
Forbes
Ford
Fossella
Fowler
Franks (NJ)
Frelinghuysen
Frost
Gallegly
Ganske
Gekas
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goode
Goodlatte
Goodling
Gordon
Goss
Graham
Granger
Green (TX)
Green (WI)
Greenwood
Gutknecht
Hall (OH)
Hall (TX)
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Herger
Hill (IN)
Hill (MT)
Hilleary
Hilliard
Hinojosa
Hobson
Hoeffel
Hoekstra
Holden
Holt
Hooley
Horn
Hostettler
Houghton
Hoyer
Hulshof
Hunter
Hutchinson
Hyde
Isakson
Istook
Jackson-Lee (TX)
Jefferson
Jenkins
John
Johnson (CT)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Jones (OH)
[[Page 21152]]
Kasich
Kelly
Kennedy
Kilpatrick
Kind (WI)
King (NY)
Kingston
Kleczka
Klink
Knollenberg
Kolbe
Kuykendall
LaFalce
LaHood
Lampson
Lantos
Largent
Latham
LaTourette
Lazio
Leach
Levin
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lofgren
Lowey
Lucas (KY)
Lucas (OK)
Maloney (CT)
Maloney (NY)
Manzullo
Mascara
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McCrery
McGovern
McHugh
McIntosh
McIntyre
McKeon
McNulty
Meehan
Meeks (NY)
Menendez
Metcalf
Millender-McDonald
Miller (FL)
Miller, Gary
Minge
Mink
Moakley
Moore
Moran (KS)
Moran (VA)
Morella
Murtha
Myrick
Nadler
Napolitano
Neal
Nethercutt
Northup
Nussle
Oberstar
Olver
Ortiz
Ose
Owens
Oxley
Packard
Pallone
Pascrell
Pastor
Payne
Pease
Pelosi
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pickett
Pitts
Pombo
Pomeroy
Porter
Portman
Price (NC)
Pryce (OH)
Quinn
Rahall
Ramstad
Rangel
Regula
Reyes
Reynolds
Riley
Roemer
Rogan
Rogers
Rohrabacher
Ros-Lehtinen
Rothman
Roukema
Royce
Ryan (WI)
Ryun (KS)
Sabo
Salmon
Sanchez
Sandlin
Sawyer
Saxton
Schaffer
Scott
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherman
Sherwood
Shimkus
Shows
Simpson
Sisisky
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Souder
Spence
Spratt
Stabenow
Stearns
Stenholm
Strickland
Stump
Stupak
Sununu
Sweeney
Talent
Tancredo
Tanner
Tauscher
Tauzin
Terry
Thomas
Thompson (CA)
Thompson (MS)
Thornberry
Thune
Tiahrt
Toomey
Towns
Traficant
Turner
Udall (CO)
Udall (NM)
Upton
Velazquez
Vento
Visclosky
Vitter
Walden
Walsh
Wamp
Watkins
Watt (NC)
Watts (OK)
Weiner
Weldon (FL)
Weldon (PA)
Weller
Wexler
Weygand
Whitfield
Wicker
Wilson
Wise
Wolf
Wu
Wynn
Young (AK)
Young (FL)
NAYS--57
Baldwin
Barrett (WI)
Barton
Brady (PA)
Campbell
Capuano
Clay
Condit
Conyers
Costello
Coyne
Davis (IL)
DeFazio
DeLauro
Dingell
Dixon
Edwards
Evans
Fattah
Filner
Frank (MA)
Gejdenson
Gutierrez
Hastings (FL)
Hefley
Hinchey
Inslee
Jackson (IL)
Kaptur
Kildee
Kucinich
Lee
Lewis (GA)
Lipinski
Luther
Markey
McDermott
McKinney
Meek (FL)
Mica
Miller, George
Obey
Phelps
Rivers
Rodriguez
Roybal-Allard
Rush
Sanders
Sanford
Schakowsky
Serrano
Taylor (MS)
Thurman
Tierney
Waters
Waxman
Woolsey
NOT VOTING--15
Bereuter
Dickey
Kanjorski
Larson
Martinez
McInnis
Mollohan
Ney
Norwood
Paul
Radanovich
Scarborough
Shuster
Stark
Taylor (NC)
____________________
FINANCIAL BAILOUT
(Ms. FOXX asked and was given permission to address the House for 1
minute and to revise and extend her remarks.)
Ms. FOXX. Mr. Speaker, it's been a few short days since we first got
news of the administration's $700 billion plan to bail out the
financial industry.
In large part, the root cause of our current crisis is the
mismanagement, failure and political cronyism at government-backed
lenders, Freddie Mac and Fannie Mae. Some people are hoping to use
Americans' tax dollars to bring about a government-backed solution to a
problem that was essentially caused by decades of government
incompetence.
An article in Bloomberg entitled How the Democrats Created the
Financial Crisis and the transcript from Fox News tonight shed much
light on how Republicans warned of the impending problem and the
responsibility of Democrats for the problem.
I've heard a lot of talk about bailing out those who made very risky,
even reckless decisions. My question is, what about all the American
taxpayers who played by the rules? Who's going to bail them out?
____________________
{time} 2100
SPECIAL ORDERS
The SPEAKER pro tempore (Mr. Kagen). Under the Speaker's announced
policy of January 18, 2007, and under a previous order of the House,
the following Members will be recognized for 5 minutes each.
____________________
HISPANIC HERITAGE MONTH
The SPEAKER pro tempore. Under a previous order of the House, the
gentlewoman from Ohio (Ms. Sutton) is recognized for 5 minutes.
Ms. SUTTON. Mr. Speaker, I am happy to be here on the floor this
evening during Hispanic Heritage Month to honor the Hispanic community
and pay tribute to the extraordinary contributions that Hispanics have
made and continue to make to our great Nation.
There are 45.5 million Hispanics in America whose hard work, strong
faith and closely knit families have made America a better and stronger
country. That is why, Mr. Speaker, I would like to honor some of the
Hispanic leaders in my congressional district who selflessly serve our
communities with diligence and passion.
Leaders including Joel Arredondo, president of the Lorain City
Council and president of the Coalition of Hispanic Issues in Progress.
Joel is an active leader in our community, and as a result, last year
the Lorain County Urban League honored him as the Community Leader of
the Year.
Pastor Gilbert Silva is the pastor at House of Praise in Lorain,
Ohio. Pastor Silva has touched the lives of many people through his
thoughtful sermons and one-on-one interaction with his parishioners.
Celestino Rivera, chief of police for the City of Lorain. Chief
Rivera serves in his position with professionalism and integrity in his
mission to protect and serve our community.
First Sergeant Sam Obechi teaches the Honor Guard at the Southview
School Army Junior ROTC. Not only has Sergeant Obechi selflessly served
our country, he serves our community and our Nation by teaching young
men and women how to prepare for college and the Armed Services.
Victor Leandry, director of El Centro Social Services, which is a
regional affiliate for the National Council of La Raza. His commitment
to the community is seen through his work in civil rights, social
justice, community development, and education.
Nellie Carraballo is a member of Steelworkers Local 1104. I had the
honor of serving on a panel with Nellie recently to discuss the so-
called U.S.-Colombia Free Trade Agreement. Nellie has helped educate
many in my community by sharing the worker's rights violations that she
witnessed while she was on a trip to Colombia.
Laura Rios, director of a community grassroots organization in my
district called Reclaim Lorain. Laura and her group have energized the
community through their local initiatives, such as their campaign
encouraging people to vote.
Mr. Speaker, the individuals that I have mentioned are only a few of
the very many Hispanic leaders in Ohio and across our country who are
fighting to improve our community and our neighborhoods.
The Hispanic community is a vital part of our Nation economically,
culturally and politically, and the 110th Democratic Congress has been
successful in enacting key initiatives to help revitalize our economy
and renew the American Dream for millions of America's Hispanic
families.
We increased the minimum wage, benefiting 2.3 million Hispanics over
the next several years, the first increase in a decade.
We have twice passed legislation to provide health care coverage for
10 million children in need, including millions of Hispanic children.
Now, unfortunately, President Bush vetoed these measures, preventing
children from accessing the health care that they need.
But in addition, this Congress has extended unemployment benefits at
a time when the Hispanic unemployment rate stands at 8 percent.
Finally, this Congress has passed landmark measures to improve the
lives of America's veterans, including the 1.1 million veterans who are
Hispanic.
[[Page 21153]]
Mr. Speaker, it is imperative that Congress continue to focus on
expanding economic opportunities for our Hispanic working families and
communities.
I will continue to fight to ensure that Hispanics in my district have
a voice in Washington, D.C., and once again, I'm proud to recognize our
Hispanic leaders in my district in Ohio and all across our great
Nation.
I ask my colleagues to join me in celebrating Hispanic Heritage Month
and recognize all of the accomplishments of the Hispanic community.
____________________
FINANCIAL ARMAGEDDON
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Texas (Mr. Poe) is recognized for 5 minutes.
Mr. POE. Mr. Speaker, they tell us that we're going to have financial
Armageddon and the answer is to bail it out. You know, the phrase
``bailout'' is an interesting term. Having spent most of my life as a
judge and a prosecutor in the criminal justice system, we used that
term to bail somebody out of jail. Bail them out of a mess that they
have created and somebody else pays the price. Appropriate term I think
for the situation we're in now.
We want to bail somebody out of making mistakes, the rest of us are
going to have to pay for. And the bailout now we're talking about is
bailing out the financial institutions, financial institutions that are
incompetent, that made bad judgment calls, mismanagement, bad risk, and
maybe a little corruption to boot. But yet those people, those fat cats
on Wall Street, New York City, expect America to pick up the pieces,
and they pay for the mistakes that these people made. That is not, Mr.
Speaker, the American way.
In this country and where I come from, we are all responsible for the
decisions we make, and we're held accountable. We cannot expect
somebody else to be held accountable for the mistakes we made, and Mr.
Speaker, the same ought to apply to Wall Street and New York City.
Now, bailout's been a term we've been using in Congress the whole
year. I have this poster over here. Mr. Speaker, it's entitled, ``It's
a sad time to be an American taxpayer,'' and here's the reason. This
Congress and the government has authorized bailouts already this year
for troubled financial institutions and expected somebody else to pay.
First, it was Bear Stearns' bailout. Oh, that was just $28 billion.
Right after Bear Stearns came the old Fannie Mae and Freddie Mac
bailout, another situation of financial mismanagement, incompetence,
maybe corruption. That was only $200 billion. Taxpayers paid. The
responsible people did not pay. And then the AIG bailout just a couple
of weeks ago. That was $85 billion to bail out that financial giant
from making bad decisions, mismanagement, maybe corruption. And today,
today, lo and behold we bailed out the automobile industry in the
United States to the tune of $25 billion.
But we're not through, Mr. Speaker. Now they tell us, because of a
financial crisis on Wall Street, we need to pay $700 billion to fix the
system. Now, what does all that mean? That means it's $1 trillion of
money belonging to people in the United States to have to pay for all
of this mismanagement. What does that mean? Well, if you take every
man, woman, child and even illegal in the United States, that means
they've got to pay $3,000 apiece for this mess somebody else created.
Mr. Speaker, that ought not to be. That certainly is not the American
way. But yet we're expected to do it, and why, Mr. Speaker, I'm not
sure. It seems to me that maybe these folks have a little more
political clout than the average American citizen.
The district I represent down in southeast Texas, it's about 60, 70
percent blue collar. City councilman from Bay Town, Texas, is a friend
of mine. He's named Sammy Mahon. His real job, he runs a wrecker
service in southeast Texas. Yes, city councilmen in southeast Texas are
wrecker drivers. And he has a hard time making ends meet because of the
cost of diesel fuel, which is another issue. But he looks at it kind of
the way I think most Americans. He says, Congressman, if I go out of
business for whatever reason, I shouldn't expect my neighbor to pay for
my business. And he's right, because he's just a little guy.
But these big guys, they expect us to pay for mismanagement. Hold us
ransom. Pay this $700 billion in ransom, and it's all because of
incompetence and mismanagement.
Responsible Americans have to pay for irresponsible conduct by the
others. That ought not to be.
And this didn't happen universally to all banks. Some banks, small
banks, community banks, they didn't make these mistakes. They didn't
take those risky loans, give loans and money to people who had no
business borrowing money in the first place. Why should we bail out
those people that took those loans knowing they couldn't pay them back?
Why should we bail out the banks who didn't take that risk but passed
it on to the rest of us?
They tell us, Mr. Speaker, that we must act now or the sky will fall
or we'll have financial Armageddon. I think not. The politics of fear
is certainly not the answer.
You know, we have spent more time as a Congress studying steroids in
baseball than we have been studying the financial crisis this week. And
why is that? Political clout. This ought not to be.
We have a problem. We have a cause. We have to figure out the
solution. We don't know the answer to those three, and Mr. Speaker,
it's time we get busy and solve this problem but not expect somebody
else to pay for the conduct and misconduct of others.
And that's just the way it is.
____________________
REVISION TO THE BUDGET AGGREGATES FOR THE PERIOD OF FISCAL YEARS 2009
THROUGH 2013
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from South Carolina (Mr. Spratt) is recognized for 5 minutes.
Mr. SPRATT. Madam Speaker, under section 220 of S. Con. Res. 70, the
Concurrent Resolution on the Budget for fiscal year 2009, I hereby
submit for printing in the Congressional Record a revision to the
budget aggregates for the period of fiscal years 2009 through 2013.
This is in response to consideration of the bills H.R. 7005,
Alternative Minimum Tax Relief Act of 2008, and HR 7006, Disaster Tax
Relief Act of 2008. A table is attached.
Under section 323 of S. Con. Res. 70, this adjustment to the budget
allocations and aggregates applies while the measure is under
consideration. For purposes of the Congressional Budget Act of 1974, as
amended, a revised allocation made under section 323 of S. Con. Res. 70
is to be considered as an allocation included in the resolution.
BUDGET AGGREGATES
[On-budget amounts, in millions of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal Year Fiscal Year Fiscal Years
2008 \1\ 2009 \1\ \2\ 2009-2013
----------------------------------------------------------------------------------------------------------------
Current Aggregates:
Budget Authority............................................ 2,456,198 2,462,544 n.a.
Outlays..................................................... 2,437,784 2,497,322 n.a.
Revenues.................................................... 1,875,401 2,029,653 11,780,263
Change for consideration of the Alternative Minimum Tax Relief
Act (H.R. 7005) and the Disaster Tax Relief Act (H.R. 7006):
Budget Authority............................................ 0 0 n.a.
Outlays..................................................... 0 0 n.a.
Revenues.................................................... 0 0 340,570
Revised Aggregates:
Budget Authority............................................ 2,456,198 2,462,544 n.a.
Outlays..................................................... 2,437,784 2,497,322 n.a.
Revenues.................................................... 1,875,401 2,029,653 12,120,833
----------------------------------------------------------------------------------------------------------------
\1\ Current aggregates do not include spending covered by section 301(b)(1) (overseas deployments and related
activities). The section has not been triggered to date in Appropriations action.
\2\ Current aggregates do not include Corps of Engineers emergency spending assumed in the budget resolution,
which will not be included in current level due to its emergency designation (section 301(b)(2)).
n.a. = Not applicable because annual appropriations Acts for fiscal years 2010 through 2013 will not be
considered until future sessions of Congress.
____________________
CONSOLIDATION IN OUR NEWS OUTLETS
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Washington (Mr. Inslee) is recognized for 5 minutes.
Mr. INSLEE. Mr. Speaker, the previous speaker alluded to a financial
crisis we are now in that has occurred in part because of greed and
avarice and incompetence and perhaps fraud, but it's also arisen
because of the lack of an honest, tough regulatory system
[[Page 21154]]
to rein in those abuses that has been most unfortunate during the last
several years. It's happened sort of in the dead of the night, and it
points out the need for Uncle Sam to provide a regulatory system that
really stands up for hardworking Americans.
And I come to talk about one of those things that we need, which is a
regulatory system to make sure that Americans have access to multiple
sources of information so that we can make studied, reasoned decisions
about public policy. And unfortunately, under the Bush administration,
which I must say has not done a heck of a job in regulating the
financial services industry the last few years, has also not done a
heck of a job recently in providing a regulatory structure that would
give Americans access to multiple sources of information in our news
outlets.
Specifically, what I'm concerned about, I'd like to talk about
tonight, is the Federal Communications Commission, under this
administration, has attempted to allow greater consolidation in our
media outlets which basically reduces the sources and multiple diverse
sources of information that Americans receive, and this has happened in
the dark of the night. I'd like to address this problem tonight.
Many of my colleagues have advocated against the consolidation of our
news outlets because we know having multiple sources of information is
healthy for public debate. It's absolutely intrinsic to a functioning
democracy, and that's why we were outraged when the FCC voted last
December to lift a ban on one company owning a daily newspaper and a
broadcast station in the same market, too much consolidation.
{time} 2115
FCC Chairman Kevin Martin claimed that the new rules applied only in
our Nation's biggest markets. Unfortunately, we found out that that was
simply not the case. The new rules contained enormous loopholes that
would allow companies to easily obtain permanent waivers that would
allow this illicit and unnecessary consolidation in our media markets.
Now this process has also lacked transparency. Americans have not had
a fair shake to weigh in on this decision. Prior to the vote, the FCC
held six town hall meetings during the course of the year. And even
though the FCC gave little notice, thousands of people showed up to
express concerns about what the Bush administration was doing here.
The last public hearing the FCC held was in my hometown of Seattle
this last November. Along with Senator Maria Cantwell, I called on
Chairman Martin to give the public at least 4 weeks' notice prior to a
town hall meeting. Well, clearly in an effort to reduce public
response, they gave us about 4 days' notice. Nonetheless, 1,000
citizens showed up to express a relatively unanimous opinion against
any more media consolidation, against the position the FCC was
advocating.
However, the FCC Chair did not listen to those people. I know this
because it turns out--I thought this was a little embarrassing for the
FCC chairman--it turned out he had written an op-ed piece for the New
York Times in favor of further possible consolidation and submitted it
to the paper even before he got done with the hearings. And then he
came out to Seattle and purported to be listening to the Americans.
He'd already formed his opinion and had written an op-ed about what he
was going to do. It wasn't a very fair process.
This is in part why I had introduced bipartisan legislation prior to
the vote calling on the Commission to conduct its ownership proceedings
with greater transparency and to deal with the crisis in minority and
female ownership of broadcast stations. It's shameful that people of
color own just 3 percent and women 5 percent of our Nation's TV
stations.
Following the December vote, the Senate introduced and passed a
resolution of disapproval in May by a nearly unanimous voice vote. This
enjoyed broad bipartisan support. We know where Americans stand on this
issue. They do not want to continue the increasing consolidation in the
media market.
I've introduced a resolution of disapproval. We have over 50
cosponsors. We're going to run out of time to get this bill passed this
year, but I want to congratulate the public whose vigorous opposition
to this consolidation has allowed our voices to be heard. There have
been no new major media mergers that have taken place in the broadcast
industry while we have been fighting this battle.
I want to congratulate people for fighting this effort, and we will
continue our efforts into the next Congress.
____________________
CRONY CAPITALISM
The SPEAKER pro tempore. Under a previous order of the House, the
gentlewoman from North Carolina (Ms. Foxx) is recognized for 5 minutes.
Ms. FOXX. Mr. Speaker, the American people won an important victory
today, and we all should celebrate it. The Democrats finally allowed
the moratorium on offshore drilling to expire. They did that because of
the pressure brought on them by their constituents and by the 135
Republicans who stayed on this floor every day in August while the
Democrats were on vacation, and we spoke on the floor every day before
that and since then.
We called to the attention of the American people every day that the
Democrats are in charge of the Congress and it was under their charge
that gas prices doubled.
So, when someone says to you there's no difference between Democrats
and Republicans, you can point to this example of leadership by
Republicans and how we brought this to the American people and with
this support, changed the position of the Speaker.
Now we have another task before us. It is our task to inform the
American public about who is responsible for the U.S. mortgage and
credit problem that we are grappling with.
This is not a failure of the markets. But it is a failure of
government.
Mr. Speaker, I would like to put in the Record an editorial from
investors.com entitled ``Crony Capitalism Is Root Cause of Fannie And
Freddie Troubles.''
``In the past couple of weeks, as the financial crisis has
intensified, a new talking point has emerged from the Democrats in
Congress: This is all a 'crisis of capitalism,' in socialist financier
George Soros' phrase, and a failure to regulate our market
sufficiently.
``This is a crisis of politically driven crony capitalism, to be
precise.
``Indeed, Democrats have so effectively mastered crony capitalism as
a governing strategy that they've convinced many in the media and the
public that they had nothing whatsoever to do with our current
financial woes.
``Funny, because over the past 8 years, those who tried to fix Fannie
Mae and Freddie Mac--the trigger for today's widespread global
financial meltdown--were stymied repeatedly by congressional
Democrats.''
And as my colleagues on both sides of the aisle tonight have pointed
out, these problems have been brought on under the leaders who were
Democrats when Congress was controlled by the Democrats on several
occasions.
``Although some key Republicans deserve blame as well, it was a
concentrated Democratic effort that made reform of Fannie and Freddie
impossible.''
In fact, earlier tonight on FOX News, to their credit, they showed
comments being made by Chairman Frank and Chairman Schumer about why
Fannie and Freddie were great and didn't need any reform, and going
back to 2001 pointed out how President Bush and members of his Cabinet
pointed out we were going to have a crisis because of Fannie and
Freddie. As my colleague just previously said, we don't have enough
regulations of these markets, but I would say we have the wrong kind of
regulations, and more and more is going to come out about that and put
it where it deserves.
Again, I'm going to quote some more from this article:
``Fannie and Freddie gobbled up the market. Using extraordinary
leverage,
[[Page 21155]]
they eventually controlled 90 percent of the secondary market
mortgages. Their total portfolio of loans topped $5.4 trillion--half of
all U.S. mortgage lending. This created the problem that we're having
today.''
But they also ``became a kind of jobs program for out-of-work
Democrats.
``Franklin Raines and Jim Johnson, the CEOs under whom the worst
excesses took place in the late 1990s to mid-2000s, were both high-
placed Democratic operatives and advisors to Presidential candidate
Barack Obama.
``On the surface, this sounds innocent. Someone has to head the
highly political Fannie and Freddie, right? But this is why crony
capitalism is so dangerous. Those in power at Fannie and Freddie, as
the sirens began to wail about some of their more egregious practices,
began to bully those who opposed them.
``We now know that many of the Senators who protected Fannie and
Freddie, including Barack Obama, Hillary Clinton and Christopher Dodd,
have received mind-boggling levels of financial support from them over
the years.''
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Ms. FOXX. Thank you, Mr. Speaker.
``Crony'' Capitalism Is Root Cause Of Fannie And Freddie Troubles
(By Terry Jones)
In the past couple of weeks, as the financial crisis has
intensified, a new talking point has emerged from the
Democrats in Congress: This is all a ``crisis of
capitalism,'' in socialist financier George Soros' phrase,
and a failure to regulate our markets sufficiently.
Well, those critics may be right--it is a crisis of
capitalism. A crisis of politically driven crony capitalism,
to be precise.
Indeed, Democrats have so effectively mastered crony
capitalism as a governing strategy that they've convinced
many in the media and the public that they had nothing
whatsoever to do with our current financial woes.
Barack Obama has repeatedly blasted ``Bush-McCain''
economic policies as the cause, as if the two were joined at
the hip.
Funny, because over the past 8 years, those who tried to
fix Fannie Mae (FNM) and Freddie Mac (FRE)--the trigger for
today's widespread global financial meltdown--were stymied
repeatedly by congressional Democrats.
This wasn't an accident. Though some key Republicans
deserve blame as well, it was a concerted Democratic effort
that made reform of Fannie and Freddie impossible.
The reason for this is simple: Fannie and Freddie became
massive providers both of reliable votes among grateful low-
income homeowners, and of massive giving to the Democratic
Party by grateful investment bankers, both at the two
government-sponsored enterprises and on Wall Street.
The result: A huge taxpayer rescue that at last estimate is
approaching $700 billion but may go even higher.
It all started, innocently enough, in 1994 with President
Clinton's rewrite of the Carter-era Community Reinvestment
Act.
Ostensibly intended to help deserving minority families
afford homes--a noble idea--it instead led to a reckless
surge in mortgage lending that has pushed our financial
system to the brink of chaos.
Subprime's Mentors
Fannie and Freddie, the main vehicle for Clinton's
multicultural housing policy, drove the explosion of the
subprime housing market by buying up literally hundreds of
billions of dollars in substandard loans--funding loans that
ordinarily wouldn't have been made based on such time-honored
notions as putting money down, having sufficient income, and
maintaining a payment record indicating creditworthiness.
With all the old rules out the window, Fannie and Freddie
gobbled up the market. Using extraordinary leverage, they
eventually controlled 90% of the secondary market mortgages.
Their total portfolio of loans topped $5.4 trillion--half of
all U.S. mortgage lending. They borrowed $1.5 trillion from
U.S. capital markets with--wink, wink--an ``implicit''
government guarantee of the debts.
This created the problem we are having today.
As we noted a week ago, subprime lending surged from around
$35 billion in 1994 to nearly $1 trillion last year--for
total growth of 2,757% as of last year.
No real market grows that fast for that long without being
fixed.
And that's just what Fannie and Freddie were--fixed. They
became a government-run, privately owned home finance
monopoly.
Fannie and Freddie became huge contributors to Congress,
spending millions to influence votes. As we've noted here
before, the bulk of the money went to Democrats.
Dollars To Dems
Meanwhile, Fannie and Freddie also became a kind of jobs
program for out-of-work Democrats.
Franklin Raines and Jim Johnson, the CEOs under whom the
worst excesses took place in the late 1990s to mid-2000s,
were both high-placed Democratic operatives and advisers to
presidential candidate Barack Obama.
Clinton administration official Jamie Gorelick also got
taken care of by the Fannie-Freddie circle. So did top
Clinton aide Rahm Emanuel, among others.
On the surface, this sounds innocent. Someone has to head
the highly political Fannie and Freddie, right?
But this is why crony capitalism is so dangerous. Those in
power at Fannie and Freddie, as the sirens began to wail
about some of their more egregious practices, began to bully
those who opposed them.
That included journalists, like the Wall Street Journal's
Paul Gigot, and GOP congressmen, like Wisconsin Rep. Paul
Ryan, whom Fannie and Freddie actively lobbied against in his
own district. Rep. Cliff Stearns, R-Fla., who tried to hold
hearings on Fannie's and Freddie's questionable accounting
practices in 2004, found himself stripped of responsibility
for their oversight by House Speaker Dennis Hastert--a
Republican.
Where, you ask, were the regulators?
Congress created a weak regulator to oversee Freddie and
Fannie--the Office of Federal Housing Enterprise Oversight--
which had to go hat in hand each year to Capitol Hill for its
budget, unlike other major regulators.
With lax oversight, Fannie and Freddie had a green light to
expand their operations at breakneck speed.
Fannie and Freddie had a reliable coterie of supporters in
the Senate, especially among Democrats.
``We now know that many of the senators who protected
Fannie and Freddie, including Barack Obama, Hillary Clinton
and Christopher Dodd, have received mind-boggling levels of
financial support from them over the years,'' wrote economist
Kevin Hassett on Bloomberg.com this week.
Buying Friends In High Places
Over the span of his career, Obama ranks No. 2 in campaign
donations from Fannie and Freddie, taking over $125,000.
Dodd, head of the Senate Banking panel, is tops at $165,000.
Clinton, ranked 12th, has collected $75,000.
Meanwhile, Freddie and Fannie opened what were
euphemistically called ``Partnership Offices'' in the
districts of key members of Congress to channel millions of
dollars in funding and patronage to their supporters.
In the space of a little more than a decade, Fannie and
Freddie spent close to $150 million on lobbying efforts. So
pervasive were their efforts, they seemed unassailable, even
during a Republican administration.
Yet, by 2004, the crony capitalism had gone too far. Even
OFHEO issued a report essentially criticizing Fannie and
Freddie for Enron-style accounting that let them boost
profits in order to pay their politically well-connected
executives hefty bonuses.
It emerged that Clinton aide Raines, who took Fannie Mae's
helm as CEO in 1999, took in nearly $100 million by the time
he left in 2005. Others, including former Clinton Justice
Department official Gorelick, took $75 million from the
Fannie-Freddie piggy bank.
Even so, Fannie and Freddie were forced to restate their
earnings by some $3.5 billion, due to the accounting
shenanigans.
As we noted, those who tried to halt this frenzy of
activity found themselves hit by a political buzz saw.
President Bush, reviled and criticized by Democrats, tried
no fewer than 17 times, by White House count, to raise the
issue of Fannie-Freddie reform. A bill cleared the Senate
Banking panel in 2005, but stalled due to implacable
opposition from Democrats and a critical core of GOP
abettors. Rep. Barney Frank, who now runs the powerful House
Financial Services Committee, helped spearhead that fight.
Now, with the taxpayer tab approaching $1 trillion or more,
we're learning the costs of crony capitalism.
In the coming days, an IBD series will look into this
phenomenon in greater detail--how we got here, who's
responsible, and why nothing was done.
____________________
REAL REFORM, OR NOTHING
The SPEAKER pro tempore. Under a previous order of the House, the
gentlewoman from Ohio (Ms. Kaptur) is recognized for 5 minutes.
Ms. KAPTUR. Mr. Speaker, I have some advice for President Bush and
Secretary Paulson, and that is--hold your horses. The Wall Street
credit crunch is not the fault of the American taxpayer. In fact, 94
percent of the American people are paying their mortgages on time.
The credit crunch has been created by an unregulated global financial
market with some pretty important players. They sure have a lot more
money than our family does. This mess extends far beyond Wall Street.
The co-conspirators include the central banks
[[Page 21156]]
in China, Saudi Arabia, South Korea, and Japan. These institutions all
around the world who fully understood they were buying pieces of paper
held by people who lacked the ability to pay, but they wanted access to
our markets to sell their goods, and they bought our debt securities to
assure our government wouldn't stand tall for fair trade.
They played a form of financial musical chairs, so to speak, hoping
that when the music stopped, they would not be penalized. Well, the
music has stopped, and they don't want to pay the penalty. They want a
bailout.
The American people for two decades have opposed the NAFTA-type trade
deals that these financial houses have supported that have caused so
many catastrophic losses of jobs as industries were outsourced,
communities devastated, and our national wealth harmed. The American
people are not to blame for that. They're frustrated with that.
Rather, it is the stewards in these financial houses, the folks over
in this Bush administration, that want to extend NAFTA to Colombia now
and the Federal Reserve and Treasury who fail to do their fiduciary
duties.
You know, there's a lot of history here.
If we think about where the seeds were planted that caused this mess
in the markets, you can go back to 1989 with the passage by this
Congress of the Financial Institutions Reform, Recovery and Enforcement
Act. I voted ``no'' on that bill because what it did was it placed all
of these troubled savings and loans back then that had bad paper right
on the books of the American taxpayer. We paid over $250 billion for
all of those mistakes, and that bill established a Resolution Trust
Corporation which executed a lot of very lucrative deals to dispose of
those failed thrifts, including one called in the consolidation, post-
RTC, Superior Bank, which, by 2001, after getting all of the tax breaks
that it got, ended up getting the largest fine in American history ever
imposed by the FDIC: $450 million for its wrongdoing.
That particular Act in 1989 also diminished the role of community
savings banks that had been so important in our country. That Act also
took the regulatory harness off the Wall Street high-steppers, and they
began to get very, very careless.
The RTC savings and loan failures ultimately have cost the American
people so much that we're still paying interest on the messes from the
1980s. Now they want to add more.
Then in 1994, Congress passed--and I voted against--the Interstate
Banking Act that basically allowed these financial institutions to get
even bigger and less community-oriented. Give us no money on our
passbook savings and charge us fees just if we have money in checking
accounts. They have made billions.
I remember in 1995 when Speaker Newt Gingrich was elected, and he
went down to the Banking Committee and took the name off the door. It
used to be Banking, Finance and Urban Affairs, and he changed it to
Financial Services; and oh, boy, have they been about doing that,
putting fees on everything, practically even breathing when you walk in
a bank.
So the whole idea of prudent banking was thrown out the window, and
the time-honored principles of character, collateral, and
collectibility were thrown out.
Then in 1999 the killer bill of all, Gramm-Leach-Bliley, was passed
by this Congress, and it gutted the Glass-Steagall Act that had been
there since the Great Depression. That Act passed this Congress by a
margin of 362-57, and that repeal enabled commercial lenders like
Citigroup, the largest U.S. bank by assets, to underwrite and trade
instruments such as mortgage-backed securities and collateralized debt
obligations in the international market for the first time in American
history.
The repeal of that Act is one of the major contributing factors to
the subprime mortgage crisis that we face. Nontransparent practices
like derivatives crept in, and it was even hard to define what a bank
was anymore as loans were then changed to be bonds and then bonds
became securitized debt and then securitized debt was sold into the
international market. And who in the world even knows where your
mortgage lies.
{time} 2130
Today, we have, as a Congress, the duty to reform the system,
prosecute those responsible, and protect our taxpayers.
Mr. Speaker, might I just say, in closing, America doesn't need $700
billion for Wall Street. We need 500 more lawyers and accountants at
the FBI going after these people, not as a symbolic force, but as a
real force, to go after and recover the money from all the mansions,
Mercedes, boats, stock options, and offshore tax havens that these
people have set in place.
This is a problem that this Congress has to solve. Please support my
bills, H.R. 6990 and H.R. 1452, to set America on a more prudent and
diligent course in our banking and financial system.
____________________
RECOGNIZING VICKI MIDDLETON FOR HER SERVICE TO THE CONGRESS AND TO THE
COUNTRY
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from California (Mr. Hunter) is recognized for 5 minutes.
Mr. HUNTER. Mr. Speaker, I appreciate the time.
And to all of my colleagues, as I wrap up this 28 years, having come
in with Ronald Reagan in 1981, I would be remiss if I didn't talk a
little bit about this great Virginian who came in in 1981, in August--I
think it was about August 27, 1981, walked into my office and took a
job as a front desk person, the person who's right there in the front
of the battlefield, to be a member of our office staff. Her name was
Vicki Middleton, and she was the daughter of a dairy farmer in northern
Virginia. And she came in with a can-do attitude, did a wonderful job
at the front desk. And then she moved to be a legislative
correspondent, and then our senior legislative person, and then,
ultimately, my chief of staff.
Mr. Speaker, the ability of this House to operate and this
legislative body to operate is strongly reliant on these wonderful,
great Americans, these professional staff members who can look through
a sea of interests and crosscurrents of people with various stakes in
the game and can clearly see the American interest, what's right for
this country, and Vicki Middleton is one of those people.
Mr. Speaker, I came in in 1981. I got on the Armed Services
Committee. We rebuilt national defense. We came in with a 12.6 percent
pay raise for our troops. We came back from those days when 1,000 petty
officers a month were leaving the Navy because they couldn't afford to
take care of their families on the pay they were making. We rebuilt and
replaced lots of those old planes that wouldn't fly, and we fixed those
ships that wouldn't steam and we built lots more of them. And we stood
up to the Soviet Union and we brought down the Berlin Wall. And we
brought a new era of freedom to hundreds of millions of people in this
world.
And behind those initial programs and those initiatives by President
Ronald Reagan and later President George Herbert Walker Bush and then
George W. Bush and the initiatives that we've undertaken with our armed
services to bring freedom to others in the world and to protect our own
security are those wonderful, great staff people who not only work on
the Armed Services Committee, but also work in the Members' offices.
And Vicki Middleton is first and foremost, in my mind, among those
people.
She is, in my estimation--and I know a few Members will argue with me
because they have superb people working for them--I have always called
her the best chief of staff on Capitol Hill.
And so, Mr. Speaker, as I leave this job after 28 years, I thought it
might be nice to give something to Vicki Middleton to make sure that
she understands how much we value her great leadership and her
friendship. And so my wife Lynn and I had this painting, which is a
signed and numbered lithograph by Olaf Wieghorst, whom you may have
heard me talk about on a couple of occasions here on the House
[[Page 21157]]
floor, who is considered the ``Dean of Western artists'' from my
hometown of San Diego, whose paintings, at the end of his life, he was
the highest price western painter in the world. And he was a guy who
was highly independent, strongly accountable, looked you right in the
eye, never had a lick of painting lessons in his life, but had a great
eye for movement, for color, and for the people of the West. And he
painted this beautiful picture of western horses. And this inscription
reads, ``From Lynn and Duncan Hunter, for your 26 years of service to
America, to Vicki Middleton, and for a lifetime of friendship, duty,
honor and country.''
I reflected today, Mr. Chairman, as I looked at all of our great
staff members, that those terms, ``duty, honor and country,'' aren't
reserved exclusively for the people who wear the uniform of the United
States--although they certainly reflect those values of our uniformed
personnel--but they also reflect the values of people like Vicki
Middleton, who came from a small town in Virginia, came to Washington,
D.C. with independence, with honesty, with integrity, and with a great
deal of patriotism for her country, and dedicated 26 years to this
institution and to the flag that waves over it.
So, Mr. Speaker, Lynn and I are presenting this picture--in fact,
we've already presented it to Vicki once; I think we're going to
present it to her about five more times before this session is over--
but we're presenting this picture to her in recognition of her service
to America.
____________________
OPPOSING FCC MEDIA OWNERSHIP RULES
The SPEAKER pro tempore. Under a previous order of the House, the
gentlewoman from California (Ms. Waters) is recognized for 5 minutes.
Ms. WATERS. Mr. Speaker, I would like to thank my colleague,
Congressman Jay Inslee, for his work on opposing the FCC's media
ownership rules and for arranging time to bring this issue to the House
floor this evening.
I was proud to cosponsor his resolution, H.J. Res. 79, a resolution
to disapprove of the Federal Communications Commission's media
ownership rules.
The FCC has neglected to deal with the crisis in minority ownership.
Only 44 of the more than 1,200 TV stations are owned by people of
color. The situation is particularly dire for the African American
community. The number of African American owners has dropped 60 percent
from 2006 to 2007. There are only eight TV stations in this country
owned by African Americans.
Unfortunately, the FCC's vote last December to lift the newspaper
broadcast cross-ownership rules would take direct aim at minority
broadcast owners. According to the FCC, the new rule allows a newspaper
to buy a television station in our Nation's largest markets if the
outlet is ranked outside the top four.
There are at least two problems with the rule: One, it is not what it
appears to be. The new rule contains loopholes that will allow for
greater consolidation in potentially every market in this country.
Second, nearly half of all minority-owned stations operate in the top
20 markets and all are ranked outside the top four. This would make
them a target for acquisition and make it harder for people of color to
purchase stations in larger markets. This is unacceptable.
The FCC seems not to care about the state of minority ownership. In
fact, the FCC has no idea how many stations are actually owned by
people of color because the Commission has failed to keep track of
their own data. The only reason I'm able to cite statistics on minority
ownership is due to the diligent work of a nonprofit group to conduct
an accurate census and do the work the FCC should have conducted
itself.
Last year, the FCC conducted several ownership studies prior to its
December vote but failed to count 69 percent of minority-owned TV
stations and 75 percent of female-owned stations. The failure of the
FCC to properly address the crisis in minority ownership is stunning,
since the U.S. Third Circuit Court of Appeals in 2004 chastised the FCC
for its failure to address the issue of minority ownership the last
time it attempted to allow for further media consolidation.
The lack of minority ownership and minority representation has real
consequences for our society. It is no wonder many feel the media
continues to marginalize people of color, causing our communities great
harm.
There has been too much incompetency from independent regulatory
agencies during the 8 years of the Bush administration. This lack of
accountability has to stop, and I'm so proud of the millions of
Americans who have spoken out through the years and have said ``no'' to
media consolidation. This is especially true in the 35th Congressional
District, where my constituents have fought so hard to block the deal
between KTLA and the Los Angeles Times newspaper. On behalf of my
constituents, I filed a brief in the continuing litigation to oppose
the merger of these two giants that would have the effect of silencing
the voices of many of my constituents.
It is going to be because of the many individual voices for free
speech and diversity that we are going to continue to hold the FCC
accountable for serving the public interest needs of the American
people.
I promise I will continue to fight on and to fight for a media system
that strengthens our democracy instead of weakening it.
____________________
PERSONAL EXPLANATION
Ms. WATERS. Mr. Speaker, I mistakenly voted ``aye'' on Roll Call 632,
that was H.R. 2368, the Consolidated Security Disaster Assistance and
Continuing Appropriations Act of 2009. I did not realize the Defense
appropriation and funding for the war in Iraq was included in the
continuing appropriation. Had I known, I would have voted ``no.''
____________________
WHAT THE AMERICAN PEOPLE WANT
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Pennsylvania (Mr. Tim Murphy) is recognized for 5
minutes.
Mr. TIM MURPHY of Pennsylvania. Mr. Speaker, while Congress and our
Nation is concerned about the crisis in our financial markets, it is
important that we keep our ear to what the people of this Nation are
saying. They're hearing words about liquidity, about the markets, about
margins, there are even concerns about mortgage-backed securities. What
they want to hear is the talk about three basic principles to get this
Nation's economy back on track.
First and foremost is to protect the people--their nest eggs, their
pensions, their homes. It is more important that we look at
establishing that as the base of what we should be working on and not
simply talking about Wall Street and protecting millionaires there. It
is what people have in their own funds, their own accounts that they
want to make sure we're attending to.
Second is the issue of accountability. Most workers, most employers,
most executives are good people, honest and decent, God-fearing,
ethical people who are trying to do the right thing, whatever their job
is. But there are also those who bend the rules, break the rules,
ignore the rules, or create their own rules. This is what has gotten
our Nation into this mess. And there has to be accountability, strong
accountability to investigate and prosecute anyone who bankrupted their
firms on Wall Street--or on Main Street--and then expect the taxpayers
to pay for it.
Third, it is important that Congress, in the future, review the
regulations carefully to close loopholes and to prevent further
mismanagement and misconduct.
But there is a fourth principle which we have to make sure that we in
Congress take care of, and that is to do something about our economy.
Over the last couple years, many times in this Congress we've debated
and discussed issues where we could be boosting our economy. One of
those has to do with health care. I have spoken many times about the
$400 billion waste in our health care system each year, money that
people pay out of
[[Page 21158]]
their own pockets each month to pay for health care that we're wasting.
We're spending money we don't have to try to protect our economy when
we can save money on such things. In the health care area, for example,
we waste $50 billion a year on health care acquired infections. We
could be saving that money to make our hospitals accountable.
Unfortunately, Congress has not acted on that.
We could save money by using electronic medical records or electronic
prescribing to take care of the waste, fraud and abuse in our health
care system, and we have far to go. But another major area where our
economy can get going is to stop spending $700 billion a year on energy
that we're purchasing oil and gas outside of our Nation.
{time} 2145
Much of that, of course, several hundred billion dollars, is to go to
OPEC. OPEC buys its lavish palaces, its beautiful hotels, its built
islands, and unfortunately they also buy up our debt. We're going to
owe them on our national debt for several years because they buy that
up. And recognize also what OPEC is doing with that is not only are
they owning our economy, they will own it for the future, they are also
nations building weapons and threatening our national security and our
economic security.
Oddly enough, while Secretary Paulson is asking us for $700 billion
to help get Wall Street back on its feet, it's $700 billion a year we
spend each year on energy. If we drilled our Outer Continental Shelf,
if we went for the Colorado shale oil, if we looked at the North Slope
of Alaska, while just drilling the Outer Continental Shelf alone would
yield $2.6 trillion in Federal income. But we continue to set that off-
limits. That does not include how much we could have in Federal income
if we also use a shale oil in Colorado and also the North Slope of
Alaska.
We put together a bipartisan bill. Congressman Abercrombie,
Congressman Peterson and several of us worked and drafted a bill which
unfortunately this Congress has ignored. It is not enough just to say
we will open up by default these areas for oil drilling, because the
oil companies know they won't invest in that because they expect
Congress to once again pull the rug out from under them.
We have to take definitive action to get our economy back on its
feet. So follow these principles. Protect people and their money, have
accountability to those who did wrong, and work on reviewing the rules
and regulations. But above all, I hope that Congress in these final
waning days of this session does not continue to ignore how we could be
boosting our economy and change it from the largest bust in our history
to the largest boom in our economy. That is what we can do. That is
what I still hold out some small ray of hope that our Nation can do.
____________________
UNITED STATES-INDIA CIVIL NUCLEAR DEAL
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from New Jersey (Mr. Pallone) is recognized for 5 minutes.
Mr. PALLONE. Mr. Speaker, this evening I rise to encourage my fellow
Members of Congress to support the U.S.-India Civil Nuclear Deal.
Recently the 45 nations of the Nuclear Suppliers Group waived the ban
on nuclear trade with India. This paved the way for Congress to act
swiftly to pass the U.S.-Indian Civil Nuclear Deal into law. This
agreement will reduce pressure on energy markets, benefits both
nations' economies and strengthens the U.S.-India strategic global
partnership.
It will bring positive benefits to both the United States and India.
It will permit both countries to engage in shared civil nuclear
research and development and commercial trade of technology and fuel
while guaranteeing safeguards on all civil nuclear material.
Mr. Speaker, completion of this agreement will represent an important
milestone in accelerating commercial and cultural ties between the
American people and the people of India. But obstacles remain. We must
work with the administration to ensure the agreement comes up for a
final vote this year, before Congress adjourns. The United States has a
significant strategic partnership with India. This civilian nuclear
cooperation agreement is a critical component to building on that
successful partnership.
The agreement strengthens energy security for the United States and
India. By diversifying the energy markets and creating greater energy
supply, the civil nuclear agreement promotes the development of stable
and efficient energy markets in India. Expansion of U.S.-India civil
nuclear cooperation should, over time, lessen India's dependence on
imported hydrocarbons, including those from Iran.
The nuclear agreement will also bolster both nations' economies. For
the United States, the agreement opens up a major new market for
technology exports and investment that is currently off limits. And it
brings India into the global nuclear nonproliferation regime as a fully
invested partner. India is committed to preventing proliferation from
its civilian nuclear program and protecting against diversion of
nuclear materials and technologies.
Finally, the civil nuclear agreement will provide the foundation of a
promising U.S.-India alliance that will serve as a defense against
terrorism and nuclear proliferation. The U.S. has an important stake in
ensuring regional stability in South Asia, even as Pakistan continues
to produce and test nuclear weapons without proper safeguards. With
uncertainty in Pakistan and the continuing influence of al Qaeda on the
Afghanistan and Pakistan border, it is essential that India remain our
strategic ally.
Mr. Speaker, 15 years ago, I formed the Congressional Caucus on India
and Indian Americans in order to work for a stronger bilateral
relationship between the United States and India. Today the world's two
largest democracies have established a remarkable strategic partnership
that can only be strengthened by civil nuclear cooperation.
Mr. Speaker, we should all do everything we can to see that the U.S.
civil nuclear agreement receives final approval in Washington so that
the world can begin to benefit from its implementation and we can
embark on a new era of U.S.-India relations.
____________________
RECOGNIZING THE HONORABLE BUD CRAMER AND THE HONORABLE TERRY EVERETT ON
THEIR RETIREMENT FROM CONGRESS
The SPEAKER pro tempore. Under the Speaker's announced policy of
January 18, 2007, the gentleman from Alabama (Mr. Bonner) is recognized
for 60 minutes as the designee of the minority leader.
General Leave
Mr. BONNER. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
include any extraneous material on the subject of my Special Order.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Alabama?
There was no objection.
Mr. BONNER. Mr. Speaker, as the American people are sitting home
tonight watching the President of the United States talking about the
state of our economy with so many uncertain questions that are out
there about so many different issues, this is a time where the House
has completed its work that gives us an opportunity to show the
American people how, at least in the State of Alabama, Republicans and
Democrats have over the years worked together hand in hand with a love
of country at heart to try to make our State, our communities and
certainly our great country a better place. And tonight I am privileged
to lead this special order which will not take the entire hour but will
give some of our colleagues an opportunity to recognize the significant
contributions of two such Members, two men who didn't come to Congress
at the same time, but who came within a term of each other, and who
have, with different life backgrounds, made a substantial contribution
to the betterment of their district,
[[Page 21159]]
the State that they grew up in and love, and certainly this wonderful
Nation. And I'm referring to two men of different political paths and
different political parties, but two men who have universal respect
here in the House of Representatives, Bud Cramer of the Fifth
Congressional District of Alabama and Terry Everett of the Second
Congressional District.
Earlier this year, Congressman Cramer surprised his constituents and
really people throughout this city and our Nation's capital that he
would be leaving Congress after 18 remarkable years of dedicated
service to the people of Huntsville and his district, the Fifth
Congressional District in north Alabama. And I think it was actually
this time last year when Congressman Terry Everett surprised the people
in the Second Congressional District that he too was going to be
calling it quits after 16 wonderful years of dedicated service to the
people of Alabama's Wiregrass community.
Joining me tonight will be some colleagues who know these Members
intimately well. And so I will be privileged to recognize them in just
a moment and let them say a few words of thanks on behalf of the
American people to these two giant legislative leaders and their
dedicated service.
I also have some statements for the Record, Mr. Speaker, that I would
like to enter, because as the night has drawn on and Members have had
other obligations, they have not been able to actually be here for some
of these comments. But I would like to enter one in particular at this
moment from my colleague, Congressman Robert Aderholt, of Alabama's
Fourth Congressional District.
Of Terry Everett, Robert Aderholt said, ``we value very highly
Representative Everett's service and his work with our delegation over
the course of his distinguished career. John Quincy Adams once said, if
your actions inspire others to dream more, learn more, do more and
become more, you're a leader. Terry Everett is the type of leader that
embodies this quote. His actions have inspired many Alabamians to dream
more and to learn more. And I am pleased for his great contribution to
our State. As Terry leaves this institution at the conclusion of this
110th Congress and goes on to other endeavors, we wish him the very
best of luck and ask God's blessings on him and his wife, Barbara, for
many years to come.''
And Robert also serves next door to Congressman Cramer. And he asked
me as well if I would take just a moment to mention the following about
his friend and neighbor, Congressman Bud Cramer. ``Even though Bud and
I are members of different political parties, we have cosponsored over
50 bills in this congressional session alone. We've not always agreed
on every issue that has come before the House, but I have always
respected him and his leadership no matter what the issue has been.
Congressman Bud Cramer has served his district and our State well. And
it is my pleasure to have worked alongside him for 12 years. He has
been a great partner in working on issues for north Alabama. As Bud
leaves this institution, he leaves behind friends on both sides of the
aisle. Regardless of the path he chooses, he leaves this institution a
better place. And I look forward to watching his successes along the
way.''
And also, Robert added ``may God bless Bud in all of his endeavors,
and we wish him all the best that he looks forward to doing.''
Now I'm very pleased to recognize for a few minutes my distinguished
friend from California, the former chairman of the House Armed Services
Committee and the current ranking Republican on that committee,
Honorable Duncan Hunter, who has known Congressman Terry Everett for
every year that Terry has been in Congress. And I would be honored to
yield as much time as my friend, Duncan Hunter, might choose to
consume.
Mr. HUNTER. I thank my good friend for yielding. And to both these
great sons of Alabama, I want to say, thank you for your wonderful work
and your wonderful service to our country.
I was in Terry's house a couple of summers ago. And we walked out to
his woodworking studio where he makes all of these great cabinetry,
wood products and molding. In fact he built this beautiful house by
himself almost single-handedly using all this machinery that he had in
his woodworking place. And as we walked across the floor, I noticed a
bunch of red stains. And I said, what is that, Terry? He said, that is
when I cut part of my hand off. And I keep that blood to remind me so I
won't do it again. And I immediately decided that I would not become a
woodworker. It was too dangerous.
But I am reminded on that trip that Terry Everett was showing me how
to make cabinets. And he can make cabinets. And if you go in that
house, you can see he made beautiful ones. I said, Terry, our house
burned down in California. We're going to have to rebuild it. He said,
well, Hunter, if you come down here for a week or two, we will make
some cabinets.
Terry, let me tell you, having now experienced the cost of California
cabinets, I wish I had come down and worked with you and made those
cabinets with you out of some of that good old cypress wood. That would
have been great.
And Bud, I want to thank you incidentally for your great support of
national defense. I have always been in this Congress kind of a Johnny
One Note focused on defense issues since I got here. You always support
a strong national defense. That has helped us to do all the things that
Terry and I have worked on over the years to rebuild our defense in
such a way that we're able to bring down the Soviet Union and that we
were able to free hundreds of millions of people, we were able to bring
freedom to the captive nations of Eastern Europe and to keep the United
States a shining star in this very difficult, very dangerous world. And
your work to make sure that we kept this country strong is very, very
much appreciated.
And I have always thought of you as one of those great voices who
could reach across the aisle and come together in a bipartisan way to
make this country strong and to do the right thing. And that is so
important in this body. In fact the ability to reconcile our
differences and find common ground may be the best characteristic of
this body.
Now let me tell you about Terry. Terry and I have done a lot of
political planning. And some people would call it conspiracy. But I
just call it political planning. Terry Everett has either shown
enormous loyalty to me or terrible judgment. He supported me in every
campaign I have run in the House. And I have run for the leadership. I
have lost some of them, and I have won some of them. And Terry would go
out and make those vote counts and helped me. Sometimes he would sit
and say, Hunter, I think you're going to be a little bit short here,
but we're going to drive on. And we always drove on. And in the end,
it's not whether you won all those contests. It's the great friends
that you made while you were on the way, while you were competing.
{time} 2200
If you think that loyalty and friendship are important components of
the American character, then Terry Everett is just full of character.
And also he is a character. And if you listen to him, you will see a
great sense of humor, an ability to laugh at the world, even when the
world has taken some dangerous turns, and go back to work in a quiet
way and get things done.
I have also said that Terry, behind closed doors, is one of our
members on the Armed Services Committee and on the Intelligence
Committee, so he ties those two committees together; one committee that
oversees this $600 billion-plus budget and this enormous fighting force
of the Army and the Navy and the Marine Corps and the Air Force, and
the other committee which oversees this very important arm called the
Intelligence Branch, which gives us the information that we need to
keep this country safe and secure. And many times those two entities,
the defense community and the intelligence community, have to come
together and work together, just like
[[Page 21160]]
they are working together in Iraq and Afghanistan right now.
Let me tell you, a lot of the coordination that is taking place right
now in Iraq and Afghanistan between people that are working in very
difficult, inconvenient places and risking a lot, their effectiveness
and their coordination to a large degree is a result of the work of the
guy sitting right in front of me, Mr. Terry Everett.
So, Terry, you are a life-long friend, a great, great American, and I
have got to tell you, working on the Armed Services Committee with you
for so many years has been a real joy. It has been a great thing for
this Nation to have you in the traces there pulling that plow, doing
that hard work every day. You are going to be tough to replace.
Bud, I know you are going to be tough to replace too. You have done
wonderful work.
Terry, you are one of two guys retiring from political life from the
Armed Services Committee. Jimmy Saxton is the other one, and I gave him
his parting gift from the Hunter family. I have got one for you. I am
going to give it to you now, Terry. I am going to present it to you
about five times this week so I can get a lot of mileage out of it.
I want to tell you just a little story about this picture. This
picture was painted, this is a signed and numbered lithograph by Olaf
Wieghorst, who at the time he passed away in San Diego, California, and
he was a great friend, he was the highest-priced Western artist in the
world. He was a grand old guy who had been part of the American cavalry
in the early 1900s and became a great artist, without ever taking a
lesson.
In fact, if you go rent the movie ``El Dorado'' with John Wayne and
Robert Mitchum and James Caan, you will see that Olaf Wieghorst is the
Swedish gunsmith in the movie. He was in that movie because John Wayne
had a number of his pictures, as did Ronald Reagan and Barry Goldwater,
and Wayne told him to come down to the movie set one time, and he did
that, and they put him in this movie ``El Dorado.''
So I want you to check out ``El Dorado,'' and you will see my old
friend Olaf Wieghorst, who painted your picture. And I believe your
picture is rolled on the screen during the credits as they sing the
opening ballad in this great Western movie. So I want you to go down
and look at that.
But one reason I am giving you this Olaf Wieghorst picture of the
American West is this: The quintessential American Westerner is
straight ahead, looked you right in the eye, his word was his bond,
loyalty was his trademark, and that is Terry Everett.
So, Terry, I want you to look at this picture and remember that the
Hunter Rancho has lots of rooms in it since we have rebuilt after the
fire, and we look forward to you coming up and bringing some of your
cabinet making tools. Maybe you can show Mrs. Hunter and I how to make
a couple of extras.
But thank you for your great service to this country. That flag over
this Capitol waves proudly and waves more securely because you served.
Thank you very much for your service.
And Bud Cramer, thank you, my great friend, for your service to our
country also.
I am going to take this picture back, Terry, because I am going to
present it to you about five more times.
Mr. EVERETT. Duncan, before you leave, thank you very for those kind
words, and, obviously, thank you for that beautiful picture. You are
still welcome to come to my home down outside of Dothan, Alabama, and
we will do the cabinet work there. Those cabinet saws are a little bit
hard to move around. I am not sure I could get it all the way to San
Diego.
I want to thank you for allowing me to be the first chairman of the
Strategic Forces Subcommittee. I think it is some of the most
interesting work that we do. I am really proud of that committee, of
the staff that supports that committee and the other members who are on
it. We have all the missile defense, we have all the overhead stuff,
satellites, and we have nuclear weapons. So it has been a really
interesting committee, and I have you to thank when this committee was
first formed that you allowed me to be the first chairman of that
committee. So thank you very much.
I would be amiss if I didn't say that you have made great
contributions to this country. You have always been straight up for the
military. You have never let anybody push over our military and not
provide them with what they needed.
I remember being in your office when we were having those tragic
explosions on the roadsides that were killing and maiming our troops,
and you had somebody from Lawrence Livermore there and you told them to
get this problem solved and get it solved right now. If we have to go
over there with welders and put this sheeting, steel sheeting on those
Humvees, then we would do it. So I appreciate your dedication to the
military.
You say you have been a one-note person. That is not true. We both
know that. We have had a number of issues, for instance NAFTA, that we
fought. We lost, but we fought that I thought very well.
I appreciate the dedication and all the years you have been
contributed to this country and to the State of California. Thank you
very much.
Mr. HUNTER. Well, Terry, thank you. You know, we did lose on NAFTA,
but we were right.
Mr. EVERETT. We were right.
Mr. HUNTER. In your work on the Strategic Subcommittee on Armed
Services, what a critical position at a critical time for this country.
Because being able to renew our strategic capabilities, these systems
age, being able to match what other people are doing in space now. I
think when the Chinese knocked that satellite out of space, they
initiated and heralded a new era of competition in space. Whether we
like it or not we are in this fight, we are in this competition. And
being able to maintain that capability that, as you so articulately
stated, supports American military movements and operations and the
economy of the United States, what a crucial responsibility, and you
did a great job at it.
But always with that great--you know, you are an Alabama guy, and
Alabama is a wonderful State, but you have all those great qualities
that represent the best of the American West.
Mr. EVERETT. Thank you very much. And I do love that committee. I
love what it has done. We are the leading users of space in the world.
We have great assets not only for our military, but for our economy
also. The global economy for space is some $220 billion, and growing
about 18 percent a year.
I have problems though, and I know one of the things you have
championed over the years is getting young people interested in
engineering, math, science and things that we need in the space
industry. I just point out that China last year graduated 500,000 new
engineers. The United States graduated 70,000. So we certainly have to
interest young people in this marvelous thing that we call space.
Thank you again for your kind words.
Mr. BONNER. Duncan, thank you so much for being with us.
Mr. HUNTER. Terry, I want to give you this picture, but you have to
give it back so I can present it to you on five more occasions.
Mr. BONNER. As this evening continues to unfold, we have heard from
so many colleagues from all over the country who are paying homage
tonight to Congressman Bud Cramer and Congressman Terry Everett.
Congressman John Tanner, one of Bud's closest friends and colleague
and one of the leaders in the Blue Dog Coalition asked me, because of a
last minute conflict, to enter the following statement.
``Mr. Speaker, I am proud to join our colleagues tonight in paying
tribute to my friend Congressman Bud Cramer, who, as you know, will
retire later this year after representing Alabama in this body for 18
years. During this time, he has been an important leader in Congress
and an excellent public servant for the American people.
``Several years ago, Bud and I, along with a handful of our other
Democratic
[[Page 21161]]
colleagues, formed a small group to fill what we saw as a void within
the body at the time, a solution-oriented coalition of moderate Members
who could help forge a bipartisan bridge between our colleagues on
either side of the partisan aisle. That group was named the Blue Dog
Coalition, to which we both still belong.
``I appreciate Bud's leadership on working on bipartisan solutions to
the challenges facing our country. A military veteran, grandfather and
children's advocate, Bud has dedicated much of his life to his country
and helping others.
``Mr. Speaker, Bud Cramer's dedication and commitment have served our
country well, and his presence in this Chamber will be sorely missed.''
That comment and so many others from our colleagues in Alabama,
Congressman Artur Davis, Congressman Spencer Bachus, Congressman Mike
Rogers. I have already mentioned Congressman Aderholt could not be here
because of a last minute conflict, but asked his statement to be
entered into the record.
Friends of Terry Everett and Bud Cramer, Lincoln Davis of Tennessee,
Bart Gordon, the distinguished chairman of the Science Committee, Gene
Taylor, my neighbor along America's Gulf Coast, so many people from
both sides of the aisle and all political stripes who are opening up
their heart tonight saying thank you for the leadership that these two
outstanding gentleman have provided.
Mr. Speaker, without objection, I would like to enter an article on
each of these two gentlemen in the Congressional Record.
On July 27th, shortly after Congressman Cramer announced his
intentions to resign at the end of this session of Congress, The
Huntsville Times, Congressman Cramer's hometown newspaper, ran a series
of articles about the outstanding, dedicated leadership and service
that Bud Cramer has provided.
So without objection, I would like to enter this into the
Congressional Record.
Likewise, on October 1, 2007, and then a few months later in the
Dothan Magazine, the first being the Montgomery Advertiser, the capital
city newspaper, there were editorials and articles alike praising Terry
Everett for his solid performance as an outstanding leader of Congress
and an outstanding leader for Alabama.
Mr. Speaker, I would like to enter both of these as well.
[From the Montgomery Advertiser, Oct. 1, 2007]
Everett Has Been Solid Performer
Residents of Alabama's Second Congressional District--which
includes all of Autauga and Elmore counties and a portion of
Montgomery County--aren't prone to frequent changes in the
representative they send to Washington. A new representative
has been elected just twice in 44 years.
Bill Dickinson won the seat in 1964, the year of the fabled
``Goldwater sweep'' that saw five Republicans elected to
Congress from Alabama, something that would have been
unimaginable only a few years before. He held the seat until
1992, usually with ease, fending off only a handful of
significant challenges over the years.
Dickinson retired from Congress that year and the Second
District, to the surprise of many observers, turned to Terry
Everett over two better-known candidates. Its voters have
elected him every two years since and likely would continue
doing so for some time to come.
But they won't have the chance. Everett announced last week
that he would not seek another term in the House in 2008. At
70, he said he was looking forward to returning to his farm
in Rehobeth.
The announcement set off a flurry of speculation and
exploration. Chances to run for an open congressional seat
are rare, so there surely will be no shortage of candidates
next year in a district that covers the Wiregrass area of
southeast Alabama, then curls upward to reach into Montgomery
County.
There will be ample opportunity to consider those
candidacies in next year's campaigns. For now, Everett's
tenure in office deserves some reflection by those he has
represented since 1992.
Everett, who previously owned a string of small newspapers,
was not exactly a household name when he began his bid for
the seat. Nor was he--nor did he ever become--a scintillating
campaigner. For those looking for a candidate to ignite an
audience or light up a room, Everett was never the guy.
Yet Second District voters liked Everett from the start.
Something in his low-key, receptive manner and steadfast
common-sense conservatism resonated with them. He defeated
state Sen. Larry Dixon of Montgomery, long considered a
likely successor to Dickinson, in the Republican primary and
state Treasurer George Wallace Jr., then a Democrat, in the
general election.
He would have opposition in future races, but never any
opponent of similar stature.
Everett understood well the concerns of his district, where
military and agricultural issues are especially important. He
was a consistent supporter of the major military
installations in the district, Maxwell-Gunter Air Force Base
in Montgomery and Fort Rucker near Ozark. Farmers had a
reliable advocate in Washington as well.
A subcommittee Everett chaired uncovered and addressed
serious abuses in health care facilities for veterans. He
served for years on the House Intelligence Committee and is
now the ranking minority member. He observed wryly in an
interview with The Associated Press that ``some of the most
important work I've done I can't talk about because it was on
the Intelligence Committee.''
Everett has served the district and the nation well. It
should be noted that he's not leaving office right away.
Indeed, he'll be there for more than a year. We are confident
that he will continue his steady, conscientious
representation during that time before entering an honorable
and well-earned retirement from public life.
____
[From the Huntsville Times, July 27, 2008]
Staunch Support for Defense, Space a Hallmark
Over his 18 years in Washington, D.C., U.S. Rep. Bud Cramer
says his connection to defense, NASA and the Space Station
has been huge.
``In the early years, I had constant battles in defending
the Space Station and with protecting NASA,'' Cramer says.
``We won those battles, but it took going member to member
asking for votes. It meant building support to preserve the
station. One of those victories was won by one vote.''
In defense, early issues with the Redstone Arsenal arose
with the base military realignment--or BRAC-rounds. The
congressman says he immediately sought to tell the ``Redstone
story,'' often by showing its cooperatives with BRAC.
Cramer also says there were a host of other developments,
like a weather station with NexRad radar. When the National
Weather Service intended to close its Huntsville office, the
congressman sought legislation to keep it open. After a
decade of uncertainty, Cramer helped secure $3 million in
startup money for a full service weather forecast office to
be located in the National Space Science and Technology
Center building on the University of Alabama campus in
Huntsville to serve an 11-county area.
After a four-year battle, the congressman got the National
Weather Service to drop its plan to eliminate radar in
Huntsville. The radar was kept and Doppler radar was added.
Huntsville Mayor Loretta Spencer says, ``Without question,
Congressman Cramer has been a stalwart in assisting the
growth of the Army and NASA in Huntsville. By be- ginning and
continuing the National Children's Advocacy Center in
Huntsville, Bud continues to bring positive recognition for
our city.''
Cramer was elected to Congress in 1990 after serving 10
years as Madison County's district attorney. He was re-
elected to Congress eight times and is a strong children's
advocate, having founded the National Children's Advocacy
Center. In North Alabama, the congressman's support for
defense and aerospace industries is well-known. Part of his
economic development efforts is the Boeing Company rocket
plant.
In the House of Representatives, Cramer is known as a
tireless supporter of the Space Station and a leading
advocate for spending increases in missile defense,
particularly with Huntsville long being a center for research
and development for both. Redstone Arsenal is located in the
Fifth District, as well as the U.S. Army Aviation and Missile
Command and NASA's Marshall Space Flight Center.
In 2002, when Cramer joined officials in breaking ground
for the world-class Propulsion Research Laboratory at
Marshall Space Flight Center, he commented on it representing
fortitude.
``The groundbreaking today represents years of hard work by
many people who are dedicated to making sure Marshall
continues to be the leading center for propulsion research in
the country. Securing funding for this world-class research
lab was one of my top priorities, and I was pleased to help
lead our Alabama delegation's efforts to make it a reality.
With this new facility, Marshall Space Flight Center will be
well-positioned to play a significant role in the future of
NASA.''
Cramer worked to secure funding for the laboratory,
including $10 million for design and research equipment, and
another $20 million for construction. The facility's research
will aid advanced nuclear technology, alternate- and
combined-cycle engines, high-energy plasma engines, beamed-
energy sails and antimatter propulsion systems.
Building on the Huntsville area's high-tech growth, the
congressman called the area ``a natural place'' for the
laboratory and a fundamental move toward maintaining North
Alabama's excellence in propulsion.
[[Page 21162]]
Two years later, when Cramer helped NASA officials cut the
ribbon at the laboratory, he also praised Sen. Richard Shelby
for his support for the lab.
``Since our space program's earliest days, North Alabama
has been a center of space propulsion expertise,'' he said.
``With this new lab, the world-class propulsion experts right
here in North Alabama will be better prepared to tackle the
propulsion challenges facing NASA and the new Vision for
Space Exploration.''
In June, Cramer continued his support of NASA with the
House of Representatives passage of the NASA Authorization
for fiscal year 2009. It authorizes $1.2 billion for programs
and an additional $1 billion for research and development of
space exploration vehicles, including the Orion Crew
Exploration Vehicle and the Ares 1 Crew Launch Vehicle, which
are being designed to replace the space shuttle.
``I am proud to support NASA and all of its field centers,
including North Alabama's Marshall Space Flight Center,''
Cramer said. ``The authorization bill passed by the House
today gives NASA the resources it needs to sustain programs
and research initiatives that are critical to keeping America
at the forefront of space exploration. In North Alabama, our
space community is poised to continue its major role in
NASA's vision.''
Cramer serves on the House Appropriations Committee and the
House Permanent Select Committee on Intelligence. The
Appropriations Committee is in charge of spending for all
aspects of the federal government, including the U.S.
Department of Defense and NASA. Many of the critical jobs
performed by these two agencies are based in North Alabama.
Cramer was appointed to the House Intelligence Committee in
2002, which oversees defense and national security
intelligence issues.
The congressman has been a strong, active supporter of the
space program. As one of NASA's top allies in Congress, he
fought for Huntsville's NASA Marshall Space Flight Center and
programs like the U.S. Space Station. For his outstanding
record of support for space exploration, Cramer received the
National Space Club's 2002 Von Braun Memorial Award for Space
Exploration.
Mr. BONNER. Now, while I know others would like to speak, I think it
is appropriate to pause and dedicate the balance of our time to
recognizing these two outstanding individuals, outstanding public
servants, sons of Alabama.
Interestingly enough, they both serve on the Intelligence Committee.
Bud had become a leader in the defense world on the appropriations
side. Terry has been a leader in the defense world on the authorization
side.
Ironically, but probably not coincidentally, they both came to
Congress having served their communities as Sunday school teachers and
long-time community advocates.
So for the balance of this time, I would like to yield first to my
friend Congressman Bud Cramer, the dean of our delegation, and then to
Congressman Everett.
Mr. CRAMER. Joe Bonner, thank you. On behalf of this Alabama
delegation, I appreciate your team membership with us. Even when you
worked in Sonny Callahan's office, you were part of our delegation
there, because, of course, Sonny was our team leader for a while there
as well.
As you and maybe the rest of the country doesn't know, there are only
seven of us from the State of Alabama. When I came here in the year
1990, I was broken into, introduced to the Alabama team, and understood
pretty quickly that regardless of party label, we were one for the
State of Alabama, and hopefully for the country as well.
So it has been a pleasure to work with you, and I thank you for you
taking the time tonight to allow folks to express these words of
kindness for my service here, but particularly for my colleague Terry
Everett.
Terry Everett, this gives me the opportunity to say to you that I can
think of no one I have enjoyed serving with more than you here, and I
have many friends on both sides of the aisle. You and I are bookends in
our State, you from the southeastern part of the State, I am from the
north-central part of the State.
But your service on the Armed Services Committee, and then eventually
on the Intelligence Committee, I joined you there on the Intelligence
Committee. The Congress may not know, but I am currently the chairman
of a subcommittee on the Intelligence Committee called the Oversight
and Investigations Subcommittee, a new subcommittee that was formed two
Congresses ago. I was ranking member until this term of Congress, and
now I am the chairman. You are the ranking member of that subcommittee.
So it is interesting and ironic that Alabama has had kind of service on
that committee, that we can't talk much more about, but it has been
particularly important to the rest of the country as well.
{time} 2215
I will miss you. I will miss Barbara as well--your wife, Barbara--
whom I came to know because I got to know you, and we're like family.
That speaks well of the entire Alabama delegation.
When we presented our Intel authorization bill on the floor earlier
in the year, I was able to get a little more specific as Chairman
Duncan Hunter was able to do tonight about your commitment to defending
space and to making sure that this country's investment in space is
preserved. I hope, in your next life, whatever that might be, that you
continue your expertise in that area because you still have a lot to
offer to the space intel community and to the defense community as well
from your service right here in this remarkable arena.
So I will miss you. I will miss this Alabama delegation. I will still
be active with you, and will make sure that we, together, continue to
look after the State of Alabama.
I will yield back my time, but thank you, Jo Bonner.
Mr. BONNER. Thank you, Bud.
Terry, would you like to say a few words?
Mr. EVERETT. Yes. Thank you very much, Jo.
First of all, thank you for arranging for this to happen.
Two of my favorite people and two of the nicest people I think I know
in the House who I've never heard say an unkind word about anybody are
Jo Bonner and Duncan Hunter. They're absolutely some of the top people
who you could have leading this Nation and in this Congress.
As for my friend Bud Cramer, I appreciate those kind remarks that
you've given.
Bud came here one term before I did. I've served with him now for 16
years, and we have an awful lot of things in common. The Alabama
delegation, as he referred to it, is a small delegation, but it's large
in its dedication to the State and to getting things done. A great deal
of that, being able to operate from a small delegation that does a lot
of very good things for their State and for the district, is because of
Bud Cramer's ability to reach across the aisle and work with people.
Bud is correct. We have worked together. He is an appropriator and
I'm an authorizer. Some of our key issues have been missile defense as
well as space. We've worked together an awful lot to make sure that
that's represented well--and it is--up in Huntsville. In my
estimation--and I've told Bud this before--in Huntsville, there should
be one of our national labs. I mean what they do in Huntsville, Alabama
for our missile defense and for our space activities is just
outstanding. A great deal of that is because of Bud Cramer and his work
on the Appropriations Committee and on the Intelligence Committee.
He is the chairman of the Oversight and Investigations Subcommittee
on Intelligence, and he has done an outstanding job of moving things
forward that have to be moved forward in that committee. It is just a
real honor for me to be able to be his ranking member on that. I, too,
think that it's good that Alabama has two Members who are in leadership
positions on that particular committee.
So, Bud, I want to thank you and I'll miss you. I've appreciated your
friendship. I've appreciated your loyalty to this country, to the State
and to your district, and I hope you stay connected. I know that you're
one of the leading experts in a lot of these areas, and I really hope
that you will stay connected to space. I certainly intend to stay
connected to it.
Thank you very much, Jo.
Mr. BONNER. Mr. Speaker, I just want to say thank you for allowing us
to have this opportunity on behalf of the 433 other Members of Congress
who are not here in person but who tonight,
[[Page 21163]]
in some form or fashion, have expressed their love, their appreciation
and their respect for the dedicated service of Bud Cramer and of Terry
Everett.
In closing, I just want to tell the people who might be listening in
Kansas or in Wisconsin or in Florida or in California that this is an
example of the best of America, of the best of two men who grew up in
different times but in the same State, who came to Congress 2 years
apart and who worked their hearts out to make their country a better
place.
As the son of an Alabama sharecropper and railroad foreman, Terry
Everett knew hard times from the day he was born, never leaving his
home area of Dothan and Midland City until he joined the Army following
high school. He learned Russian. He served as an intelligence analyst
in Europe. After his military service, he came back to his beloved
Dothan and worked as a sports reporter. He then covered the police beat
for the Dothan Eagle, eventually becoming a newspaper editor and
publisher and eventually becoming an owner of several newspapers in
southwest Alabama.
Terry, on behalf of the people in Autauga, Barbour, Bullock, Butler,
Coffee, Conecuh, Covington, Crenshaw, Dale, Elmore, Geneva, Henry,
Houston, Lowndes, Montgomery, and Pike Counties--635,000 people who
have benefited from your 16 years of dedicated service--a heartfelt
thanks for what you have done and for what you continue to do.
Certainly, without equal, Bud Cramer was named just a few years ago
by Money Magazine as one of America's best Congressmen. What a tribute
and what a true statement at that.
For a remarkable career, the people of Colbert, Jackson, Lauderdale,
Limestone, Madison, Lawrence, and Morgan Counties owe a debt of
gratitude for your outstanding 18 years of service, Bud.
As the editorial staff of the Huntsville Times said it best, your
record has been nothing short of remarkable.
The Times Daily went on to say that he has shown that he can
represent the people of his district while always considering the best
interest of his Nation.
These are two outstanding men who will leave Congress at the end of
this session, but they will leave a lifetime of service.
Bud, especially for you, in the area of child advocacy, you certainly
are the national leader in that area.
Mr. ROGERS of Alabama. Mr. Speaker, I respectfully request the
attention of the House to pay recognition to a dear friend across the
aisle. My collegue, Representative Bud Cramer will retire after
eighteen years of service to the people of Alabama's 5th District when
this session adjourns.
Congressman Cramer has been a pleasure to work with during my time in
the House, and has contributed a great deal to the Alabama
Congressional Delegation. His willingness to discuss issues across
party lines speaks to his genuine concern for the well-being of his
constituents. Congressman Cramer has been a strong, advocate for
sensible legislation and has used his positions on the House
Appropriations and Permanent Select Intelligence Committees to champion
fiscally responsible programs.
I would like to thank Congressman Cramer once more for his dedicated
service. I have been honored to work with him over the past 6 years.
Mr. Speaker, I respectfully request the attention of the House to pay
recognition to a dear friend and exemplary member of this body. My
colleague, Representative Terry Everett will retire after 16 years of
service to the people of Alabama's 2nd District when this session
adjourns.
Congressman Everett has been an invaluable resource for the Alabama
Congressional Delegation. His experience and insight were a great help
to me when I first came to Washington in 2002. As a member of the
Agriculture, Armed Services, and Permanent Select Intelligence
Committees, he has furthered the interests of the people of Alabama and
the security of the United States.
I would like to thank Congressman Everett once more for his dedicated
service. He is a gentleman with the highest regard for duty and
principle, and he will be dearly missed.
Mr. DAVIS of Alabama. Mr. Speaker, I congratulate Congressman Terry
Everett on his retirement after 16 years of service in the House.
Everett has been a reliable supporter of the two sectors that drive the
economics of the 2nd Congressional District-agriculture and national
security--and his successor will have much to do to match Everett's
influence.
What I have always admired about Terry Everett is the fact that he is
the rare civic leader who comes to politics as a mid-life career.
Everett ran a newspaper in the Wiregrass and learned from that how to
run a business and how to measure community sentiment. His path is not
the conventional route in an institution full of strivers who
fantasized their Congressional career in grade school. But if you know
Terry Everett, his path leaves him a happier, more decent man than a
sizable chunk of his colleagues who stress about the offices they never
held and the publicity they never received.
I remember Everett's election in 1992 well because I lived in his
district when I was home from law school. He was not his party's early
favorite in the primary. Nor was he given good odds in the general: his
opponent was none other than the son of Alabama's political prodigy
George Wallace. But odds don't determine elections and Everett managed
to beat a lot of money and establishment clout on the other side. To
his credit, he never saw another tough race.
I think the way Everett won made him a little freer to be his own
man. I never sensed he took a path for the sole reason that his party
took it, or because he thought an opinion would elevate him with his
party leaders. I sensed that Terry Everett always felt that he knew his
district and his people better than Washington could ever know them. He
is a tried and true conservative--most of his voters wouldn't have it
any other way--but his roots shaped his conservatism in a good way. It
is the conservatism of someone who has seen certain values thrive in
his own life and believes that they will work for others. I respect
that, and agreed with him more times than a few.
I wish we had more citizen politicians like Terry Everett, and I wish
him well.
In addition, I congratulate Congressman Bud Cramer on eighteen years
of service to the 5th District of Alabama. Mr. Cramer is the latest
descendant in a long line of North Alabama Democrats who have served
their district's interests well while garnering significant national
clout, and Alabama will miss him.
When I think of Bud Cramer, I am reminded of a sage-sounding
prediction by a longtime Southern political observer. In the aftermath
of Newt Gingrich's ``revolution'' in 1994, this individual was
predicting that the John Sparkman/Tom Bevill model was becoming
obsolete due to the increased partisanship and ideological polarization
in states like Alabama. His premise was that conservative Democrats
were imperiled because of their party label: Cramer's exceedingly
narrow victory in 1994 was even cited as an example of the uncertain
status of ``blue dogs'' like Cramer.
His district should be thankful that Bud Cramer disproved this
prophecy by winning again in 1996, and then by becoming unassailable.
He has not faced meaningful opposition in the last twelve years, even
though every Republican presidential candidate has won the 5th District
easily. The ultimate testament to his popularity: in a hotly contested
race to succeed him, both the Democratic and Republican nominees are
promising to ``be another Bud Cramer.''
Cramer leaves North Alabama's economy stronger than he found it. The
missile research program in Huntsville is now one of the largest, most
vital components of the US military budget, partly because of Cramer--
his skilled support has helped sustain missile defense against a
variety of political foes. He has also nurtured a series of economic
development projects in a region that has wide pockets of unemployment;
one of the last projects he worked on creates a new opportunity zone in
Colbert County, which will lead to at least one major new industry
locating there.
In Washington, Cramer's legacy is his thoughtful leadership on
national security issues. Cramer's influence actually rose as the
Intelligence Committee on which he served grew more partisan--the
congressman's refusal to either rubber stamp or reflexively oppose the
Administration's agenda underscored the value of more moderate voices.
I wish Bud well. He's earned the right to weeks that don't begin with
the 7 a.m., Monday morning direct flight from Huntsville to Washington.
I would also like to submit the following articles from the
Huntsville Times for the Record.
[From the Huntsville Times, July 27, 2008]
BRAC Success a Result of Team Approach, Says Cramer
As U.S. Rep. Bud Cramer reflects on retiring after nine
terms in Washington, he says his proudest achievement has
been his team approach to getting the job done.
[[Page 21164]]
``Whenever we saw what needed to be accomplished, we
planned and then worked as a team to reach the goal, from
regional economics to the Space Station,'' Cramer says. ``The
team approach applies to each success. I was a team member
and leader in identifying what we needed to do to help
ourselves.''
Cramer's approach was no more apparent than when he worked
on presenting the area for the U.S. Army's plan to
consolidate commands or base realignment, better known as the
Base Realignment and Closure Commission (BRAC). When BRAC
emerged, the congressman says he immediately recognized he
had to be in the forefront of this plan. In 1994-95, he
proactively gained jobs and then prepared for the next BRAC
round for more jobs. He worked in unison with the Alabama
congressional delegation to demonstrate to the Army what
Redstone's capabilities are.
``It meant understanding the issues,'' Cramer says. By
serving on the House Appropriations Committee and teaming
with with Republican Sen. Richard Shelby, Democrat Cramer
says the pair got money to modernize Army facilities in
Huntsville to make them more efficient and appealing as a
workplace. Redstone impressed the Army and the Pentagon, and
won the ``mother of all BRAC rounds'' and thousands of jobs
for Huntsville. It was teamwork, he says, that paid off.
Huntsville Mayor Loretta Spencer credits Cramer for his
accomplishments with BRAC. ``When the opportunity came again
to win a favorable BRAC ruling, elected officials and
business groups from the Tennessee Valley region formed a
task force for cohesion in pooling resources,'' she says.
``However, as strong as our region's presentation was, we
could not have had the results without the support of Bud and
our congressional delegation.''
Since coming to Congress in 1990, Rep. Cramer has been a
leading advocate for missile defense.
As a member of the House Appropriations Committee, Cramer,
with Shelby and the other members of the Alabama delegation,
secured more than $211 million for the construction of the
Von Braun Complex. Cramer's District 5, which includes
Colbert, Jackson, Lauderdale, Lawrence, Limestone, Madison
counties and portions of Morgan County in North Alabama, also
includes the Army's Redstone Arsenal and NASA's Marshall
Space Flight Center in Huntsville.
In 2005, Cramer called it a ``good day for North Alabama''
when the U.S. Department of Defense (DOD) announced it would
recommend to the BRAC Commission that 3,000 jobs be relocated
to the Redstone Arsenal. Comprising this relocation were
components of U.S. Army Materiel Commands, the U.S. Army
Space and Missile Defense Command and a significant part of
the Missile Defense Agency.
Soon after, the U.S Army Security Assistance Command and
Aviation Technical Test Center were also relocated to
Redstone. It made North Alabama one of the nation's largest
gainers with BRAC.
``Today marks a proud and historic day for Redstone and for
all of us in North Alabama,'' Cramer said then. ``I am
pleased that the hard work by our community has paid off.
North Alabama presented an excellent proposal highlighting
Redstone's strengths, and the daily contributions people
working there make to our national security.''
Cramer emphasized teamwork involving BRAC committee
chairman Joe Ritch and the entire Tennessee Valley BRAC team,
spanning several years, to help bring the commands to North
Alabama.
In October 2005, Cramer announced that BRAC supporters
defeated a resolution in the House of Representatives that
would have disapproved BRAC recommendations. By law, Congress
had 45 legislative days to reject the BRAC report entirely,
or it became law.
Following the decision, Cramer discussed the move with
senior Army officials to ensure it came about.
Given today's budget environment, I wanted to make
absolutely sure that even if we encounter potential
challenges, North Alabama's gains will be completed,'' said
Cramer after the hearing.
Keith Eastin, assistant secretary of the Army for
installations and environment, confirmed to Cramer that the
DOD was legally obligated to comply with each of the 103 BRAC
recommendations by Sept. 15, 2011.
At the time Cramer said, ``BRAC is a congressionally
authorized process that the Department of Defense has used to
reorganize its base structure to more efficiently support our
forces. BRAC is critical to U.S. national security and cannot
be undermined. It balances national defense priorities,
supports our military modernization objectives and creates
opportunities for private economic development.''
____
[From the Huntsville Times, July 27, 2008]
Economic Development Has ``No Barriers'' in Cramer's View
When U.S. Rep. Bud Cramer was first elected to Congress in
1990, he recognized a need to take a regional economic
approach for North Alabama, and it has paid off with hundreds
of new jobs.
``In the early years, I saw the district's need for a
regional economic development agenda,'' Cramer says. Issues
like countering unemployment or building an airport were
identified, and he went to work. With this agenda, he was
``committed to tell our story better by working with
necessary parties like the Alabama Development Office and
other North Alabama economic development professionals.''
As a member of the House Appropriations Committee, he also
set out to provide the resources to help make North Alabama
conducive to, and attractive for, economic development. His
efforts manifested in securing funding for transportation and
infrastructure development, including water and sewer
projects. He also got money for workforce training
initiatives across North Alabama, which earned him
recognition for systematically setting the stage to invite
growth in the Fifth District and surrounding areas.
In the years that followed, the successes have included
U.S. Gypsum, Toyota's $20 million production expansion at its
Huntsville plant, National Rail Car, North American Lighting,
Steelcase, the Boeing rocket plant in Decatur and the
HudsonAlpha Institute for Biotechnology.
At the Toyota announcement in 2003, Cramer reinforced his
goal of telling Alabama's story.
``They have discovered what a good area North Alabama is to
do business, and this expansion is great news for both Toyota
and the people of North Alabama,'' he told the crowd about a
project that brought 350 to 500 new jobs. ``We need these new
good jobs, and I'm proud to stand here with Toyota today to
make this announcement.''
From the start, Cramer says he sought to represent Alabama
as a ``can-do state'' and to tell its story better, but he
also recognized regional economic growth would require
teamwork throughout his nine terms in Congress.
By fortifying the state's image, infrastructure and
teamwork on all levels, Alabama became more competitive and
more attractive to prospects.
HudsonAlpha President Jim Hudson praised Cramer's energy
and devotion to bringing about development.
``When HudsonAlpha was in its very formative stages,
Congressman Cramer took the initiative,'' Hudson says. ``In
order to understand the potential of biotechnology in North
Alabama, he traveled to leading biotechnology centers in
Arizona and New York. Convinced that biotechnology would be
an ideal engine of economic growth and human progress,
Congressman Cramer became a tireless advocate. His role in
the founding of HudsonAlpha was critical. Congressman
Cramer's willingness to work hard, to listen to all sides, to
investigate the issues and to build the key relationships
needed have enhanced the quality of life for everyone in
North Alabama.''
In 2005 Cramer joined Hudson and Alabama Gov. Bob Riley to
announce the creation of the HudsonAlpha Institute for
Biotechnology in Huntsville. Cramer heralded a vital new
direction for Alabama, saying, ``With the creation of the
HudsonAlpha Institute, we have an opportunity to lead our
nation's biotechnology effort.''
HudsonAlpha would turn out to be a crown jewel in setting
the state on the biotech path. But Cramer has been involved
in the recruitment and expansion of many North Alabama
companies.
Just a year earlier, Cramer's regional economic approach
had paid off with U.S. Gypsum Co.'s $20 million expansion to
the building material manufacturer's Bridgeport, Ala.,
facility. Of the development, the congressman said at the
time, ``When a strong well-established company like U.S.
Gypsum decides to expand, it reaffirms the fact that Jackson
County is a great place to do business.''
The location was completed in 1999 and provided 180 jobs.
In 2005, Cramer joined several state officials in
announcing North American Lighting, a subsidiary of Tokyo-
based Koito Manufacturing Co., was going to build its $21
million, state-of-the-art manufacturing plant at the
Northwest Alabama Airport Industrial Park in Muscle Shoals.
The 200,000-square-foot facility, which is producing tail
lamps for automakers like Toyota, Nissan and Honda, created
320 jobs. Cramer commended the Shoals region for working
together on the project and attributed the success to the
area's cooperative efforts.
``All of our area's economic development leaders were
determined to do what it took to land this company, and today
is a direct result of our efforts,'' Cramer told the group.
``It is further proof that if we work together as one
community, we will be much stronger and better prepared to
promote the benefits of Northwest Alabama.''
In 2006, which would turn out to be a banner year in the
congressman's regional economic development efforts, he
joined Gov. Bob Riley in breaking ground for the North
American Lighting plant, and again hailed regional
cooperation for winning the project.
``The successful recruitment of North American Lighting was
the culmination of a partnership within the entire Shoals
area,'' he said. ``The county and municipal leaders here
clearly showed that they no longer view the Tennessee River
or city and county lines as barriers to economic progress,
and they fully understand that a new facility anywhere in
this region will reap economic benefits for the entire area.
All of them should be commended for their leadership.''
[[Page 21165]]
Cramer, as a member of the Appropriations Committee,
secured $600,000 in 2006 to help install water and wastewater
infrastructure at the Muscle Shoals Industrial Park.
Again in 2006, Cramer in his annual economic recruitment
trip with the North Alabama Industrial Development
Association (NAIDA) to Chicago, Ill., promoted Alabama's
capabilities and strengths to biotech leaders in an effort to
expand its biotech base, showcasing HudsonAlpha as the
state's opportunity to lead the nation's biotech efforts.
Cramer also led an economic development trip to New York
City, again with NAIDA and area development officials,
reinforcing their ``economic development team'' in recruiting
new industry and maintaining relationships with existing
businesses. He also reinforced a central theme to his
economic development success. ``Each year, this trip sends a
strong message to business leaders and site consultants that
our region is united and committed to doing what it takes to
bring new industry to North Alabama.''
At an economic development summit held by Cramer and U.S.
Rep. Lincoln Davis (D-Tenn.) with business and government
leaders in North Alabama and Southern Tennessee, both
congressmen strongly emphasized the value of regional efforts
to grow and recruit business in areas on both sides of the
Alabama-Tennessee border.
Collectively, their districts include Arnold Engineering
Development Center, the Marshall Space Flight Center,
Redstone Arsenal, automobile assembly and supplier plants,
and many other manufacturing facilities and small businesses.
Also, as a result, many individuals in both Alabama and
Tennessee have chosen to live in one state and work in
another. The Base Realignment and Closure Commission (BRAC)
recommendations were discussed, in which 4,700 jobs were
directed to the Redstone Arsenal.
Cramer and Davis also met with officials throughout the
Tennessee Valley to learn more about how both communities
could further compliment each other.
``This team effort made all the difference in the world,''
Cramer says of his industrial recruitment efforts in his nine
terms in Congress. It took many meetings to generate
consensus among the counties and a new view on how to get it
done. ``I worked without barriers, without county lines.''
Mr. BONNER. Mr. Speaker, I rise today to honor my friend, Congressman
Terry Everett, for his extraordinary service to the people of Alabama
and the United States House of Representatives. Terry Everett has
represented the 2nd Congressional District of the state of Alabama with
distinction and honor for the past 16 years.
Born in Dothan and raised in Midland City, Terry joined the U.S. Air
Force following high school. He learned Russian and served as an
intelligence analyst in Europe. After his military service, Terry
returned to Dothan and entered the field of journalism. He worked as a
sports reporter and covered the police beat for the Dothan Eagle. In
his nearly 30 years in the newspaper business, Terry wore many hats--
from reporter, to editor and publisher, to eventual owner of five small
papers in southwest Alabama.
Terry sold his newspapers in the late 1980s and used the profits to
start his own construction business, a business which also found great
success. When Congressman Bill Dickinson announced his retirement in
1992 after 28 years of service, Terry, due in large part to his love
for country, chose to run for Congress.
Using the slogan, ``Send a message not a politician!'' the people of
Alabama's 2nd Congressional District elected Terry to Congress. He has
been their voice in this body for eight terms and become one of the
most respected congressmen on Capitol Hill.
Terry is perhaps best known as an ardent supporter of military
modernization initiatives as well as his work to protect America's
space-based technology. As the first chairman, and current ranking
member, of the House Armed Services Subcommittee on Strategic Forces,
Terry has worked tirelessly to bring major defense industry to Alabama.
This post has also enabled Terry to watch over the needs at
Montgomery's Maxwell-Gunter Air Force base, home of Air University, and
Fort Rucker, home of the Army's Aviation Warfighting Center. Terry has
also led the debate on protecting our nation's valuable space assets--
assets on which our national defense depends.
Mr. Speaker, agriculture remains Alabama's number one industry, and
Terry, a former peanut farmer, has been a champion for farmers. As the
second-ranking Republican on the House Agriculture Committee, Terry has
sponsored a vast array of agricultural programs and legislation that
has helped ensure the stability of Alabama farmers.
Following the September 11th terrorists attacks on our nation, the
central front in the war against terrorism became our ability to
accurately gather, process, and understand intelligence. After careful
consideration of many other qualified individuals, House Speaker Dennis
J. Hastert appointed Terry to the House Permanent Select Committee on
Intelligence in January 2002. Accurately describing his work in this
capacity, Terry was once quoted as saying ``some of the most important
work I've done I can't talk about because it was on the Intelligence
Committee.''
Terry has received numerous awards and honors throughout his career.
While a local newspaper publisher, the Association of the U.S. Army at
Fort Rucker twice nominated him for ``Army Civilian of the Year.''
Terry served as president and chairman of the board of the Alabama
Press Association and chairman of the board of directors of the former
Dothan Federal Savings Bank.
Mr. Speaker, I ask my colleagues to join me in recognizing a
dedicated leader and friend to many in this body. I know his family--
his wife, Barbara--as well as his many friends and colleagues join me
in praising his accomplishments and extending thanks for his service
over the years on behalf of the state of Alabama and the United States
of America.
Terry will surely enjoy the well-deserved time he now has to spend
with Barbara and his beloved constituents. I wish him the best of luck
in all his future endeavors.
Mr. ROGERS of Kentucky. Mr. Speaker, I rise today to honor my good
friend Terry Everett, whom I have had the distinct pleasure of serving
with in this House for nearly 2 decades. After 16 years of diligently
representing the people of the second district of Alabama, he will be
retiring when the 110th Congress adjourns. I want to take this
opportunity to wish him well and thank him for his friendship and
dedication to the American people.
Terry is a man who knows the meaning of hard work. His father was a
sharecropper and worked on the railroad, instilling a strong work ethic
with Terry and his siblings at an early age. Terry never forgot those
lessons, and served his country with honor as an Air Force intelligence
specialist in Europe before returning home to Dothan, Alabama, in 1959.
He joined the staff of the Dothan Eagle as a beat reporter, and for 30
years climbed the corporate ladder with determination, working his way
up to editor and publisher, and finally as the owner of his own
newspaper chain. He has brought the same dedication and work-horse
attitude to the House of Representatives.
In his service in the House, Terry has devoted himself to ensuring
that the United States remains safe and secure for our children and
grandchildren from the growing threat of international terrorists and
rogue states. As a member of the House Armed Services Committee, he has
led the way for the United States to be on the cutting edge of military
technology by pressing for advances in our Missile Defense System and
in space technology, which is vital not only to our security at home,
but also for our brave soldiers serving on the battlefields of Iraq and
Afghanistan. His efforts have helped keep our Nation safe and strong in
a time when threats to our security are quickly changing and adapting.
Mr. Speaker, it has been an honor to have served with Terry Everett
in this great body. I want to wish him and his family well as he
embarks on the next chapter of his life. I know the people of Alabama,
like me, are proud to know him.
Mr. BONNER. Mr. Speaker, I rise today to honor the outstanding career
of my friend, the Honorable Robert ``Bud'' Cramer, for his service to
the people of Alabama and the United States House of Representatives.
Congressman Cramer has represented the 5th Congressional District of
the State of Alabama for the past 17 years ably and with distinction.
Born and raised in Huntsville, Alabama, Bud earned a bachelor's
degree and a Juris Doctor from the University of Alabama. Bud is also a
military veteran, where he served our country as an Army tank officer
at Fort Knox, Kentucky.
Of all of his many achievements, Bud's work on behalf of abused
children is perhaps his greatest legacy. Before his election to
Congress, Bud served for 10 years as Madison County district attorney.
It was during this time that Bud founded the National Children's
Advocacy Center. The Center provides complete services and support for
abused children, a fundamentally different approach to these types of
cases, and now serves as the national model for over 600 programs in 50
States and the District of Columbia.
Following his election to Congress, Bud continued to be a leading
voice for children. He authored the landmark law, the National
Children's Advocacy Program Act, which provided funds to expand and
enhance the children's advocacy program into new communities. He is
also a member of the Advisory Board for the National Center for Missing
and Exploited Children.
[[Page 21166]]
As a member of the House Appropriations Committee and the powerful
Defense Appropriations Subcommittee, Bud has been an ardent supporter
of NASA and missile defense. With Redstone arsenal and NASA's Marshall
Space Flight Center both located in the 5th District, Bud has led the
fight for many of NASA's programs including the international space
station. In 2002, Bud was awarded the National Space Club's Von Braun
Memorial Award for Space Exploration.
Bud has also overseen defense and national security intelligence
issues as a member of the House Permanent Select Committee on
Intelligence. He was recently appointed to the newly created Select
Intelligence Oversight Panel of the Appropriations Committee.
In Congress, Bud is perhaps most known for his independence. He is a
founding member of the Blue Dogs, a coalition of more than 40
conservative House Democrats.
Bud has also worked hard to bring jobs to north Alabama. In fact, he
has played a key role in bringing thousands of jobs to Alabama's 5th
District, most notably, International Truck & Engine, Skyhook, Target,
HiSan, West Teleservices, and Toyota as well as helping persuade Boeing
to build a $450 million rocket booster plant in Decatur in the 1990s.
Bud was instrumental in the decision to restart Browns Ferry Nuclear
Plant Unit 1.
Make no mistake; his work has not gone unnoticed. He was named ``one
of America's best Congressmen,'' by Money Magazine.
Mr. Speaker, I ask my colleagues to join me in recognizing a devoted
leader and friend to many in this body. I know his family, his
daughter, Hollan; his three grandchildren, Dylan, Mason, and Patricia;
and his many colleagues and friends join me in commending his
accomplishments and extending thanks for his service over the years on
behalf of the State of Alabama and the United States of America.
Bud will surely enjoy the well deserved time he now has to spend with
his family and his beloved constituents. I wish him the best of luck in
all his future endeavors.
Mr. ROGERS of Alabama. Mr. Speaker, I respectfully request to include
the accompanying article in the Congressional Record to supplement my
remarks which were entered during the Special Order in honor of two
Members of the Alabama delegation who are retiring.
[From the Dothan Magazine, March/April 2008]
Man of the House--Congressman Terry Everett, Dothan's voice in the US.
House of Representatives, Earned Respect from all Sides as an Honorable
Legislator During his Sixteen years in Washington, DC. Now He's Coming
Home
(By Ann Varnum)
Congressman Terry Everett recently shared a laugh with the
audience at a luncheon for the Dothan Area Chamber of
Commerce. Back in 1992 when he started his campaign for
Congress, the polls indicated that he only had four-percent
name recognition throughout Southeast Alabama. That fact was
made no less comforting by his lovely wife, Barbara, who was
quick to point out that the poll had a plus or minus accuracy
rating of four percent, so Terry's true name recognition
actually fell within the margin of error.
Of course, that was sixteen years ago, and all of that has
radically changed. Terry Everett has become one of the most
respected congressmen on Capitol Hill. One of the reasons for
this is his innate ability to reach across the aisle and make
friends even though the opposite side most certainly had
completely different viewpoints from his own. He has earned
the greatest respect from Republicans and Democrats alike.
During his almost sixteen years in Congress to date,
Representative Everett has been known as an honest legislator
and true gentleman. Reading through transcripts of the House
Armed Services Subcommittee on Strategic Forces hearing from
May of 2007, it is quite evident how much Congressman Everett
is respected by his colleagues.
California Democrat Representative Ellen Tauscher, the
chairwoman of the subcommittee, opened the legislative
hearing by referring to Everett's prior service: ``I'd like
to begin by saying it has been an absolute pleasure crafting
this mark with my friend, Mr. Everett . . . He has been both
cooperative and straightforward. Thank you very sincerely,
Mr. Everett.''
In 2001, when Representative Joseph Moakley, a Democrat
from Massachusetts, died, a special memorial was held in the
House Chambers. Democrat Representative Richard Neal, also
from Massachusetts, remarked that Moakley was ``. . . an old
school Democrat. But do you know who he liked to have dinner
with? This is going to kill them in Alabama when they find
this out, the voters down there--Sonny Callahan, Terry
Everett--that was the group he assembled with after hours. He
enjoyed their company socially and loved their stories about
Alabama and how they had come to Washington.''
There is no doubt that Everett had a gift of making friends
out of even total political opponents. He never wavered from
his ideals and conservative viewpoint, but it never
interfered with making friends.
Perhaps his outstanding record in Congress had been forged
earlier by the many roles Everett played in other areas of
achievement before launching his political career.
Terry Everett was born February 15, 1937, in Dothan but
grew up in Midland City. After high school, Terry served in
the U.S. Air Force as an intelligence analyst in Europe in
1955. After serving his country in the military, Everett
returned to Dothan in 1959 to embark on the career that would
dominate more than half of his life--journalism.
He began as a farm and police beat reporter and sports
writer for The Dothan Eagle. He would later achieve success
as editor, publisher and finally owner of a chain of hometown
newspapers, which he sold in the late 1980's. Terry Everett's
first elected position was not in public office, but rather
as President and Chairman of the Board of the Alabama Press
Association. While a local newspaper publisher, the
Association of the U.S. Army (AUSA) at Fort Rucker twice
nominated him for ``Army Civilian of the Year.'' Yet many
would say the greatest milestone was not related to
journalism or politics.
On December 16, 1965, Terry Everett's life was about to
take on a brand new dimension. A mutual friend, Jeanette
Comstock, introduced Terry to a bright, energetic young woman
named Barbara.
After the couple started dating, Barbara and her parents
were surprised to learn that Terry had decided to leave his
job at The Dothan Eagle and start his own newspaper business.
Convinced he was making a huge mistake, Barbara admits that
she was a little upset about his plans. ``At that time,'' she
says, ``I didn't know Terry well enough to know that when he
said he was going to do something, he already knew how he
would do it.'' On October 18, 1969, the Everetts were married
at Cloverdale Baptist Church in Dothan.
``Over the years, Terry has shocked me with several other
total-change-of-life declarations, and for some reason, it
has always been a surprise to me. I, at least, eventually
learned to expect that he would be successful. He started the
newspaper and I worked beside him, learning the newspaper
business from scratch. During the long hours of work, I
learned to trust, respect and eventually love this shy man of
few words,'' says Barbara.
The two continued to work side by side until there was
another event that again radically changed the direction of
their lives.
Barbara explains, ``One evening in early 1992, Terry and I
were watching the six o'clock news when Congressman Bill
Dickinson made the announcement that after holding Alabama's
Second Congressional District seat in the U.S. House of
Representatives for twenty-eight years, he was retiring.
Afterwards, Terry turned the television off and looked at me
and said, ``I am going to run for Congress.'' Although I knew
Terry was very knowledgeable about government, the history of
politics, and current events from his years of newspaper
experience, I had never heard him say he had any desire to
run for office himself. Unfortunately, my first comment was,
`Who will vote for you?'
Since both Terry and Barbara really were committed, first
to each other, and second, to a deep love for our country,
the first ``Everett for Congress'' campaign was begun.
Terry's first political slogan was ``Send a message not a
politician!'' Barbara believes it is still what he believes
after all these years. It was late in the evening when
Everett answered a phone call telling him all the votes were
in and counted. Terry Everett was declared the new
Congressman for Congressional District Two.
Both Everetts admit that there are challenges and rewards
every day for people involved in holding a public office.
Barbara says with all the peaks and valleys, the rewards far
outweigh the difficulties. Having the support of people from
southeast Alabama who say they love and respect Terry Everett
and that they are praying for him every day is truly
appreciated.
In early 2000, Barbara was diagnosed with breast cancer.
Because Terry wanted to be with her during her treatment, the
couple decided to have her surgery at Johns Hopkins in
Baltimore, Maryland, which was only forty-five minutes away
from the Everett's home in Washington. In March of 2000,
while undergoing all of her procedures, hundreds of cards,
phone calls, letters and gifts poured in to support
Congressman and Mrs. Everett. One obvious fact was that so
much of the concern was expressed from the liberal side of
the political spectrum, showing the positive impact the
Everett's had on their colleagues in Congress.
When asked about her life with Terry Everett, Barbara
confides, ``From the day we met until today I don't think
Terry has changed one bit. If he tells you something, he will
keep his word. If you believe in something, he respects you
for it whether he agrees or not. He is the personification of
a true public servant and statesman. I hope that, more than
anything else, this will be the legacy for which he will be
remembered.''
[[Page 21167]]
Four years ago this August, Terry Everett had a bad case of
shingles. Because of this, the nerves in his foot have been
severely damaged so that he has suffered difficulty in
walking. Even though Everett admits he is in good health,
traveling back and forth from D.C. is becoming more difficult
for him since he has the problem with walking. After
discussing it with his wife, Barbara, and his chief of staff
Wade Heck, Everett made the decision not to seek re-election
after his present term is completed.
Mrs. Everett insists that she did not persuade her husband
one way or the other in his decision. She adds, ``The last
sixteen years have literally been a journey of joy, and we
are so honored and humbled to have been given this
opportunity. But Terry is wise enough to know that life is
made up of change and the time has come for our lives to
change once again on a new journey. I can't wait to see what
comes next. The only thing I can say with certainty is life
with Terry has never been boring.''
The Everetts have lived in a beautiful new Southern farm
home on 400 acres of farmland near Rehobeth since 2001.
According to Barbara, there are still so many things that
need to be done around the house. Now, maybe they will have
more time to actually do all their special projects. Barbara
Everett herself stays busy working as Chairman of Governor
Bob Riley's Task Force to Strengthen Alabama Families. It has
the goal of restructuring the present Health and Human
Service System in Alabama in order to do the best possible
job of providing real help to Alabama's families.
Joe Williams, Congressman Everett's staff member in the
Dothan office, says, ``Mrs. Everett is the Congressman's best
kept secret, though her dedicated work on so many community
issues over the years is hardly a secret anymore. Not only is
Mrs. Everett a capable leader in many causes, but she is
driven by a passion for those initiatives.''
Both of the Everetts have genuine compassion, strength of
character, willingness to give of themselves in the service
of others and the ability to get things done in a timely
fashion. For all of that, Alabama's citizens of District Two
will be forever grateful.
Here are some of Congressman Everett's key accomplishments
in office:
First Chairman of the House Armed Services Subcommittee on
Strategic Forces (currently the Ranking Republican member)
Authored the current federal peanut title in 2002 Farm Bill
Secured $250 million for new Fort Rucker construction since
1993, including the landmark new Soldier Service Center,
Soldier Barracks, Post Headquarters, Base Family Housing
Renovation, and Warrior Hall Flight Simulator Facility
Advocated Creation of Unmanned Aerial Vehicle (UAV) Center
of Excellence at Ft. Rucker and the funding for the U.S. Army
Flight School XXI
Secured over $40 million since 1993 for Dothan I-10
Connector project
Secured $2.5 million in 2001 to modernize Dothan Regional
Airport runway, taxiway, remove old terminal
Secured $202,000 in federal funds in 2003 for Multi-Purpose
Arena at National Peanut Festival Fairgrounds
Secured $19.2 million in federal funding to rebuild the
Elba and Geneva levees
Secured ``Free Trade Zone'' designations to reduce import-
export costs for Dothan industrial areas, including the Sony
plant.
Mr. BONNER. Mr. Speaker, I respectfully request to include the
accompanying article in the Congressional Record to supplement my
remarks which were entered during the Special Order in honor of two
Members of the Alabama Delegation who are retiring.
[From The Montgomery Advertiser, August 5, 2008]
Congressman Garners Praise for Local Support
(By Cosby Woodruff)
Congressman Terry Everett's support for Maxwell Air Force
Base during his 16 years in Washington is one reason the
River Region benefits from the base's $1.6 billion annual
impact, said the head of the Montgomery Area Chamber of
Commerce.
Chamber President Randy George said Everett's impact on the
area goes far beyond Maxwell, but any discussion of the
congressman's legacy must start with the military.
``You can't take that away from him,'' George said. ``He
has been a major player on Maxwell.''
George said Maxwell is one of Montgomery's biggest economic
engines, but the base contributes to the region in ways that
can't be measured in dollars and cents.
``The societal impact to our area is at least as
important,'' George said. ``It makes us cosmopolitan.''
Everett, who is retiring after eight terms in Congress,
spoke to the chamber for the last time as a congressman
Monday at its Eggs & Issues breakfast series.
His speech focused more on national politics than on local
economics, but he did say sectors of Alabama's economy are
poised for growth--and he pointed to the space industry as
one area that could have an impact in years to come.
``We have never had a national discussion about what space
means to our economy,'' he said. ``Space is a $19 billion
global industry growing at 22 percent a year.''
He suggested the industry's impact on Alabama is limited
only by the workers the state can supply.
``We need more young people interested in space,
engineering and math,'' he said.
George pointed out Everett's contributions to the area that
go beyond his commitment to the military.
``Downtown, he helped us get the money,'' George said, of
the construction boom and renovations going on in Montgomery.
``Much of that money came from federal grants that he has
been very supportive of. He has been an advocate for the
expansion of the airport.''
Everett said he has supported the state's agriculture
industry, what he called its biggest economic factor, in
Congress.
He said he made sure those interests were protected in the
recent farm bill.
George said the congressman has been a friend to the
chamber and area businesses.
``Terry has been very responsive to the business
community,'' he said. ``We think he has done a great job.''
Mr. SKELTON. Mr. Speaker, let me take this means to add my tribute to
two fine Alabama Congressmen, Bud Cramer and Terry Everett. Through the
years, I have had the pleasure of working with these outstanding
lawmakers. They have been friends to me both personally and
professionally. They have exhibited the best of this institution--
looking after the interests of the people they represent and ensuring
our Nation has a strong economy, strong foreign policy, and strong
national security.
They, like I, represent rural areas of our country. There are few of
us serving in Congress who have the privilege of representing
predominantly small town America, Typically, we rural Congressmen and
women bond together on rural matters, working across party lines to
ensure the interests of rural America are best represented in the laws
we make in Washington. Both Bud and Terry have worked on behalf of
rural people, not only in Alabama but across our country.
Bud and Terry have also worked for a strong national defense. I have
worked with Terry on the Armed Services Committee, and I have always
been honored by his commitment to our men and women in uniform. Bud,
too, has been a stalwart supporter of our troops and of the NASA
community in Northern Alabama.
While I am sad to see Bud and Terry leave the House, the institution
has been strengthened by their service. I hope they enjoy the next
chapter in their lives.
Mr. GORDON of Tennessee. Mr. Speaker, as I was thinking about what to
say about my good friend Bud Cramer, it occurred to me that the many
things I could say would soon be forgotten.
But what I will remember is his friendship and the experiences we
shared together.
A former constituent of mine, Johnny Cash, summed it up best in when
he sang ``Jim Wore a Tie Today.'' The lyrics of the song follow:
``Jim, I did everything that I could,
But your fever just wouldn't die down,
So I tied your horse to the wagon bed,
And last night I brought you to town.
``But when I got there you were gone Jim,
And there was nothin' nobody could do,
I bought you a suit and a tie Jim,
And today I wore one too.
``Jim I wore a tie today,
The first one that I ever wore,
And you'd have said I looked like a dummy,
Out of a dry goods store.
``Jim they said a lot of things,
But I don't know a thing they said,
My mind kept wanderin' off down the trail,
Back to the times that we've had.
``And for gold on the cuff,
We've done everything in the book I guess,
And a lot they'd never thought up.
``Well Jim, you're ridin' on ahead,
I guess that's how it has be,
But when you reach those streets paved with gold Jim,
Stake a claim out for me . . .''
Mr. REYES. Mr. Speaker, I rise today to pay tribute to my friend and
colleague Congressman Bud Cramer, who is retiring from Congress after
spending the past 18 years representing the Fifth District of Alabama.
I have had the immense privilege of serving with Bud on the
Appropriations Select Intelligence Oversight Panel and on the
Intelligence Committee, where he acts as the Chairman of the Oversight
and Investigations Subcommittee. Bud has demonstrated true leadership
in his role as Chairman and has created a legacy that will outlast us
all. He has pursued all oversight matters vigorously, always in a
bipartisan fashion and always in the interest of national security. His
input has been thoughtful, even-handed, and precise. And I can say that
I have always appreciated his well-timed sense of humor, which often
lightens the load when we all start to take ourselves too seriously. In
short, Bud has set an
[[Page 21168]]
amazingly high standard on the Committee, and I will miss him greatly.
Bud never does anything half-heartedly, and I would like to tell the
people in North Alabama that it's going to be difficult to replace him.
A true son of Alabama, Bud has been a relentless champion of the
Marshall Space Flight Center and Redstone Arsenal. He guided a
community through the base realignment and closure process twice and
has been a vocal advocate for North Alabama's growing defense and
aerospace industries. In fact, Bud's leadership and efforts are
responsible for bringing jobs and further economic development to his
district.
Finally, I would do Bud a great disservice if I failed to mention his
big heart and his work on behalf of abused and neglected children.
During his tenure as the Madison County District Attorney, he
endeavored to create a cooperative relationship between the social
service and criminal justice systems and an effective, secure
environment for children who were suffering. Bud's initiative has
developed into Huntsville's National Children's Advocacy Center, a
nationally-renowned child advocacy group that trains communities to
successfully and compassionately integrate the services essential to
child abuse victims.
I wish Bud all the best as he moves from one remarkable phase of his
life to another. I am grateful to have had the opportunity to serve
with such a committed, passionate, and just man. His presence and
leadership will be greatly missed by the House and on the Committee.
Thank you for your service, Bud.
Mr. RAHALL. Mr. Speaker, I rise today to recognize two of my fellow
colleagues from the great state of Alabama, Congressman Bud Cramer and
Congressman Terry Everett, who are set to retire at the end of the
110th Congress. Both of these Members have a passion for and deep
respect for serving the American people that led them to serve the
constituents of the 5th and the 2nd Congressional Districts,
respectively.
Bud Cramer has served the people of the 5th District of Alabama in
the U.S. House of Representatives since 1991, where he faithfully
served on the House Appropriations Committee and the House Permanent
Select Committee on Intelligence. Terry Everett came to the House of
Representatives 16 years ago and ever since he has spent his time
helping the people of the 2nd Congressional District and serving on the
Agriculture Committee, the Permanent Select Committee on Intelligence
and as Ranking Member on the House Armed Services Committee.
As military veterans, they have both answered the call to serve their
country time and again, and I know that as they start this new chapter
in their lives, they will continue to find new ways to serve their
community.
Although it seems that we as a Congress can't find ourselves in
agreement on many things, one thing that is beyond dispute is that both
Congressmen Cramer and Everett have embodied the ideal of civil
servants who tirelessly have served the interests of the American
People.
Mr. BOYD of Florida. Mr. Speaker, I would like to congratulate
Congressman Bud Cramer on his many years of service to our Nation and
to the people of Alabama's Fifth District.
Since I first came to Congress in 1997, Bud has been a respected
colleague, a good friend, and a personal mentor. Over the years, I
often have looked to him for guidance on different issues before
Congress, and he has always given me wise and thoughtful advice. Bud's
work on the Defense Subcommittee of the House Appropriations Committee
has served as a model for me. I have seen firsthand his ability to work
across the aisle to advance good policy to the benefit of our national
defense efforts, our military community, and the American people.
As a founding member of the Blue Dog Coalition, Bud has dedicated his
time in Congress to being a good steward of taxpayer dollars and
creating a more fiscally responsible government. The Blue Dogs have
been able to grow and continue our message of fiscal responsibility
because of the groundwork that Bud and other founding members laid over
13 years ago.
Bud, as your friend and colleague, I will truly miss your leadership
in Congress. I wish you the best of luck in all of your future
endeavors and hope you enjoy your much deserved retirement.
Mr. BACHUS. Mr. Speaker, the people of Alabama will be losing two
outstanding public servants at the end of this session with the
retirements of Congressman Bud Cramer and Congressman Terry Everett.
During the time that I have served in the House, I have been honored
to call them both colleagues and friends. They have served the
constituents in their own districts extraordinarily well, and have been
a key part of securing the reputation of the Alabama delegation as a
group that works together on a bipartisan basis for the good of our
State.
Congressman Cramer has had a long and distinguished record of
service. One great legacy is his stalwart support of our space and
missile defense programs. Whenever questions on those programs came up
in the House, we looked to Bud Cramer for his knowledge and guidance.
As a result of his efforts, facilities in the Fifth District like
NASA's Marshall Space Flight Center, the U.S. Army Aviation and Missile
Command, and the Redstone Arsenal have become not just important
employers in Alabama but true national assets.
We admire and respect Bud Cramer for another reason: his great
compassion for children and deep concern about the tragedy of child
abuse. Each year, the National Children's Advocacy Center in Huntsville
that he founded teaches thousands of people how to recognize and help
at-risk children.
For years, it has been my pleasure to work with Congressman Terry
Everett of the Second District. He has always been the type of
representative who makes this House work. He holds firm to his
principles, but works across the aisle to find solutions.
With his duties on the Armed Services and Intelligence Committees,
Congressman Everett developed a well-earned reputation for expertise in
defense and intelligence issues. Whenever my staff or I had a question
about these matters, our response was: ``Ask Terry what he thinks.''
His support of the excellent work being done at Fort Rucker and the
Maxwell-Gunter Air Force Base has benefited both the constituents in
his district and the people of our country by strengthening the
national defense.
All of us in the Alabama delegation have been privileged to work with
Bud Cramer and Terry Everett. While we'll no longer be congressional
colleagues, we will always remain friends. Both of these leaders, I
know, will continue to have much to share with their communities and
our State of Alabama in the years ahead.
Mr. BLUNT. Mr. Speaker, Terry came to the U.S. House of
Representatives a successful businessman and is now heading back to
Alabama as a successful congressman. No one doubts that Terry knows the
values of a hard day's work. He's been a farmer, an Air Force
specialist, a small business owner and newsman. He served the people of
Alabama's second district, stretching from Autauga down to Dothan, for
the last 16 years with that same work ethic, and they have benefited
from his service.
Terry came to Congress as an intelligence expert from his days in the
Air Force and an agriculture expert from his days on the farm--skills
he put to good use sitting on the Agriculture, Armed Services and
Select Intelligence committees.
I'm going to miss Terry when Congress reconvenes next year. The whole
House will miss his work ethic, keen insight and ability to get things
done. His retirement is a blow to those in Washington that know and
rely on him, but if anyone deserves our thanks for a job well done it
is certainly my friend and longtime colleague Terry Everett.
Mr. BOEHNER. Mr. Speaker, I rise today to honor the service of
Congressman Terry Everett, who has proudly represented ``Alabama's
Second Congressional District for eight terms. His work on the Armed
Services Committee, where he is the Ranking Republican of the
Subcommittee on Strategic Forces, has been integral to our national
security. Over the last 5 years, Mr. Everett has had oversight
responsibility for $150 billion in defense funds for our country's
missile defense, military space and our critical nuclear energy
programs. He has led efforts to make Congress and the American people
aware of our reliance on space for both military and civilian
satellites for our national defense, communications and even financial
transactions. He has been on the front lines of warning us about our
vulnerabilities and the need for constant improvement in our ability to
defend and protect ourselves.
Congressman Everett has been a tremendous friend to our Nation's
veterans, who selflessly served to protect our freedoms. Among the
honor afforded our veterans is the choice to be buried in the hallowed
ground of Arlington National Cemetery. In 1997, Mr. Everett was given
the prestigious ``Excellence in Programmatic Oversight'' by House
Republicans for investigating Arlington National Cemetery burial
waivers that were being given to people who had not served in our
military.
Mr. Everett has been a watchdog on behalf of those who have served
our Nation, holding the Veterans' Administration accountable for timely
and quality delivery of benefits
[[Page 21169]]
and health care for our veterans', including investigating concerns
about the care quality and administrative problems within the Central
Alabama Veterans Health Care System with hospitals in Montgomery and
Tuskegee, AL. Thanks to his efforts, those hospitals implemented much-
needed health care and safety improvements.
Congressman Everett has also been a friend to American farmers,
having served on the Committee on Agriculture and fought for the
interests of American agriculture, which has a $1 billion impact on the
region he represents.
Congressman Everett served as an intelligence specialist in Europe
with the Air Force, which served him well later in life when he was
appointed to the House Permanent Select Committee on Intelligence. He
also worked as a newspaper reporter, writing at first about agriculture
and public safety. He spent three decades in journalism, moving from
reporter to editor to publisher to the top of the top of the ladder as
owner of a chain of newspapers in the Southeast.
I thank Congressman Everett not just for his service to the people of
Alabama's Second Congressional District, but for his commitment to
ensuring the safety and protection of our Nation. He has been a
forceful voice for reform to improve the care for our veterans and has
worked hard for our farmers.
Mr. Everett's retirement is a great loss for this House. I wish him
the very best of luck as he begins the next chapter in what has been a
lifetime of service to his community and his country.
Mr. COOPER. Mr. Speaker, for 18 years, Members of Congress have had
the pleasure of working with an exemplary representative. And for 18
years, the constituents of northern Alabama have been represented by an
extraordinary man. Today, I would like to honor the service of my
friend and colleague, Bud Cramer.
Over his time here in Congress, Bud has generated a noteworthy list
of accomplishments: co-founder of the Blue Dog Coalition, one of the
strongest allies for NASA, and a tireless advocate for children,
authoring the monumental National Children's Advocacy Program Act. He
managed to balance national needs while staying true to his Huntsville
roots. Bud, your absence will be a loss not just for the Blue Dog
Coalition, not just for Congress, but for the Nation as a whole. I wish
you the best in your years to come.
Mr. BONNER. Mr. Speaker, I yield back the time to the Chair.
____________________
HONORING CONGRESSMAN JIM SAXTON
The SPEAKER pro tempore. Under the Speaker's announced policy of
January 18, 2007, the gentleman from New Jersey (Mr. LoBiondo) will
control the remainder of the hour.
Mr. LoBIONDO. I thank you, Mr. Speaker, very much.
I am here tonight to talk about one of our retiring colleagues from
New Jersey, Congressman Jim Saxton, who after 24 years in Congress is
hanging it up this year. Jim has been a colleague and a mentor of mine.
When I was first elected to Congress in 1994, I remember going
through orientation. People were asking me what it was like, and it was
like trying to get a drink of water from a fire hose. There was so much
information that it was difficult to get.
Jim Saxton said, ``Listen, I have a desk in my office. I want to make
my staff available to you, and I want you to get off on the right
foot.'' It was the beginning of a great relationship.
He has been a teacher; he has been a mentor; he has been a leader,
and he has been an individual who has been focused on generating
results. He wasn't so much interested in the rhetoric. Jim was never
one to be running to a camera, to be wanting to do that interview and
to get his face on TV or anything like that. He was interested in
finding out about the problem, in determining what the possible
solutions were and then in working for a consensus. He is known for
many things within his district and for doing a great job in
representing his constituents, but his work on the Armed Services
Committee and his leadership on Armed Services is what he is best known
for.
To talk about that a little bit, I would like to yield time to
Chairman Duncan Hunter, who is probably Jim Saxton's closest friend in
this Congress of the United States, who knows more about Jim Saxton and
who will share some of the stories with you.
Mr. HUNTER. I thank the distinguished gentleman from New Jersey for
yielding. Thanks for the privilege of being here.
We just finished talking about Terry Everett, one of the real giants
in this House, and now, to talk about Jimmy Saxton.
You know, there are a lot of ways to describe Jimmy Saxton. Jimmy
Saxton is the kind of guy you'd like to share a duck blind with because
he's such a good guy, and he's just fun to be around, and he's got a
great sense of humor.
He talks about the time--and I'll tell the story on myself--that we
went deer hunting one day. We were going to go bowhunting for deer. I
told Jimmy I'd pick him up at 5:00 in the morning, and I did pick him
up at 5:00 in the morning in my old, beat-up suburban that we called
the war wagon.
We were driving out toward this farm that I had permission for us to
hunt on. We never got anything, but we had a lot of fun out there,
watching the sun come up. We were driving out there, and I realized,
you know, when you're deer hunting, you want to get into the woods
before daylight, while it's still dark. You want to get up, and you're
blind, so you're waiting for the animals to move.
I realized we didn't have a flashlight, and so Jimmy said, ``Well,
darn it. I don't have one either.'' So he said, ``I thought you were
going to bring one.''
I was supposed to bring it, so we stopped at the first convenience
store, the second, the third, the fourth, the fifth. None of them had
it. Now, finally, at one store, just as we got next to the farm, Jimmy
said, ``I'll bet that one's got it.'' Sure enough, it did. He went in,
and he got the flashlight and the batteries.
He came out, and he said, ``Hunter, I've got the flashlight.'' He
said, ``There's only one problem.''
I said, ``What's that?''
He said, ``The sun is coming up right now.''
I said, ``I don't care. We're taking that flashlight into the woods.
We paid for it. We're going to use it.''
So Jimmy Saxton is just a fun guy. He's one of those guys who's kind
of like Terry, who always had his eyes on the national interest. You
know, this place, this city and this political system is full of
interests, and that's legitimate. Most of the interests come from our
own countrymen in our own districts and from people who have positions
on things that they feel very strongly about. A lot of them are
economic positions. A lot of them are social positions. Jimmy Saxton is
the kind of guy who can always look through all of that and see what he
called the American interest or what I call the American interest,
which is always to do the right thing and to want to do the right
thing. That's what makes this country go.
Now, Jimmy, as I said, is a hunter. He loves to hunt. I'll never
forget the time he came out to Wyoming, and we went antelope hunting
out there. Barbara Cubin, a great representative from Wyoming, had
arranged for us to come out there to do some antelope hunting, and we
did that.
After that was over, Jimmy went on a trail drive. Now, as a boy from
New Jersey, he doesn't get to go on many trail drives, but he went on a
trail drive. So I gave him his picture a couple of nights ago--and the
gentleman from New Jersey was there, Mr. LoBiondo--and it's a picture
of a bunch of cowboys on their horses, and it's entitled something like
``True Friends.'' I put on the inscription plate of that picture ``A
friend for life, Jimmy Saxton; from Duncan, Lynn--'' she's my wife--
``Duncan D.--'' he's my marine son who is now running for Congress--
``and Sam.'' He's my youngest son.
That's the way you feel about Jimmy. You work with Jimmy
professionally, but you feel about him that he's just a great, close
friend. Like Terry Everett, he has helped me down my long career of
running for and mostly losing leadership positions, every now and then
winning one.
You know, in the end, as you've gone down this competitive trail once
again, it's not all the results of these things, because we all win and
lose every day whether you're winning issues or losing
[[Page 21170]]
them or are winning elections or losing them, but it's the people you
work with along the way and the people who are your friends. Jimmy
Saxton is as true an American as those first Americans.
You know, I imagine those first Americans who fired those first shots
in the Revolutionary War who said now we've done it. We've got the
biggest, strongest country in the world coming at us--the British
empire--but they decided to take them on for freedom. I can imagine
that among those people were lots of people who had the character of
Jimmy Saxton--that of pure principle, of doing what you think is right
even though it's going to have adverse consequences and of enjoying
this great, wonderful country that God gave us called the United States
of America.
So I thank Mr. LoBiondo for ordering up this time.
{time} 2230
Terry Everett sat next to Mr. Saxton for a long time on the Armed
Services Committee. Terry and Jimmy sat side by side. I was hoping,
leaving as the ranking member, that Jimmy would take that position. And
now he is retiring. And then I was hoping that Terry would take that
position, and now he is retiring. We are losing two great, great,
bright lights, two stars in this very important leadership position
because everyone who is on the Armed Services Committee is a leader of
sorts.
I am kind of interested in what the gentleman from Alabama (Mr.
Everett) has to say about Mr. Saxton.
Mr. EVERETT. There is not a lot I can add about Jimmy, but I would
say that I announced my retirement first. If I had known Jimmy was
going to retire, I may not have retired and taken a shot at the ranking
member.
But I think one of the key things you said, Jimmy Saxton always put
the Nation first. We hear a lot of stuff. We have experts coming from
any direction with any opinion on any subject. Jimmy Saxton had that
great ability to just cut through all of the background noise and come
to the real pearl that you need to make the kind of legislative
decisions that we have to make in the House Armed Services Committee.
He was very, very good. I don't know anybody better in Congress who can
do that. I have great admiration for Jimmy.
This Congress will miss Jimmy. His steadfast hand on his subcommittee
work, of which he has had a couple now. And I, too, thought Jimmy would
end up being the next ranking member. He would have been an outstanding
person to follow an outstanding former chairman and ranking member,
Duncan Hunter. And he has a lot of same attributes, looking out for the
guys out there in the mud and walking the roads and wearing the gear in
the 110, 115 degree heat. Jimmy Saxton, like Duncan Hunter, always
looked after the soldiers, sailors, airmen and marines first. That is
one reason I have great admiration for you, Duncan, and Jimmy. I just
say God bless both of you in whatever endeavors you do in the future.
Mr. HUNTER. Well, Terry, we are probably going to come out to your
farm. You have a big house which will hold a lot of folks.
Mr. EVERETT. Well, we have a lot of deer out there and you are both
hunters. You are welcome to bring your camera any time.
Mr. HUNTER. Terry Everett said Jimmy Saxton always cared about the
soldiers, and he did, very deeply.
Interestingly, I had a lot of conversations with him about weapons
systems. Never in those conversations, and people look at this as a
place where lobbyists come in, and they lobby for things and want you
to support them because they give contributions or their things are
made in your district, I never heard Jimmy Saxton say, even in total
confidence, we need to go for this one because it is politically the
thing to do or it is good for my campaign. He would always argue the
merits and he was willing to be convinced the other way if there were
enough facts on the table.
We all visit the military bases, and we know the major bases and we
go to them. When we go into theater in Iraq or Afghanistan, you go to
the big bases and you spend a lot of time with the line troops. I was a
line troop in the 173rd and our conventional forces.
Jimmy, as chairman of the Terrorism Subcommittee, he oversaw special
operations forces. And so he spent a lot of time going to little, out-
of-the-way places and meeting with people who weren't highly visible
all of the time, but people who work in small teams and work in
dangerous and difficult places.
And kind of like the gentleman from Alabama who is one of the few
people who served at the same time on the Armed Services Committee and
the Intelligence Committee, and that is Mr. Everett, and understands
the enormous character that is required of our intelligence people,
Jimmy Saxton spent a lot of time with our Green Berets, with our Seals,
with our Rangers and special operators, and he made sure that these
people had the custom-made things that they need. That didn't always
come in the regular procurement accounts. When you are undertaking
these difficult missions, they need unusual equipment. Jimmy Saxton was
very meticulous about making sure that they had the right stuff.
That is an important job, and I hope that those who come after Jimmy
have the same attention to detail and the same concern for those guys
who need extraordinary equipment.
He is going to be missed.
Mr. LoBiondo, I have watched as we would listen to a debate, and I
will come in and sit next to you, and we will both listen to Jim
Saxton. He will share some of that great wisdom of his about issues,
and it is always straight ahead. It is always the best advice he can
give, and it is always in the best interests of our country.
Thanks for letting me come out. Since I presented Jim with his
picture of, guess what from the west, horses, I am going to retrieve
that back from his office and present it to him four or five more
times.
Thank you for yielding to me.
Mr. LoBIONDO. I thank you very much.
Picking up what Mr. Hunter said, shortly after the global war on
terror began, I believe it was my first trip into theater, Jimmy Saxton
was codel leader. And for a rather new member of the Armed Services
Committee, to understand how this all came over, Jim Saxton had a
passion for understanding where the problems were and getting results.
As Chairman Hunter indicated, he focused on special forces. I
remember we visited with some special forces folks. Jimmy, true to
form, listened very intently and found that there was a problem that
was occurring with some small items, batteries that troops in the field
had a great deal of difficulty with at the time.
I remember Jimmy talking about it and getting a lot of detail and
coming back before one of the subcommittee hearings with I believe it
was DARPA, and he explained in great detail what the problems were and
had people focusing on something that they wouldn't have focused on
only because he was there with the troops and had them in mind. Very
respectful, very bipartisan, very inclusive, and a real model for how
to get things done. And especially on Armed Services where, and I
believe everything we do here is important, but Armed Services is not
selling wheat to Bulgaria. It is about the lives of the men and women
in uniform who are volunteering and serving our Nation, and Jimmy
Saxton always had their best interests at heart.
And when it came to the State of New Jersey, we are not considered a
military State, but we have some great military bases. Jimmy Saxton
looked at the three bases. We had Fort Dix, Fort McGuire and Lakehurst
Naval Air Station, and he saw the great value in what they were doing.
But he saw an even greater value in the quality of work that they could
do if they could be combined together in a mega-base.
People sort of smiled and chuckled when they first heard about this.
And he came to Mr. Hunter about it and he convinced Duncan it was a
good idea. Jimmy, as he always did, very quietly rolled up his sleeves,
and when that last BRAC commission came out, we
[[Page 21171]]
now have a mega-base. It is good for New Jersey, but it is really good
for America. It makes sense for America. It makes sense for our men and
woman in uniform to integrate these assets into something that is much
more powerful as a whole than they were individually.
He was a great assistance to me with the 177th Fighter Wing, which is
in my district, the 2nd Congressional District. It is the premier
homeland security base in the entire Nation because of its strategic
location. When our jets are alerted and they fly combat air patrols
over Washington and New York, they are 8 minutes from the time they are
alerted to get over our Nation's capital.
We had need for military construction projects to keep this alert
facility on a solid footing. Jimmy came along with you, Chairman
Hunter, on one of those trips, and he was the kind of guy who rolled up
his sleeves. He was not just interested in his district, but what was
best for the country. He did that time and time again.
My regret is I feel I have so much more to learn from him and he was
such a great mentor and teacher. I am thinking about contacting
Webster's and making sure that when they put the word ``congressman''
in the dictionary, they put Jim Saxton's picture next to it because as
far as I am concern, he epitomizes what we should all be about,
focusing on the greater good and focusing on what is best for America
and understanding how to get results and not just produce rhetoric.
Chairman Hunter, I thank you for your years of service, and I thank
you for joining me tonight and honoring Jim Saxton.
General Leave
Mr. LoBIONDO. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on the subject of my Special Order.
The SPEAKER pro tempore (Mr. Perlmutter). Is there objection to the
request of the gentleman from New Jersey?
There was no objection.
Mr. FRELINGHUYSEN. Mr. Speaker, I rise today to honor the service of
my friend and fellow member of the New Jersey delegation,
Representative Jim Saxton. Mr. Saxton came to Congress nearly 24 years
ago and since that time has served as a tireless advocate for the
people of New Jersey's 3rd Congressional District.
He has served as a role model to members of the delegation, including
me, throughout his distinguished service. On the House Armed Services
Committee, Mr. Saxton worked to improve the quality of life for those
who serve in the military and their families on the home front, and
especially those who work with the Special Forces Command.
Mr. Saxton has been a strong supporter of military bases across the
country, especially Fort Dix and McGuire Air Force Base in New Jersey.
He will be remembered for his passionate and steadfast advocacy on
behalf of his constituents and our state.
Mr. Saxton has a tremendous record of environmental protection of New
Jersey's beaches and coastline over many years. And we have worked
closely together in passing the Highlands Conservation Act, which
protects open space and water supplies vital to the entire Northeast.
His thoughtful and deliberative style serves as an example to other
lawmakers and is a true testament to good government. Mr. Saxton has
always been known to do the ``right thing,'' which has made him an
example to his colleagues and endeared him to his constituents.
On a more personal level, Jim Saxton has been a good friend and
mentor, as he was to my predecessor, the late Dean A. Gallo. Like Dean
Gallo, I have benefited from his knowledge and wisdom, his good humor
and compassion, and I will surely miss him as a colleague.
The retirement of Congressman Jim Saxton is a loss to the people of
New Jersey and the U.S. Congress. His leadership and knowledge will be
missed. I thank him for his service and wish him the best of luck in
all his future endeavors.
Mr. LoBIONDO. Mr. Speaker, I yield back the balance of my time.
____________________
SPECIAL ORDERS GRANTED
By unanimous consent, permission to address the House, following the
legislative program and any special orders heretofore entered, was
granted to:
(The following Members (at the request of Ms. Sutton) to revise and
extend their remarks and include extraneous material:)
Ms. Sutton, for 5 minutes, today.
Mr. Spratt, for 5 minutes, today.
Mr. Inslee, for 5 minutes, today.
Ms. Woolsey, for 5 minutes, today.
Mr. Kagen, for 5 minutes, today.
Mr. DeFazio, for 5 minutes, today.
Ms. Kaptur, for 5 minutes, today.
Mr. Holt, for 5 minutes, today.
Mr. Sherman, for 5 minutes, today.
(The following Members (at the request of Ms. Foxx) to revise and
extend their remarks and include extraneous material:)
Mr. Hunter, for 5 minutes, today and September 25.
Mr. Sali, for 5 minutes, September 25.
Ms. Foxx, for 5 minutes, today and September 25.
Mr. Poe, for 5 minutes, September 25.
Mr. Jones, for 5 minutes, September 25.
Mr. Smith of New Jersey, for 5 minutes, today.
(The following Members (at their own request) to revise and extend
their remarks and include extraneous material:)
Ms. Waters, for 5 minutes, today.
Mr. Tim Murphy of Pennsylvania, for 5 minutes, today.
Mr. Pallone, for 5 minutes, today.
____________________
EXTENSION OF REMARKS
By unanimous consent, permission to revise and extend remarks was
granted to:
Mr. Filner, and to include therein extraneous material,
notwithstanding the fact that it exceeds two pages of the Record and is
estimated by the Public Printer to cost $1,974.
____________________
SENATE BILLS AND A CONCURRENT RESOLUTION REFERRED
Bills and a Concurrent Resolution of the Senate of the following
titles were taken from the Speaker's table and, under the rule,
referred as follows:
S. 1255. An act to protect Indian arts and crafts through
the improvement of applicable criminal proceedings, and for
other purposes; to the Committee on Natural Resources; in
addition to the Committee on the Judiciary for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
S. 1810. An act to amend the Public Health Service Act to
increase the provision of scientifically sound information
and support services to patients receiving a positive test
diagnosis for Down syndrome or other prenatally and
postnatally diagnosed conditions; to the Committee on Energy
and Commerce.
S. 2816. An act to provide for the appointment of the Chief
Human Capital Officer of the Department of Homeland Security
by the Secretary of Homeland Security; to the Committee on
Homeland Security.
S. 3328. An act to amend the Homeland Security Act of 2002
to provide for a one-year extension of other transaction
authority; to the Committee on Homeland Security.
S. Con. Res. 101. Concurrent resolution, honoring the
University of Nebraska at Omaha for its 100 years of
commitment to higher education; to the Committee on Education
and Labor.
____________________
ENROLLED BILLS SIGNED
Ms. Lorraine C. Miller, Clerk of the House, reported and found truly
enrolled bills of the House of the following titles, which were
thereupon signed by the Speaker:
H.R. 923. An act to provide for the investigation of
certain unsolved civil rights crimes, and for other purposes.
H.R. 1199. An act to extend the grant program for drug-
endangered children.
H.R. 3068. An act to prohibit the award of contracts to
provide guard services under the contract security guard
program of the Federal Protective Service to a business
concern that is owned, controlled, or operated by an
individual who has been convicted of a felony.
H.R. 3986. An act to amend the John F. Kennedy Center Act
to authorize appropriations for the John F. Kennedy Center
for the Performing Arts, and for other purposes.
H.R. 5834. An act to amend the North Korean Human Rights
Act of 2004 to promote respect for the fundamental human
rights of the people of North Korea, and for other purposes.
[[Page 21172]]
H.R. 6984. An act to amend title 49, United States Code, to
extend authorizations for the airport improvement program, to
amend the Internal Revenue Code of 1986 to extend the funding
and expenditure authority of the Airport and Airway Trust
Fund, and for other purposes.
H.R. 6889. An act to extend the authority of the Secretary
of Education to purchase guaranteed student loans for an
additional year, and for other purposes.
H.R. 6893. An act to amend parts B and E of title IV of the
Social Security Act to connect and support relative
caregivers, improve outcomes for children in foster care,
provide for tribal foster care and adoption access, improve
incentives for adoption, and for other purposes.
____________________
SENATE ENROLLED BILLS AND JOINT RESOLUTIONS SIGNED
The Speaker announced her signature to enrolled bills and Joint
Resolution of the Senate of the following titles:
S. 171. An act to designate the facility of the United
States Postal Service located at 301 Commerce Street in
Commerce, Oklahoma, as the ``Mickey Mantle Post Office
Building''.
S. 1760. An act to amend the Public Health Service Act with
respect to the Healthy Start Initiative.
S. 2135. An act to prohibit the recruitment or use of child
soldiers, to designate persons who recruit or use child
soldiers as inadmissible aliens, to allow the deportation of
persons who recruit or use child soldiers, and for other
purposes.
S. 3241. An act to designate the facility of the United
States Postal Service located at 1717 Orange Avenue in Fort
Pierce, Florida, as the ``CeeCee Ross Lyles Post Office
Building''.
S.J. Res. 35. To amend Public Law 108-331 to provide for
the construction and related activities in support of the
Very Energetic Radiation Imaging Telescope Array System
(VERITAS) project in Arizona.
S.J. Res. 45. Expressing the consent and approval of
Congress to an interstate compact regarding water resources
in the Great Lakes--St. Lawrence River Basin.
____________________
BILLS PRESENTED TO THE PRESIDENT
Lorraine C. Miller, Clerk of the House reports that on September 23,
2008, she presented to the President of the United States, for his
approval, the following bills.
H.R. 2608. To amend section 402 of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 to provide, in fiscal years 2008 through 2010,
extensions of supplemental security income for refugees,
asylees, and certain other humanitarian immigrants, and to
amend the Internal Revenue Code to collect unemployment
compensation debts resulting from fraud.
H.R. 5551. To amend title 11, District of Columbia Official
Code, to implement the increase provided under the District
of Columbia Appropriations Act, 208, in the amount of funds
made available for the compensation of attorneys representing
indigent defendants in the District of Columbia courts, and
for other purposes.
H.R. 5893. To reauthorize the sound recording and film
preservation programs of the Library of Congress, and for
other purposes.
____________________
ADJOURNMENT
Mr. LoBIONDO. Mr. Speaker, I move that the House do now adjourn.
The motion was agreed to; accordingly (at 10 o'clock and 41 minutes
p.m.), the House adjourned until tomorrow, Thursday, September 25,
2008, at 10 a.m.
____________________
EXPLANATORY STATEMENT SUBMITTED BY MR. OBEY, CHAIRMAN OF THE HOUSE
COMMITTEE ON APPROPRIATIONS, REGARDING THE AMENDMENTS OF THE HOUSE OF
REPRESENTATIVES TO THE SENATE AMENDMENT TO H.R. 2638
Following is an explanation of the amendment of the House
of Representatives to the amendment of the Senate to H.R.
2638, the Department of Homeland Security Appropriations Act,
2008, including disclosure of congressional earmarks and
congressionally directed spending items as defined in clause
9 of rule XXI of the Rules of the House of Representatives
and rule XLIV of the Standing Rules of the Senate.
Section 4 of the House amendment specifies that this
explanatory statement shall have the same effect with respect
to the allocation of funds and implementation of this
Continuing Appropriations Act as if it were a joint
explanatory statement of a committee of conference.
The House amendment strikes the text of the Senate
amendment and inserts language continuing appropriations for
fiscal year 2009, making emergency supplemental
appropriations for fiscal year 2008, and covering 3 regular
fiscal year 2009 appropriations bills, each in a separate
division, as follows:
Division A--Continuing Appropriations Resolution, 2009;
Division B--Disaster Relief and Recovery Supplemental
Appropriations Act, 2008;
Division C--Department of Defense Appropriations Act, 2009
Division D--Department of Homeland Security Appropriations
Act, 2009;
Division E--Military Construction and Veterans Affairs
Appropriations Act, 2009;
Section 1 of the bill provides that the bill as a whole may
be referred to as the Consolidated Security, Disaster
Assistance, and Continuing Appropriations Act, 2009. Section
3 states that, unless expressly provided otherwise, any
reference to ``this Act'' or ``this joint resolution''
contained in any division of the bill shall be treated as
referring only to the provisions of that division.
In the following explanations, the legislation resulting
from the House amendment is generally referred to simply as
the ``bill''.
DIVISION A--CONTINUING APPROPRIATIONS RESOLUTION, 2009
Division A provides continuing appropriations for all
agencies and activities that would be covered by the regular
fiscal year 2009 appropriations bills, until enactment of the
applicable regular appropriations bill or until March 6,
2009, whichever occurs first.
DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS
Neither the legislative text of division A nor the
accompanying explanatory statement contains any congressional
earmarks, congressionally directed spending items, limited
tax benefits or limited tariff benefits (as defined in clause
9 of rule XXI of the Rules of the House of Representatives
and rule XLIV of the Standing Rules of the Senate,
respectively).
DIVISION B--DISASTER RELIEF AND RECOVERY SUPPLEMENTAL APPROPRIATIONS
ACT, 2008
Division B makes emergency supplemental appropriations for
relief and recovery from hurricanes, floods, and other
disasters. The following table summarizes the appropriations
made by this division:
[[Page 21173]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.001
[[Page 21174]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.002
[[Page 21175]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.003
[[Page 21176]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.004
[[Page 21177]]
DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS
Following is a list of congressional earmarks and
congressionally directed spending items (as defined in clause
9 of rule XXI of the Rules of the House of Representatives
and rule XLIV of the Standing Rules of the Senate,
respectively) included in the bill or this explanatory
statement, along with the name of each Senator, House Member,
Delegate, or Resident Commissioner who submitted a request to
the Committee of jurisdiction for each item so identified.
Neither the bill nor the explanatory statement contains any
limited tax benefits or limited tariff benefits as defined in
the applicable House and Senate rules.
[[Page 21178]]
DIVISION B--DISASTER RELIEF AND RECOVERY
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Agency Account Project Amount Requester(s)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Corps of Engineers Construction Lake Pontchartrain and Vicinity, LA $700,000,000 The President; Landrieu, Mary L.; Vitter,
David
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Corps of Engineers Construction West Bank and Vicinity, LA $350,000,000 The President; Landrieu, Mary L.; Vitter,
David
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Corps of Engineers Construction Southeast Louisiana Urban Drainage, LA $450,000,000 The President; Landrieu, Mary L.; Vitter,
David
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA General Provision Concerning flood insurance rate maps in certain areas in MO Durbin, Richard; Costello, Jerry; Shimkus,
and IL John
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA General Provision Communications System, MS Cochran, Thad
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GSA Federal Buildings Fund Cedar Rapids Courthouse, IA $182,000,000 Harkin, Tom; Grassley, Chuck; Loebsack, Dave
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21179]]
____________________
DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATION ACT FISCAL YEAR 2009
Following is an explanation of the effects of division C,
which makes appropriations for the Department of Defense for
fiscal year 2009. As provided in section 4 of the
consolidated bill, this explanatory statement shall have the
same effect with respect to the allocation of funds and
implementation of this division as if it were a joint
explanatory statement of a committee of conference.
Definition of Program, Project, and Activity
For the purposes of the Balanced Budget and Emergency
Deficit Control Act of 1985 (Public Law 99-177) as amended by
the Balanced Budget and Emergency Deficit Control
Reaffirmation Act of 1987 (Public Law 100-119) and by the
Budget Enforcement Act of 1990 (Public Law 101-508), the term
program, project, and activity for appropriations contained
in this Act shall be defined as the most specific level of
budget items identified in the Department of Defense
Appropriations Act, 2009, the related classified annexes and
explanatory statements, and the P-1 and R-1 budget
justification documents as subsequently modified by
congressional action. The following exception to the above
definition shall apply: for the military personnel and the
operation and maintenance accounts, for which the term
``program, project, and activity'' is defined as the
appropriations accounts contained in the Department of
Defense Appropriations Act.
At the time the President submits his budget for fiscal
year 2010, the Department of Defense is directed to transmit
to the congressional defense committees budget justification
documents to be known as the ``M-1'' and ``O-1'' which shall
identify, at the budget activity, activity group, and
subactivity group level, the amounts requested by the
President to be appropriated to the Department of Defense for
military personnel and operation and maintenance in any
budget request, or amended budget request, for fiscal year
2010.
Classified Annex
Adjustments to classified programs are addressed in the
accompanying classified annex.
Congressional Special Interest Items
Items for which additional funds have been provided as
shown in the project level tables or in paragraphs using the
phrase ``only for'' or ``only to'' are congressional special
interest items for purposes of the Base for Reprogramming (DD
Form 1414). Each of these items must be carried on the DD
Form 1414 at the stated amount, as specifically addressed in
these materials.
Reprogramming Guidance
The Department of Defense is directed to continue to follow
the reprogramming guidance for acquisition accounts as
specified in the House Report (H. Rept. 110-279) accompanying
the Fiscal Year 2008 Department of Defense Appropriations
Act. For operation and maintenance accounts, the Department
of Defense shall continue to follow the reprogramming
guidelines specified in the conference report accompanying
H.R. 3222, the Department of Defense Appropriations Act,
2008, which are also reiterated herein under title II. The
dollar threshold for reprogramming funds shall remain at
$15,000,000 for operation and maintenance; $20,000,000 for
procurement; and $10,000,000 for research, development, test
and evaluation.
Also, the Under Secretary of Defense, Comptroller, is
directed to continue to provide the congressional defense
committees quarterly, spreadsheet-based DD Form 1416 reports
for service and defense-wide accounts in titles I, II, III
and IV of this Act. The Department shall continue to follow
the limitation that prior approval reprogrammings are set at
either the specified dollar threshold or 20 percent of the
procurement or research, development, test and evaluation
line, whichever is less. These thresholds are cumulative.
Therefore, if the combined value of transfers into or out of
operation and maintenance (O-1), a procurement (P-1) or
research, development, test and evaluation (R-1) line exceed
the identified threshold, the Department of Defense must
submit a prior approval reprogramming to the congressional
defense committees. In addition, guidelines on the
application of prior approval reprogramming procedures for
congressional special interest items are established
elsewhere in these materials.
Funding Increases
The funding increases outlined in the tables for each
appropriation account shall be provided only for the specific
purposes indicated in the tables.
TITLE I--MILITARY PERSONNEL
For Military Personnel, funds are to be available for
fiscal year 2009, as follows:
[[Page 21180]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.005
[[Page 21181]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.006
[[Page 21182]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.007
[[Page 21183]]
Stop Loss
The Department of Defense continues to involuntarily extend
the service commitments of active duty and selected reserve
servicemembers. These extensions, known as stop loss, are
used to retain servicemembers an average of six months beyond
their initial end-of-term-of-service date. Although the
Secretary of Defense has tried to minimize the use of this
practice, the Army continues to use stop loss for its active
and reserve components, arguing that it allows the Service to
maintain unit integrity. However, the continued use of stop
loss remains a concern as it may undermine the morale of the
Nation's servicemembers and the voluntary nature of the Armed
Forces.
Therefore, the Secretary of Defense and the Services are
directed to provide stop loss data as part of the end-
strength portion of the fiscal year 2010 military personnel
budget justification material and a report to the
congressional defense committees that examines the impact, if
any, stop loss has had on recruiting and any correlations
between extended deployments, often involving stop-lossed
servicemembers, and domestic assaults, sexual assaults and
alcohol offenses. This report shall be submitted no later
than 180 days after enactment of this Act. Furthermore, the
Secretary of Defense shall submit to the congressional
defense committees a report containing the results of a study
evaluating the feasibility and costs of providing a special
pay, in the manner authorized by section 8116, to all members
of the Army, Navy, Air Force, and Marine Corps, including
former and retired members, who at any time during the period
beginning on October 1, 2001, and ending on September 30,
2008, served on active duty while the member's enlistment or
period of obligated service was extended, or whose
eligibility for retirement was suspended. This report shall
be submitted no later than 60 days after enactment of this
Act.
Cash Incentives
The Department has initiated many programs that rely solely
on cash incentives when enlisting new recruits and retaining
current personnel. While these cash incentives have enhanced
recruitment and retention efforts and helped the Services
meet their end-strength goals, there is concern that the
Services have increased both the size and scope of these cash
incentives without performance metrics to determine whether
these bonuses are cost effective and necessary in light of
the other, improved personnel benefits now being provided.
Accordingly, the Secretary of Defense is directed to provide
a report to the congressional defense committees that
describes these cash incentives, specifically to include: the
number of cash incentives used for recruitment and retention;
the average amount provided for each military occupational
specialty; the length of contract required for each type of
enlistment and reenlistment bonus; and the performance
metrics used to determine the effectiveness of, and
requirement for, various levels of bonus compensation. This
report shall be submitted not later than February 1, 2009.
Realignment of Funds
Funds were realigned within the Military Personnel, Air
Force, account to support Air Force efforts to halt its
personnel drawdown. The Air Force had been on course to
drawdown end strength from 329,563 to 316,600 in fiscal year
2009. However, they have recently changed course to support a
manning level of 326,000 airmen and grow to 330,000 in fiscal
year 2010. This newly planned personnel growth, along with
readjusted cost calculations, has led to savings in officer
voluntary separation pay and permanent change of station
expenses and has created additional costs in enlisted
personnel pay and allowances. The majority of these savings
have been realigned to fund the enlisted personnel increase.
The remainder of the savings was not realigned as the Air
Force, which is already below its planned end-strength, will
likely not achieve its end-strength goal of 326,000.
Dwell Time
The Army and Marine Corps active duty and reserve personnel
have experienced reduced dwell time due to an accelerated
deployment cycle. This reduction in dwell time has placed a
significant strain on servicemembers, their families, and the
employers of reservists. In addition, the frequent and
extended deployments of National Guard and Reserve personnel
have left our Nation more vulnerable during national
emergencies, such as forest fires and hurricane disaster
evacuation and response. Reduced dwell time has further
contributed to reduced opportunities to train for the full
spectrum of combat missions. Although the Services expect to
return to more normal deployment lengths at the end of fiscal
year 2008, the Secretary of Defense is directed to provide a
report on the unit rotation cycle (i.e., the patch report) to
the congressional defense committees within 30 days of the
end of each quarter.
Health Professions Scholarship Program
Personnel shortages in numerous medical specialties across
the Services remain a concern. Recruiting and retaining these
specialized personnel has proven to be challenging. The
health professions scholarship program has been a successful
tool in recruiting military medical personnel and, for this
reason, it is disappointing that the Army and Air Force
health professions scholarship programs are significantly
underfunded in the budget request. To support continued
efforts to recruit military medical personnel, an additional
$18,400,000 in Reserve Personnel, Army, and $13,000,000 in
Reserve Personnel, Air Force are included for the health
professions scholarship program. This additional funding
shall be used solely for this purpose. The Services are
expected to fully fund this program in fiscal year 2010.
Reserve Component Participation Rate and Mobilization Assumptions
When constructing reserve personnel budgets, planners must
project what percentage of reservists is likely to
participate in annual training and weekend drills. Since
operations began in Afghanistan and Iraq, participation
levels have varied widely based on the number of mobilized
reservists who are unavailable to drill and the number of
reservists using extra drill periods to perform pre-
mobilization training. Some Services have incorporated these
factors into their projections, while others have not.
Currently, there is no Department-wide guidance on the
assumptions and methodology that should be used when
budgeting for future-year annual training and weekend drill
participation rates. This lack of guidance has led to
unjustified growth in the Pay Group A and B accounts for
several reserve components. For fiscal year 2009, funding has
again been shifted from these activities to other activities
within the same account where shortfalls were identified.
The deployment of Active Guard and Reserve (AGR) personnel
has also complicated the process of budgeting for full time
personnel costs. Deployed AGRs from some reserve components
are paid from reserve personnel accounts, while AGRs from
other reserve components are paid from active duty accounts.
It is not clear that these reserve components have accurately
incorporated AGR deployment assumptions and the corresponding
personnel savings into their AGR cost analysis.
The Secretary of Defense is directed to work with the
Services to establish guidelines for what assumptions and
methodology should be used when constructing future-year
training participation rate and AGR cost projections. The
Department is directed to provide a report to the
congressional defense committees that details the guidance
issued to the Services. This report shall be submitted not
later than February 15, 2009.
Reserve Component Budget Structure
In fiscal year 2008, Congress extended testing of a
consolidated budget structure for the reserve components'
military personnel accounts. Since that time, the single
budget activity format has provided additional spending
flexibility to the reserve components. Therefore, the
consolidated budget structure shall be made permanent with
the understanding that the Department will submit quarterly
reports to the congressional defense committees showing all
transfers between activities and sub-activities of each
reserve personnel appropriation. The reports shall provide
separate explanations for all transfers that equal, exceed,
or cumulate to $2,000,000; and a beginning and ending total
by line item. The report shall be due 30 days following the
end of each quarter.
Government Accountability Office Unobligated Balance and End-Strength
Reports
The Government Accountability Office is requested to
continue its annual analysis of military personnel
unobligated balances and end-strength levels. These reports
serve as an important resource for Congress' budgetary
analysis. The reports should be submitted to the
congressional defense committees not later than May 15th of
each year.
Boots-on-the-Ground and Cost of War Reporting
There remains a continuing need for accurate and timely
information on actual/estimated costs and deployment numbers
associated with Operation Iraqi Freedom (OIF) and Operation
Enduring Freedom (OEF). Therefore, not later than the 10th
day of each month following the enactment of this Act, the
Secretary of Defense is directed to submit to the
congressional defense committees:
(1) a ``Boots-on-the-Ground'' report providing, for the
most recent month for which data is available, the total
number of troops deployed in support of OIF and OEF, further
delineated by service and component (active, Reserve, or
National Guard) and a monthly estimate for the three-month
period following the date such report is submitted of the
total number of troops expected to be deployed in support of
OIF and OEF, further delineated by service and component
(active, Reserve, or National Guard). This report may be
submitted in classified form; and
(2) a monthly report of funds obligated in support of OIF
and OEF covering the most recent period for which data are
available, by month and fiscal year. This report shall be
delineated and summarized by operation, by military service,
by component (active, Reserve, or National Guard), and by
appropriations account.
[[Page 21184]]
MILITARY PERSONNEL, ARMY
For Military Personnel, Army, funds are to be available for
fiscal year 2009, as follows:
[[Page 21185]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.008
[[Page 21186]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.009
[[Page 21187]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.010
[[Page 21188]]
MILITARY PERSONNEL, NAVY
For Military Personnel, Navy, funds are to be available for
fiscal year 2009, as follows:
[[Page 21189]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.011
[[Page 21190]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.012
[[Page 21191]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.013
[[Page 21192]]
MILITARY PERSONNEL, MARINE CORPS
For Military Personnel, Marine Corps, funds are to be
available for fiscal year 2009, as follows:
[[Page 21193]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.014
[[Page 21194]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.015
[[Page 21195]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.016
[[Page 21196]]
MILITARY PERSONNEL, AIR FORCE
For Military Personnel, Air Force, funds are to be
available for fiscal year 2009, as follows:
[[Page 21197]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.017
[[Page 21198]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.018
[[Page 21199]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.019
[[Page 21200]]
RESERVE PERSONNEL, ARMY
For Reserve Personnel, Army, funds are to be available for
fiscal year 2009, as follows:
[[Page 21201]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.020
[[Page 21202]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.021
[[Page 21203]]
RESERVE PERSONNEL, NAVY
For Reserve Personnel, Navy, funds are to be available for
fiscal year 2009, as follows:
[[Page 21204]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.022
[[Page 21205]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.023
[[Page 21206]]
RESERVE PERSONNEL, MARINE CORPS
For Reserve Personnel, Marine Corps, funds are to be
available for fiscal year 2009, as follows:
[[Page 21207]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.024
[[Page 21208]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.025
[[Page 21209]]
RESERVE PERSONNEL, AIR FORCE
For Reserve Personnel, Air Force, funds are to be available
for fiscal year 2009, as follows:
[[Page 21210]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.026
[[Page 21211]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.027
[[Page 21212]]
NATIONAL GUARD PERSONNEL, ARMY
For National Guard Personnel, Army, funds are to be
available for fiscal year 2009, as follows:
[[Page 21213]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.028
[[Page 21214]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.029
[[Page 21215]]
NATIONAL GUARD PERSONNEL, AIR FORCE
For National Guard Personnel, Air Force, funds are to be
available for fiscal year 2009, as follows:
[[Page 21216]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.030
[[Page 21217]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.031
[[Page 21218]]
TITLE II--OPERATION AND MAINTENANCE
For Operation and Maintenance, funds are to be available
for fiscal year 2009, as follows:
[[Page 21219]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.032
[[Page 21220]]
Directed Transfer of Working Capital Fund Cash
Section 8119 reduces funding to the Operation and Maintence
accounts to reflect cash balance adjustments in the Defense
Working Capital Funds. The Department is directed to transfer
$823,000,000 from Defense Working Capital Fund, Army, to
Operation and Maintence, Army, and transfer $36,000,000 from
the Defense Working Capital Fund Air Force, to Operation and
Maintence, Air Force.
``Soft'' Power and Inter-Agency Burden Sharing
The current inter-agency allocation of resources and
responsibilities does not support an appropriate balance of
the civilian and military instruments of national security.
The Department of Defense has learned in recent years that
successful security and stability operations require not only
military action, but also sustained application of the
diplomatic, development and economic tools that are the
traditional responsibilities of the Department of State and
the U.S. Agency for International Development (USAID).
Reflecting the importance of these non-military national
security assets, the Secretary of Defense has repeatedly
called for a dramatic increase in U.S. spending on diplomacy,
foreign assistance, civic action, and economic development
and reconstruction.
The Department has often assumed responsibility for
development and reconstruction activities reluctantly and
because the civilian agencies are either unable or unwilling
to carry them out. However, significant increases were
requested for several programs that duplicate efforts
traditionally carried out by the Department of State and
USAID, notably, the global train and equip and global
security and stability programs; the new humanitarian relief
aspect of the Combatant Commander's Initiative Fund; and a
thirty-percent increase in the funds requested for the
Commander's Emergency Response Program (CERP).
This apparent consolidation of U.S. security assistance,
foreign aid, and humanitarian assistance and development
programs within the Department of Defense is concerning.
Neither the Nation's nor the Department's interests are well
served by this institutional shift of responsibility for
traditional elements of soft power'' from U.S. civilian
agencies to the military. Given the tremendous strains the
services face in the current operational environment, the
Department should refrain from assuming additional soft power
roles and work with Congress and the next Administration
toward a more rational balance of inter-agency burden sharing
and resource allocation.
Family Advocacy Program
The bill provides a total of $410,000,000 for family
advocacy programs in fiscal year 2009. The additional funding
provided herein will enhance the activities of the Family
Advocacy Program (FAP) and provide for children and families
managing the difficult challenges of military service. The
concern about the growing need for family members to have
access to professional counseling to help alleviate the
mental stresses associated with deployments continues as
stress on families reaches unprecedented levels. Current
challenges facing today's military families include multiple
and lengthy deployments, frequent moves, a shortage of child
care nationwide, a wide range of financial complexities, the
need for a two-income family and family reintegration. The
loss of the daily presence of a parent--or parents--in the
home and the worry about the safety of a deployed parent is a
difficult burden for children. The activities provided by FAP
products and services help mitigate the disruption and stress
in the military family when facing a variety of stressors,
such as relocation, deployment, shifts in family
responsibility, and the loss or injury of loved ones.
The Department is taking action to create a Military
OneSource Center to develop cutting-edge quality of life
support for the military's emerging needs including
deployment, mobilization, and reintegration. The Center will
promote the readiness of military families throughout the
military life cycle, from recruitment, relocation, deployment
and mobilization, to retirement.
Therefore, a family advocacy program line has been created
within the Operation and Maintenance, Defense-Wide account to
enable better execution of the funding provided and to enable
the Military OneSource Center to conduct appropriate
evaluation and development of cost-effective quality of life
resources that can be made available to all servicemembers
and their families. The Family Advocacy Program should
continue umbrella programs to include Military OneSource call
center, counseling (financial and family), and other outreach
programs that are most efficiently resourced at the
Department level and any other missions deemed necessary that
demonstrate a benefit to the servicemembers and their
families. The Center will institutionalize the support that
has been provided to servicemembersCC and their families
since the beginning of the Global War on Terror.
Joint Task Force Guantanamo/Detainee Operations
The Secretary of Defense has indicated that he favors
closing the detention facilities at Guantanamo Bay, Cuba. The
June 12, 2008 decision by the United States Supreme Court
that detainees at Guantanamo are entitled to the procedural
protection of habeas corpus undermines the rationale to
continue holding detainees offshore. Therefore, the Secretary
is directed to develop options for the disposition of the
Guantanamo Bay detention facility (to include potential
closure), and the relocation of its population to alternative
detention facilities; and to provide a report on such
options, including the potential cost, schedule and
disposition of detainees to the congressional defense
committees within 180 days of enactment of this Act.
Facilities Sustainment, Restoration and Modernization
The Department of Defense has not directed sufficient
management attention to maintaining and repairing facilities
and the Department is deferring maintence on barracks and
other facilities affecting the quality of life of Service
personnel. Early this year, the deplorable living conditions
that servicemembers had to endure upon returning from
deployment came to light. Billions of dollars have been
provided over the years for facilities repair; however, these
funds are often used as funding sources for other operation
and maintenance year-of-execution funding requirements. The
bill provides an additional $493,500,000 for sustainment,
restoration and modernization of barracks. In order to ensure
that these funds are obligated and expended for sustainment,
restoration and modernization of barracks, these funds shall
be treated as a congressional interest item and should be so
designated on the DD Form 1414.
Further, to focus management attention on the condition of
barracks, the Department is directed to survey barracks at
all Defense installations and document the extent to which
barracks meet the established Department standards; reasons
why such facilities fail to meet such standards; and estimate
the funding required by fiscal year for each military service
to bring barracks into compliance with the Department's
standards. The Secretary of Defense is to provide the results
of this survey to the congressional defense committees not
later than February 27, 2009.
Operation and Maintenance Reprogrammings
The bill includes a provision identical to the provision
enacted in fiscal year 2008 that requires the Department to
submit the DD Form 1414, Base for Reprogramming Actions, for
each of the fiscal year 2009 appropriations accounts within
60 days after the enactment of this Act. This provision
prohibits the Department from executing any reprogramming or
transfer of funds for any purpose other than originally
appropriated until the aforementioned report is submitted to
the House and the Senate Committees on Appropriations.
With respect to the Service's operation and maintenance
accounts, the Department shall submit prior approval
reprogramming requests to the congressional defense
committees for proposed transfers of funds in excess of
$15,000,000 to or from the levels specified for budget
activities. In addition, the Department should follow prior
approval reprogramming procedures for transfers in excess of
$15,000,000 out of the following budget subactivities:
Operation and Maintenance, Army:
Land Forces Depot Maintenance
Operation and Maintenance, Navy:
Aircraft Depot Maintenance
Ship Depot Maintenance
Operation and Maintenance, Marine Corps:
Depot Maintenance
Operation and Maintenance, Air Force:
Air Operations Depot Maintenance
Mobility Operations Depot Maintenance
Basic Skills/Training Depot Maintenance
Logistics Operations Depot Maintenance
Further, the Department shall provide written notification
of cumulative transfers in excess of $15,000,000 from the
following budget subactivities:
Operation and Maintenance, Army:
Maneuver Units
Modular Support Brigades
Land Forces Operations Support
Force Readiness Operations Support
Base Operations Support
Facilities, Sustainment, Restoration and Modernization
Operation and Maintenance, Navy:
Facilities Sustainment, Restoration and Modernization
Operation and Maintenance, Marine Corps:
Facilities Sustainment, Restoration and Modernization
Operation and Maintenance, Air Force: Primary Combat Forces
Combat Enhancement Forces
Combat Communications
Facilities Sustainment, Restoration and Modernization
With respect to Operation and Maintenance, Defense-Wide,
proposed transfers of funds to or from the levels specified
for defense agencies in excess of $15,000,000 shall be
subject to prior approval reprogramming procedures. In
addition, the Department shall provide written notification
of cumulative transfers in excess of $15,000,000 or 20
percent, whichever is less, from the following line items
identified in the Operation
[[Page 21221]]
and Maintenance, Defense-Wide project level table contained
in this Act:
Defense Legal Service Agency
Office of the Secretary of Defense
Acquisition, Technology, and Logistics Programs
Personnel and Readiness
Comptroller and Chief Financial Officer
Under Secretary of Defense (Intelligence)
Under Secretary of Defense (Policy)
Director, Program Analysis and Evaluation
Assistant Secretary for Defense (Networks and Information
Integration)
A congressional interest item contained in Operation and
Maintenance, Defense-Wide is defined only as a specified
increase provided in this Act.
Operation and Maintenance Budget Execution Data
The Department of Defense is directed to continue to
provide the congressional defense committees with quarterly
budget execution data. Such data should be provided not later
than forty-five days past the close of each quarter for the
fiscal year, and shall be provided for each O--1 budget
activity, activity group, and subactivity group for each of
the active, defense-wide, reserve and National Guard
components. For each O--1 budget activity, activity group,
and subactivity group, these reports shall include: the
budget request and actual obligations; the Department of
Defense distribution of unallocated congressional adjustments
to the budget request; all adjustments made in establishing
the Base for Reprogramming (DD Form 1414) report; all
adjustments resulting from below threshold reprogrammings;
and all adjustments resulting from prior approval
reprogramming requests.
Electrical Fires at Military Bases in Iraq
There is concern with the number and severity of electrical
fires at military bases in Iraq. In a single six month
period, 283 fires destroyed or damaged military facilities in
Iraq. More than a dozen servicemembers have been electrocuted
in Iraq since the beginning of the war, with many more
injured, some seriously. This is unacceptable. The Secretary
is directed, within 60 days of enactment of this Act, to
provide a report to the congressional defense committees that
details the extent and causes of the problem, and what
mitigating and corrective actions the Department plans.
Ground Combat Helmet Pads
The frequency of traumatic brain injury among ground combat
forces due to accidents and combat operations, including
attacks by improvised explosive devices and explosively
formed penetrators, is a matter of great concern. The Army
and Marine Corps should leverage all available technology to
provide combat helmets that offer the best possible
protection against traumatic brain injury. Reportedly, the
Army may be exploring the possibilities of adapting certain
aspects of padding used in protective helmets worn in
professional sports to better protect soldiers against
concussions, and the Army and the Marine Corps may accept
helmet padding that meets minimum standards when better
performing padding may be available, albeit at a greater
cost. The Army and Marine Corps are encouraged to
aggressively pursue all available advances in protection
against head injuries among ground combat soldiers.
The Government Accountability Office is directed to provide
a report and recommendations to the congressional defense
committees within 120 days of enactment of this Act on the
padding used in ground combat helmets by the Army and Marine
Corps. The report shall address the materials in use and
improved products that may be available for use for shock
absorption, all weather performance, maintainability and
overall best value attributes.
Alaskan Command Deployment Support
In light of the recent and projected deployment of military
forces from Alaska in support of the Global War on Terror,
the significant hardships encountered by many families and
spouses during these lengthy deployments are recognized.
Considering that two Army brigades and an Air Expeditionary
Force will be deployed at the same time in 2009, the stress
of these deployments on families will be significant. During
a servicemembers' absence, military spouses are solely
responsible for caring for children, maintaining employment,
and managing household finances. Accordingly, $6,000,000 is
provided to support the needs of these families, of which
$2,000,000 is specifically intended for child care support
services.
Intelligence, Surveillance and Reconnaissance
The Secretary of Defense notified the House and the Senate
Committees on Appropriations of a number of urgent
Intelligence, Surveillance and Reconnaissance needs for
fiscal year 2009 that were not contained in the President's
budget request. In order to respond to these emerging
requirements, an increase of $750,000,000 is provided in
operation and maintenance, procurement, and research,
development, test and evaluation accounts. The following
table includes operation and maintenance funds provided in
support of this initiative.
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Line Account Item
----------------------------------------------------------------------------------------------------------------
140...................................... OM,A........................ O&M for 8 MARSS multi-INT $65,600
Aircraft.
140...................................... OM,A........................ O&M for 3 Constant Hawk..... 45,000
80....................................... OM,A........................ Upgraded Hunter capabilities 15,200
140...................................... OM,A........................ O&M for 15 TRITON (ground 20,500
vehicle SIGINT).
30....................................... OM,AF....................... O&M for 14 SIGINT pods for 3,300
conventional support.
SOCOM.................................... OM,DW....................... Continuation of additional 80,000
08 GWOT ISR.
SOCOM.................................... OM,DW....................... Processing, Exploitation and 30,000
Dissemination, PED Support.
SOCOM.................................... OM,DW....................... SOF deployable nodes/Tac 1,000
Assured connectivity system.
SOCOM.................................... OM,DW....................... DCGS-SOF.................... 7,000
SOCOM.................................... OM,DW....................... O&M for manned FMV/SIGINT 3,600
Aircraft.
SOCOM.................................... OM,DW....................... O&M for increased crew ratio 2,000
for RC-26 fleet.
999...................................... OM,DW....................... Storage, movement and access 26,000
of full motion video data.
999...................................... OM,DW....................... Passive and Active ground/ 1,800
airborne SIGINT (NSA).
20....................................... OM,ANG...................... Mobilize non-mobilized ANG 10,000
for DCGS PED.
----------------------------------------------------------------------------------------------------------------
OPERATION AND MAINTENANCE, ARMY
For Operation and Maintenance, Army, funds are to be
available for fiscal year 2009, as follows:
[[Page 21222]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.033
[[Page 21223]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.034
[[Page 21224]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.035
[[Page 21225]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.036
[[Page 21226]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.037
[[Page 21227]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.038
[[Page 21228]]
Army Continuing Education System
It is important to provide returning soldiers and wounded
warriors with opportunities to engage in retraining and
vocational education programs. Community college systems
throughout the Nation can readily provide these opportunities
without duplicating the military's efforts. Therefore,
$19,000,000 is provided for the Army's off-duty and voluntary
education retraining programs under the Army Continuing
Education System to provide increased opportunity for
soldiers and wounded warriors to acquire technical,
vocational or advanced training and re-training. The Army is
directed to work with accredited community colleges to build
upon existing programs and develop new pilot re-training
programs in high demand career occupations, including
rehabilitation, nursing, medical technology and other health
care occupations.
Smart Contracting
For the past several years, significant attention and
resources have been focused on the Department's acquisition
process and its workforce. There is commitment to providing
the tools and resources to facilitate smarter contracting
processes. The Secretary of the Army is directed to submit a
report to the congressional defense committees no later than
60 days after enactment of this Act, detailing the Army's
progress in implementing the key recommendations of the
Gansler Commission.
OPERATION AND MAINTENANCE, NAVY
For Operation and Maintenance, Navy, funds are to be
available for fiscal year 2009, as follows:
[[Page 21229]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.039
[[Page 21230]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.040
[[Page 21231]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.041
[[Page 21232]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.042
[[Page 21233]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.043
[[Page 21234]]
Combatant Commander Residual Funding
In the fiscal year 2009 budget request, each Service
created two new budget line items to track combatant
commander (COCOM) resources. According to the fiscal year
2008 budget, COCOM funding for the Navy to support Joint
Forces Command and Pacific Command was budgeted in line 1C6C
Combat Support Forces in the amount of $398,000,000 for
fiscal year 2009. However, the fiscal year 2009 budget only
transferred $378,000,000 to the new budget lines. Therefore,
line 1C6C Combat Support Forces is overstated and is reduced
by $20,000,000. The reduction shall not be applied to COCOM
resources.
Naval Shipyard Workforce Development Programs
There is concern about the challenges to recruit and retain
qualified personnel at the Navy shipyards. It is becoming
increasingly difficult to attract and retain engineers into
the public sector primarily because of the benefits offered
to engineers in the private sector and because the shipyards
do not have the necessary programs and incentives to groom
executive management and leadership skills to further
workforce development. There is strong support for the Naval
Apprenticeship Program, which has the potential to contribute
to the workforce in other positions if provided opportunities
and incentives. Therefore, the Navy is directed to establish
programs to provide opportunities and financial incentives
for top performers to receive four-year engineering degrees,
executive management training certificates, and business
school degrees. Programs similar to the apprenticeship
program can help stave off the impending steep decline in
personnel at the shipyards and ensure a more stable
workforce. The Navy is directed to work with each shipyard
and the respective local educational institutions to craft
these programs and report to the House and the Senate
Committees on Appropriations by April 30, 2009, on a plan for
implementation.
Naval Shipyard Apprentice Program
During fiscal year 2009, the Navy shall induct classes of
no fewer than 100 apprentices, respectively, at each of the
naval shipyards. The Navy is directed to include the costs of
the fiscal year 2010 class of apprentices in its budget
request.
U.S. Coast Guard
Department of Defense regulations currently restrict
mission appropriated activities from offering reimbursable
rates to non-Department of Defense agencies. This restriction
forces the Navy to charge the U.S. Coast Guard fully-burdened
rates for drydocking services at Navy shipyards rather than
reimbursable rates. Therefore, the Navy may use funds
appropriated under operation and maintenance to pay the cost
to dry dock U.S. Coast Guard ships at Naval shipyards.
OPERATION AND MAINTENANCE, MARINE CORPS
For Operation and Maintenance, Marine Corps, funds are to
be available for fiscal year 2009, as follows:
[[Page 21235]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.044
[[Page 21236]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.045
[[Page 21237]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.046
[[Page 21238]]
OPERATION AND MAINTENANCE, AIR FORCE
For Operation and Maintenance, Air Force, funds are to be
available for fiscal year 2009, as follows:
[[Page 21239]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.047
[[Page 21240]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.048
[[Page 21241]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.049
[[Page 21242]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.050
[[Page 21243]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.051
[[Page 21244]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.052
[[Page 21245]]
Grand Forks Air Force Base, North Dakota, Infrastructure
The January 2008 United States Air Force Weapons Systems
Roadmap anticipates a future KC-X tanker mission at Grand
Forks Air Force Base after the departure of the base's
current fleet of KC-135R tankers. Thus, the Air Force is
directed to prepare a report which recommends the best way to
keep the base and its associated infrastructure viable until
the potential arrival of KC-X tanker aircraft so it does not
have to rebuild or recreate facilities and capabilities that
now exist. This report shall be provided to the House and the
Senate Committees on Appropriations within 90 days of
enactment of this Act.
OPERATION AND MAINTENANCE, DEFENSE-WIDE
For Operation and Maintenance, Defense-Wide, funds are to
be available for fiscal year 2009, as follows:
[[Page 21246]]
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[[Page 21247]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.054
[[Page 21248]]
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[[Page 21249]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.056
[[Page 21250]]
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[[Page 21251]]
U.S. Africa Command
A stable, secure Africa is strategically important to the
United States and our allies. The creation of U.S. Africa
Command (AFRICOM) is a first-step in developing a persistent,
cohesive U.S. policy toward that continent. However,
AFRICOM's current funding, staffing and organizational
configuration place a disproportionate burden of U.S. policy
in Africa on the Department of Defense (DoD).
While armed conflict, terrorism, piracy and trafficking
pose real security threats to African stability that can be
mitigated by closer military ties between the U.S. and our
African partners, many of the challenges facing Africa today
require diplomatic, economic, humanitarian and development
tools of other, non-DoD U.S. agencies. Calming political
unrest, building civil society, consolidating democratic
achievements, expanding economic growth, addressing
humanitarian crises, preventing the spread of HIV/AIDS and
caring for its victims require a robust inter-agency and
international approach.
Some of the U.S. partners in Africa have also signaled
their discomfort with the military-first approach embodied by
AFRICOM. Of the dozen nations asked to host AFRICOM's
headquarters or one of the five planned Regional Integration
Team (RIT) offices, few have expressed public interest.
Despite repeated assurances from the Secretary of Defense,
the people and governments of friendly African nations
believe that AFRICOM potentially represents a permanent U.S.
military presence on the continent.
While the creation of AFRICOM is a crucial first-step in
establishing a strategic U.S. policy toward Africa, the
current inter-agency division of labor is not optimal for
meeting U.S. long term goals. The Department of Defense
should work within the inter-agency process to correct the
alignment of U.S. human and financial resources to more
effectively support the emergence of a stable, secure,
successful and democratic Africa. The Department of State and
the U.S. Agency for International Development should also
play a more significant role in this new organization
supported with the appropriate funding and manpower required.
In the mean time, the Secretary of Defense, in coordination
with the Secretary of State and the Administrator of the U.S.
Agency for International Development, is directed to provide
a report, no later than April 1, 2009, to the congressional
defense committees, on how AFRICOM's mission, staffing, and
inter-agency composition can be optimized to create an
organization better equipped to meet these policy objectives.
The report should also include current thinking on AFRICOM's
presence in Africa and any plans related to the permanent
location of AFRICOM assets or personnel on the continent.
Military Tires
The Department of Defense Appropriations Act, 2008 (Public
Law 110-116) directed the Defense Logistics Agency (DLA) to
ensure that the military tire market remains a fair and
competitive marketplace as DLA implements the tire
privatization initiative required by the 2005 Base
Realignment and Closure Act. Specifically, the conferees
directed DLA to ``ensure that all tire manufacturers are on
an equal footing in the competitive market with respect to
information on tire demand and that, to the extent
practicable under the existing contracts, new tire types are
subject to fair and equal competition among qualified
manufacturers.'' There is concern that the DLA has not
sufficiently complied with these requirements and the need to
ensure that all tire manufacturers are provided access to the
Government's forecasts for future tire needs. Therefore, the
Secretary of Defense is directed to report to the
congressional defense committees by April 15, 2009, on what
steps are being taken to maintain a fair and competitive
marketplace for military tires.
Defense Contract Management Agency
In fiscal year 2008, Congress provided an additional
$14,000,000 to the Defense Contract Management Agency (DCMA)
to eliminate planned reductions in full-time staff. This
additional funding, which was designated a ``congressional
item of interest,'' was nevertheless inappropriately
subjected to an across-the-board funding reduction imposed by
the Under Secretary of Defense, Comptroller. The Secretary of
Defense is directed to provide a report to the congressional
defense committees within 60 days of enactment of this Act
addressing the following: the justification (if any) for this
reduction; the impact of this reduction on the number of
full-time DCMA staff; and the Department's plan for restoring
any full-time staff that may have been lost as a result of
the Department's failure to carry out the directive.
An additional $52,000,000 was also provided to DCMA in the
Fiscal Year 2008 Emergency Supplemental Appropriations Act
for the purpose of hiring 250 full-time contract-management
personnel. The Secretary is directed to include in the
aforementioned report a spend plan for this additional
funding, an assessment of future additional staffing
requirements DCMA will have in order to ensure proper
oversight and management of anticipated contracting work
load, and a workforce plan for achieving the necessary
staffing levels.
Global Train and Equip Program
For the Global Train and Equip Program, $350,000,000 is
provided under the Defense Security Cooperation Agency. This
limited authority was designed as a pilot project to enhance
our ongoing programs to train and equip allied nations'
counterterrorism efforts. Normally, the Department of State
is tasked to perform this critical function, but the
Department of Defense requested the ability to augment these
efforts due to the Global War on Terror. Increasing the
Nation's counterterrorism efforts around the globe is
strongly supported but the responsibility to train and equip
foreign military forces should rest with the Department of
State. The Administration should request funds for this
purpose in the Department of State's budget when this
authority expires.
Federal Prison Industries
The Bureau of Prisons considers Federal Prison Industries
(FPI) an important correctional tool that plays a critical
role in reducing inmate recidivism and idleness. To ensure
the success of the FPI program, United States Code (USC)
Title 18, Chapter 307 requires Federal departments and
agencies to purchase products from FPI ``as meet their
requirements and may be available''. However, Congress has
expressed concern that this provision of law could impose on
the Department of Defense a requirement to procure products
that do not meet the needs of the Department in terms of
price, quality and timeliness of delivery. To meet this
concern, section 827 of the National Defense Authorization
Act of Fiscal Year 2008 (Public Law 110-181) requires the
Secretary to use competitive procedures for the procurement
of certain products offered for sale by the FPI. The
Secretary is directed to report to the congressional defense
committees no later than 45 days after the enactment of this
Act on a plan to implement this new requirement, consistent
with the requirements of USC Title 18, Chapter 307, Section
4124(d).
Oil Refineries
When making public contract announcements regarding the
refining of fuel by U.S. companies, the U.S. Department of
Defense should not provide the name of the country for which
the fuel is being refined or the location of the facility
that will refine the fuel.
Troops to Pilots Demonstration Program
In 2007, Congress directed the Federal Aviation
Administration to increase the mandatory retirement age for
commercial airline pilots from age 60 to 65, temporarily
alleviating the onset of a national pilot shortage. Although
this action improved and maintained a legitimate working
number of pilots in the civil industry, there remains a
growing shortage of new pilots to take over for those who
look to retire over the next decade. A potential option for
replenishing the dwindling number of experienced aviators in
the country would be to utilize retiring or discharged
military aviators from military service to civil pilots. The
Department of Defense has similar programs designed to ease
service members' transition to civilian life, such as Troops
to Teachers, Troops to Nurses, and Helmets to Hardhats.
Accordingly, $2,500,000 is included for a demonstration
program that will train and recruit retiring or discharged
military aviators who wish to pursue a career in civilian
aviation. This program should be conducted in a state that
has a high per capita number of pilots as well as a sizeable
military aviation presence. The program should also take into
account heavy geographic reliance on aviation along with a
robust aviation infrastructure, including academic
institutions with expertise in piloting and aviation
technology.
OPERATION AND MAINTENANCE, ARMY RESERVE
For Operation and Maintenance, Army Reserve, funds are to
be available for fiscal year 2009, as follows:
[[Page 21252]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.058
[[Page 21253]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.059
[[Page 21254]]
OPERATION AND MAINTENANCE, NAVY RESERVE
For Operation and Maintenance, Navy Reserve, funds are to
be available for fiscal year 2009, as follows:
[[Page 21255]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.060
[[Page 21256]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.061
[[Page 21257]]
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE
For Operation and Maintenance, Marine Corps Reserve, funds
are to be available for fiscal year 2009, as follows:
[[Page 21258]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.062
[[Page 21259]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.063
[[Page 21260]]
OPERATION AND MAINTENANCE, AIR FORCE RESERVE
For Operation and Maintenance, Air Force Reserve, funds are
to be available for fiscal year 2009, as follows:
[[Page 21261]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.064
[[Page 21262]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.065
[[Page 21263]]
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD
For Operation and Maintenance, Army National Guard funds
are to be available for fiscal year 2009, as follows:
[[Page 21264]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.066
[[Page 21265]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.067
[[Page 21266]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.068
[[Page 21267]]
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
For Operation and Maintenance, Air National Guard, funds
are to be available for fiscal year 2009, as follows:
[[Page 21268]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.069
[[Page 21269]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.070
[[Page 21270]]
Overseas Contingency Operations Transfer Account
For the Overseas Contingency Operations Transfer Account,
no funds are provided for fiscal year 2009.
United States Court of appeals for the Armed Forces
For the United States Court of Appeals for the Armed
Forces, $13,254,000 is provided for fiscal year 2009.
Environmental Restoration, Army
For Environmental Restoration, Army, $457,776,000 is
provided for fiscal year 2009.
Environmental Restoration, Navy
For Environmental Restoration, Navy, $290,819,000 is
provided for fiscal year 2009.
Environmental Restoration, Air Force
For Environmental Restoration, Air Force, $496,277,000 is
provided for fiscal year 2009.
Environmental Restoration, Defense-Wide
For Environmental Restoration, Defense-Wide, $13,175,000 is
provided for fiscal year 2009.
Environmental Restoration, Formerly Used Defense Sites
For Environmental Restoration, Formerly Used Defense Sites,
$291,296,000 is provided for fiscal year 2009. The Department
is urged to support on-going unexploded ordnance remediation
programs in Vietnam. The adjustment to the budget for
Environmental Restoration, Formerly Used Defense Sites is
shown below:
Unexploded Ordnance Remediation..............................$8,500,000
Other Unfunded Requirements..................................25,000,000
Overseas Humanitarian, Disaster, and Civic Aid
For Overseas, Humanitarian, Disaster, and Civic Aid,
$83,273,000 is provided for fiscal year 2009.
Cooperative Threat Reduction Account
For the Cooperation Threat Reduction Account, $434,135,000
is provided for fiscal year 2009. This appropriation is
provided for the same purposes as prior year appropriations
for the ``Former Soviet Union Threat Reduction'' account. The
name change is being made to reflect the new, broader focus
of the program.
TITLE III--PROCUREMENT
For Procurement, funds are to be available for fiscal year
2009, as follows:
[[Page 21271]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.071
[[Page 21272]]
Congressional Interest Items
Items for which additional funds have been provided as
shown in the project level tables or in paragraphs using the
phrase ``only for'' or ``only to'' are congressional interest
items for purposes of the Base for Reprogramming Department
of Defense form (DD Form 1414). Each of these items must be
carried on the DD Form 1414 at the stated amount, as
specifically addressed in these materials.
Acquisition Cost
The Department of Defense has exhibited an alarming trend
in funding acquisition programs below full cost. In recent
years, the Littoral Combat Ship, the Future Combat Systems,
the Armed Reconnaissance Helicopter, and the Electromagnetic
Aircraft Launching System have all required funds to be
reprogrammed in an execution year to correct shortfalls.
Additionally, the Joint Strike Fighter, the Future Combat
Systems, the Expeditionary Fighting Vehicle, the Global Hawk
Unmanned Aerial Vehicle, and the Space Based Infrared
Satellite System have all required restructuring by the
Department during the budget formulation period. Funds used
to correct these shortfalls typically are taken from other
acquisition programs. This trend is disturbing and ultimately
reduces overall stability in the Department's acquisition
programs.
The causes for this practice are varied and many. In some
cases, the Department violates its own policy by not funding
programs to the estimate provided by the Department's Cost
Analysis Improvement Group (CAIG), which is required by
statute to conduct an independent cost estimate on major
acquisition programs. In other cases, the cost estimates are
flawed, missing key elements of cost. Cost growth or
technical challenges are frequently cited as a reason for
funding shortfalls, although the fundamental causes can
usually be traced back to not funding to the proper estimate
from program inception. A major contributor to this problem
is that lower than reasonable proposals for programs from
contractors are oftentimes accepted by the Department as an
opportunity to get major programs started because, once
started, history has proven that major programs are rarely
terminated.
By underfunding programs, the Department lengthens
development schedules, costs the taxpayers additional
dollars, and delays fielding critical capabilities to our
Nation's Armed Forces. The Department must be more
accountable and fiscally responsible. Since the Department
takes the time and expends the resources to conduct
independent cost estimates, it should use that information in
formulating budgets for the programs. The Department is
directed to provide a report to the congressional defense
committees that shows which Acquisition Category I (ACAT I)
programs did not use the CAIG estimate as the official
program estimate at a milestone decision and an explanation
as to why the CAIG estimate was not used. The report should
encompass the period from fiscal year 2004 through fiscal
year 2008 and be submitted prior to March 1, 2009.
Future Combat Systems (FCS) Restructure
The Future Combat Systems (FCS) remains the Army's top
priority modernization program, designed to provide rapidly
deployable, highly survivable and lethal forces. While the
program has struggled with changing requirements and cost
growth in recent years and undergone multiple restructures,
support remains strong for the Army's goal to create a more
capable and modern force. Most recently, the Army informed
Congress of its intent to change the near-term focus of FCS
by fielding available capabilities to Infantry Brigade Combat
Teams, which are in high demand in the Global War on Terror,
and deferring the fielding of these technologies to Heavy
Brigade Combat Teams, which were originally slated to first
receive the initial FCS spin outs. In support of this program
shift, the Army has requested an adjustment to its fiscal
year 2009 budget request for FCS from within program funds.
Funding in the bill supports the Army's plan to field proven
technologies that provide immediate enhanced capabilities to
the warfighter and fully supports the Army's requested
program adjustments, as detailed below.
[In thousands of dollars]
Amount
Weapons and Tracked Combat Vehicles, Army:
Line 8, FCS Spin Outs.....................................-$137,679
Line 9, FCS Spin Outs Advance Procurement...................+28,479
Research, Development, Test and Evaluation, Army:
Line 89, Non Line of Sight Launch System.....................+8,600
Line 91, FCS Manned Ground Vehicles & Common Ground Vehicle.+11,000
Line 92, FCS System of Systems Engineer & Program Management.+5,500
Line 93, FCS Reconnaissance [UAV] Platforms.................+11,000
Line 95, FCS Unattended Ground Sensors.......................+4,100
Line 96, FCS Sustainment & Training R&D.....................+19,000
Line 97, Modular Brigade Enhancement........................+38,500
Research, Development, Test and Evaluation, Navy:
Line 96, Joint Tactical Radio System-Navy...................+11,500
Acquisition Workforce Development Fund
Section 852 of the National Defense Authorization Act for
Fiscal Year 2008 established the Department of Defense
Acquisition Workforce Development Fund (AWDF) to finance
recruiting, training, and retention of acquisition personnel.
Funding for the AWDF is generated by taking funds
appropriated for other programs. In fiscal year 2008, the
planned funding level is approximately $258,000,000 and it
will grow to $600,000,000 in fiscal year 2011 and thereafter.
There is concern about sustaining a trained, capable and
adequately manned acquisition workforce, particularly as the
Department faces a wave of retirements over the coming years
that may leave the workforce without the most experienced
members. However, there are problems with the way the AWDF is
currently constituted. These concerns include:
--AWDF funding is not based on an estimate of the program's
requirements;
--Projected use of the funding is not provided in advance
to Congress;
--The accounting process skews the obligation and
expenditure data on appropriations used to finance the AWDF;
--Expiring funds may be used to finance the AWDF thereby
extending, or effectively re-appropriating without
congressional approval, those funds for up to two years
beyond the original life of the appropriation.
The simple and straightforward solution to these problems
is to bring the AWDF into the regular appropriations process.
The Department is directed to include the funding required
for the Acquisition Workforce Development Fund in its fiscal
year 2010 budget request.
Government Accountability Office
For each of the past six years, the Government
Accountability Office has provided an assessment on a broad
range of weapon systems that consists of (1) a macro analysis
of how well acquisition programs are performing and reasons
for that performance, and (2) specific analyses of individual
weapon system programs. The report that results from this
annual assessment has proven invaluable as an independent
look at cross-cutting acquisition issues and in evaluating
the status of individual weapon systems. This work has thus
far been conducted under the Comptroller General's own
authority. The Comptroller General is directed to perform the
annual assessment of selected weapon system programs and to
report the results of the assessment to the congressional
defense committees by March 30th of each year.
Joint Strike Fighter F-136 Engine Development
The fiscal year 2009 budget request included no funding for
the continued development of the F-136 engine as an alternate
engine within the Joint Strike Fighter program. The bill
includes $430,000,000 for the continued development of this
engine within the Navy and Air Force's Joint Strike Fighter
development programs and $35,000,000 for advance procurement
items within the Aircraft Procurement, Air Force
appropriation. The Secretary of Defense is once again
directed to fully fund the F-136 engine development and
procurement efforts in the fiscal year 2010 budget
submission.
Air Force Acquisition
The Air Force continues to experience significant
difficulties in acquiring major acquisition systems in a
timely and cost effective manner. From protests upheld by the
Government Accountability Office (GAO) to numerous Nunn-
McCurdy breaches, it is apparent that the acquisition process
is seriously flawed and change is needed. As a starting
point, the Air Force needs to ensure that its programs have
well-understood requirements, manageable development cycles,
realistic cost estimates, and adequate program funding for
the entire development cycle. There are a number of remedies
that would improve the Air Force's prospects in its
acquisitions. Some examples are:
Disciplined use of tried and true systems engineering
practices to ensure that a proposed system's performance
requirements are achievable with available resources before
beginning an acquisition program;
Establishing a clear business case for each program that is
agreed upon by the warfighter, the comptroller, and the
acquisition community;
Maturing technologies until they are ready for an
acquisition program (separating technology development from
acquisition programs);
Continuing to develop a skilled workforce capable of
managing requirements trades, source selection, and
knowledge-based acquisition strategies;
Basing programmatic decisions on demonstrated knowledge;
and
Matching program manager tenure with the duration of the
system design and demonstration phase of a program, and
tailoring career paths and performance management systems to
incentivize longer tenures.
The Secretary of Defense is directed to provide a report no
later than March 31, 2009,
[[Page 21273]]
to the congressional defense committees on the Department's
plans to reform Air Force acquisition to address the problems
that have continued to plague the acquisition process.
Reprogramming Guidance for Acquisition Accounts
The Department of Defense is directed to continue to follow
the reprogramming guidance specified in the House Report (H.
Rept. 110-279) accompanying the Fiscal Year 2008 Department
of Defense Appropriations Act. Specifically, the dollar
threshold for reprogramming funds will remain at $20,000,000
for procurement, and $10,000,000 for research, development,
test and evaluation. The Department shall continue to follow
the limitation that prior approval reprogrammings are set at
either the specified dollar threshold or 20 percent of the
procurement or research, development, test and evaluation
line, whichever is less. These thresholds are cumulative.
Therefore, if the combined value of transfers into or out of
a procurement (P-1) or research, development, test and
evaluation (R-1) line exceeds the identified threshold, the
Department of Defense must submit a prior approval
reprogramming to the congressional defense committees. In
addition, guidelines on the application of prior approval
reprogramming procedures for congressional interest items are
established elsewhere in these materials.
Reprogramming Reporting Requirements
The Under Secretary of the Department of Defense,
Comptroller is directed to continue to provide the
congressional defense committees quarterly, spreadsheet-based
DD1416 reports for service and defense-wide accounts in
titles III and IV of this Act as required in the statement of
the managers accompanying the conference report on the
Department of Defense Appropriations Act, 2006.
Intelligence, Surveillance and Reconnaissance
The Secretary of Defense notified the House and the Senate
Committees on Appropriations of a number of urgent
Intelligence, Surveillance and Reconnaissance (ISR) needs for
fiscal year 2009 that were not contained in the budget
request. In order to respond to these emerging requirements,
an increase of $750,000,000 is provided in operation and
maintenance, procurement, and research, development, test and
evaluation accounts. The following table includes procurement
funds provided in support of this initiative.
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Line Account Item
----------------------------------------------------------------------------------------------------------------
P-11A.................................... APAF........................ Procure 24 C-12 Aircraft.... $360,000
P-63..................................... PDW......................... SOF Deployable Nodes-M SOF 6,000
Tactical Assured
Connectivity Systems.
P-76..................................... PDW......................... Additional Medium UAV....... 13,000
P-76..................................... PDW......................... SOF Equipment for MQ-9...... 20,000
----------------------------------------------------------------------------------------------------------------
Funding Increases
The funding increases outlined in these tables shall be
provided only for the specific purposes indicated in the
table.
AIRCRAFT PROCUREMENT, ARMY
For Aircraft Procurement, Army, funds are to be available
for fiscal year 2009, as follows:
[[Page 21274]]
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[[Page 21275]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.073
[[Page 21276]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.074
[[Page 21277]]
Kiowa Warrior
The bill provides an additional $42,000,000 for safety,
performance, and weight enhancements for the Kiowa Warrior.
The Army is directed to use these funds on projects which
provide the greatest benefit for sustaining the Kiowa Warrior
until the Armed Reconnaissance Helicopter is fielded.
Fort Knox Godman Army Airfield
Congress provided $3,200,000 for the Fort Knox Godman Army
Airfield Area Surveillance Radar in the Department of Defense
Appropriations Act, 2008 (Public Law 110-116). Due to the
increasing cost of this initiative, the Army no longer
intends to purchase the radar and now plans to purchase
comparable air traffic control equipment with the funding.
The Army is directed to use the funds for this alternative
purpose at Fort Knox Godman Army Airfield.
MISSILE PROCUREMENT, ARMY
For Missile Procurement, Army, funds are to be available
for fiscal year 2009, as follows:
[[Page 21278]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.075
[[Page 21279]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.076
[[Page 21280]]
Javelin
The bill provides a total of $259,326,000 for the Javelin
Advanced Antitank Weapon System. Funds are appropriated to
procure a maximum of 81,391 all up rounds and 125,239 command
launch units.
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY
For Procurement of Weapons and Tracked Combat Vehicles,
Army, funds are to be available for fiscal year 2009, as
follows:
[[Page 21281]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.077
[[Page 21282]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.078
[[Page 21283]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.079
[[Page 21284]]
PROCUREMENT OF AMMUNITION, ARMY
For Procurement of Ammunition, Army, funds are to be
available for fiscal year 2009, as follows:
[[Page 21285]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.080
[[Page 21286]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.081
[[Page 21287]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.082
[[Page 21288]]
OTHER PROCUREMENT, ARMY
For Other Procurement, Army, funds are to be available for
fiscal year 2009, as follows:
[[Page 21289]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.083
[[Page 21290]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.084
[[Page 21291]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.085
[[Page 21292]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.086
[[Page 21293]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.087
[[Page 21294]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.088
[[Page 21295]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.089
[[Page 21296]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.090
[[Page 21297]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.091
[[Page 21298]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.092
[[Page 21299]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.093
[[Page 21300]]
High Mobility Multi-Purpose Wheeled Vehicles (HMMWV)
There is concern with the threat of Soldiers and Marines
becoming trapped in overturned HMMWVs. The Army and Marine
Corps are encouraged to outfit deployed HMMWVs with a means
of rapid emergency egress in the event that the vehicle's
doors are inoperable.
Limitation on Single Channel Ground and Airborne Radio System
(SINCGARS) Procurement
The bill includes $87,288,000 for the procurement of
SINCGARS radios. However, concerns remain about the ability
of the Army to adequately manage contracts to fulfill
increased operational requirements for SINCGARS radios. In
particular, recent acquisition decisions and justifications
by the Department of the Army raise questions about its
procurement strategies, especially as they relate to the
Joint Tactical Radio System (JTRS). Therefore, none of the
funds in this Act shall be used for procurement of SINCGARS
radios until the Secretary of Defense certifies to the
congressional defense committees that any such procurement of
SINCGARS radios will utilize full and open competition that
will provide best value for Army radio requirements including
consideration of multi-band, JTRS capable solutions.
Sniper Defeat
There is concern over the Army's slowly evolving approach
to providing materiel solutions to the field for Sniper
Defeat. To date, the Army has not requested funds for Sniper
Defeat in spite of the fact that this issue has been a major
concern since the spring of 2006. In February 2007, the Vice
Chief of Staff, Army directed that a soldier borne and
vehicle/fixed site system be designated as programs of
record. As of June 2008, the Army had neither designated a
program of record for either the soldier or fixed site
program nor had the Army programmed or budgeted any funds for
either of these efforts. A notional program schedule for the
soldier borne system revealed that initial procurement would
not occur until the end of fiscal year 2010 at the earliest.
This is an incorrect acquisition approach for what are
essentially off the shelf, go to war systems. The Army is
expected to budget sufficient funds to ensure all deploying
units are equipped with both soldier borne as well as
vehicle/fixed site capabilities during pre-deployment
training as well as during their deployment.
AIRCRAFT PROCUREMENT, NAVY
For Aircraft Procurement, Navy, funds are to be available
for fiscal year 2009, as follows:
[[Page 21301]]
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F/A-18 Super Hornet
Shortfalls exist in the Navy's strike-fighter inventory
caused by the aging of older tactical aircraft and the fact
that the F-35 Joint Strike Fighter program will not begin to
deliver carrier aircraft in significant quantities for
several years. In the most optimistic scenario, the shortfall
is approximately 69 aircraft and it could be well above that
level. To ensure that the Navy has sufficient aircraft for
the fleet, the Navy is encouraged to budget for a third
multi-year procurement of Super Hornet aircraft beginning in
fiscal year 2010. In addition, cost reduction measures which
will yield future savings for this program should be
explored.
WEAPONS PROCUREMENT, NAVY
For Weapons Procurement, Navy, funds are to be available
for fiscal year 2009, as follows:
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MK-54 Torpedo
The MK-54 Torpedo will combine features of several existing
torpedo programs with updated processing and software to
provide improved performance against modern day threats.
Development and performance issues have significantly delayed
the production of this weapon. The Navy has informed the
House and the Senate Committees on Appropriations that the
program has become backlogged to such a degree that
$23,000,000 of fiscal year 2008 funding will not be used for
fiscal year 2008 torpedo production, but provided to another
Navy priority. Increasing the lightweight torpedo inventory
is the sixth highest unfunded priority of the Navy.
Therefore, the Secretary of the Navy is directed to maintain
this funding in the program and use it to finance lightweight
torpedo requirements once the torpedo contractor demonstrates
a proven production method for the MK-54 program.
Mobile-User Objective System (MUOS)
In late June 2008, Congress was informed that the Mobile-
User Objective System (MUOS) program was encountering
problems that would delay the program and the launch of the
MUOS satellites. Due to this delay and the fact that the MUOS
program's integration and test plan schedule is based on an
Air Force satellite program that is several years behind
schedule, the recommendation reduces the request by
$163,500,000 for the launch vehicle for the second MUOS
satellite. However, the Navy has informed the Congress that
despite the current delays to the program, funding may still
be required in fiscal year 2009 to purchase the launch
vehicle for the second satellite. As such, a reprogramming
will be entertained if the Department of Defense determines
that, despite the current delays, funding is required to
procure a launch vehicle in fiscal year 2009.
PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS
For Procurement of Ammunition, Navy and Marine Corps, funds
are to be available for fiscal year 2009, as follows:
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SHIPBUILDING AND CONVERSION, NAVY
For Shipbuilding and Conversion, Navy, funds are to be
available for fiscal year 2009, as follows:
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Littoral Combat Ship (LCS)
The bill includes $1,020,000,000 for two LCS seaframes and
a rescission of $337,000,000 in fiscal year 2008 LCS funding.
Additionally, funds and material from fiscal year 2006 can be
used to supplement the fiscal year 2009 LCS program. Due to
industrial base concerns, the Navy is directed to make
contract awards for the two fiscal year 2009 LCS seaframes as
soon as practicable.
LPD-17
The bill includes $933,000,000 for the first year of split
funding for the LPD-26. The Navy is directed to budget for
the remaining funding requirement in fiscal year 2010.
Surface Combatant Funding
The bill includes $1,507,603,000 for the first year of
split funding for the DDG-1000 program. The Navy is directed
to budget for the remaining funding requirement in fiscal
year 2010 and to award a construction contract consistent
with the ship's current acquisition schedule and the Joint
Requirements Oversight Council (JROC) review described in the
next section. The bill also includes $200,000,000 in advance
procurement funding to preserve the option to restart the
DDG-51 class destroyer program.
Surface Combatant Review
The Navy's recent decision to truncate production of the
DDG-1000 Zumwalt Class destroyers and restart production of
the DDG-51 Arleigh Burke Class destroyers will require a
program review by the Joint Requirements Oversight Council
(JROC). Therefore, the Department is directed to complete a
JROC program review, as expeditiously as possible, that
examines the Navy's proposal and addresses the warfighting
requirements implications of this decision and revalidates
future surface combatant warfighting requirements prior to
the obligation of any fiscal year 2009 procurement funds for
either destroyer program.
Shipbulding Industrial Base Study
The Department's Cost Analysis Improvement Group is
conducting a study of the shipbuilding industrial base. The
Secretary of Defense is directed to submit the results of
that study to the congressional defense committees upon its
conclusion.
OTHER PROCUREMENT, NAVY
For Other Procurement, Navy, funds are to be available for
fiscal year 2009, as follows:
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PROCUREMENT, MARINE CORPS
For Procurement, Marine Corps, funds are to be available
for fiscal year 2009, as follows:
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Common Aviation Command and Control System (CAC2S)
CAC2S is intended to be a modernized, single command and
control system designed to replace and consolidate legacy
aviation command and air control systems. Since entering the
System Design and Demonstration phase in 2002, the program
has faced repeated technical hurdles and schedule delays. As
a result, the Marine Corps in June altered its acquisition
strategy, but did not provide detailed schedules and cost
estimates in support of the new acquisition strategy to
Congress. The bill provides $10,000,000 for CAC2S in fiscal
year 2009, a reduction of $39,339,000, and directs that none
of those funds may be obligated until 10 days after the
Marine Corps provides updated program details to the
congressional defense committees, to include cost estimates
and program schedules. It is noted that in the interim,
significant amounts of prior year funding remain available to
continue the upgrade of legacy systems.
AIRCRAFT PROCUREMENT, AIR FORCE
For Aircraft Procurement, Air Force, funds are to be
available for fiscal year 2009, as follows:
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MISSILE PROCUREMENT, AIR FORCE
For Missile Procurement, Air Force, funds are to be
available for fiscal year 2009, as follows:
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MINUTEMAN III MOTOR LIFE EXTENSION PROGRAM
The House and the Senate Committees on Appropriations are
awaiting an Air Force report requested in Senate Report 110-
155 accompanying the Department of Defense Appropriations Act
for Fiscal Year 2008, on the capability of the defense
industrial base to maintain, modernize, and sustain the
Minuteman III system until 2030, and on the industrial base's
capability to replace the Minuteman III with a follow-on
land-based strategic deterrent system after 2030. In the
interim, the Air Force is encouraged, at a minimum, to
continue a warm line status for Minuteman III propulsion
systems and to use funds provided for fiscal year 2009 to
initiate a Minuteman III motor life extension program.
PROCUREMENT OF AMMUNITION, AIR FORCE
For Procurement of Ammunition, Air Force, funds are to be
available for fiscal year 2009, as follows:
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OTHER PROCUREMENT, AIR FORCE
For Other Procurement, Air Force, funds are to be available
for fiscal year 2009, as follows:
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Other Procurement, Air Force Budget Justification Documents
During its budget review, the congressional defense
committees rely on justification documents. It is critical
that these budget justifications adhere to the guidelines set
forth in Department of Defense Financial Management
Regulations (FMR). The regulations clearly state that all
exhibits must include production schedules and, when
appropriate, both quantity and unit cost information. The
Other Procurement, Air Force (OPAF) justification book for
fiscal year 2009 includes few production schedules, and most
P-5 forms omit quantity and unit cost information. In order
to remedy these ommissions, the Air Force is directed to take
corrective actions to ensure its justification books fully
comply with FMR regulations.
Procurement, Defense-Wide
For Procurement, Defense-Wide, funds are to be available
for fiscal year 2009, as follows:
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Combat Mission Requirements
The Special Operations Command is directed to submit
quarterly reports to the congressional defense committees on
the use of funds provided in this title for Special
Operations Command combat mission requirements.
NATIONAL GUARD AND RESERVE EQUIPMENT
For National Guard and Reserve Equipment, funds are to be
available for fiscal year 2009, as follows:
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National Guard and Reserve Equipment
The bill provides $750,000,000 for the National Guard and
Reserve Equipment Account. Of that amount, $480,000,000 is
for the Army National Guard; $105,000,000 for the Air
National Guard; $52,500,000 for the U.S. Army Reserve;
$37,500,000 for the Navy Reserve; $37,500,000 for the Marine
Corps Reserve; and $37,500,000 for the Air Force Reserve to
meet urgent equipment needs that may arise this fiscal year.
The funding provided in the National Guard and Reserve
Equipment Account shall be executed by the heads of the Guard
and reserve components with priority consideration for
miscellaneous equipment given to items listed in the
``Essential 10 Equipment Requirements for the National
Guard'' as identified by the Chief, National Guard Bureau,
and as defined in the unfunded priority list for each reserve
component.
This funding will allow the Guard and reserve components to
procure high priority items such as: AB-FIST Gunnery Trainer
Upgrades; Advanced Targeting Pod Spiral Upgrade Kits; AESA--
Scanned Array Radar; AH-64 helicopter conversion from A model
to D model; Advanced Mission Extender Device; ARC-220 radios
for UH-60 Black Hawks; Ambulance Trucks; AN/AAQ-24 (LAIRCM)
for C-17, C-130, and KC-135R; AN/AVS-6; Armored Security
Vehicles; Bradley Operation Desert Storm Situational
Awareness (ODS SA) hardware kits; Combat Readiness Training
Centers (CRTC); Combined Arms Virtual Trainers; Electronic
Flight Information System upgrades and MPRS Modification
Programs for KC-135R; EPLRS Microlite; Engine Kits to Modify
the F 100-PW to the 220E configuration; Fuel Service tank
trucks; Defense Advanced GPS Receivers; F-15 Advanced Radar
Warning Receiver (RWR) Subset of Eagle Passive Active Warning
Survivability System (EPAWSS); F-15 Embedded GPS/INS (EGI);
F-15 Joint Helmet Mounted Cueing System (JHMCS); F16 Block 42
Engine Upgrades; F-16 Full Combat Mission Trainer (FCMT);
Fuel Catalyst Vehicle Retrofit; HC-130 AN/ARS-6v12 Recovery
Systems; HC-130 Multi Function Color Display; Heavy Expanded
Mobility Truck Wreckers with winch; Infrared Aircraft Deicing
systems; HH-60 Blackhawk medical evacuation helicopters;
Integrated Mechanical Diagnostic-Health and Usage Monitoring
system; Integrated Terrestrial and Satellite Emergency
Communications Capability (ITSECC); Joint Threat Emitter
(JTE) Production Acceleration; Large Aircraft Infrared
Counter-Measures; M1151 Up-Armored HMMHV; M249 Machine Gun;
M2 .50 Caliber Machine Gun; M777A2 Lightweight 155MM
Howitzer; Mine Resistant Ambush Protected Vehicle Virtual
Trainers; Minuteman Digitization Demonstration; Panoramic
Night Vision for HH-60s; Reset additional Bradley Fighting
Vehicle System (BFVS) M2/3 ODS vehicles to the BFVS M2/3 ODS
SA configuration; Rover III Receiver; Small Scale Joint
Service Transportable Decontamination System; T56 engine mod
kits; Tactical Cargo Trucks; Tandem Tether Parachutes; Tank
Gunnery Trainer, Tank Maneuver Trainer and Tabletop Full-
fidelity Trainer (TGT, TMT, and TFT) Tabletop Trainers;
Technisonic TDFM-6148; UH-60 A to L conversions; Telepresent
Rapid Aiming Platform (TRAP); UHF/VHF radios; Upgrade of
Eagle Vision VI; VCC+ (Very High Speed Integrated Circuitry
Central Computer (VHSICC) Plus); Virtual Convoy Operations
Trainers; and Virtual Door Gunner Trainers.
Modernization Priorities
Each National Guard and reserve component commander shall
submit to the congressional defense committees a detailed
assessment of that component's modernization priorities, not
later than 30 days after enactment of this Act. The National
Guard and reserve component commanders should exercise
control of the funds provided in this account, to better
ensure that the most urgent National Guard and reserve
equipment modernization priorities are addressed with the
funding provided in this appropriation.
Defense Production Act Purchases
For Defense Production Act Purchases, funds are to be
available for fiscal year 2009, as follows:
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TITLE IV--RESEARCH, DEVELOPMENT, TEST AND EVALUATION
For Research, Development, Test and Evaluation funds are to
be available for fiscal year 2009, as follows:
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Congressional Interest Items
Items for which additional funds have been provided as
shown in the project level tables or in paragraphs using the
phrase ``only for'' or ``only to'' are congressional interest
items for purposes of the Base for Reprogramming Department
of Defense form (DD Form 1414). Each of these items must be
carried on the DD Form 1414 at the stated amount, as
specifically addressed in these materials.
Technology and Industrial Base Considerations
Section 2440 of Title 10 of the United States Code
specifically addresses the need for consideration of
industrial base when developing and implementing acquisition
programs. The Secretary of Defense is directed to comply with
10 U.S.C. 2440 as it applies to the consideration of national
technology and industrial base in the development and
implementation of acquisition plans for each major defense
acquisition program. Additionally, the Secretary of Defense
is directed to provide a report to the congressional defense
committees within 30 days of enactment of this Act on how the
Department implements Section 2440 in the major defense
acquisition programs.
KC-135 Tanker Replacement Program
On September 10, 2008, the Secretary of Defense informed
the Congress that he was terminating the solicitation for the
KC-135 tanker replacement program. After seven years of
deliberation, the Department of Defense is no closer to
providing the warfighter with a replacement for the aged KC-
135s. The Department's latest decision could delay replacing
the tankers for several more years. The timing of the
Secretary's notification made it too late for the Congress to
undertake a comprehensive review of alternatives and mandate
a way forward that would be fair to all parties involved. The
Department of Defense needs to address this serious problem
as quickly as possible. The Department of Defense should
consider any practical option that would enable the
replacement of the KC-135s expeditiously to include the
possibility of awarding competitive contracts to more than
one offeror.
In light of the termination, the bill provides $62,500,000
in Operation and Maintenance, Air Force for modest upgrades
to the KC-135s to ensure continued reliability of the fleet.
In addition, funding is provided for program office
operations, termination costs, and anticipated claims from
the offerors.
Research, Development, Test and Evaluation (RDT&E) Program Element
Codes and Budget Justification Documents
Senate Report 110-155, accompanying the Fiscal Year 2008
Department of Defense Appropriations Act, recommended several
improvements to enhance the information provided to Congress
in the RDT&E budget documentation materials. This includes
the provision of specific information about activities
conducted and accomplishments achieved with prior year
funding; information on planned activities and their costs
for the budget year at the project level; the improvement of
cross references among projects; provision of schedules that
identify key events; updates to narratives that reflect prior
years' events; and the implementation of a more informative
display of programmatic, schedule and budgetary changes.
Improvements to the quality of the RDT&E budget justification
documents are expected to be made beginning with the fiscal
year 2010 budget submission.
Reprogramming Guidance for Acquisition Accounts
The Department of Defense is directed to continue to follow
the reprogramming guidance specified in the House Report (H.
Rept. 110-279) accompanying the Fiscal Year 2008 Department
of Defense Appropriations Act. Specifically, the dollar
threshold for reprogramming funds will remain at $20,000,000
for procurement, and $10,000,000 for research, development,
test and evaluation. The Department shall continue to follow
the limitation that prior approval reprogrammings are set at
either the specified dollar threshold or 20 percent of the
procurement or research, development, test and evaluation
line, whichever is less. These thresholds are cumulative.
Therefore, if the combined value of transfers into or out of
a procurement (P-1) or research, development, test and
evaluation (R-1) line exceeds the identified threshold, the
Department of Defense must submit a prior approval
reprogramming to the congressional defense committees. In
addition, guidelines on the application of prior approval
reprogramming procedures for congressional special interest
items are established elsewhere in this explanatory
statement.
Intelligence, Surveillance and Reconnaissance
The Secretary of Defense notified the House and the Senate
Committees on Appropriations of a number of urgent
Intelligence, Surveillance and Reconnaissance (ISR) needs for
fiscal year 2009 that were not contained in the budget
request. In order to respond to these emerging requirements,
an increase of $750,000,000 is provided in operation and
maintenance, procurement, and research, development, test and
evaluation accounts. The following table includes research,
development, test and evaluation funds provided in support of
this initiative.
[In thousands of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Line Account Item
--------------------------------------------------------------------------------------------------------------------------------------------------------
R-239.................................... CRDDW....................... Global Observer $40,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
Reprogramming Reporting Requirements
The Under Secretary of the Department of Defense,
Comptroller is directed to continue to provide the
congressional defense committees quarterly, spreadsheet-based
DD1416 reports for service and defense-wide accounts in
titles III and IV of this Act as required in the statement of
the managers accompanying the conference report on the
Department of Defense Appropriations Act, 2006.
Funding Increases
The funding increases outlined in these tables shall be
provided only for the specific purposes indicated in the
table.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY
For Research, Development, Test and Evaluation, Army, funds
are to be available for fiscal year 2009, as follows:
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Aerial Canopy Sensor Delivery System
The Department of Defense Appropriations Act, 2008,
provided in Research, Development, Test and Evaluation,
Defense-Wide, $1,000,000 in Line 27, SO/LIC Advanced
Development, for Aerial Canopy Sensor Delivery System. U.S.
Special Operations Command and the Army now concur that the
proper account for funding this program is Research,
Development, Test and Evaluation, Army, Line 45, Electronic
Warfare Technology. The Secretary of Defense is directed to
initiate a reprogramming action to provide the funds to the
Army for proper execution.
Warfighter Information Network--Tactical (WIN-T)
The budget request for fiscal year 2009 contains
$414,357,000 for Warfighter Information Network--Tactical
(WIN-T) research and development. Within that amount,
$330,438,000 is to continue research and development efforts
for WIN-T Increment 3, full networking on the move. There is
concern with the lack of definitized requirements and program
costs for Increment 3. Additionally, the revised program
acquisition baseline is not expected to be completed until
almost two years after the Nunn-McCurdy breach, creating an
uncertain basis for the budget request. Therefore, the amount
proposed in the budget request has been reduced by
$20,000,000. Additionally, the Comptroller General is
directed to continue his review of the WINT program under the
guidelines set forth in Senate Report 110-155.
Tungsten/Cobalt Alloy Carcinogen Study
There is concern with the potential carcinogenic nature of
tungsten/cobalt alloys and the Army is encouraged, in
conjunction with the research community, to undertake a study
to determine if tungsten/cobalt alloys are a probable human
carcinogen in either the manufacturing or employment of
ammunition and other defense equipment.
Rock Island Arsenal
The Rock Island Arsenal is undertaking efforts to
demonstrate small scale, clean energy conversion technology
to provide an uninterruptible source of energy for potential
use at Department of Defense facilities. The Army is
encouraged to determine what environmental, economic, and
safety benefits might be achieved by this energy initiative.
Neurotoxin Exposure Treatment Parkinson's Research Program
The United States Army Medical Research and Materiel
Command (USAMRMC) is advancing research in investigating the
underlying biologic mechanisms and therapeutic interventions
of neuro-degenerative effects caused by deployment,
environmental and occupational exposures. Therefore,
$25,000,000 is recommended for the continuation of this vital
research and other neurological disorders through
collaborative work between the military, a non-profit
organization and an academic laboratory with distinguished
scientific credentials in this field.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY
For Research, Development, Test and Evaluation, Navy, funds
are to be available for fiscal year 2009, as follows:
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Mine Warfare
The Mine Warfare Mission Modules onboard the Littoral
Combat Ships (LCS) will provide a significant portion of the
Navy's Mine Warfare capability. Delays in the fielding of the
LCS translate to a commensurate delay in fielding the mine
warfare capability provided by these platforms. Given that
the LCS will not be fully operational in significant numbers
until well into the next decade, the Nation cannot afford
such a delay to the mine warfare capability provided by the
associated mission modules. However, the mine warfare
capability provided by the mission modules can provide
benefit to the fleet even without the LCS platform.
Therefore, $3,800,000 is provided to the LCS mission module
development effort to research and study methods to employ
these modules independently of the LCS platform. The
Secretary of the Navy is directed to provide a report to the
congressional defense committees not later than June 30,
2009, detailing the results of this study and the plan for
the operational employment of the mine warfare mission
modules independent of the LCS.
Electromagnetic Aircraft Launching System (EMALS)
An additional $24,000,000 is provided to address cost
overruns in the Electromagnetic Aircraft Launching System
(EMALS) program. Due to continuing concerns about meeting the
schedule for integration into PCU Gerald R. Ford (CVN-78),
the Secretary of the Navy is directed to submit a report to
the congressional defense committees by April 1, 2009, which
shall contain a description of efforts to control cost and
schedule, an updated schedule for completion of research and
development efforts and integration into CVN-78, and an
assessment of aircraft launch system options for CVN-78,
including cost estimates of those options, if the EMALS
program experiences further delays.
Bone Marrow Registry
The bill includes $31,500,000 for the Department of the
Navy, to be administered by the C.W. Bill Young Marrow Donor
Recruitment and Research Program, also known as and referred
to within the Naval Medical Research Center as the Bone
Marrow Registry. Funds appropriated for the C.W. Bill Young
Marrow Donor Recruitment and Research Program shall remain
available only for the purposes for which they were
appropriated, and may only be obligated for the C.W. Bill
Young Marrow Program. This Department of Defense donor center
has recruited more than 475,000 Department of Defense
volunteers, and provides more marrow donors per week than any
other donor center in the Nation. More than 2,880
servicemembers and other Department volunteers from this
donor center have provided marrow to save the lives of
patients. The success of this national and international
life-saving program for military and civilian patients, which
now includes more than 7,000,000 potential volunteer donors
is admirable. Further, the agencies involved in contingency
planning are encouraged to continue to include the C.W. Bill
Young Marrow Donor Recruitment and Research Program in the
development and testing of their contingency plans. The
Department of Defense form (DD Form 1414) shall show this as
a congressional interest item. The Department is further
directed to release all the funds appropriated for this
purpose to the C.W. Bill Young Marrow Donor Recruitment and
Research Program within 60 days of enactment of this Act.
Joint Counter Radio-Controlled Electronic Warfare (JCREW)
The Navy has been designated as the executive agent for
JCREW 3.3 to protect personnel from improvised explosive
devices (IEDs), and is dependent upon transfer of funds from
the Joint IED Defeat Organization for critical science and
technology projects. Reliance on other sources of funding is
inconsistent with the Navy's role as executive agent for
JCREW 3.3. Therefore, the Secretary of the Navy is directed
to fund these enabling science and technology projects within
the Research, Development, Test and Evaluation, Navy account
in future budget requests.
Electric Propulsion Technology for Surface Combatants
Significant steps have been taken in developing more energy
efficient alternatives to the mechanical drive propulsion
systems currently powering Navy ships. Funding has been
provided for several years to mature electric propulsion
technologies to support current and future Navy needs, either
as an upgrade to DDG-51 or DDG-1000 class ships, or for the
next-generation cruiser. Therefore, due to the increased
flexibility, projected fuel savings and performance
enhancements provided by such technologies, the Secretary of
the Navy is directed to continue the exploration of electric
propulsion as an integrated part of its surface combatant
design and construction plan. Additionally, the Navy is
encouraged to continue the development of all-electric
technology by including funding in future Shipboard System
Component Development (Program Element 0603513N) budget
requests.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE
For Research, Development, Test and Evaluation, Air Force,
funds are to be available for fiscal year 2009, as follows:
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Maui Space Surveillance System (MSSS)
The bill provides an increase of $22,000,000 over the
budget request for sustainment, investment in new
technologies and initiatives, and research and development
activities at MSSS. The Air Force is directed to base its
overhead charges only on the amount requested. None of the
increases provided here shall be subject to Air Force taxes
or withholds. Furthermore, research funds should be allocated
by Air Force officials on-site to local programs that offer
the greatest potential return and merit.
Space Major Force Program
In the Fiscal Year 2008 Department of Defense
Appropriations Act, the Secretary of Defense was directed to
create a major force program category for space for the
future years defense program of the Department of Defense.
Further clarification toward this intent is required. The
virtual major force program has been an established measure
for several years and it is considered an acceptable
foundation for development of the final space major force
program inventory. The current virtual major force program
includes space-based assets and the associated non-space,
command, control, communications, and intelligence assets
supporting the space systems.
Space systems are not just the satellites resident in the
exo-atmosphere butalso include the associated terminal
programs. In the past, these terminal programs were
desynchronized from the space platforms due to funding
shortfalls and schedule delays. In the future, a tighter
coupling of these programs is required. Therefore, these
terminal programs must be included in the space major force
program inventory. The Department of Defense is directed to
implement the final space major force program prior to the
submission of the fiscal year 2011 budget. Furthermore, six
months after enactment of this Act, the Secretary of Defense
is directed to report to the congressional defense committees
the status of the population and development of the space
major force program.
Missile Warning
The current Defense Support Program constellation of
satellites is aging and needs to be replaced. The Air Force
has been pursuing the Space Based Infrared Satellite System--
geosynchronous (SBIRS-GEO) component for over a decade and
the development is almost complete. A sister system, Space
Based Infrared Satellite System--highly elliptical orbit
(SBIRS-HEO) has launched, successfully initialized, and is
providing extraordinary data, well beyond expectations.
However, the SBIRS-HEO component is not fully integrated into
the ground system, so the data products are not fully
exploited. Therefore, the bill includes $15,000,000 above the
budget request to be used for increased SBIRS-HEO ground
integration and data exploitation.
Furthermore, to date the Department of Defense has not
planned for additional SBIRS-GEO satellites. In order to
avoid a production break and the associated costs, the
Department of Defense is directed to begin procurement of the
fourth and fifth SBIRS-GEO satellites in the fiscal year 2010
budget request.
National Security Space Office
The original intent of the National Security Space Office
(NSSO) was to provide the Executive Agent for Space with an
analysis team that would make recommendations to the
priorities, capabilities and budgets of both the Department
of Defense and intelligence community space programs. In
recent years, the NSSO has lost the support of the National
Reconnaissance Office, which has provided no funding for the
NSSO, and the Air Force and other Department of Defense
organizations have used the NSSO as personal staff. The
Secretary of Defense and the Director of National
Intelligence are directed to assess the roles and
responsibilities of the NSSO and to report back to the
congressional defense oversight committees by May 15, 2009.
Coal to Liquid Fuels
The Congress understands that the Air Force is strongly
committed to an energy strategy that looks to certify their
entire fleet of aircraft on a synthetic fuel blend by 2011,
with the intent to purchase 50 percent of their aviation fuel
used in the United States in the form of a synthetic fuel
blend by 2016. Part of this strategy involves examining at
the feasibility, cost effectiveness, and environmental
impacts of building coal-to-liquid fuel (CTL) plants,
utilizing enhanced-use leasing authorities. It is envisioned
that these plants would be built in strategic locations,
where there are abundant coal and water resources to operate
these plants. Consistent with the Air Force vision and
availability of resources necessary for a CTL plant, a total
of $10,000,000 is provided only to support Air Force efforts
in siting and contracting for such a plant on Eielson Air
Force Base. This funding is split between Operation and
Maintenance, Air Force, and Research, Development, Test and
Evaluation, Air Force accounts.
The Secretary of the Air Force is directed to submit a
report to the congressional defense committees no later than
April 1, 2009, which provides the framework for a joint
partnership between the Department of Defense and a private
developer, to include an associated milestone schedule, a
preliminary design, engineering studies, and the plan to
accomplish any required environmental work.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE
For Research, Development, Test and Evaluation, Defense-
Wide, funds are to be available for fiscal year 2009, as
follows:
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Energy Strategy for the Department Of Defense
Achieving improved energy efficiency, which includes
reduced consumption, expanded sources of supply as well as a
reduction in our dependence on foreign oil are possibly the
greatest national security challenges facing our nation.
In 2006, according to the Defense Science Board, the
Department of Defense consumed 110,000,000 barrels of premium
fuel and 3,800,000,000 kilowatt hours of electricity at a
cost of $13,600,000,000. Of this amount, $10,000,000,000 was
spent on fuel for combat and combat-related systems, and
another $3,600,000,000 to power the Department of Defense's
infrastructure. The major challenges to fuel efficiency are
operational, tactical and fixed based.
The most recent Defense Science Board Task Force is but the
latest in a long line of reports addressing the necessity for
a reduction in the fuel burden. The 2001 Defense Science
Board Task Force report entitled, ``More Capable Warfighting
through Reduced Fuel Burden,'' stated that 70 percent of the
tonnage the Army ships into battle is associated with fuel
logistics and that multiple technologies were available at
all levels of maturity that could reduce demand. Furthermore,
it advocated ``including fuel efficiency as a key performance
parameter in all operational requirements documents and
capstone requirements documents.'' It was not until 2007 that
the Department issued a memorandum making it policy to
include the fully burdened cost of delivered energy in trade
off analyses conducted for all tactical systems and
identified only three pilot programs.
While the Department is the leading consumer of fuel in the
U.S., the Air Force is the leading consumer of fuel within
the Department. The Air Force has been in the forefront on
alternative fuels and is on the path to qualify all Air Force
aircraft on a coal-based jet fuel by 2012. The challenge in
using coal-based jet fuels is directly dependent upon carbon
capture and sequestration to mitigate CO2
emissions.
The Department is provided $20,000,000 to initiate research
into carbon capture and sequestration technology for the
future production of coal-based jet fuel. The Department is
encouraged to budget for the continued research of this
initiative in the fiscal year 2010 request. The Secretary of
Defense is directed to provide the congressional defense
committees with specific plans for utilizing these funds to
include specific details and goals not later than 90 days
after enactment of this Act.
Similarly, in the fixed base, there is a near total
reliance on the commercial power grid. Efforts to raise the
issue and support alternative and/or renewable energy sources
for the Department of Defense have been sporadic at best.
The Department of Defense's scattered efforts to address
the energy issue throughout its organization is coupled with
minimal centralized policy and oversight. The Defense Science
Board Task Force went on to say, ``decisions that create
energy demand are dispersed organizationally across the
Department and throughout the services. There is no unifying
vision, strategy, or metrics or governance structure with
enterprise-wide energy in its portfolio.''
The Department of Defense can no longer rely on such
haphazard approaches to energy. Our future national security
and military readiness demands swift action guided by a clear
mandate.
The Secretary of Defense is encouraged to appoint a senior
official to be responsible for energy efficiency. Further,
the Department is directed to address comprehensively and
submit a report, not later than June 15, 2009, regarding
energy efficiency and how it will be given greater importance
and weight in all aspects of the Department's resource
allocation process.
Transformational Medical Technologies Initiative (TMTI)
The fiscal year 2009 budget request includes $240,900,000
for the Transformational Medical Technologies Initiative
(TMTI) in program elements 0601384BP, 0602384BP and 0603384BP
of the Chemical and Biological Defense Program, an increase
of $105,000,000 over the amount appropriated in fiscal year
2008. Of the amount requested for fiscal year 2009, more than
half, or $123,900,000, is requested for new start projects,
an increase of $78,300,000 over the amount provided for new
projects in fiscal year 2008. This growth for new starts is
excessive at this juncture in the program and the request for
new start projects in fiscal year 2009 is reduced by
$70,000,000. The Special Assistant, Chemical and Biological
Defense is directed to provide the annual TMTI report (as
detailed in Senate Report 109--292) with the submission of
the fiscal year 2010 budget request.
Defense Advanced Research Projects Agency (DARPA)
The fiscal year 2009 budget request for DARPA is
$3,285,569,000, an increase of $326,493,000, more than 10
percent, over the fiscal year 2008 appropriated program of
$2,959,076,000. In recent years, DARPA has repeatedly
underexecuted its funded program level, executing a fiscal
year 2005 program that was nine percent below the
appropriated program and a fiscal year 2006 program that was
twelve percent below the appropriated program. Based on
program execution to date, DARPA will likely continue that
trend for the fiscal year 2007 and 2008 programs. While
DARPA's continued underexecution can partially be explained
by its fiscally responsible management approach of
withholding funds from projects that fail to demonstrate
progress, doubts exist about DARPA's ability to responsibly
manage such a large increase. Therefore, the bill provides
$3,142,229,000, a reduction of $143,340,000 from the request.
The Director of DARPA is directed to provide to the
congressional defense committees not later than 60 days after
enactment of this Act a report that details by program
element and project the application of undistributed
reductions made in this Act.
The conference reports accompanying the fiscal year 2007
and 2008 Department of Defense Appropriations Acts cited the
lack of individual project level detail provided in DARPA's
budget justification materials. While the high-risk nature of
many DARPA projects makes it hard to pinpoint detailed
schedules, there is concern about the lack of detail provided
for individual projects regarding their scope, notional
schedule and overall funding requirements. Moreover, project
funding is often adjusted from one year to the next without
justification. DARPA is directed to provide greater
programmatic detail for its projects in its justification
materials beginning with the fiscal year 2010 budget request.
Further, DARPA is encouraged to continue to pursue transition
plans for all of its Advanced Technology Development
programs. The Director of DARPA is directed to submit with
the fiscal year 2010 budget submission the report on
transitions that was initiated in fiscal year 2009.
New Starts in the Year of Execution
The fiscal year 2009 budget request includes no less than
$176,770,000 in the Research, Development, Test and
Evaluation, Defense-Wide account for new start programs that
will be selected and initiated in fiscal year 2009, an
increase of $61,766,000 from the amount above the fiscal year
2007 level. While there is awareness of the need for certain
programmatic flexibility to address urgent unfunded
requirements, this level of funding is unjustified,
particularly in light of the fact that several projects
continue to be resourced from these funds over a sustained
period of time without transitioning to funded programs of
record. Additionally, congressional notification of programs
initiated with these funds has been lagging and inconsistent.
Therefore, the bill reduces the request for these programs by
ten percent.
Joint Report on Coal-to-Liquid Fuels
The Secretary of Defense, in coordination with the
Department of Energy's Office of Fossil Energy is directed to
submit a report to the congressional defense committees no
later than March 31, 2009, on alternatives to reduce the life
cycle emissions of coal-to-liquid fuels and potential uses of
coal-to-liquid fuels to meet the Department of Defense's
mobility energy requirements. The report shall examine, at a
minimum, the following: the potential clean energy
alternatives for powering the coal-to-liquids conversion
processes, including nuclear, solar, and wind energies; the
alternatives for reducing carbon emissions during the coal-
to-liquids conversion processes; and the military utility of
coal-to-liquid fuels for military operations and for use by
expeditionary forces compared with the military utility and
life cycle emissions of mobile, in-theater synthetic fuel
processes.
Infrared Focal Plane Arrays
Infrared Focal Plane Arrays (IFPA) are the key to infrared
sensor systems widely used by the military. New and improved
military capabilities will require the development of new and
more complex arrays. Recent reports reveal that the United
States, which has traditionally held the lead in IFPA
technology, is falling behind. This poses the very real
threat that the United States government could lose control
of this technology. The Department of Defense is directed to
review developments in this critical area and report on the
status of the United States' competitive position, and if
warranted, provide a plan of action to remedy the situation.
This report should be submitted no later than 90 days after
enactment of this Act.
Climate Change and National Security
Climate change is a key environmental issue that has
national security implications. The Department of Defense
should assess the impact of climate change on our coasts,
water resources, and other geographic and environmental
components of the United States national security. The
Department of Defense should also establish a baseline set of
indicators for assessing climate change and a set of tools
for measuring its future impact on those aspects of climate
change that could affect our national security.
Missile Defense Agency (MDA) Reporting Requirements and Justification
Materials
The budget information provided by the MDA does not allow
sufficient oversight of
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the Ballistic Missile Defense programs. The programs change
significantly from the time the budget is submitted to the
time funding is appropriated, making it extremely difficult
to understand what is actually in the budget on an annual
basis. The justification materials should no longer be
presented in the block structure format, but rather by fiscal
year for each activity within the program element. The
documents must provide more detailed schedules, quantities,
and break-outs of funding for each activity.
Past Congresses have established a framework of laws that
require program and cost reporting to Congress to help
exercise this oversight. The MDA is directed to report
according to the existing acquisition laws to improve
accountability and transparency of the programs.
Near-Term Missile Defense Programs
In order to execute a balanced program, the Missile Defense
Agency (MDA) must continue to field the near-term missile
defense programs, primarily Ground-Based Missile Defense
(GMD), AEGIS Ballistic Missile Defense (BMD), and Theater
High Area Altitude Defense (THAAD) programs. Funding for
fielding these programs, however, is sacrificed each year to
pay for the development of futuristic missile defense
programs. Therefore, the bill reduces funding for several of
the far-term programs, such as the Multiple Kill Vehicle, the
Airborne Laser, and Space Test Bed and provides an additional
$120,000,000 for enhancements to the GMD, AEGIS and THAAD
programs. The MDA is directed to provide a report to the
congressional defense committees by December 1, 2008, on how
those additional funds will be allocated to the programs.
The Joint Capability Mix (JCM) study, conducted by the
Joint Staff, concluded that U.S. combatant commanders need
about twice as many Standard Missile-3 and THAAD interceptors
as currently planned to meet minimum operational requirements
for defending against short and medium-range ballistic
missiles. The MDA's highest priority should be to achieve the
minimum levels of interceptor inventories identified in the
JCM study and the Department of Defense should budget
accordingly in its fiscal year 2010 budget submission.
European Capability--Third Site
Three separate program elements are recommended for the
European Missile Defense sites in order to provide adequate
visibility of these initiatives and to ensure that funding
for the Ground-Based Missile Defense, Sensors, and Command
and Control program elements are not adversely impacted by
the European sites.
The bill provides $467,150,000 for European missile defense
and development and testing of the two-stage interceptor. The
first program element provides $363,250,000 for the
development and testing of the two-stage interceptors and the
interceptor site planned for Poland. The bill provides
$182,900,000 for development and testing of the two-stage
interceptors; $19,200,000 for long-lead components for two-
stage interceptors; and $65,500,000 for site planning, design
and activation. Due to the delay in ratification of a missile
defense agreement with Poland, funding for missile field
equipment is reduced by $82,550,000 and communications by
$13,100,000, half of the request.
The second program element provides $76,800,000 for the
European Midcourse Radar (EMR) to be located in the Czech
Republic. The bill provides $15,800,000 for site planning,
design and activation, but reduces funding for sensor
equipment by $15,000,000 and communications by $6,000,000 due
to at least a three month delay in ratification of an
agreement with the Czech government in fiscal year 2009.
The third program element provides $27,100,000 for the
European Global Engagement Manager and U.S. Communications
for the European sites. Due to the delay in ratifying
agreements with the European host sites, the request is
reduced by $14,000,000. The bill provides no funding for the
European Forward Based Radar (AN-TPY-2) since a location has
not been determined for the site.
These estimates do not include costs for barracks, family
housing or any other costs normally associated with
infrastructure of a cantonment area of a military facility.
Also, the estimate does not include personnel costs for
manning the facilities.
Space Tracking and Surveillance System (STSS)
It is premature for the Missile Defense Agency to move
forward with a follow-on STSS constellation until after a
successful launch and thorough analysis of the STSS
demonstrator data. No funding is provided to begin work on an
STSS follow-on constellation, an STSS gap filler, space
sensor research and development, or any other space
demonstration program.
Flight Test Delays and Cancellations
As one of the largest research, development, test and
evaluation programs in the Department of Defense, the Missile
Defense Agency (MDA) has established a pattern of cost,
schedule and performance problems. Tests were delayed or
cancelled in fiscal years 2006, 2007 and 2008 and it is not
unreasonable to assume that some of the tests planned for
fiscal year 2009 will likely slip into subsequent fiscal
years. The MDA annually conducts operational testing of the
Ballistic Missile Defense System through a series of planned
tests which are outlined in the Integrated Master Test Plan
(IMTP). The numbers reflected in the IMTP only address
successful flights of a missile. Rates of delay,
cancellations or changes that occur annually in the testing
programs and which affect the programming and budgeting of
future years are not addressed.
In fiscal years 2006 through 2008, the MDA conducted
approximately 85 percent of the planned tests in the same
fiscal year as originally scheduled. The MDA's fiscal year
2009 test schedule reflects 13 flight tests with 77 percent
of these tests scheduled for the third and fourth quarters of
2009. The fiscal year 2009 test schedule contains two major
flight tests to support Ground-Based Midcourse Defense (FTG-
05 and FTG-06). Combined, these tests cost approximately
$300,000,000. Department of Defense officials have expressed
concern that FTG-06 will not have a target vehicle to support
the test within fiscal year 2009. Therefore, the Missile
Defense Agency is directed to report to the congressional
defense committees by January 15, 2009, on the state of the
testing program and what funding shortfalls exist, if any.
Targets
The Missile Defense Agency (MDA) has renewed its focus and
commitment to the target program and must continue this
momentum in order to achieve optimal production and
deliveries. In order to ensure that the program office has
the proper oversight of all funding for the targets program,
the bill transfers the entire request for targets from the
individual program elements to the Test and Target program
element.
The bill provides an additional $32,000,000 above the
budget request for the flexible family of targets to initiate
an inventory build up of critical long lead hardware items.
However, there are additional funding shortfalls for targets
that need to be addressed in fiscal year 2009. The MDA should
submit an above threshold reprogramming to the congressional
defense committees to ensure that this important component of
missile defense testing is adequately funded. In addition,
MDA should adequately address shortfalls in its out-year
budget requests for targets to continue inventory buildup to
ensure proper support of the rigorous testing program planned
beginning in fiscal year 2010.
Terminal High Altitude Area Defense (THAAD)
The bill transfers $65,000,000 from Program Element
0603881C to Procurement, Defense-Wide, Line 95, as identified
by the Missile Defense Agency (MDA) to recover schedule and
mitigate production line gaps for Fire Unit #3 and #4. The
MDA is directed to identify additional funds to ensure
production line continuity.
Standard Missile-3 (SM-3) Interceptors
The bill transfers $57,100,000 from Program Element
0603892C to Procurement, Defense-Wide, Line 95, for advance
procurement of SM-3 Block 1A interceptors.
Aegis Ballistic Missile Defense
Management of the kill vehicle for the Standard Missile-
Block II is being done by the Kill Vehicle program office
instead of the AEGIS program. The AEGIS program has had a
long history of success working with the Navy to manage the
entire development and fielding of the Standard Missile, and
any change in management could result in a delay to the
program. Therefore, the AEGIS program is directed to manage
all current and future Standard Missile development and
upgrades for ballistic missile defense, including the kill
vehicles.
Space-Based Interceptor Study
The bill provides $5,000,000 to support the study outlined
in section 236 of S. 3001, the National Defense Authorization
Act for Fiscal Year 2009.
Operational Test and Evaluation, Defense
For Operational Test and Evaluation, Defense, funds are to
be available for fiscal year 2009, as follows:
[[Page 21461]]
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[[Page 21462]]
TITLE V--REVOLVING AND MANAGEMENT FUNDS
For Revolving and Management Funds, funds are to be
available for fiscal year 2009, as follows:
[[Page 21463]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.236
[[Page 21464]]
DEFENSE WORKING CAPITAL FUNDS
For the Defense Working Capital Funds, $1,489,234,000 is
provided for fiscal year 2009.
NATIONAL DEFENSE SEALIFT FUND
For the National Defense Sealift Fund, $1,666,572,000 is
provided for fiscal year 2009.
[[Page 21465]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.237
[[Page 21466]]
Ship Financing Guarantee Program
The bill provides $48,000,000 for the ship financing loan
guarantee program administered by the Maritime
Administration. The Secretary of the Navy is directed to work
in conjunction with the Administrator of the Maritime
Administration to ensure this funding is used for the loan
guarantee program established under chapter 537 of title 46,
United States Code.
TITLE VI--OTHER DEPARTMENT OF DEFENSE PROGRAMS
For Other Department of Defense Programs, funds are to be
available for fiscal year 2009, as follows:
[[Page 21467]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.238
[[Page 21468]]
DEFENSE HEALTH PROGRAM
For the Defense Health Program, funds are to be available
for fiscal year 2009, as follows:
[[Page 21469]]
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[[Page 21470]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.240
[[Page 21471]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.241
[[Page 21472]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.242
[[Page 21473]]
Defense Health Program Reprogramming Procedures
There is concern regarding the transfer, lack of proper
budgeting and the reprogramming of funds from Direct (or In-
house) Care to other budget activities within operation and
maintenance. To limit transfers and enhance Congressional
oversight within the Defense Health Program operation and
maintenance account, language is included in the accompanying
bill which limits the funds available for Private Sector Care
under the TRICARE program subject to prior approval
reprogramming procedures. The bill language and accompanying
statement should not be interpreted by the Department as
limiting the amount of funds that may be transferred to the
Direct Care system.
In addition, the services are not properly budgeting for
actual execution levels among the budget activity groups.
Therefore, the Direct Care System funding will continue to be
designated as a congressional special interest item. Any
transfer of funds from the Direct (or In-house) Care budget
activity into the Private Sector Care budget activity or any
other budget activity shall require the Department of Defense
to follow prior approval reprogramming procedures.
The Navy and the Air Force budget requests for In-House
Care are in excess of actual requirements. Therefore, funds
have been transferred from Navy and Air Force In-House Care
to other budget activities to reflect estimated funding
requirements.
In addition, the Department of Defense is directed to
review budget execution data for all of the Defense Health
Program accounts and to adequately reflect changes to the
budget activities requested by the services in future budget
submissions beginning in fiscal year 2010.
Private Sector Care Reduction
The bill has reduced the Private Sector Care Budget
Activity Group by $200,000,000 as a result of routine health
care for servicemembers and their families returning to the
military treatment facilities from private sector care. The
actual private sector care funding required in fiscal year
2008 was $200,000,000 below the budget request, as
demonstrated by prior approval reprogramming (FY08-11)
submitted to the congressional defense committees by the
Department of Defense.
Carryover
The bill provides a one percent carryover for fiscal year
2009 operation and maintenance. The Assistant Secretary of
Defense for Health Affairs is directed to submit to the
congressional defense committees within 30 days after
enactment of this Act a detailed spending plan for the fiscal
year 2008 designated carryover funds.
The Assistant Secretary of Defense for Health Affairs is
also directed to submit justification to the congressional
defense committees not later than January 15, 2009, as to the
continuing need to provide carryover in future budgets. In
addition, the Department shall, not fewer than 15 days prior
to executing the carryover funds, notify the congressional
defense committees in writing of the details of any such
obligation.
Strategic Communications
In 2007, the Assistant Secretary of Defense for Health
Affairs (ASD(HA)) and the Military Health System (MHS)
established an office for MHS Strategic Communications to
address and respond to the various issues related to wounded
warrior and the MHS. According to the Department of Defense,
this new office was created to coordinate with the
communications offices within the MHS and the services to
serve as a hub for the MHS to respond to questions and
interviews from the press, to manage and maintain the MHS web
site, and to develop communication products and messages. In
addition to creating and staffing this new office, the
Department recently awarded a $3,900,000 contract to provide
contracted personnel and to advise the Director, MHS
Strategic Communications office in the execution of the MHS
Strategic Communications Plan. There is great concern that
the services provided through this contract are duplicative
to the roles and responsibilities of the staff employed in
this office. Therefore, the Assistant Secretary of Defense
for Health Affairs and the Under Secretary of Defense for
Personnel and Readiness are directed to provide a report to
the congressional defense committees, not later than March 6,
2009, that details the roles, responsibilities, staffing, and
resources of the strategic communications office and a
detailed justification of this contract. The Department is
further restricted from extending this contract without the
approval of the defense subcommittees of the Committees on
Appropriations of the House and the Senate.
Traumatic Brain Injury and Psychological Health
Traumatic brain injury (TBI) and psychological health
issues have emerged as a significant cause of death to the
war fighters in Iraq and Afghanistan. Whether mild, moderate
or severe brain injury, the level of assessment and standard
of care provided to the war fighter is in need of
enhancement. Diagnosis, treatment, and rehabilitation must be
at a level to ensure the best possible outcome. To this end,
the bill includes $300,000,000 above the budget request to
address all levels of brain injury and psychological health
issues that servicemembers and their families have
experienced during the Global War on Terror. The Department
is expected to request any additional resources for these
requirements in the upcoming supplemental request for fiscal
year 2009.
The Department continues to work diligently to establish a
center of excellence to provide specialized treatment and
rehabilitation for brain injured troops, but much more is
needed and the Department is expected to continue to provide
the necessary care and treatment to servicemembers and their
families. The vast majority of disabled troops will
ultimately return to their home communities, which may be far
removed from specialized centers. Therefore, the
identification of local services is crucial to an appropriate
rehabilitation plan and the Department of Veterans Affairs
and military centers should coordinate with civilian centers
to guarantee that optimal treatments and assistance are
available throughout the country.
The Department is aware of gaps within TBI and
psychological treatment methods that need to be addressed.
The Department is expected to continue working with the
Department of Veterans Affairs, Department of Health and
Human Services, academia and industry to focus on the
research and treatment necessary to address the gaps that
have been identified.
An area of particular interest is the provision of
appropriate and accessible counseling to servicemembers and
their families who live in locations that are not close to
military treatment facilities, other Military Health System
health facilities or TRICARE providers. Web-based delivery of
counseling has significant potential to offer counseling to
personnel who otherwise might not be able to access it.
Therefore, the Department is directed to establish and use a
web-based Clinical Mental Health Services Program as a way to
deliver critical clinical mental health services to
servicemembers and their families in rural areas. Further,
the Department is directed to report to the congressional
defense committees on how they have incorporated a web-based
program within the Defense Center of Excellence (DCoE) and
its entities by March 16, 2009.
Funding provided in this bill is also to be used for the
development and operation of the DCoE and the various
centers, programs and initiatives that fall within its
purview and resources to support the service medical
departments as they continue to build and expand their TBI
and psychological health capacity through initiatives and
many supportive programs. Other initiatives, such as
telehealth, clinical standards supporting TBI and
psychological health, and training and education outreach
should also be included.
Funding has also been provided to continue medical research
and development on TBI and psychological health. The
following research topics are recommended for consideration
under this program: studies of mental health disorders and
Post Traumatic Stress Disorder (PTSD) to include
neuropsychiatric studies, biochemical mechanisms that
underlie human emotional reactions to combat stress and
resulting clinical disorders, metrics for mental health
assessment and methods to evaluate and improve PTSD
rehabilitation efforts; studies of Traumatic Brain Injury
(TBI) including basic research on neural injury treatments,
cell replacement and regrowth strategies, specific therapies
to prevent and reverse spinal cord and other neuro-traumatic
damage, pharmaceutical interventions to stimulate neural
circuits, ``activity-based'' physical therapy, and extended
rehabilitation focused on impairments in vision and cognitive
functioning; clinical research of blast-related cell damage
and the resulting effects on neurological response; 3D models
of IED blast waves to develop equipment to mitigate injury to
service members; a fully automated, self contained,
disposable chip to diagnose TBI at the point of onset; DA-EEG
assessment and MRI quantization to allow an accurate
assessment of TBI; computational approaches to integrate
global transcriptomics and proteomics information to
indentify the biological networks altered following TBI;
studies of PTSD and/or TBI including basic research in
neurorehabilitation, the integration of informatics, and
advanced computational research to analyze brain tissue and
activities, the use of advanced neuroimaging, behavioral and
genetic information to develop biomarkers, diagnostics, and
treatments for semi-acute and chronic injury stages. Funding
provided for research and development shall incorporate all
aspects of research in the areas of TBI and psychological
health by conducting basic science and translational research
for the purposes of understanding the etiology and developing
preventive interventions and new treatments and evaluating
the outcomes to arrive at best-practice solutions. This
requirement includes incorporating training, combat theater
operations, and post deployment evidence-based preventive and
early intervention measures, practices, or procedures to
reduce the likelihood that personnel in combat will develop
PTSD or other stress-related conditions or sustain traumatic
brain injuries.
[[Page 21474]]
Increasing the Availability and Access to Mental Health Services
There is continued concern with the Department of Defense
regarding mental health care for servicemembers returning
from Operation Enduring Freedom and Operation Iraqi Freedom.
Reports outlining gaps in coverage and poor access to care,
especially in large rural and urban areas that support a
large population of returning servicemembers are troubling.
In addition to the negative impact on servicemembers and
their families, the failure to appropriately provide these
services places a heavy financial and infrastructure burden
on communities and local governments.
Therefore, the Department of Defense is directed to make
funds available for projects and programs throughout the
United States that (1) serve a high population of returning
servicemembers; (2) encompass both large rural and urban
areas; and (3) have an existing infrastructure that utilizes
a combination of local mental health associations, community
support networks, private sector mental health care provider
networks, and universities for the purpose of enhancing the
local access, delivery, education and outreach of mental
health services for servicemembers and their families.
Diabetes Research
The growth of type I and type II diabetes in the United
States, specifically the growing number of children, teens
and young adults is of concern. The health care expenditures
associated with treatment of this disease are drastically
increasing. Without proper medical care, monitoring and
patient education, diabetes results in health consequences
and eventually death. Nutrition, early detection, diagnosis
and treatment are essential to alleviate this trend.
The bill provides $15,500,000 for the Air Force Diabetes
Program. Of the funds provided, $4,000,000 shall be for type
I diabetes and $11,500,000 shall be for type II diabetes.
Within the $11,500,000 provided for type II diabetes,
$8,500,000 shall not be obligated until a new strategic plan,
including a full estimate of the program by year has been
submitted to and approved by the Air Force Surgeon General.
The Air Force Surgeon General is directed to review the
Diabetes Program on a monthly basis to ensure that all goals
and milestones are reached prior to obligation of funding
provided in fiscal year 2009. Prior to obligating funds
within the limitation specified above, the Air Force Surgeon
General shall submit a report to the congressional defense
committees which provides specific details for all funding
provided for this program.
Finally, the Diabetes Program is directed to look at new
and innovative ways such as metabolic research, physiology
and holistic approaches that would be beneficial, while
working in conjunction with the current program, to the
military and civilian populations.
Peer-Reviewed Cancer Research Program
The bill provides $16,000,000 for a peer-reviewed cancer
research program that would research cancers not addressed in
the breast, prostate and ovarian cancer research programs
currently executed by the Department of Defense, and
specifically the U.S. Army Medical Research and Materiel
Command (USAMRMC).
The funds provided are directed to be used to conduct
research in the following areas: $4,000,000 for research of
melanoma and other skin cancers as related to deployments of
servicemembers to areas of high exposure; $2,000,000 for
research of pediatric brain tumors within the field of
childhood cancer research; $8,000,000 for genetic cancer
research and its relation to exposure to the various
environments that are unique to a military lifestyle; and
$2,000,000 for non-invasive cancer ablation research into
non-invasive cancer treatment including selective targeting
with nano-particles.
The funds provided under the Peer-Reviewed Cancer Research
Program shall be used only for the purposes listed above. The
Department of Defense is directed to provide a report by
March 16, 2009, to the congressional defense committees on
the status of this new Peer-Reviewed Cancer Research Program
as to the relevance of this type of research for
servicemembers and their families.
Warriors in Transition
Fiscal year 2008 has proven that the military's system for
housing, treating, transitioning and integrating soldiers
after injury is extremely challenged. The problems occurred
on many levels from failed infrastructure, rehabilitative
care, and administrative process, to policy incongruities
between the Department of Defense and the services. Warriors
in transition are defined as soldiers that meet the
qualifications for medical hold, medical holdover or active
duty medical extension, and active component soldiers who
require a medical evaluation board or have medical needs
requiring more than six months of treatment.
It is perplexing that this situation continues despite all
of the effort expended to prevent it. Therefore, the bill
provides an additional $240,000,000 to the $319,000,000
within Base Operations for facilities sustainment,
restoration and modernization for the Army, Navy and Air
Force, to continue improving the facilities that care for our
servicemembers and their families.
The Secretary of Defense is directed to report to the
congressional defense committees by March 16, 2009, on how
the Department is executing the funding provided and that the
funding is being used for the highest priorities as submitted
by the services. Additional resources have been provided to
the services in the past and the Department must make
adjustments to budget submissions to reflect these
requirements of the Military Health System.
The above issues, coupled with the increasing number of
soldiers entering the disability process, have adversely
affected the capability to timely meet the needs of both the
soldiers and the services. The process of warrior transition
will continued to be followed and the Secretary of Defense is
directed to report quarterly to the congressional defense
committees on the status of warrior transition improvements
and requirements.
Vision Research
The Department of the Army is continually assessing new
technologies and therapies to address the ocular issues of
servicemembers. Current research targets the causes, effects,
and treatment of eye damage and diseases that, despite their
different mechanisms and pathogenesis, all have a common end
result: degeneration of the critical components of the eye
and impairment or loss of vision. In order to implement
therapeutic strategies to prevent or treat visual problems
common to combat soldiers, the Army needs to develop and
validate compounds and strategies. Therefore, the bill
provides $4,000,000 for vision research and directs the Army
to target the various causes, effects and treatment of visual
injury resulting from exposures to the elements during combat
operations, and damage from explosive devices. This type of
research will ultimately be used to ensure and sustain combat
readiness.
Peer-Reviewed Lung Cancer Research
The bill includes $20,000,000 for lung cancer research.
Lung cancer is the most lethal of all cancers taking more
lives each year than all the other major cancers combined.
Furthermore, the five-year survival rate for lung cancer
remains 15 percent and a major challenge is that 70 percent
of the diagnoses are late stage. Military personnel have
heightened exposure to lung cancer carcinogens. These funds
shall be for competitive research and the establishment of a
tissue bank. Priority shall be given to the development of
the integrated components to identify, treat and manage early
curable lung cancer. The Army is expected to provide a plan
for these funds and to include Walter Reed Army Medical
Center in the formulation of this plan. The plan shall be
submitted to the congressional defense committees 120 days
after enactment of this Act.
Spinal Cord Injury Medical Research and Treatment
Spinal cord injuries are one of the many serious wounds
resulting from conflicts in Iraq and Afghanistan that require
many levels of research and treatment. Significant funding
has been provided for research and treatment for neuro-
traumatic wounds. However, given the complexity of these
types of injuries and the steep learning curve associated
with establishing effective treatment regimes, there is much
more to be done.
For the coming years, research into regenerating damaged
spinal cords and improving rehabilitation therapies offers
real promise for enhancing the long-term care of wounded
soldiers. The bill provides $35,000,000 to establish a
competitive, peer-reviewed spinal cord injury research and
treatment program. The Secretary of Defense is directed to
submit a report to the congressional defense committees not
later than 120 days after enactment of this Act that
describes the criteria to be used to determine how these
funds are to be allocated.
Peer-Reviewed Medical Research Program
The bill provides $50,000,000 for a Peer-Reviewed Medical
Research Program. The Secretary of Defense is directed, in
conjunction with the Service Surgeons General, to select
medical research projects of clear scientific merit and
direct relevance to military health. Research areas
considered under this funding are restricted to: Alcoholism,
Autoimmune Diseases, Blood Cancer, Childhood Asthma, Drug
Abuse, Epilepsy, Kidney Cancer, Listeria Vaccine for
infectious disease and cancer, Lupus, Mesothelioma, Molecular
Signatures in Tumors, Neuroblastoma, Osteoporosis and related
bone disease, Paget's Disease, Pediatric Cancer, Polycystic
Kidney Disease, Social Work Research, Tinnitus, and West Nile
Virus Vaccine. Additional funding provided under the Peer-
Reviewed Medical Research Program shall be devoted only to
the purposes listed above.
U.S. Army Medical Research Institute for Infectious Diseases (USAMRIID)
The community remains concerned over the Army's planned
expansion of bio-safety level 3 and 4 laboratories at the
U.S. Army Medical Research Institute for Infectious Diseases
(USAMRIID) at Fort Detrick, Maryland. Though the Army has
completed the
[[Page 21475]]
National Environmental Policy Act process to assess the
impact of the expansion on the environment, significant
concerns continue to exist in the local community as to
whether the assessments of potential health and safety risks
and the strategies to mitigate those risks are sufficient.
The Secretary of the Defense is directed to enter into an
arrangement with the National Academy of Sciences under which
the Academy shall carry out a study to evaluate the analyses
of health and safety risks to the surrounding community
conducted as part of National Environmental Policy Act
process for the planned expansion of bio-safety level 3 and
level 4 labs of the USAMRIID, to be completed no later than
March 1, 2010. The Academy shall submit to the congressional
defense committees a report on the study at the same time
that such report is submitted to the Secretary of the
Defense.
TRI-Service Nursing Research Program
The bill includes $6,400,000 to continue the Tri-Service
Nursing Research Program. The Department of Defense is urged
to include this program in future budget requests. This
program provides funding for peer-reviewed research studies
conducted by active duty and reserve military nurses on
topics of military nursing that might not be competitive in
other funding venues. This program is an essential tool for
the retention of our military nurses. The Assistant Secretary
of Defense for Health Affairs, in conjunction with the
Service Surgeons General and the Nursing Corps Chiefs are
directed to provide a report to the congressional defense
committees, by April 25, 2009, that details the number and
topic areas of research proposals submitted and funded and a
detailed accounting of the entire program, including
administrative costs, overhead and travel.
Centers of Excellence at WRAMC/WRNMMC
This bill includes $40,000,000 for the following Centers of
Excellence at the current Walter Reed Army Medical Center:
Breast Care, Gynecologic, Prostate, Pain and Neuroscience,
and Integrated Cardiac Health (Wellness). These Centers are
in the forefront in the advancement of modern medical care.
It is encouraging that the Department has recognized the
importance of these Centers to the welfare of our
servicemembers and their families and has included them in
the construction plans for the new Walter Reed National
Military Medical Center.
Therefore, the Secretary of Defense is directed to include
funding for these centers beginning with the fiscal year 2010
budget submission.
Life-Preserving Blood Technologies
There are blood technologies that hold great promise to
increase survival rates of our wounded military and improve
standard of care. The Assistant Secretary of Defense for
Health Affairs, in consultation with the Service Surgeons
General, is directed to submit a report to the congressional
defense committees no later than March 30, 2009, that
provides an assessment of the feasibility and advisability of
accelerating research, development, and fielding of blood
technologies that will improve the capacity to save lives of
members of the Armed Forces receiving combat medical care.
The technologies to be addressed by the report shall include,
but not be limited to, extended life red blood cells,
cryogenic storage of white blood cells, cryo-preserved
platelets, hemoglobin-based oxygen carriers, and freeze dried
plasma.
COHORT/ACIMS
The COHORT/ACIMS project has the potential to benefit
future systems integration within the Military Health System
and its connectivity with the Veterans Administration.
Continuation and integration of this innovative and timely
technology should be made a priority by the Chief Information
Officers of the Air Force Surgeon Generals Office and Health
Affairs. The Department of Defense is urged to provide the
necessary resources to continue this valuable development
effort.
Medical Care in the National Capital Region
The construction of ``world class'' hospitals at both the
new Walter Reed National Military Medical Center and Fort
Belvoir is a necessity. Servicemembers and their families
deserve nothing less. However, there is concern that this is
not going to occur under the current approach of the
Department of Defense. For example, the high degree of
concurrency within the program and the total lack of adequate
planning and design have resulted in an increased cost of the
new Walter Reed National Military Medical Center from the
estimate of $201,000,000 in May 2005 to $940,000,000 in early
calendar year 2008. Even with these increases the Department
of Defense has not included funding for eight items at the
new Walter Reed National Military Medical Center, not the
least of which are the Warrior Clinic, Warrior in Transition
housing, enlisted housing, and parking. Furthermore, the
Department of Defense and the community have yet to solve how
ingress and egress will be affected to support a facility for
which the daily population of patients and staff will
increase by over 4,000 individuals.
The number of patient visits per year for the three
existing hospitals is currently in excess of 1,500,000. The
transition to two new facilities will be a daunting challenge
under the best of circumstances. The Secretary of Defense is
directed to provide a thorough and detailed milestone
schedule which outlines projected construction completion,
prove out of the facilities, and transition of staff
personnel as well as the care for service members and their
families to the congressional defense committees within 120
days of enactment of this Act.
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE
For Chemical Agents and Munitions Destruction, Defense,
funds are to be available for fiscal year 2009, as follows:
[[Page 21476]]
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[[Page 21477]]
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[[Page 21478]]
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE
For Drug Interdiction and Counter-Drug Activities, Defense,
$1,096,743,000 is provided for fiscal year 2009.
[[Page 21479]]
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[[Page 21480]]
SOUTHCOM Funding
Funding for numerous systems and activities is shared
between SOUTHCOM's operation and maintenance budget and the
Department of Defense counternarcotics budget. The Command
Management System is one notable example where the division
of responsibility is unclear. The Department is urged to
reevaluate the methodology SOUTHCOM uses to determine which
portion of these systems and activities should be funded
through its normal operating budget and which should be
funded through counternarcotics funding streams. This
evaluation will ensure that SOUTHCOM is taking financial
responsibility for its baseline programs similar to other
Combatant Commanders which do not have the large
counternarcotics funding streams.
JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND
The bill does not provide funding for the Joint Improvised
Explosive Device Defeat Organization. The request of
$496,300,000 was addressed in the previously enacted fiscal
year 2009 supplemental appropriations. Additional
requirements will be addressed in subsequent supplemental
appropriations for fiscal year 2009.
Terrorist Explosive Device Analytical Center
The Joint IED Defeat Organization (JIEDDO) is to be
commended on its work with the Federal Bureau of
Investigation's Terrorist Explosive Device Analytical Center
(TEDAC) to provide a unified partnership between law
enforcement, intelligence, and the U.S. military to
technically and forensically exploit IEDs. This relationship
is yielding actionable intelligence that contributes to
offensive anti-terror missions and to the force protection of
the United States and coalition assets around the globe. The
JIEDDO is encouraged to maintain and cultivate this
relationship in the future.
OFFICE OF THE INSPECTOR GENERAL
For the Office of the Inspector General, $271,845,000 is
provided for fiscal year 2009.
[[Page 21481]]
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[[Page 21482]]
TITLE VII--RELATED AGENCIES
For Related Agencies, funds are to be available for fiscal
year 2009, as follows:
[[Page 21483]]
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[[Page 21484]]
Classified Annex
Adjustments to the classified programs are addressed in a
separate detailed and comprehensive classified annex. The
Intelligence Community, Department of Defense and other
organizations are expected to fully comply with the
recommendations and directions in the classified annex
accompanying the Department of Defense Appropriations Act,
2009.
Central Intelligence Agency Retirement and Disability System Fund
For the Central Intelligence Agency Retirement and
Disability Fund, $279,200,000 is provided for fiscal year
2009.
Intelligence Community Management Account
(including transfer of funds)
For the Intelligence Community Management Account,
$710,042,000 is provided for fiscal year 2009, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget
request Recommended
------------------------------------------------------------------------
Intelligence Community Management Account..... 685,042 710,042
Language Mentorship Program incorporating ........... 800
an electronic portfolio..................
National Drug Intelligence Center ($22.5 19,500 44,000
million for NDIC, $2 million for
Department of Air Force Personnel).......
------------------------------------------------------------------------
Total, ICMA............................. 685,042 710,042
------------------------------------------------------------------------
The bill provides for a transfer of $44,000,000 to the
Department of Justice for the National Drug Intelligence
Center to support the Department of Defense's counter-drug
intelligence responsibilities, of which $2,000,000 is for
reimbursement for Air Force personnel.
Intelligence Community Highly Qualified Employee (HQE) Authority
Within 30 days of the enactment of this Act, the Director
of National Intelligence is directed to implement the highly-
qualified-employee, ``HQE'' authority throughout the
Intelligence Community. The Department of Defense first
successfully used this authority to hire a business systems
expert to help the Secretary of Defense work toward a clean
financial audit opinion on annually appropriated defense
funds. The Director of National Intelligence is directed to
follow precedence in fiscal year 2009 and use this hiring
authority to supplement the Business Transformation Office
with at least seven private sector business systems experts.
Taking this step will assist the Intelligence Community in
implementing tools and techniques which will improve the
National Intelligence Program and the Military Intelligence
Program business processes and overall financial management.
Intelligence Community Facilities/Real Estate Management
The Director of National Intelligence is directed to
develop a coordinated strategy and subsequent Community- wide
policy for meeting its future validated infrastructure needs.
Further, the Director of National Intelligence is directed to
provide the congressional intelligence committees with an
Intelligence Community Facilities Management Strategy and a
Facilities Condition Index for all Intelligence Community
buildings over 20,000 square feet within 180 days of
enactment of this Act. Finally, future Intelligence Community
infrastructure requests should include a greater influence of
``green'' or sustainable building practices. The American
people expect the Community to be a leader when it comes to
cutting edge technologies, and embracing ideas such as
``green'' buildings should be prominent in all future
infrastructure strategy documents.
Intelligence Community Chief Human Capital Officer
The Intelligence Community Civilian Joint Duty Program has
the potential to break down barriers to information sharing
and collaboration, transform the culture of the Intelligence
Community, and help the Community achieve its strategic
goals. All Intelligence Community elements are directed to
participate fully in the program and the Community's senior
leadership is expected to support the program, encourage
their employees to take rotational assignments, and break
down any bureaucratic barriers to the smooth implementation
of the program as required by law. Further, that the
Intelligence Community has studied other pay-for-performance
efforts, both within the Community and the rest of government
is encouraging. The executive branch started implementing
this effort on September 14, 2008, and therefore the
Intelligence Community is directed to ensure that full
implementation of the system follows the principles of merit,
transparency and fairness in a manner which is deliberate and
methodical. Finally, semi-annual updates are expected to be
provided to the Committees on Appropriations beginning within
30 days of the enactment of this Act.
Controlled Access Programs
The Director of National Intelligence shall provide
notification of the establishment of National Intelligence
Program-funded Controlled Access Programs to the
congressional intelligence committees.
National Drug Intelligence Center
The National Drug Intelligence Center's mission includes
providing strategic domestic intelligence, supporting the
intelligence community's counterdrug efforts and document
exploitation. The National Drug Intelligence Center has
already been tasked to produce a drug threat assessment which
examines the illicit drug trade in Iraq and the threat it
poses to United States interests. The National Drug
Intelligence Center's document exploitation capability is
already recognized throughout the law enforcement community
as an invaluable aid to advancing the investigation and
prosecution of drug traffickers, money launderers, or any
criminal intent on attacking the national security interests
of the United States. The Director of National Intelligence
is directed to assess the National Drug Intelligence Center's
capabilities and report to the congressional intelligence
committees on those capabilities within 180 days of enactment
of this Act.
TITLE VIII--GENERAL PROVISIONS
The bill includes the following general provisions. A
description of each provision follows.
Language is included that provides that no funds made
available in this Act may be used for publicity or propaganda
purposes not authorized by Congress.
Language is included that provides for conditions and
limitations on the payment of compensation to, or employment
of, foreign nationals.
Language is included that provides that no funds made
available in this Act may be obligated beyond the end of the
fiscal year unless a greater period of availability is
provided elsewhere in the Act.
Language is included that provides a 20 percent limitation
on the obligation of funds provided in this Act during the
last two months of the fiscal year.
Language is included that provides for the general transfer
authority of working capital funds to other military
functions.
Language is included specifying that adjustments to
programs, projects, and activities included in the
``Explanation of Project Level Adjustments'' that are
increases above the budget are incorporated into law.
Transfers within an appropriation account, among programs,
projects and activities do not require general transfer
authority as stipulated in Section 8005 of the accompanying
Act. However, such transfers are subject to normal prior
approval reprogramming procedures if such transfers exceed
thresholds described elsewhere in this statement. Transfers
between appropriation accounts are subject to the provisions
of Section 8005 of the accompanying Act, and are also subject
to prior congressional approval.
Language is included that provides for the establishment of
a baseline for application of reprogramming and transfer
authorities for fiscal year 2009.
Language is included that provides for upgrades to Air
Force Ranges in Alaska.
Language is included that provides for limitations on the
use and transfer authority of working capital fund cash
balances.
Language is included that provides that none of the funds
appropriated in this Act may be used to initiate a special
access program without prior notification to the
congressional defense committees.
Language is included that provides limitations and
conditions on the use of funds made available in this Act to
initiate multi-year contracts.
Language is included that provides for the use and
obligation of funds for humanitarian and civic assistance
costs under Chapter 20 of title 10, United States Code.
Language is included that provides that civilian personnel
of the Department may not be managed on the basis of end
strength or be subject to end strength limitations.
Language is included that prohibits funds made available in
this Act from being used to influence congressional action on
any matters pending before the Congress.
Language is included that prohibits compensation from being
paid to any member of the Army who is participating as a
full-time student and who receives benefits from the
Department of Defense Education Benefits Fund when time spent
as a full-time student is counted toward that member's
service commitment.
Language is included that restrict studies and public
private competitions regarding converting any activity or
function performed by civilian employees of the Department of
Defense to contractor performance with certain exceptions.
Language is included that provides for the transfer of
funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program.
Language is included that provides for the Department of
Defense to purchase anchor and mooring chains manufactured
only in the United States.
Language is included that prohibits funds made available to
the Department of Defense from being used to demilitarize or
dispose of surplus firearms.
Language is included that provides a limitation on funds
being used for the relocation of any Department of Defense
entity into or within the National Capital Region.
Language is included that provides for incentive payments
authorized by section 504
[[Page 21485]]
of the Indian Financing Act of 1974 (25 U.S.C. 1544).
Language is included that provides that no funds made
available in this Act for the Defense Media Activity may be
used for national or international, political or
psychological activities.
Language is included that restricts funds from being used
to perform cost studies under OMB Circular A-76.
Language is included that provides for the obligation of
funds for purposes specified in section 2350j(c) of title 10,
United States Code.
Language is included that makes funds available for the
Civil Air Patrol Corporation.
Language is included that provides for the number of staff
years of technical effort that may be funded for defense
Federally Funded Research and Development Centers (FFRDC).
Language is included that provides for the Department of
Defense to procure carbon, alloy or armor steel plate melted
and rolled only in the United States and Canada.
Language is included that defines the congressional defense
committees as being the Armed Services Committees and the
Subcommittees on Defense of the Committees on Appropriations
of the House of Representatives and Senate.
Language is included that provides for competitions between
private firms and Department of Defense Depot Maintenance
Activities.
Language is included that provides for revocation of
blanket waivers of the Buy American Act upon a finding that a
country has violated a reciprocal trade agreement by
discriminating against products produced in the United States
that are covered by the agreement.
Language is included that provides for the availability of
funds for purposes specified in section 2921(c)(2) of the
1991 National Defense Authorization Act, namely facility
maintenance and repair and environmental restoration at
military installations in the United States.
Language is included that provides for the conveyance,
without consideration, of relocatable housing units located
at Grand Forks and Minot Air Force Bases to Indian Tribes
located in North and South Dakota, Montana, and Minnesota.
Language is included that provides authority to use
operation and maintenance appropriations to purchase items
having an investment item unit cost of not more than
$250,000.
Language is included that prohibits the use of Working
Capital Funds to purchase specified investment items.
Language is included that provides that none of the funds
appropriated for the Central Intelligence Agency shall remain
available for obligation beyond the current fiscal year
except for funds appropriated for the Reserve for
Contingencies, the Working Capital Fund, or certain other
programs authorized under section 503 of the National
Security Act.
Language is included that provides that funds available for
the Defense Intelligence Agency may be used for intelligence
communications and intelligence information systems for the
Services, the Unified and Specified Commands, and the
component commands.
Language is included that provides for the availability of
funds for the mitigation of environmental impacts on Indian
lands resulting from Department of Defense activities.
Language is included that provides for the Department of
Defense to comply with the Buy American Act (title III of the
Act entitled ``An Act making appropriations for the Treasury
and Post Office Departments for the fiscal year ending June
30, 1934, and for other purposes'').
Language is included that provides conditions under which
contracts for studies, analyses or consulting services may be
entered into without competition on the basis of an
unsolicited proposal.
Language is included that provides for the limitations of
funds made available in this Act to establish Field Operating
Agencies.
Language is included that provides grant authorities for
the Department of Defense acting through the Office of
Economic Adjustment.
(Rescissions)
Language is included that provides for the rescission of
$1,320,473,000 from the following programs:
2008 Appropriations:
Aircraft Procurement, Army:
Armed Reconnaissance Helicopter........................$174,600,000
Procurement of Ammunition, Army:
Signals..................................................69,200,000
Shipbuilding and Conversion, Navy:
Littoral Combat Ship....................................337,000,000
Research, Development, Test and Evaluation, Army:
MILSATCOM Ground Environment (Space).....................49,800,000
Research, Development, Test and Evaluation, Air Force:
Classified Programs......................................50,000,000
DSRP....................................................163,573,000
Tanker Replacement.......................................72,000,000
Electronic Warfare Development-MALD Schedule Delay.......14,500,000
Research, Development, Test and Evaluation, Defense-Wide:
DARPA...................................................150,000,000
Tanker Replacement Transfer Fund..........................239,800,000
Language is included that prohibits funds made available in
this Act from being used to reduce authorized positions for
military (civilian) technicians of the Army National Guard,
Air National Guard, Army Reserve and Air Force Reserve unless
such reductions are a direct result of a reduction in
military force structure.
Language is included that provides that none of the funds
made available in this Act may be obligated or expended for
assistance to the Democratic People's Republic of Korea
unless appropriated for that purpose.
Language is included that provides for reimbursement to the
National Guard and Reserve when members of the National Guard
and Reserve provide intelligence or counterintelligence
support to the Combatant Commands, Defense Agencies and Joint
Intelligence Activities.
Language is included that prohibits funds made available in
this Act from being used to reduce civilian medical and
medical support personnel assigned to military treatment
facilities below the September 30, 2003, level unless the
Service Surgeons General certify to the congressional defense
committees that it is a responsible stewardship of resources
to do so.
Language is included that provides that Defense and Central
Intelligence Agencies' drug interdiction and counter-drug
activity funds may not be transferred to other agencies
unless specifically provided in an appropriations law.
Language is included that prohibits the use of funds
appropriated by this Act for the procurement of ball and
roller bearings other than those produced by a domestic
source and of domestic origin.
Language is included that provides for the Department of
Defense to purchase supercomputers manufactured only in the
United States.
Language is included that prohibits the use of funds made
available in this or any other Act to transfer administrative
responsibilities or budgetary resources of any program,
project, or activity financed by this Act to the jurisdiction
of another Federal agency not financed by this Act without
expressed authorization of the Congress.
Language is included that provides for prior congressional
notification of article transfers to international
peacekeeping organizations.
Language is included that prohibits the use of funds made
available in this Act for contractor bonuses from being paid
due to business restructuring.
Language is included that provides for the transfer of
funds to be used to support personnel supporting approved
non-traditional defense activities.
Language is included that provides for the Department of
Defense to dispose of negative unliquidated or unexpended
balances for expired or closed accounts.
Language is included that provides conditions for the use
of equipment of the National Guard Distance Learning Project
on a space-available, reimbursable basis.
Language is included that provides for the availability of
funds provided by this Act to implement cost-effective
agreements for required heating facility modernization in the
Kaiserslautern Military Community, Germany.
Language is included that provides for the limitation on
the use of funds appropriated in Title IV to procure end-
items for delivery to military forces for operational
training, operational use or inventory requirements.
Language is included that provides in perpetuity for the
use of funds made available in this Act for the
transportation of relief supplies to American Samoa and the
Indian Health Service.
Language is included that prohibits the use of funds made
available in this Act from being used to approve or license
the sale of the F-22A advanced tactical fighter to any
foreign government.
Language is included that provides for a waiver of the
``Buy America'' provisions for certain cooperative programs.
Language is included that prohibits the use of funds made
available in this Act to support the training of members of
foreign security forces who have engaged in gross violations
of human rights.
Language is included that provides for the Department to
develop, lease or procure T-AKE class ships with main
propulsion engines and propulsors manufactured only in the
United States by a domestically operated entity.
Language is included that prohibits the use of funds made
available in this Act for repairs or maintenance to military
family housing units.
Language is included that provides obligation authority for
new starts for advanced
[[Page 21486]]
concept technology demonstration projects only after
notification to the congressional defense committees.
Language is included that provides that the Secretary of
Defense shall provide a classified quarterly report on
certain matters as directed in the classified annex
accompanying this Act.
Language is included that prohibits the use of funds made
available to the Department of Defense to provide support to
an agency that is more than 90 days in arrears in making
payments to the Department of Defense for goods or services
provided on a reimbursable basis.
Language is included that provides for the use of National
Guard personnel to support ground-based elements of the
National Ballistic Missile Defense System.
Language is included that prohibits the use of funds made
available in this Act to transfer to any nongovernmental
entity ammunition held by the Department of Defense that has
a center-fire cartridge and is designated as ``armor
piercing'' except for demilitarization purposes.
Language is included that provides for a waiver by the
Chief, National Guard Bureau or his designee for all or part
of consideration in cases of personal property leases of less
than one year.
Language is included that prohibits funds made available in
this Act from being used to purchase alcoholic beverages.
Language is included that provides for the use of funds
made available to the Department of Defense for the Global
Positioning System.
Language is included that provides for the transfer of
funds made available in this Act under ``Operation and
Maintenance, Army'' to other activities of the Federal
Government for classified purposes.
Language is included that provides for the forced matching
of disbursement and obligations made by the Department of
Defense in fiscal year 2009.
Language is included that provides grant authority for the
construction and furnishing of additional Fisher Houses to
meet the needs of military family members when confronted
with the illness or hospitalization of an eligible military
beneficiary.
Language is included that provides the Secretary of
Defense, in coordination with the Secretary of Health and
Human Services, the authority to distribute surplus dental
and medical equipment to Indian Health Service facilities and
to federally-qualified health centers.
Language is included that provides funding and transfer
authority for the Arrow Missile Defense Program.
Language is included that provides for the transfer of
funds to properly complete prior year shipbuilding programs.
Language is included that none of the funds available to
the Department of Defense may be obligated to modify command
and control relationships to give Fleet Forces Command
administrative and operational control of U.S. Navy forces
assigned to the Pacific Fleet.
Language is included that provides for the noncompetitive
appointments of certain medical occupational specialties, as
prescribed by section 7403(g) of Title 38, United States
Code.
Language is included that provides that funds made
available in this Act are deemed to be specifically
authorized by Congress for purposes of section 504 of the
National Security Act of 1947.
Language is included that prohibits the use of funds made
available in this Act to initiate a new start program without
prior written notification.
Language is included that provides authority for the
Secretary of the Army to make a grant only to the Center for
Military Recruitment, Assessment and Veterans Employment.
Language is included that provides funds for public schools
with unusually high concentrations of special needs military
dependents.
Language is included which provides the Secretary of
Defense the authority to make grants in the amounts
specified.
Language is included that directs the financing,
development and fielding of the Non-Line-of-Sight Cannon,
including the delivery of pre-production prototypes.
Language is included that provides that the budget request
for fiscal year 2010 shall include separate budget
justification documents for costs of the United States Armed
Forces' participation in Contingency Operations for military
personnel, operation and maintenance, and procurement
accounts.
Language is included that prohibits funds made available in
this Act from being used for the research, development, test,
evaluation, procurement or deployment of nuclear armed
interceptors of a missile defense system.
Language is included that permits Operation and
Maintenance, Navy funds to be used to repair, maintain and
operate flood control systems adjacent to the Pacific Missile
Range Facility.
Language is included that prohibits funds made available in
this Act from being used to reduce or disestablish the
operation of the 53rd Weather Reconnaissance Squadron of the
Air Force Reserve.
Language is included that prohibits funds made available in
this Act from being used for the integration of foreign
intelligence information unless the information has been
lawfully collected and processed during conduct of authorized
foreign intelligence activities.
Language is included that provides that at the time members
of Reserve components of the Armed Forces are called or
ordered to active duty, each member shall be notified in
writing of the expected period during which the member will
be mobilized.
Language is included that provides that the Secretary of
Defense may transfer funds from any available Department of
the Navy appropriation to any available Navy ship
construction appropriation to liquidate costs caused by rate
adjustments or other economic factors.
Language is included that provides for the use of current
and expired Shipbuilding and Conversion, Navy subdivisions to
reimburse the Judgment Fund.
Language is included that prohibits transfer of program
authorities relating to current tactical unmanned aerial
vehicles (TUAV) from the Army.
Language is included that provides in perpetuity
limitations for the reimbursement of any health care provider
for inpatient mental health services.
Language is included that provides authorities to the Joint
Interagency Training and Education Center, for homeland
defense/security and traditional warfighting training.
Language is included that provides authority to the
Secretary of Defense to adjust wage rates for civilian
employees hired for certain health care occupations.
Language is included that provides permanent authority to
conduct a continuing cooperative program in the proviso in
title II of Public Law 102-368 under the heading ``Research
Development, Test and Evaluation, Defense Agencies''.
Language is included that provides the U. S. Pacific
Command the authority to obligate funds for humanitarian and
security assistance within the theater of operation.
Language is included that has been added and limits the
obligation authority of funds provided for the Director of
National Intelligence to the current fiscal year except for
research and technology which shall remain available for the
current and the following fiscal years.
Language is included to adjust the budget by Congressional
Budget Office inflation indices.
Language is included that provides for the adjustment of
obligations within the Shipbuilding and Conversion, Navy
appropriation.
Language is included that provides that not more than 35
percent of the funds made available in this Act for
environmental remediation may be obligated under indefinite
delivery/indefinite quantity contracts with a total contract
value of $130,000,000 or higher.
Language is included that provides for the creation of a
major force program category for space for the Future Year
Defense Program of the Department of Defense.
Language is included that prohibits award fees to any
defense contractor contrary to the provisions of section 814
of the National Defense Authorization Act, Fiscal Year 2007
(Public Law 109-364).
Language is included that prohibits the use of funds made
available in this Act to establish any permanent military
installation or base in Iraq.
Language is included that requires the Intelligence
Community to submit certain budget exhibits, as described in
the Department of Defense Financial Management Regulation,
for procurement and research, development, test and
evaluation programs.
Language is included that prohibits the use of funds made
available in this Act to contravene laws enacted or
regulations promulgated to implement the United Nations
Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment.
Language is included that provides limitations on the use
of funds made available in this Act to pay negotiated
indirect cost rates on agreements or arrangements between the
Department of Defense and nonprofit institutions.
Language is included that directs the Secretary of Defense
to maintain on the Department of Defense website a link to
Office of the Inspector General of the Department of Defense.
Language is included that prohibits transfers of funds
until the Director of National Intelligence submits a
baseline for application of reprogramming and transfer
authorities.
Language is included that directs the Director of National
Intelligence to provide a future-years intelligence program
with the President's budget submission to Congress.
Language is included that defines congressional
intelligence committees.
Language is included that directs that the Department
continue to report incremental contingency operations costs
for Operation Iraqi Freedom (OIF) and Operation Enduring
Freedom (OEF) on a monthly basis in the Cost of War Execution
Report as required by Department of Defense Financial
Management Regulation.
[[Page 21487]]
Language is included that provides for a transfer of lands,
easements, Air Installation Compatible Use Zones, and
facilities at NASJRB Willow Grove.
Language is included that provides for stop loss special
pay.
Language is included that extends the statute of
limitations during wartime.
Language is included that provides for incentives of
downblending of highly enriched uranium by the Russian
Federation.
Language is included that provides for a reduction of
excess cash balances in the Department of Defense Working
Capital Funds.
DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS
Following is a list of congressional earmarks and
congressionally directed spending items (as defined in clause
9 of rule XXI of the Rules of the House of Representatives
and rule XLIV of the Standing Rules of the Senate,
respectively) included in the bill or this explanatory
statement, along with the name of each Senator, House Member,
Delegate, or Resident Commissioner who submitted a request to
the Committee of jurisdiction for each item so identified.
Neither the bill nor the explanatory statement contains any
limited tax benefits or limited tariff benefits as defined in
the applicable House and Senate rules.
DEFENSE
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Requester(s)
Account Project Amount ----------------------------------------------------------------------------------------
House Senate
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,A Air Warrior-Joint Service Vacuum Packed Life Raft (AW-JSVPLR) $2,400,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,A Aircraft Component Remediation 1,600,000 Sessions
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,A CAAS--Pilot Vehicle Interface 1,600,000 Hinchey Grassley, Harkin, Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,A Cockpit Air Bag System (CABS) 1,600,000 Pastor
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,A Forward Looking Infrared System for New York National Guard 1,600,000 King (NY), Arcuri, Gillibrand, Hall (NY), Schumer
Israel
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,A HH-60A to HH-60L Upgrades for the 204th TN ARNG 8,000,000 Alexander
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,A Light Utility Helicopter 32,600,000 Cochran, Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,A UH-60 Improved Communications (ARC 220) for the ARNG 1,600,000 Latham, Bishop (UT) Bennett, Grassley, Harkin, Hatch, Landrieu
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,A UH-60 MEDEVAC Thermal Imaging Upgrades 1,600,000 Capps, Hooley Smith, Wyden
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,A UH-60A Rewiring Program 5,000,000 Granger
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,A Vibration Management Enhancement Program 800,000 Graham
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,A Vibration Management Enhancement Program 2,500,000 Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,A Vibration Management Enhancement Program (Note: For SC ARNG) 2,000,000 Clyburn
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,AF C-130 Active Noise Cancellation System (ANCS) 1,600,000 Tiahrt
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,AF Civil Air Patrol 5,000,000 Tiahrt Roberts
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,AF F-15 Improved Radio Communications (ARC 210) 2,400,000 Harkin, Hatch, Grassley, Landrieu, Smith,
Wyden
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,AF F-15C/D MSOGS Retrofit 5,000,000 Grassley, Harkin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,AF F-16C Fire Control Computers for the 114th Fighter Wing 1,440,000 Herseth Sandlin Johnson, Thune
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,AF Large Aircraft Infrared Countermeasure for MC-130P aircraft 3,200,000 Martinez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,AF RC-26B Modernization 7,200,000 Granger, Bishop (GA), Lampson, Rogers (AL) Bingaman, Murray, Nelson (FL), Shelby
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,AF Scathe View for NV ANG 400,000 Berkley, Porter Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,AF SENIOR SCOUT Beyond Line-of-Sight SATCOM Data Link 7,000,000 Cannon Bennett, Hatch
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,AF Smart Bomb Rack Unit (S-BRU) Upgrade 1,600,000 Herseth Sandlin Johnson, Thune
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,AF USAF Senior Scout Digital Rio Raton ELINT System 800,000 Hobson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,N AAR-47 Missile Advanced Warning System 4,000,000 Young (FL) Nelson (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,N Advanced Helicopter Emergency Egress Lighting System 1,600,000 Alexander, Melancon Landrieu, Vitter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,N Advanced Skills Management (ASM) System 1,200,000 Dicks, Inslee Cantwell, Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,N AN/AVS-7 Day Heads-Up Display (DayHUD) 5,000,000 Granger Bond
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,N C4ISR Operations and Training 4,000,000 Murtha
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,N Common ECM Equipment (ALQ-214) 2,800,000 Lugar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,N Crane NSWC IDECM Depot Capability 1,600,000 Ellsworth Bayh
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21488]]
AP,N Direct Squadron Support Readiness Training Program 3,200,000 Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,N F/A-18 Expand 4/5 Upgrade for USMC 7,600,000 Pickering Cochran, Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,N Integrated Mechanical Diagnostics Health and Usage Management System and 4,000,000 Burr, Johnson, Leahy, Thune
Condition Based Maintenance for the H-53E
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AP,N Network Centric Collaborative Targeting (NCCT) for P-3C Aircraft 3,200,000 Granger
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CHEM DEMIL Blue Grass Chemical Agent Destruction Pilot Plant 20,000,000 McConnell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP AFIP/Joint Pathology Center (JPC) Records Digitization and Repository 20,000,000 Byrd
Modernization
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Cancer Immunotherapy and Cell Therapy Initiative (Note: Department of 1,600,000 McGovern, Olver
Defense Military Health System Enhancement)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Comprehensive Clinical Phenotyping and Genetic Mapping for the Discovery of 1,600,000 Pryce
Autism Susceptibility Genes (Note: Within Military Dependents Populations)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Copper Antimicrobial Research Program 1,600,000 Arcuri, Costello, Higgins, Loebsack, Murphy Casey, Dodd, Durbin, Grassley, Harkin,
(CT) Lieberman, Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Customized Nursing Programs 800,000 Bishop (GA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Dedicated Breast MRI System for WRAMC/WRNNMC 1,600,000 Tierney Kennedy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Department of Defense Brain Injury Rescue and Rehabilitation Project (BIRR) 1,200,000 Alexander, Melancon
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Digital Accessible Personal Health Electronic Record 800,000 Harkin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP DoD/VA Blind Rehabilitation and Training Pilot 800,000 Jefferson Landrieu, Salazar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Enhanced Medical Situational Awareness 2,400,000 Kohl
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Epidemiologic Health Survey at the Iowa Army Ammunition Plant 800,000 Loebsack Harkin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Fort Drum Regional Health Planning Organization 640,000 McHugh
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Hawaii Federal Health Care Network 23,000,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Health Research and Disparities Eradication Program 6,500,000 Clyburn
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Health Technology Integration for Clinical, Patient Records and Financial 400,000 Lowey
Management Related to the Military
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Identifying Health Barriers for Military Recruits 3,000,000 Clyburn
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Integrated Patient Electronic Records System for Application to Defense 1,200,000 Lee
Information Technology
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Integrated Translational Prostate Disease Research at Walter Reed 4,000,000 Stevens
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Lung Injury Management Program 1,200,000 Meeks Corker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Madigan Army Medical Center Digital Pen 200,000 Smith (WA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Madigan Army Medical Center Trauma Assistance Center 1,600,000 Dicks, Smith (WA) Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Management of the Wounded Soldier from Air Evacuation to Rehabilitation 2,500,000 Berkley Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Microencapsulation and Vaccine Delivery 800,000 Edwards (TX)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Military Physician Combat Medical Training 1,000,000 Brown (FL) Martinez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Military Trauma Training Program 800,000 Ruppersberger
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Mobile Diabetes Management 1,600,000 Ruppersberger, Sarbanes Cardin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Neuregulin Research 1,520,000 Bishop (GA), Lewis (GA), Scott (GA) Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Neuroscience Clinical Gene Therapy Center (OSUMC) 800,000 Pryce
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Operating Room of the Future for Application to Mobile Army Surgical 2,400,000 Roybal-Allard
Hospital Improvements
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Pacific Based Joint Information Technology Center (JITC) 4,800,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21489]]
DHP Pediatric Health Information System for Medical Charting and Research 400,000 Lowey
Related to Military Health Care
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Pediatric Medication Administration Product and Training 800,000 LaHood
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Pharmacological Countermeasures to Ionizing Radiation 800,000 Ramstad Coleman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Proton Therapy 4,800,000 Foster, Davis (IL) Durbin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Pseudofolliculitis Barbae (PFB) Topical Treatment 800,000 Bond
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Research to Improve Emotional Health and Quality of Life of Servicemembers 2,400,000 Castor
with Disabilities
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Reservist Medical Simulation Training Program 800,000 Hobson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Security Solutions from Life in Extreme Environments Center 1,200,000 Cummings, Sarbanes Crapo
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Severe Disorders of Consciousness (IBRF) (Note: Department of Defense Health 6,400,000 Crowley, Pascrell
System Enhancement)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Stress Disorders Research Initiative at Fort Hood 1,600,000 Edwards (TX)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Theater Enterprise Wide Logistics System (TEWLS) 2,000,000 Sestak Casey, Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Vanadium Safety Readiness 1,600,000 Paul, English, Murphy (CT), Space Brown, Casey, Dodd, Lieberman, Lincoln,
Pryor
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Web-based Teaching Programs for Military Social Work 3,200,000 Roybal-Allard
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DHP Wide Angle Virtual Environment for USHUS 4,000,000 Van Hollen
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DPA ALON and Spinel Optical Ceramics 4,000,000 Bono Mack, Higgins, Tierney Feinstein, Kerry
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DPA Armor and Structures Transformation Initiative--Steel to Titanium 3,200,000 Murtha
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DPA Automated Composite Technologies and Manufacturing Center 5,000,000 Bishop (UT), Cannon Bennett, Hatch
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DPA Carbon Foam Program 9,600,000 Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DPA Domestic Production of Transparent Polycrystalline Laser Gain Materials 5,200,000 Bilirakis, Brown-Waite, Altmire, Dingell Casey, Levin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DPA Extremely Large, Domestic Expendable and Reusable Structures Manufacturing 8,000,000 Cramer Cochran, Shelby, Wicker
Center (ELDERS)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DPA High Homogeneity Optical Glass 3,200,000 Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DPA High Performance Thermal Battery Infrastructure Project 3,000,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DPA Hybrid Plastics and POSS Nanotechnology Engineering Scale-Up Initiative 3,000,000 Cochran, Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DPA Lightweight Small Caliber Ammunition Production Initiative 4,200,000 Cochran, Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DPA Low Cost Military Global Positioning System (GPS) Receiver 4,000,000 Braley, Loebsack, Boswell Grassley, Harkin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DPA Military Lens Fabrication and Assembly 2,400,000 Murtha Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DPA Production of Miniature Compressors for Electronics and Personal Cooling 1,000,000 Rogers (KY)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DPA Reactive Plastic CO2 Absorbent Production Capacity 1,600,000 Biden, Carper
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DPA Read Out Integrated Circuit Manufacturing Improvement 1,600,000 Simpson Craig, Crapo
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DPA Silicon Carbide Armor Manufacture Initiative 2,000,000 Bunning
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DPA Titanium Metal Matrix Composite and Nano Enhanced Titanium Development 3,200,000 Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DRUGS Alaska National Guard Counter Drug Program 3,000,000 Stevens
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DRUGS Appalachia High Intensity Drug Trafficking Area--Tennessee National Guard 4,000,000 Tanner Corker, Alexander
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DRUGS Hawaii National Guard Counterdrug 3,000,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DRUGS Indiana National Guard Counter Drug Program 800,000 Visclosky
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DRUGS Kentucky National Guard Counterdrug Program 3,600,000 Rogers (KY) McConnell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DRUGS Midwest Counterdrug Training Center 5,000,000 Grassley, Harkin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21490]]
DRUGS Multi-Jurisdictional Counter-Drug Program 3,000,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DRUGS Nevada National Guard Counter Drug Funding Initiative 3,500,000 Berkley Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DRUGS New Mexico National Guard Counterdrug Support Program 3,200,000 Udall (NM) Bingaman, Domenici
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DRUGS Northeast Counterdrug Training Center (NCTC) 3,000,000 Cummings Cardin, Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DRUGS Regional Counter Drug Training Academy, Meridian 2,500,000 Pickering Cochran
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DRUGS Southwest Border Fence 1,600,000 Hunter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DRUGS West Virginia Counter-drug Program 800,000 Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GP Helmets to Hardhats 3,000,000 Ryan (OH) Clinton
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GP Joint Venture Education Program 5,500,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GP Presidio Heritage Center 1,750,000 Pelosi
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GP Project SOAR 4,750,000 Pelosi, Braley Grassley, Harkin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GP Special Olympics International 3,000,000 Craig, Harkin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GP STEM Education Research Center 5,000,000 LaHood
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GP USS Missouri 9,900,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GP Waterbury Industrial Commons Redevelopment Project 15,000,000 Murphy (CT) Lieberman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
ICMA Language Mentorship Program Incorporating an Electronic Portfolio 800,000 Boswell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
ICMA National Drug Intelligence Center 24,500,000 Murtha
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
INTEL Biometric Research 2,000,000 Rockefeller
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
INTEL Intelligence Community Academic Outreach 1,600,000 Hatch
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
INTEL Intelligence Training Program 200,000 Rockefeller
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
INTEL Littoral Net Centric Operations 2,400,000 Rockefeller
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
INTEL National Media Exploitation Center 9,000,000 Rockefeller
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
MILPERS,ANG Crypto-Linguist/Intelligence Officer Initiative 2,720,000 Hagel, Nelson (NE)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
MILPERS,ANG Joint Interagency Training and Education Center 650,000 Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
MILPERS,ANG WMD Civil Support Team for Florida 400,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
MILPERS,ANG WMD Civil Support Team for New York State 304,000 Fossella, Bishop (NY), Clarke, Gillibrand,
Hall (NY), King (NY), Maloney, McCarthy
(NY)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
MILPERS,ARNG Joint Interagency Training and Education Center 3,600,000 Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
MILPERS,ARNG WMD Civil Support Team for Florida 1,200,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
MILPERS,ARNG WMD Civil Support Team for New York State 1,627,000 Fossella, Bishop (NY), Clarke, Gillibrand,
Hall (NY), King (NY), Maloney, McCarthy
(NY)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
MP,A PATRIOT Tactical Command Station (TCS) / Battery Command Post (BCP) 2,400,000 Sessions, Shelby
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
NDSF RRF Training Ship Upgrades 10,000,000 Delahunt, Olver, Shays, Tsongas Kennedy, Kerry
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A 49th Missile Defense Battalion Infrastructure and Security Upgrades 2,200,000 Stevens
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Air Battle Captain 1,600,000 Pomeroy Conrad, Dorgan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Air-Supported Temper Tent 5,000,000 Rogers (KY)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Army Battery Management Program Utilizing Pulse Technology Project 800,000 Sessions
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Army Command and General Staff College Leadership Training 1,600,000 Boyda
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Army Condition-Based Maintenance 2,400,000 Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21491]]
OM,A Army Conservation and Ecosystem Management 4,000,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Army Force Generation Synchronization Tool (AST) 2,000,000 Dent, Dingell Specter, Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Army Manufacturing Technical Assistance Production Program (MTAPP) 1,600,000 Miller (MI), Markey
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Army/Marine Corps Interoperability at Echelons above the Brigade 2,400,000 Rahall
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Biometrics Operations Directorate Transition 2,000,000 Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Common Logistics Operating Environment (CLOE) System 1,200,000 Moran (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Electronic Records Management Pilot Program 1,200,000 Capito Casey, Lieberman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Family Support for the 1/25th and 4/25th 4,000,000 Stevens
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Fort Hood Training Lands Restoration and Maintenance 2,800,000 Carter, Edwards (TX)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Human Resource Command Training 2,000,000 Bunning
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Joint National Training Capability--Red Flag/ Northern Edge Training Range 14,700,000 Stevens
Enhancements
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A/GP Ladd Field Paving 2,500,000 Stevens
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Lightweight Ballistic Maxillofacial Protection System 3,500,000 Craig, Crapo, Nelson (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Light-weight Tactical Utility Vehicles 3,200,000 Petri, McIntyre
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A M24 Sniper Weapons System Upgrade 3,200,000 Arcuri Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Modular Command Post Tent 3,000,000 Rogers (KY)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Nanotechnology Corrosion Support 800,000 Rahall
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Net Centric Decision Support Environment Sense and Respond Logistics 3,200,000 Bishop (GA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Operational/Technical Training Validation Testbed 2,400,000 Reyes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Rock Island Arsenal, Building #299 Roof Removal and Replacement, Phase III 5,000,000 Braley, Hare Durbin, Grassley, Harkin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Roof Removal and Replacement at Fort Stewart, GA 2,160,000 Kingston
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Sawfly Laser Protective Lenses 3,000,000 Leahy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Soldier Barracks Roof Removal and Replacement at Fort Knox, Kentucky 2,320,000 Lewis (KY) Bunning
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Stryker Situation Awareness Soldier Protection Package 2,000,000 Smith (WA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Subterranean Infrastructure Security Demonstration Program 1,600,000 Kaptur
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Training Area Restoration 5,500,000 Stevens
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A TranSim Driver's Training at Fort Stewart 4,000,000 Kingston
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A TranSim Driver's Training Program 1,200,000 Matheson, Bishop (UT)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A Tricon and Quadcon Shipping Containers 1,200,000 Brown (SC) Graham
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A UAS Center of Excellence 2,400,000 Sessions
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A UH-60 Leak Proof Transmission Drip Pans 2,000,000 Rogers (KY)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A United States Army Sergeants Major Academy Lecture Center Audio-Visual 520,000 Reyes
expansion and upgrade
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A US Army Alaska Bandwidth Shortfalls 3,000,000 Stevens
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A US Army Alaska Critical Communications Infrastructure 1,300,000 Stevens
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,A WMD Civil Support Team for Florida 300,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF 11th Air Force Consolidated Command Center 10,000,000 Stevens
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF 11th Air Force Critical Communications Infrastructure 3,200,000 Stevens
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF Advanced Ultrasonic Inspection of Aging Aircraft Structures 1,250,000 Cole Inhofe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF Aircrew Life Support Equipment RFID Initiative 800,000 Costello Durbin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21492]]
OM,AF Alaska Civil Air Patrol Strategic Upgrades and Training 800,000 Young (AK) Stevens
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF Alaska Land Mobile Radio 2,900,000 Stevens
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF Alaskan NORAD Region Communications Survivability and Diversity 3,800,000 Stevens
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF ANG Munitions Security Fence 800,000 Eshoo
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF Barry M. Goldwater Range Upgrades 800,000 Pastor, Grijalva
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF Brown Tree Snake Control and Invasive Species Management at Andersen Air 400,000 Bordallo
Force Base, Guam
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF C-17 Assault Landing Zone 16,000,000 Stevens
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF Center for Space and Defense Studies 600,000 Allard
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF Civil Air Patrol 1,360,000 Bennett, Biden, Brownback, Byrd, Cardin,
Carper, Harkin, Hatch, Snowe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF Combined Mishap Reduction System 1,600,000 Frank Kennedy, Kerry, Reed
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF Defense Critical Languages and Cultures Initiative--Angelo State University 2,400,000 Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF Demonstration Project for Contractors Employing Persons with Disabilities 2,400,000 Tiahrt
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF Department of Defense Wage Issues Modification for USFORAZORES Portuguese 240,000 Frank
National Employees
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF Diversity Recruitment for Air Force Academy 440,000 Becerra
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF Eielson Air Force Base Coal-to-Liquid Initiative 5,000,000 Stevens
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF Eielson Utilidors 9,000,000 Stevens
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF Electrical Distribution Upgrade at Hickam 8,500,000 Akaka, Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF Engine Health Management Plus Data Repository Center 3,000,000 Murtha
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF Engineering Training and Knowledge Preservation System 1,600,000 Davis (KY)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF Expert Knowledge Transfer 1,600,000 Gonzalez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF Joint National Training Capability--Red Flag/ Northern Edge Training Range 8,600,000 Stevens
Enhancements
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF Joint National Training Capability-Red Flag/ Northern Edge Pacific Alaska 3,300,000 Stevens
Range Complex Environmental Assessment
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF Land Mobile Radios (LMR) 1,600,000 Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF MacDill AFB Online Technology Program 1,600,000 Castor
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF Military Legal Assistance Clinic 800,000 Brown
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF Military Medical Training and Disaster Response Program for Luke Air Force 1,600,000 Mitchell
Base
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF Minority Aviation Training 3,200,000 Meek
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF Mission Critical Power System Reliability Surveys 1,200,000 Davis (CA), Price (NC) Shelby, Specter, Voinovich
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF National Center for Integrated Civilian-Military Domestic Disaster (Yale New 3,200,000 DeLauro
Haven Health Systems)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF National Security Space Institute 2,800,000 Allard
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF Online Technology Training Program at Nellis Air Force Base 2,000,000 Porter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF Program to Increase Minority Contracting in Defense (PIMCID) 5,600,000 Fattah
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF Revitalize Buckley AFB Small Arms Training Range 784,000 Salazar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AF USAF Engine Trailer Life Extension Program 2,400,000 Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AFR 931st ARG Manning 4,000,000 Tiahrt
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ANG 129th Air Rescue Wing Security Towers 200,000 Eshoo
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ANG Active Noise Reduction Headsets 800,000 Blumenauer, DeFazio, Hooley, Wu Smith, Wyden
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21493]]
OM,ANG Atlantic Thunder Quarterly Joint Training Events at the Air National Guard 400,000 Kingston
Savannah Combat Readiness Training Center
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ANG Controlled Humidity Protection (CHP) 1,600,000 Clyburn Graham
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ANG Crypto-Linguist/Intelligence Officer Initiative 640,000 Hagel, Nelson (NE)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ANG DART (DCGS Analysis and Reporting Team) 2,400,000 Voinovich
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ANG Joint Interagency Training and Education Center 150,000 Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ANG MBU 20/P Oxygen Mask with Mask Light 800,000 Dreier
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ANG National Guard and First Responder Resiliency Training 1,200,000 Brownback
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ANG Scathe View 400,000 Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ANG Smoky Hill Range Access Road Improvements 1,600,000 Moran (KS)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ANG Smoky Hill Range Equipment 1,600,000 Moran (KS) Brownback
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ANG Squadron Operations Facility Repair--Phase I 2,200,000 Brownback
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ANG UAV Technology Evaluation Program 3,000,000 Brownback
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ANG Unmanned Aerial System Mission Planning 400,000 Brownback
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ANG Vehicle Fuel Catalyst Retrofit 800,000 Shays
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ANG Weapons Vaults Upgrade 200,000 Eshoo
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,AR Aviation Support Facilities Expansion Program, Clearwater, FL 1,600,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG 2nd Generation Extended Cold Weather Clothing System (ECWCS) 3,200,000 Castle Biden, Carper, Mikulski, Reed
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG Advanced Law Enforcement Rapid Response Training (ALERRT) 1,600,000 Doggett
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG Advanced Starting Systems 400,000 Lewis (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG Advanced Trauma Training Course for the Illinois Army National Guard 2,400,000 LaHood, Davis (IL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG Army National Guard Battery Modernization Program 2,400,000 Bond
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG Border Joint Operations Emergency Preparedness Center 1,200,000 Cuellar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG Colorado National Guard Reintegration Program 1,000,000 Salazar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG Columbia Regional Geospatial Service Center System 4,000,000 Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG Emergency Satellite Communications Packages (JISCC) 2,800,000 Granger Cornyn
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG Expandable Light Air Mobility Shelters (ELAMS) and Contingency Response 4,000,000 Durbin, Stabenow
Communications System (CRCS)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG Exportable Combat Training Capability 3,500,000 Clyburn
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG Family Assistance Centers 1,600,000 Shuler, Hayes, McIntyre, Miller (NC), Price
(NC), Watt
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG Family Support Regional Training Pilot Program 1,520,000 Gregg, Sununu
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG Homeland Operations Planning System (HOPS) 2,800,000 Tauscher, McNerney
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG Integrated Communications for Georgia National Guard Support for Civil 1,600,000 Kingston Isakson
Authorities
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG Jersey City Armory Dining Support Service Rehabilitation Project 400,000 Sires
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG Joint Forces Orientation Distance Learning 2,400,000 Murtha
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG Joint Interagency Training and Education Center 5,600,000 Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG Minnesota Beyond Yellow Ribbon Reintegration Program 2,000,000 Ellison, McCollum, Oberstar, Peterson (MN), Coleman, Klobuchar
Ramstad, Walz
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG MK 19 Crew Served Weapons Systems Trainer (Engagement Skills Trainer 2000) 328,000 Granger
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG Mobile Firearms Simulator and Facility Improvements 800,000 Cuellar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG National Guard CST/CERFP Sustainment Training and Evaluation Program (STEP) 800,000 Dicks, Hastings (WA) Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21494]]
OM,ARNG National Guard Global Education Program 400,000 Rothman Lautenberg, Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG Non-foam, Special Polymer Twin Hemisphere Pad Sets for Personnel Armor 1,280,000 Tancredo Bayh
System for Ground Troops (PASGT) Helmet Retrofit Kits
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG Pennsylvania National Guard Integration of the Joint CONUS Communications 2,000,000 Casey
Support Environment (JCCSE)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG Rapid Data Management System (RDMS) 5,000,000 Shea-Porter Collins, Gregg
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG Rescue Hooks/Strap Cutters 800,000 Hooley, Blumenauer, Wu Smith, Wyden
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG Spray Technique Analysis and Research for Defense (STAR4D) 1,760,000 Braley Grassley, Harkin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG Vermont Army National Guard Mobile Back-Up Power 800,000 Sanders
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG Vermont National Guard Readiness Equipment 792,000 Welch
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG Vermont Service Member, Veteran, and Family Member Outreach, Readiness, and 3,200,000 Leahy, Sanders
Reintegration Program
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG Weapons Skills Trainer 3,000,000 Keller, Stearns, Brown (FL) Nelson (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG WMD--Civil Support Team for Florida 2,300,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG WMD--Civil Support Team for New York 1,024,000 Fossella, Bishop (NY), Clarke, Gillibrand,
Hall (NY), King (NY), Maloney, McCarthy
(NY)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,ARNG Yellow Ribbon--Alaska National Guard 500,000 Stevens
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,DW Aircraft Logging and Event Recording for Training and Safety (ALERTS) 1,600,000 Pomeroy Conrad, Dorgan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,DW ALCOM Child Care Support for Deployed Forces 2,000,000 Stevens
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,DW Camp Carroll Challenge Infrastructure Improvements 3,000,000 Stevens
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,DW Clinic for Legal Assistance to Servicemembers 400,000 Moran (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,DW Critical Language Training, SDSU 1,600,000 Filner, Davis (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,DW Defense Critical Languages and Cultures Program at University of Montana 1,600,000 Baucus, Tester
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,DW Delaware Valley Continuing Education Initiative for National Guard and 800,000 Schwartz; Gerlach; Murphy, Patrick Lautenberg, Menendez, Specter
Reserve
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,DW East Asian Security Studies Program 800,000 Sanchez, Linda
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,DW Former MARCH AFB Building Demo -- NE Corner 1,200,000 Calvert
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,DW Frankford Arsenal Environmental Assessment and Remediation 1,600,000 Schwartz
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,DW Geospatial Intelligence Analysis Education 1,000,000 Lewis (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,DW Hunters Point Naval Shipyard Remediation 9,300,000 Pelosi Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,DW Intermodal Marine Facility--Port of Anchorage 10,000,000 Stevens
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,DW Joint Tanana Range Access 60,000,000 Murkowski, Stevens
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,DW McClellan AFB Infrastructure Improvements 2,400,000 Matsui Boxer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,DW Middle East Regional Security Program 2,800,000 Berman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,DW Military Intelligence Service Historic Learning Center 1,000,000 Pelosi, Honda Akaka
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,DW Norton AFB (New and Existing Infrastructure Improvements) 4,800,000 Lewis (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,DW Phase II of Stabilization/Repair of MOTBY Ship Repair Facility 6,800,000 Sires Lautenberg, Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,DW Phased Redeployment Study 2,400,000 Kennedy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,DW Restoration of Centerville Beach Naval Facility 6,400,000 Thompson (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,DW SOCOM Enterprise-wide Data and Knowledge Management System 800,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,DW Soldier Center at Patriot Park, Ft. Benning 4,800,000 Bishop (GA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,DW Special Operations Forces Modular Glove System 800,000 Dicks, Baird, McDermott
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21495]]
OM,DW Strategic Language Initiative 1,600,000 Royce, Lofgren, Richardson, Tauscher, Boxer
Watson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,DW Thorium/Magnesium Excavation--Blue Island 1,200,000 Jackson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,DW Translation and Interpretation Skills for DoD 1,600,000 Farr
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,DW Troops to Pilots Demonstration Project 2,500,000 Stevens
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,DW Web-based Adaptive Diagnostic Assessment for Students (WADAS) 2,000,000 Visclosky
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,MC Acclimate Flame Resistant High Performance Base Layers 1,600,000 Hayes Dole
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,MC Advanced Load Bearing Equipment 1,600,000 Reed
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,MC Cold Weather Layering System (CWLS) 2,400,000 Walberg, Hodes, Rogers (MI), Shea-Porter, Kennedy, Kerry, Stabenow
Tsongas
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,MC Combat Desert Jacket 4,000,000 Castle, Cummings Biden, Carper, Mikulski
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,MC Lightweight Maintenance Enclosure 1,200,000 Davis, Lincoln
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,MC Rapid Deployable Shelters (RDS) or Modular General Purpose Tent System 1,600,000 Hinchey Schumer
(MGPTS) Type III
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,MC Telecom Upgrade to MCBH 3,600,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,MC Ultra Lightweight Camouflage Net System (ULCANS) 2,400,000 Etheridge Burr
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,MC US Marine Corps Installation Access Enterprise Solution Project 800,000 Smith, Wyden
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,N Advanced Technical Information Supports System 760,000 Rahall
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,N Brown Tree Snake Control and Interdiction on Guam 840,000 Hirono
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,N Center for Defense Technology and Education for the Military Services 5,600,000 Farr
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,N Continuing Education Distance Learning at Military Installations 1,200,000 Brown-Waite
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,N CPI-Metamorphose/i3 Technical Data Conversion and Support 2,400,000 Baucus
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,N Digitization, Integration, and Analyst Access of Investigative Files, Naval 4,800,000 Byrd
Criminal Investigative Services
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,N Diversity Recruitment for Naval Academy 446,000 Becerra
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,N Energy Education Accreditation for Military Personnel 400,000 Conrad, Dorgan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,N Institute for Threat Reduction and Response FCCJ 1,200,000 Brown (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,N Joint Electronic Warfare Training and Tactics Development 2,000,000 Larsen Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,N Mark 75 Maintenance Facility Support and Upgrade 1,600,000 Brady (PA), Sestak Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,N Mk 45 Mod 5 Gun Depot Overhauls 9,000,000 McConnell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,N Mobile Distance Learning for Military Personnel 800,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,N Modernization/Restoration of Naval Air Station Key West Facilities and 4,800,000 Ros-Lehtinen
Infrastructure
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,N Navy Shore Readiness Integration 3,200,000 Dicks
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,N Partnership for the Maintenance of Trauma and Readiness Surgery Skills 760,000 Costa
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,N Personnel Armor System for Ground Troops (PASGT) Helmet Retrofit Kits to 1,120,000 Tancredo Allard, Bond
Sustain Navy IPE Pool
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,N PMRF Flood Control 2,500,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,N Puget Sound Navy Museum 1,280,000 Dicks
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,N SPAWAR Systems Center 800,000 Landrieu, Vitter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,N Sustainable Maintenance and Repair Technologies for Aircraft Composites 800,000 Crenshaw
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OM,N U.S. Navy Mobile Condition Assessment System Pilot for Commander, Navy 1,000,000 Gerlach
Region Mid-Atlantic (CNRMA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21496]]
OM,N Wireless Pierside Connection System 1,600,000 Crenshaw
OP,A 1/25th SIB Range (ATREP) 7,000,000 Stevens
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Advanced Field Artillery Tactical Data Systems (AFATDS) 1,600,000 Lincoln, Pryor
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Aircraft Landing System 800,000 Klobuchar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A All Terrain Ultra Tactical Vehicles 2,400,000 Peterson (MN), Herseth Sandlin, Oberstar, Coleman, Harkin, Klobuchar
Obey
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A AN/PSQ-23 Small Tactical Optical Rifle Mounted Micro-Laser Range Finder 1,200,000 Gregg, Sununu
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A AN/TSC-156 Phoenix TSST Mobile Satellite Communication Terminals (for 4,000,000 Castle Biden, Carper
Delaware Army National Guard)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Army Aviation--Automatic Identification Technology Life Cycle Asset 2,000,000 Shelby
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Army Field Artillery Tactical Data Systems Software for the Kentucky Army 2,400,000 Chandler
National Guard
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Ballistic Protection for Remote Forward Operating Bases 1,600,000 Allen, Michaud Collins, Salazar, Snowe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Battlefield Anti-Intrusion System (BAIS) 2,400,000 Saxton, Andrews, LoBiondo
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Call For Fire Trainer (CFFT) for the Army National Guard 3,200,000 Holden Casey
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Call For Fire Trainer II (CFFT II) / Joint Fires and Effects Trainer System 4,500,000 Cole Inhofe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Camp Ripley Minnesota Training Center Aircraft Rescue Fighter (AARF) 1,200,000 Oberstar Klobuchar
Vehicles
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Combat Arms Training Systems (FATS upgrade) 1,600,000 Chambliss, Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Combat Skills Marksmanship Trainer for the Army National Guard 4,000,000 Kingston, Gingrey
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Combat Skills Simulation Systems, Ohio Army National Guard 3,720,000 Space, Ryan (OH)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Combined Arms Virtual Trainer for the TN ARNG 4,000,000 Corker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Critical Army Systems Cyber Attack Technology (CASCAT) 1,200,000 Visclosky
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Defense Advanced GPS Receiver (DAGR) 2,000,000 Loebsack, Boswell, Braley, King (IA) Grassley, Harkin, Inhofe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Deployable, Mobile Digital Target System for Armor and Infantry, TN ARNG 450,000 Tanner Alexander
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Detonation Suppression System 4,000,000 Landrieu, Vitter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Embedded GPS Receivers for the North Carolina ARNG 800,000 Dole
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Engagement Skill Trainer 2000 for TN ARNG 800,000 Alexander
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Fido Explosive Detector 3,000,000 Inhofe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Fire Suppression Panels 2,500,000 Brownback
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Flextrain Exportable Combat Training Capability (XCTC) 800,000 Whitfield, Boswell, Rodriguez, Thompson Crapo
(CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Fuel Tank Passive Fire Suppression Mod Kit 800,000 Mitchell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Future Combat Support Hospital 3,200,000 Boozman Lincoln, Pryor
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Future Medical Shelter System (FMSS) 2,400,000 Welch Dodd, Lautenberg, Leahy, Lieberman,
Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Ground Guidance for Army Movement Tracking System 800,000 Coleman, Klobuchar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A HMMWV Restraint System Upgrades 3,200,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A I-HITS for Montana Joint Training 3,000,000 Baucus
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Immersive Group Simulation Virtual Training System for HI ARNG 1,200,000 Akaka
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Information Technology Upgrades at the Detroit Arsenal 2,000,000 Levin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Instrumentation for Urban Assault Course--TN ARNG 1,400,000 Tanner Alexander
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Interoperable Radios for Texas ARNG Disaster Response 800,000 Conaway
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Joint Incident Scene Communication Capability 2,000,000 Conaway
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21497]]
OP,A Laser Collective Combat Advanced Training System 3,200,000 Ruppersberger Reed
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Laser Marksmanship Training System (LMTS) 3,200,000 Kennedy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Life Support for Trauma and Transport (LSTAT) 2,400,000 Richardson, Reyes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Lightweight Maintenance Enclosure (LME) 4,320,000 Davis, Lincoln Alexander
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Maritime Domain Awareness Sensors and Software 2,400,000 Murphy, Patrick
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Minnesota Army National Guard Armory Emergency Response Generators 704,000 Walz, Oberstar, Peterson (MN) Klobuchar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Minnesota Helicopter Civil Band Radio Communication System 1,300,000 Walz, Oberstar, Peterson (MN) Klobuchar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Minnesota Satellite Multi-Modal Collabortive Crisis and Training Network 2,224,000 Oberstar, Peterson (MN), Walz Coleman, Klobuchar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Mobile Virtual Training Capability (MVTC) 2,500,000 Keller
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A MQ-5B Hunter UAV 5,000,000 Pickering Cochran, Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Multi-Temperature Refrigerated Container System 2,400,000 Davis (KY)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Muscatatuck Urban Training Center (MUTC) Instrumentation 2,400,000 Ellsworth, Hill, Shuler Bayh, Lugar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A New Combat Helmet 2,400,000 Leahy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Radio Personality Modules for SINCGARS Test Sets 2,400,000 Tiahrt Roberts
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Remote Activation Munitions System (MI-RAMS) 2,800,000 Lewis (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Retrofit 30th HBCT radios with Embedded SAAMS card 800,000 McIntyre, Hayes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Selective Availability Anti-Spoofing Module (SAASM) Precise Positioning 1,600,000 Souder, Gallegly Bayh, Lugar
Service (PPS) GPS
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A SHERPA Interoperable Deployable Communications System 2,000,000 Melancon
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Specialized Reconnaissance Assault Transport System (SRATS) 6,000,000 Hobson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Texas Army National Guard Future Soldier Trainer Program 2,400,000 Lampson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Virtual Interactive Combat Environment for NJ ARNG 4,000,000 Holt, Saxton Lautenberg, Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Warrior Block 0 Sensor Upgrade 1,600,000 McKeon
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,A Wideband Imagery Dissemination System for the ARNG 3,000,000 Cochran
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,AF Air Force Plant 4 (AFP 4) Physical Security Enhancements 2,072,000 Granger
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,AF Alaskan NORAD Region Communications Survivability and Diversity 700,000 Stevens
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,AF ANG-Combat Communications on the Move 1,600,000 Hunter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,AF Base Low-cost Integrated Surveillance System 4,000,000 Conrad, Dorgan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,AF Camp Ripley, Minnesota Aircraft Landing System 760,000 Oberstar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,AF Force Protection Surveillance System 2,000,000 Sanchez, Loretta
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,AF Halvorsen Loader 1,600,000 Keller Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,AF Hawaii ANG Eagle Vision One-Meter SAR and Communications Upgrades 3,500,000 Abercrombie Akaka
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,AF Information Modernization for Processing with Advanced Coating Technologies 1,600,000 Kingston, Marshall
(IMPACT)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,AF Joint National Training Capability-Red Flag/ Northern Edge Training Range 8,000,000 Stevens
Enhancements
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,AF Laser Marksmanship Training System (LMTS) 2,400,000 Mikulski
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,AF Life Support Radio Test Sets for the Air National Guard 1,000,000 Tiahrt Brownback
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,AF MacDill AFB Waterside Security System 1,000,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,AF Nanotechnology Equipment for Laboratories 800,000 Salazar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,AF NORAD and USNORTHCOM Interoperable Communications 3,000,000 Salazar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21498]]
OP,AF Observations Systems for the 21st Century 3,000,000 McDermott Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,AF Revitalize Buckley AFB Small Arms Training Range 816,000 Salazar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,AF ROVER Combat Operations Support 2,400,000 Matheson, Bishop (UT) Hatch
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,AF Science, Engineering, and Laboratory Data Integration (SELDI) 800,000 Bishop (UT) Bennett, Hatch
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,AF Secure Network Infrastructure--Toledo ANG 800,000 Kaptur
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,AF Tactical Air Control Extreme Shelter Program 2,400,000 Salazar Bingaman, Domenici, Salazar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,AF Unmanned Threat Emitter (UMTE) Modernization 4,000,000 Berkley, Higgins, Renzi Reid, Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,N 66 foot Coastal Command Boat (CCB) 5,000,000 Dicks Cantwell, Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,N Advanced Ground Target Threat Simulators 1,280,000 Gallegly
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,N Advanced Maintenance and Environmental Monitoring Technologies for Public 2,400,000 Shea-Porter
Shipyards
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,N Advanced Mission Extender Device Kits 2,000,000 Leahy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,N Aegis Land Based Test Site Upgrades 4,000,000 Miller, Gary
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,N Airborne Laser Mine Detection System 2,400,000 Weldon
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,N AN/SPQ-9B Surface Ship Radar 4,300,000 Ackerman, Bishop (NY), Israel, McCarthy Schumer
(NY)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,N AN/WSN-7 Fiber Optic Gyro System Upgrades 3,000,000 Goode Warner, Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,N Canned Lube Pumps for LSD-41/49 Ships 2,000,000 Myrick, Hayes Dole
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,N Communications Data Link System for Capital Ships 1,600,000 Hunter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,N Condition-Based Inspection Technologies for Propulsion Equipment 800,000 Walsh
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,N CVN Propeller Replacement Program 5,000,000 Taylor Cochran, Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,N Enhanced Detection Adjunct Processor 3,200,000 Kaptur
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,N Gateway System 4,800,000 Mica
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,N High Performance Computing Capability 800,000 Hunter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,N High Speed Aluminum Towable Boat Lifts 4,000,000 Cantwell, Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,N Integrated Voice Communications System for the SSN-688I 3,000,000 Lautenberg, Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,N Jet Fuel (JP-5) Electric Valve Operators 2,400,000 King (NY), Bishop (NY), Israel, McCarthy Schumer
(NY)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,N LSD Main Propulsion Diesel Engine Upgrade 4,800,000 Kohl
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,N LSD-41/49 Diesel Engine Low Load Upgrade Kit 1,600,000 Baldwin Kohl
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,N Man Overboard Identification (MOBI) System 2,800,000 Visclosky, Davis (CA) Akaka, Bayh, Warner, Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,N MCM-1 Class Combat System Upgrades/Acoustic Generators 1,000,000 Boyd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,N Multi Climate Protection System 2,000,000 Tsongas, Hodes, Olver, Rogers (MI), Shea- Kennedy, Kerry, Stabenow
Porter, Walberg
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,N NIROP Industrial Facilities Materials Staging Area 3,200,000 Mollohan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,N PHNSY Upgrades 4,000,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,N Remote Monitoring and Troubleshooting Project 2,500,000 Shelby
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,N Shipboard Network Protection System 1,600,000 Moran (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,N Standardized Metrics Assessment of Readiness Training 3,500,000 Kennedy Reed
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OP,N Virtual Perimeter Monitoring System 2,400,000 Mikulski
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P,DW Electronic Warfare Simulator 2,400,000 Holt
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21499]]
P,DW Expansion of the Mobile Forensic Laboratories and Forensic Technical 3,200,000 Young (FL)
Assistance and Training Support Center of Excellence
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P,DW Final-E-Curfew,Mid Range Radio Frequency Operations 1,600,000 Weldon
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P,DW Joint Biological Standoff Detection System 4,000,000 Shelby
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P,DW Joint Chemical Agent Detector 4,000,000 Bartlett, Herseth Sandlin, Ruppersberger Mikulski
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P,DW LA-5/PEQ Integrated Small Arms Illuminator 1,200,000 Gregg
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P,DW M53 Individual Protective Mask 1,600,000 Levin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P,DW Mission Helmet Recording System 2,400,000 Gregg, Sununu
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P,DW MK47 Mod 0 Advanced Lightweight Grenade Launcher 3,600,000 Collins, Snowe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P,DW Multi-Band Multi-Mission Radio (MBMMR) 1,600,000 Souder, Castor, Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P,DW Reactive Skin Decontamination Lotion 3,280,000 Cochran
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P,DW Simple Imagery Access with FalconView 400,000 Moran (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P,DW Small Arms Training Ranges 2,000,000 Ensign, Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P,DW SOF Combat Assault Rifle 3,000,000 Graham
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P,DW SOVAS Hand Held Imager/Long Range 2,400,000 Kennedy, Kerry
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P,DW SOVAS Handheld Imager/Pocket 2,500,000 Gregg, Sununu
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P,DW Special Operations Craft-Riverine 2,880,000 Taylor Cochran, Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P,MC 2kW MTG Diesel Generator Rapid Replenishment 800,000 Garrett, Pascrell, Rothman Lautenberg, Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P,MC Combat Casualty Care Equipment Upgrade Program 3,200,000 Spratt, Barrett Graham
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P,MC Combat Tactical Support Trailer 2,200,000 Murtha
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P,MC IP Distribution Box and Category 5E Cable Upgrades for Improved Combat 2,500,000 Graves Bond
Operations Communications
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P,MC Nitrile Rubber Collapsible Storage Units 1,200,000 Taylor Cochran
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P,MC On Board Vehicle Power Kits for MTVR 10,000,000 Kohl
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P,MC Performance Enhancements for Information Assurance and Information Systems 6,400,000 Cochran, Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P,MC Portable Armored Wall System for VCP 800,000 Sestak
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P,MC Sniper Training System (STS) 3,600,000 Maloney
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P,MC Tactical Video Capture System 3,200,000 Lewis (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
PA,A 60mm Mortar, All Types 1,600,000 Ross Lincoln, Pryor
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
PA,A Ammunition Production Base Support (Scranton AAP)--Electrical Substations 1,920,000 Kanjorski, Carney Casey, Specter
Upgrade
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
PA,A Cartridge, 105mm High Explosive Plastic-Tracer, M393A3 HEP-T 1,200,000 Radanovich
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
PA,A CTG, Arty, 155mm, All Types 1,600,000 Ross Lincoln, Pryor
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
PA,A CTG, Mortar, 120mm, All Types 1,600,000 Ross Lincoln, Pryor
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
PA,A Grenade Incendiary Thermite AN-M14 1,600,000 Ross
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
PA,A Grenades, All Types 4,000,000 Ross Lincoln, Pryor
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
PA,A Holston Army Ammunition Plant Critical Reliability Enhancement 1,600,000 Davis, David
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
PA,A M769, Mortar, Full Range Practice Cartridge 4,000,000 Kanjorski Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
PA,A Rapid Wall Breaching Kit (RWBK) 3,200,000 Whitfield, Rogers (KY) McConnell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
PA,A Small Caliber Trace Charging Facilitization Program 1,200,000 Shimkus, Costello, LaHood Brownback
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
PA,A Supercritical Water Oxidation, Bluegrass Army Depot 1,700,000 Bunning
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21500]]
PA,AF McAlester Army Ammunition Plant Bomb Line Modernization 1,600,000 Boren Inhofe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
PA,AF PGU-14 API Armor Piercing Incendiary, 30mm Ammunition 2,400,000 LaHood, Costello, Obey
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
PANMC Grenades, All Types 1,600,000 Lincoln, Pryor
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A National Center of Opthamology Training and Education at Wills Eye Center 1,000,000 Brady (PA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A 101st Airborne Injury Prevention & Performance Enhancement Research 2,000,000 Alexander, Corker
Initiative
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A 21st Century Command, Control, and Communications Technology 640,000 Holt
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A 3D2 Advanced Battery Technology 4,000,000 LaHood Durbin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A 5.56mm Aluminum Cartridge Case, Lake City Army Ammunition Plant 1,000,000 Graves Bond, Crapo
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Academic Support and Research Compliance for Knowledge Gathering 2,000,000 Roberts
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Accelerated Materials Development and Characterization 2,500,000 Herseth Sandlin Johnson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Accelerating Treatment for Trauma Wounds 1,200,000 Stearns, Crenshaw Nelson (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Acid Alkallne Direct Methanol Fuel Cell Technology 2,800,000 McIntyre, Price (NC)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Adaptive Infrastructure for SOF Experimentation 2,400,000 Hoyer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Adaptive Lightweight Materials for Missile Defense 1,600,000 Baucus, Tester
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advance Stand off Technologies for National Security 1,200,000 Boyd Nelson (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Cargo Projectile Technology 1,200,000 Hastings (WA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Cavitation Power Technology 4,400,000 Cochran
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Cluster Energetics 3,200,000 Frelinghuysen, Payne Lautenberg, Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Commercial Technology Insertion for Aviation and Missile Research, 2,400,000 Everett Shelby
Development, and Engineering
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Communications ECM Demo 1,600,000 Holt
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Composite Armor for Force Protection 1,600,000 Coble
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Composites for Light Weight, Low Cost Transportation Systems using 2,400,000 Stupak
3+ Ring Extruder
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Conductivity Program (ACP) 3,500,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Corrosion Protection for Military Vehicles 2,400,000 Kohl
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Demining Technology 5,900,000 Leahy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Detection of Explosives (ADE) 2,400,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Digital Hydraulic Hybrid Drive System 2,000,000 Upton, Ramstad Coleman, Klobuchar, Levin, Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Drivetrains for Enhanced Mobility and Safety 1,600,000 Upton, Walberg Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Electronics Rosebud Integration 3,200,000 Herseth Sandlin Johnson, Thune
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Energy Storage Development for Renewable Energy Generation 1,200,000 Schwartz Casey
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Environmental Control Systems 5,500,000 Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Fuel Cell Research Program 3,000,000 Poe Cornyn, Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Functional Nanomaterials for Biological Processes 2,000,000 Snyder Lincoln, Pryor
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Fuzing Technologies 3,600,000 Bartlett Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Hybrid Electric Vehicle Technologies for Fuel Efficient Blast 1,200,000 Graham
Protected Vehicles
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Hypersonic Weapon Technology Demonstration 2,400,000 Everett, Aderholt Shelby, Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced IED Jammer Research and Development Program 2,000,000 Honda, Holt, Lofgren
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Lightweight Gunner Protection Kit 1,200,000 Altmire
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21501]]
RDTE,A Advanced Lightweight Multi-Functional Multi-Threat Composite Armor 2,400,000 Rangel Schumer
Technology
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Lithium Iron Phosphate Battery System for Army Combat Hybrid HMMWV 2,000,000 Dingell Levin, Stabenow
and Other Army Vehicle Platforms
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Live, Virtual, and Constructive (LVC) Training Systems 1,600,000 Latham Grassley, Harkin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Lower Limb Prostheses for Battlefield Amputees 1,600,000 Markey, McGovern Kennedy, Kerry
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Magnetic Nanosensors for Defense Applications 4,800,000 Fortenberry Hagel, Nelson (NE)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Manufacture of Lightweight Components 2,400,000 Kohl
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Materials and Process For Armament Structures (AMPAS) 2,400,000 Regula, Sutton Brown
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Medical Multi-Missions and CASEVAC Roles (Note: VTOL man rated UAG/ 800,000 Harman
UGV)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Medium Caliber Tungsten Penetrators 1,600,000 Murphy, Tim
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Modeling Technology for Large Structure Titanium Machining 800,000 Ramstad Coleman, Klobuchar, Stabenow
Initiative
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Performance Transparent Armor for Tactical Wheeled Vehicles 1,200,000 Altmire
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Portable Power Institute 1,600,000 Gordon Corker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Prototyping with Non-Traditional Suppliers 3,200,000 Rothman Lautenberg, Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Radar Transceiver IC Development 800,000 Harman, Hayes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Rarefaction Weapon Engineered System 2,400,000 Kaptur
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Regenerative Medicine Therapies for Combat Injuries 3,000,000 Doyle Casey, Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Restoration Therapies in Spinal Cord Injuries 2,000,000 Hoyer, Ruppersberger Cardin, Mikulski
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Soldier Portable Power Systems Technologies 1,600,000 Cochran, Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Strap Down Seeker 5,000,000 Gregg, Sununu
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Surface Technologies for Prosthetic Development 1,600,000 Baucus, Tester
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Tactical 2KW External Combustion Power Sources for Cogeneration 2,400,000 Hastings (WA) Cantwell, Murray
Applications
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Tactical Fuels for the U.S. Military 4,000,000 Conrad, Dorgan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Technologies, Energy and Manufacturing Science 5,000,000 Frelinghuysen
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Thermal Management System 2,400,000 Stupak Levin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Thermal Processing of Packaged Combat Rations 1,680,000 Gingrey Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced UV Light Diode Sensor Development 1,600,000 Clyburn Graham
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Advanced Wireless Technologies 1,200,000 Sestak Casey, Schumer, Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Aerial Canopy MASINT System 1,600,000 Rogers (KY)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Aerial Firefighting--Precision Container Aerial Delivery System (PCADS) 2,320,000 Rohrabacher
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Affordable Light-Weight metal matrix composite armor 1,600,000 Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Air, Space and Missile Defense Architecture Analysis Program (A3P) 1,200,000 Aderholt, Rogers (AL) Sessions
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Airborne Threats 1,500,000 Stevens
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Aircraft Structural Condition Monitoring (ASCM) 1,600,000 Cramer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Alliance for NanoHealth (Note: Department of Defense Military Health 3,200,000 Culberson
Enhancement)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A ALQ-211 Networked EW Controller 1,600,000 Pascrell Lautenberg, Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Alternative Power Technology for Missile Defense 4,000,000 Herseth Sandlin Johnson, Thune
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Angiogenesis and Tissue Engineering Research 1,200,000 Capuano
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Antiballistic Windshield Armor 3,600,000 Donnelly, Clyburn Bayh, Graham, Lugar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21502]]
RDTE,A Anti-Terror Medical Technology Program 2,800,000 Rothman, Pallone Lautenberg, Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Applied Communications and Information Networking (ACIN) 3,200,000 Andrews, LoBiondo Casey, Lautenberg, Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Applied Power Management Control and Integration 800,000 Levin, Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Arabic Language Training Program 960,000 Brownback
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Armament Systems Engineering--ASEI2 3,200,000 Frelinghuysen, Sires
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Army Applications of Direct Carbon Fuel Cells 800,000 Regula
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Army Aviation Weapon Technology 800,000 Aderholt, Rogers (AL) Shelby
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Army Center of Excellence in Acoustics 4,400,000 Cochran
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Army Missile and Space Technology Initiative 1,600,000 Sessions
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Army Responsive Tactical Space (ARTS) 2,400,000 Cochran
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Army Responsive Tactical Space System Exerciser (ARTSSE) 2,000,000 Aderholt, Cramer Sessions, Shelby
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Asymmetric Threat Response and Analysis Program (ATRAP) 2,400,000 Giffords
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Automated and Portable Field System for the Rapid Detection and Diagnosis of 1,600,000 Kuhl
Diseases
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Automated Communications Support System for Warfighters, Intelligence 1,600,000 Chambliss, Isakson
Community, Linguists, and Analysts
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Automated Language and Cultural Analysis for National Security 2,000,000 Hoyer, Cummings, Edwards (MD), Sarbanes, Cardin, Mikulski
Van Hollen
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Automatic Aim-Point Targeting Technology with Enhanced Imaging 2,000,000 Weiner
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Autonomous Cargo Acquisition for Rotorcraft Unmanned Aerial Vehicles 2,400,000 Cramer, Aderholt Shelby
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Auxiliary Power Unit (APU) for the Abrams M1/A2 Tank 2,400,000 Sarbanes, Bartlett, Ruppersberger Cardin, Mikulski
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Ballistic Armor Research 3,200,000 Dent Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Ballistic Precision Aerial Delivery System (BPADS) 1,000,000 Larson, Taylor Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Base Security Systems 1,200,000 Rogers (MI) Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Battlefield Asset Recovery Decontamination System (BARDS) 1,600,000 Clay
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Battlefield Connectivity 1,600,000 Moran (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Battlefield Exercise and Combat Related Spinal Cord Injury Research (Miami 800,000 Brown-Waite
Project)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Battlefield Nursing Program 1,600,000 Cohen
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Battlefield Plastic Biodiesel 1,600,000 King (IA), Boswell, Latham Grassley, Harkin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Battlefield Research Accelerating Virtual Environments for Military 800,000 Harman Boxer
Individual Neuro Disorders (BRAVEMIND)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Battlefield Tracheal Intubation 4,200,000 Nelson (NE)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Battlefield Treatment of Hemorrhagic Shock 800,000 Cohen
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Behavior and Neuroscience, Fuctional Magnetic Resonance Imaging Research 800,000 Herseth Sandlin
Project
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Beneficial Infrastructure for Rotorcraft Risk Reduction Demonstrations 800,000 Sestak
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Bio-Battery 800,000 Cramer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Biodefense Tech Transfer Initiative (BTTI) (only for militarily relevant 1,500,000 Cardin, Mikulski
technology)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Bioelectrics Research for Casualty Care and Management 1,600,000 Scott (VA) Warner, Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Biological Air Filtering System Technology 1,600,000 Berry Lincoln, Pryor
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Biological and Immunological Infectious Agent and Cancer Vaccine Research 800,000 Capuano
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Biomass-to-Liquid Using Synthetic Enzymes 2,000,000 Visclosky Bingaman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21503]]
RDTE,A Biometrics DNA Applications 1,600,000 Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Biosecurity for Soldier Food Safety 1,600,000 Roberts
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Biosensor, Communicator and Controller System 5,000,000 Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Blast Damage Assessment Risk Analysis and Mitigation Application-- 800,000 Young (AK)
Enhancements (BRAMA-E)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Blood Safety and Decontamination Technology 1,600,000 DeLauro, McDermott Coleman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Blood, Medical & Food Safety Via Eco-Friendly Wireless Sensing 1,000,000 Coleman, Klobuchar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A BLOS Network for MASINT Sensors 800,000 Moran (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Border Security and Defense Systems Research 1,600,000 Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Boston University Photonics Center 3,200,000 Capuano Kennedy, Kerry
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Brain Interventional-Surgical Hybrid Initiative 1,600,000 Wasserman Schultz
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Brain, Biology, and Machine Applied Research 1,600,000 DeFazio, Hooley, Walden, Wu Smith, Wyden
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Brownout Sensor Visualization and Hazard Avoidance System 800,000 Cramer, Aderholt Shelby
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Brownout Situational Awareness Sensor 1,600,000 Hunter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Burn and Shock Trauma Institute 2,000,000 Durbin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A C4ISR Auxiliary Power Unit (APU) for Soldier Tactical Applications 1,600,000 Sherman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A CAMEL--Water transport system 800,000 Bond
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Cancer Prevention Through Remote Biological Sensing 1,600,000 Bishop (NY) Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Capability Expansion of Spinel Transparent Armor Manufacturing 5,120,000 Salazar Allard, Salazar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Carbon Nanotube Production 1,200,000 Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Cellular Therapy for Battlefield Wounds (Phase II) 1,600,000 Jones (OH)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Cellulose Nanocomposite Panels for Enhanced Blast and Ballistic Protection 2,400,000 Michaud, Allen Collins, Snowe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Center for Advanced Energy Storage Research and Technology 1,600,000 Levin, Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Center for Advanced Vehicle Technology and Fuel Development 800,000 Levin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Center for Aerospace Human Factors Research and Innovation 800,000 Conrad, Dorgan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Center for Borane Technology 2,000,000 Bond
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Center for Education in Nanoscience and Nanotechnology 640,000 Braley Grassley, Harkin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Center for Information Assurance 800,000 Scott (VA) Warner, Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Center for Injury Biomechanics 3,200,000 Boucher, Goode, Moran (VA) Warner, Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Center for Integration of Medicine and Innovative Technology 8,000,000 Capuano, Lynch Kennedy, Kerry
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Center for Nanoscale Bio-sensors as a Defense against Biological Threats to 800,000 Boozman, Ross
America
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Center for Ophthalmic Innovation (Note: Department of Defense Military 2,400,000 Diaz-Balart, Mario; Ros-Lehtinen Nelson (FL)
Health System Enhancement)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Center for Untethered Healthcare 1,000,000 McGovern Kennedy, Kerry
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Center of Cardiac Surgery Robotic Computerized Telemanipulation (Note: as 1,600,000 Brady (PA), Gerlach
part of a Comprehensive Approach to Advanced Heart Care)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Center of Excellence for Military Operations in Urban Terrain and Cultural 3,000,000 Crenshaw Nelson (FL)
Training
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Center of Excellence in Integrated Sensor Systems (CEISS) 600,000 Cramer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Center of Genetic Origins of Cancer (Note: Department of Defense Military 2,400,000 Dingell Stabenow
Health System Enhancement)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Ceramic and Metal Matrix Composite (MMC) Armor Development using Ring 800,000 Stupak
Extruder Technology
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21504]]
RDTE,A Ceramic Membrane Battery Systems 1,200,000 Schwartz Casey, Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A CERDEC Airborne and Ground Wideband Digital Communications and Antenna 1,600,000 Smith (NJ)
Testbed
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A CH-47 Chinook Helicopter: Accessory Gear Box (AGB) Improvement 800,000 Regula Dodd, Lieberman, Voinovich
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A CH-47 Integrated Vehicle Health Management System (IVHMS) 3,200,000 Leahy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Chemical and Biological Protective Hangars 2,240,000 Hulshof
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Chemical and Biological Threat Protection Coating 2,400,000 Barrett Graham
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Chronic Tinnitus Treatment Program 1,000,000 Dent
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Clinical Looking Glass Project (Note: To Enhance the capabilities of Fort 800,000 Engel
Drum, New York Military Health System)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Close Combat Missile Modernization (Javelin) 3,700,000 Brown (FL), Everett Sessions, Shelby
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Cogeneration for Enhanced Cooling and Heating of Advanced Tactical Vehicles 2,400,000 Kohl
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Co-Generation of Power and Air Conditioning 800,000 Shays Dodd, Lieberman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Cold Regions Test Center Distributed Test Coordination Cell 1,500,000 Stevens
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Cold Springs Harbor Laboratory--Women's Cancer Genomics Center (Note: 2,800,000 McCarthy (NY), Lowey
Department of Defense Military Health System Enhancement)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Columbia College Chicago Construct Program 800,000 Durbin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Combat Mental Health Initiative 2,400,000 Kaptur
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Combat Stress Intervention Program (CSIP) 2,400,000 Murtha
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Combat Vehicle Electrical Power-21st Century (CVEP-21) 800,000 Bayh, Lugar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Combat Wound Initiative at WRAMC 1,600,000 Byrd, Reed
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Command and Control, Communications and Computers (C4) module 1,200,000 Young (AK)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Commercially Viable Si/C Power Semiconductors Using Superlattice Technology 2,560,000 Gillibrand, Maloney Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Common Remote Stabilized Sensor System (CRS3) 2,800,000 Emerson Bond
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Compact Eyesafe Tactical Laser 1,200,000 Grijalva
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Compact MVCC Soldier Cooling System 1,600,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Compact Pulsed Power Initiative 3,000,000 Neugebauer, Conaway Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Compact, Day and Night CMOS Camera for Mini and Micro UAVs 2,000,000 Inslee
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Complementary & Alternative Medicine Research for Military Operations & 5,000,000 Harkin
Healthcare
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Complete Molten Carbonate Fuel Cell Demonstrator--Parks Reserve Forces 1,600,000 McNerney
Training Area
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Composite Applied Research and Technology for FCS and Tactical Vehicle 3,000,000 Castle Biden, Carper
Survivability
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Composite Bottles for Survival Egress Air 2,000,000 Crapo
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Composite Small Main Rotor Blades 1,600,000 Tiahrt Brownback, Dodd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Composite Structure Design 1,600,000 Johnson (GA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Composite Tissue Allotransplantation Research and Clinical Program 1,600,000 Yarmuth
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Condition Based Maintenance and Mission Assuredness for Ground Vehicles 2,400,000 Knollenberg Isakson, Levin, Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Consortium for Bone and Tissue Repair and Regeneration 800,000 Emerson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Constant Look Operational Support Environment (CLOSE) 1,600,000 Young (AK)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Control of Inflammation and Tissue Repair 3,200,000 Inslee, McDermott Cantwell, Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Control of Vector-Borne Diseases 1,200,000 Visclosky
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21505]]
RDTE,A Control System for Laser Powder Deposition 500,000 Herseth Sandlin Johnson, Thune
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Controlled Release of Anti-Inflammatory and tissue Repair Agents from 6,000,000 Blunt
Prothestic Devices and Burn Treatment
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Conversion of Municipal Solid Waste to Renewable Diesel Fuel 1,600,000 Rothman, Bartlett, Moran (VA), Payne Bayh, Lautenberg, Menendez, Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Copper Air Quality Program 2,000,000 Whitfield Wicker, Lieberman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Corneal Wound Repair 5,400,000 Blunt
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Counter-IED Force Protection Program 2,000,000 Holt
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A C-RAM Armor Development 800,000 Moran (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Crosshairs Hostile Fire Indicating System 2,000,000 Cornyn
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Cutting Tools and Materials for Aerospace 800,000 Grijalva
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Cyber Threat Analytics 2,400,000 Lewis (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Defense Applications of Carbonate Fuel Cells 1,600,000 Larson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Defense Helicopter Power Dense Transmission 1,280,000 Barrow Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Defense Materials Technology Center 3,000,000 Regula, Ryan (OH) Brown
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Demonstration/Evaluation project at Travis Air Force Base, California, to 400,000 Tauscher
develop a greenhouse gas inventory and footprint utilizing a web-based
Environmental Management Information System (EMIS)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Depleted Uranium Sensing and Treatment for Removal (DUSTR) Program 4,000,000 Cochran
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Deployable Space and Electronic Warfare Analysis Tools 800,000 Lamborn Casey
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Detection Algorithms and Software for Force Protection 1,600,000 Reed, Whitehouse
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Detection, Mitigation and Neutralization of High Explosive, Remotely 3,500,000 Bond
Detonated Devices
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Development of Drugs for Malaria and Leishmaniasis in US Military and 3,400,000 Cochran
Civilian Personnel
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Development of Enabling Chemical Technologies for Power from Green Sources 1,200,000 Olver
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Development of Improved Lighter-Weight IED/EFP Armor Solutions 1,000,000 Tiahrt Roberts
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Development of Truck Deployed Explosive Containment Vessel 1,600,000 Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Developmental Mission Integration 4,000,000 Frelinghuysen
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Dielectrically Enhanced Sensor Systems (DESS) 1,200,000 Cochran, Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Diminishing Manufacturing Sources and Material Shortages Case Resolution 2,400,000 Knollenberg, Miller (MI), Levin Levin, Stabenow
Program
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Direct Methanol Fuel Cell Battery Recharger Program 2,400,000 Visclosky
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Direct Methanol Fuel Cell Development 800,000 Crenshaw Martinez, Nelson (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Disposable Unit Dose Drug Pumps for Anesthesia and Antibiotics 1,750,000 Pelosi
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A D-NET: Electrically Charged Mesh (ECM) Defense Net Troop Protection System 2,560,000 Aderholt
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A DoD High Energy Laser Test Facility 4,000,000 Bingaman, Domenici
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A DoD Hydrogen PEM Fuel Cell Medium/Heavy Duty Vehicle Demonstration Program 1,600,000 Larson Lieberman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A DoD International Diabetes Research Initiative 2,000,000 Dicks
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Domestic Production of Nanodiamond for Military Operations 1,600,000 Peterson (PA) Casey
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Domestically Produced Atomized Magnesium for Defense 800,000 Kaptur
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Drive System Composite Structural Component Risk Reduction Program 2,400,000 Brady (PA) Casey, Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Dual Stage Variable Energy Absorber 2,400,000 Murphy, Patrick Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Dugway Lidar and Modeling Improvements 2,400,000 Bishop (UT) Bennett, Hatch
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21506]]
RDTE,A Dynamically Managed Data Dissemination (DMDD) 1,200,000 Olver
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Dynamometer Facility Upgrade Program at TARDEC 3,200,000 Dingell, Levin Levin, Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Effect Based Approach to Operations 1,600,000 Bennett
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Electric Commodity Project 800,000 Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Electro Conversion of Energetic Materials 3,600,000 Enzi
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Electrofluidic Chromatophores for Adaptive Camouflage 1,750,000 Chabot
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Electronic Combat and Counter Terrorism Threat Developments to Support Joint 3,760,000 Kingston Shelby
Forces
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Embedding Iris Recognition Technology On-board Warfighter Personal Equipment 800,000 Miller, George Roberts
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A End-to-End Vehicle Survivability Technology 1,600,000 Knollenberg Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Engineering Replacement Tissues 1,600,000 Reed, Whitehouse
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Enhanced Digital Electronic Night-Vision (EDEN) 1,600,000 Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Enhanced Holographic Imager 2,480,000 Conaway, Granger Cornyn
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Enhanced Jamming Resistant Technology for INS/GPS Precision Guided Munitions 1,600,000 Frelinghuysen
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Enhanced Ku-band / L-band Antenna System 800,000 Moran (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Enhanced Landmine and IED Detection System 960,000 Cubin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Enhanced Military Vehicle Maintenance System Demonstration Project with 1,600,000 Rogers (AL) Shelby
Anniston Army Depot and Auburn University
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Enhanced Rapid Tactical Integration and Fielding Systems (ERTIFS) 1,600,000 Sessions, Shelby
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Enhanced Robotic Manipulators for Defense Applications 750,000 Cubin Enzi
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Enhanced Vapor Aeration Capabilities (EVAC) 2,400,000 LaTourette Voinovich
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Expanding Access to Proven Lifestyle Modification Treatments Focused 1,750,000 Pelosi
onPreventing and Reversing Chronic Diseases
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Expansion and Development Upper and Lower Bionic Limbs 2,000,000 Davis (IL) Durbin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Experiential Technologies for Urban Warfare and Disaster Response 500,000 Burr
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Exploding Foil Initiators (EFI) with Nanomaterial-Based Circuits 1,600,000 Herseth Sandlin Johnson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Extended Duration Silver Wound Dressing--Clinical Trials 1,600,000 Shuler
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Extended Lifecycle Management Environment 800,000 English
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Extended Range Modular Sniper Rifle System 2,000,000 Inhofe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Extreme Light Sources, University of Florida 1,600,000 Wexler
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Extremely High Frequency (EHF)Transmitter for WIN-T Satellite Communications 2,000,000 Carney Casey
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Extremity War Injury Research Foundation 800,000 Doyle
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Eye-Safe Standoff Fusion Detection of CBE Threats 2,000,000 Doyle Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Facilitating Use of Advanced Prosthetic Limb Technology 1,600,000 Rush Durbin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A FCV Advanced Suspension System 1,600,000 Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Feeding Tube for Battlefield Trauma Patients (Phase II) 1,600,000 Ryan (OH)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Fibrin Adhesive Stat (FAST) Dressing 3,000,000 Etheridge, Price (NC), Van Hollen Burr, Cardin, Dole, Mikulski, Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Fighting Drug Resistant Infections 2,000,000 Hagel, Nelson (NE)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Fire Resistant Fuels 3,200,000 Rodriguez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Fire Shield 3,200,000 Dreier
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Fire Support Technology Improvement Program 800,000 Shuster
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21507]]
RDTE,A Flame and Thermal Protection for Individual Soldier 3,200,000 Kagen Kohl
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Flexible Electronics Research Initiative 1,600,000 Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Florida Collaborative Development of Advanced Materials for Strategic 1,200,000 Buchanan
Applications
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Foliage Penetrating, Reconnaissance, Surveillance, Tracking, and Engagement 3,200,000 McHugh, Walsh
Radar (FORESTER)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Freeze Dried Blood Technology Clinical Research 2,000,000 Cole Cardin, Inhofe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Fuel Cell Power System 800,000 Lungren
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Fuel Cells for Mobile Robotic Systems Project 800,000 Jackson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Fuel Logistics Reduction through Enhanced Engine Performance 1,200,000 McGovern
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Future Affordable Multi-Utility Materials for the Army Future Combat Systems 6,400,000 Boyd Grassley, Harkin, Johnson, Thune
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Future TOC Hardware/Software Integration 2,000,000 Everett Sessions, Shelby
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Garment-Based Physiological Monitoring Systems 1,600,000 Castle Biden, Carper
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Gas Engine Driven Air Conditioning (GEDAC) Demonstration 2,400,000 Berkley, Porter, Grijalva, Pastor, Renzi Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Geosciences/ Atmospheric Research (CG/AR) 1,600,000 Allard, Salazar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Geospatial Airship Research Platform 2,800,000 Kaptur
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Global Military Operating Environment 2,000,000 Ensign, Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Globally Accessible Manufacturing and Maintenance Activity 1,600,000 Knollenberg Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Green Armaments/Rangesafe 2,400,000 Frelinghuysen, Rothman, Sires Lautenberg, Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Green Environmentally Sustainable Laboratories and Clean rooms (USAMRMC) 800,000 Bishop (GA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Ground Combat Systems Electronic Enhancements 2,400,000 McKeon
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Ground Vehicle Integration Technologies 2,400,000 Levin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Ground Vehicle Reliability Modeling for Condition-Based Maintenance 800,000 Levin, Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Ground-forces Readiness Enabler for Advanced Tactical Vehicles (GREAT-V) 800,000 Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Gunfire Detection Systems for Unmanned Aerial Vehicles 800,000 Everett
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Hawaii Undersea Chemical Military Munitions Assessment Plan 4,000,000 Hirono, Abercrombie
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Headborne Energy Analysis and Diagnostic System (HEADS) 1,600,000 Mitchell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Health Informatics Initiative 2,500,000 Putnam, Castor, Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Health Information Technology Demonstration Project at Madigan Army Medical 1,000,000 Cantwell
Center and Puget Sound VA Medical Center
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Health Sciences Regenerative Medicine Center 3,000,000 Burr, Dole
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Heat Dissipation for Electronic Systems and Enclosures 2,000,000 Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Heavy Fuel Burning Engines for UAVs 2,000,000 Diaz-Balart, Lincoln Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Heavy Fuel High Efficiency Turbine Engine 2,000,000 Wexler
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Heavy Metals Total Life-Cycle Initiative 800,000 Bingaman, Domenici
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Helicopter Reliability and Failure Analysis Center 880,000 Cramer, Aderholt Shelby
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Helicopter Vulnerability Reduction 2,400,000 DeLauro, Courtney, Shays Dodd, Lieberman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Heuristic Internet Protocol Packet Inspection Engine (HIPPIE) 2,000,000 Akin Bond
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A HEV Battery System for Future Combat System 1,600,000 Bayh, Lugar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Hibernation Genomics 2,000,000 Stevens
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A High Altitude Airship 3,200,000 Ryan (OH) Brown
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A High Altitude Integration Testbed (HIT) 3,000,000 Cramer Sessions, Shelby
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21508]]
RDTE,A High Altitude Shuttle System for Battlespace Coverage 800,000 Hooley Smith, Wyden
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A High Detail Architecture Analysis Tool (HDAAT) 1,440,000 Cramer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A High Explosive Air Burst (HEAB) 25mm Ammunition 4,400,000 Costello, LaHood Durbin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A High Fidelity Imaging System (HiFIS) 800,000 Cramer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A High Fidelity Virtual Simulation and Analysis 1,600,000 Aderholt Shelby
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A High Power Electrolytic Super-Capacitors Based On Conducting Polymers 800,000 Bond
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A High Pressure Processing Prototype for Meals-Ready-to-Eat (MRE) 1,600,000 Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A High Speed Digital Imaging 4,500,000 Gregg, Sununu
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A High Temperature Polymers for Missile System Applications 3,200,000 Cochran
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A High-Frequency, High-Power Electronic and Optoelectronic Devices on Aluminum 3,200,000 Price (NC) Burr
Nitride
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Highly Mobile Remotely Controlled IED Countermeasures 800,000 Rothman Lautenberg, Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Highly Reliable, Maintenance Free Remote Solar Power System 640,000 Johnson (IL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Hi-Tech Eyes for the Battlefield 1,600,000 Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Hospital Emergency Planning and Integration (HEPI) 800,000 Shuster
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Host Pathogen Interaction Study 3,200,000 Cramer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Hostile Fire Indicator 4,000,000 Shea-Porter Gregg, Sununu
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Hull Humvee Protection Program 2,000,000 Barrett, Brown (SC) Graham
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Human Genomics, Molecular Epidemiology, and Clinical Diagnostics for 1,160,000 Pastor
Infectious Diseases (Note: Department of Defense Military Health System
Enhancement)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Human Terrain Geographic Decision Support 3,000,000 Murtha
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Hybrid Electric (Heavy Truck) Vehicle 2,400,000 Bartlett Cardin, Mikulski
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Hybrid Luminescent Ammunition 800,000 Landrieu, Vitter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A HYBRID Propellant for Medium and Large Caliber Ammunition 3,200,000 Boyd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Hydraulic Hybrid Vehicles (HHV) for the Tactical Wheel Fleet 800,000 Regula, Knollenberg Levin, Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Hydrogen Batteries for the Warfighter 3,000,000 Clyburn Graham
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A HYPERSAR 2,400,000 Bond
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Hyperspectral Sensor for Improved Force Protection (Hyper-IFP) 1,600,000 Akin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Illinois Center for Defense Manufacturing 2,000,000 Manzullo, Hare Durbin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Implementation of an Advanced Tactical Wheeled Armored Vehicle System 3,000,000 Levin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Improved Blackhawk De-icing 800,000 Moran (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Improved EFP and IED protection, Testing, Modeling and Proving Using Lithia 2,400,000 Tauscher, Sestak Corker
Alumina Silica (LAS) Glass Ceramics
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Improved Lightweight Integrated Communication and Hearing Protection Device 800,000 Altmire Casey, Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Improvised Explosive Device (IED) Simulation in Different Soils 500,000 Herseth Sandlin Johnson, Thune
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Individual Airburst Weapon System 1,000,000 Hayes, Rothman Coleman, Klobuchar, Lautenberg, Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Infectious and Inflammatory Disease Center at the Burnham Institute for 2,400,000 Bilbray, Davis (CA) Nelson (FL)
Medical Research (Note: Department of Defense Military Health System
Enhancement
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Information Assurance Development 1,600,000 Holt
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A InfraRed Goggle Upgrade System (IRGUS) 800,000 Sessions, Shea-Porter Cornyn
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Injection Molded Ceramic Body Armor 800,000 Olver
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21509]]
RDTE,A Ink-Based Desktop Electronic Material Technology 1,600,000 Frelinghuysen
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Innovative Wireless Technologies for Sensor Networks 700,000 Goode
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Institute for Advanced Materials and Manufacturing Strategies (IAMMS) 1,200,000 Kildee Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Institute for the Advancement of Bloodless Medicine 1,600,000 Rothman, Garrett Lautenberg, Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Institute of Surgical and Interventional Simulation (ISIS) 4,400,000 Dicks, McDermott, Smith (WA) Cantwell, Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Integrated Functional Materials 800,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Integrated Information Technology Policy Analysis Research 1,600,000 Lewis (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Integrated Lightweight Tracker System 1,600,000 Obey
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Integrated Patient Quality Program 1,600,000 Simpson Craig, Crapo
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Integrated Vehicle Health Monitoring System 1,600,000 Tsongas Kennedy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Intelligent Distributed Command and Control (IDC2) 2,400,000 Visclosky
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Intelligent Fault Protected Laser Diodes 800,000 Capuano
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Intensive Care Unit to Intensive Care Hospital 2,400,000 Rothman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Intensive Quenching for Advanced Weapon Systems 960,000 Sutton Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Inter Turbine Burner for Turbo Shaft Engines 3,200,000 Lewis (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A International Heart Institute/US Army Vascular Graft Research Project 1,000,000 Baucus, Tester
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A JAMMA Lightweight, Armored, Hybrid, Power Generating, Tactical Vehicle 2,000,000 Cannon Bennett, Hatch
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Joint Collaborative Medical Information System (JCMIS) 3,200,000 Murtha
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Joint Combat Support Trailer 3,200,000 Kagen
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Joint Fires and Effects Training System (JFETS) 2,000,000 Cole Inhofe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Joint Medical Simulation Technology Research and Development Center 1,600,000 Feeney
(JMSTRDC)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Joint Munitions and Lethality Mission Integration 1,600,000 Frelinghuysen
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Joint Munitions and Lethality Warfighter Technology Insertion 2,400,000 Frelinghuysen
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Joint Training Integration and Evaluation Center (JTIEC) 1,680,000 Feeney
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Joint Urban Environment Test Capability 2,000,000 Bingaman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Kinetic Energy Enhanced Lethality and Protection Materials 2,000,000 Davis, David Alexander, Corker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Knowledge, Innovation and Technology Sharing Program 1,600,000 Bond
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Large Aluminum Nitride Crystals for Effective Deep Ultraviolet Sources 800,000 McNulty Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Large Area Monitoring Network (LAMNET) 6,000,000 McConnell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Large Energy National Shock Tunnel (LENS XX) Hypervelocity Ground Testing 1,600,000 Higgins
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Large Format Li-Ion Battery 800,000 Moore (WI) Kohl
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Laser Based Explosives, Chem/Bio Standoff and Point Detector 4,000,000 Cardin, Mikulski
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Laser Studied and Enhanced Reactive Materials: Self-Decontaminating Polymers 1,600,000 Craig, Crapo
for Chemical-Biological Defense
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Lattice Block Structures for AM2 Matting Replacement 2,500,000 Hodes Gregg, Sununu
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Legacy Aerospace Gear Drive Re-Engineering Initiative 2,000,000 Larson Dodd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Lehman Injury Research Center (Ryder Trauma Center) (Note: Includes funding 6,000,000 Diaz-Balart, Lincoln; Diaz-Balart, Mario; Nelson (FL)
for Jackson Health System) Meek; Wasserman Schultz
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Leishmania Skin Test 800,000 Hunter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Lens-Less Micro Seeker System for Small Steerable Projectiles 1,600,000 Dreier
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Light Tactical Vehicle Ambulance Shelter 2,400,000 Biden, Cantwell, Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21510]]
RDTE,A Light Utility Helicopter Simulator 1,200,000 Barton
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Light Weight Medical Evacuation Unit 1,600,000 Knollenberg
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Light Weight Structural Composite Armor for Blast and Ballistic Protection 1,600,000 Castle, Price (NC), Shuler Burr
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Lightweight 1-2 Person Low-Pressure Inflatable Tents 800,000 Gregg
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Lightweight Anti-Ballistic Protection for Aircraft 400,000 Enzi
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Lightweight Caliber .50 Machine Gun (LW50MG) 8,000,000 Collins, Leahy, Snowe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Lightweight Cannon Recoil Reduction 1,920,000 Heller Ensign, Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Lightweight Multi-Functional Material Technology for Combat Munitions 800,000 Frelinghuysen, Rothman Lautenberg, Menendez
Logistics
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Lightweight Munitions and Surveillance System for Unmanned Air and Ground 2,800,000 Garrett Lautenberg, Menendez
Vehicles
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Lightweight Partial Hybrid Electric Military Transport Vehicle 1,600,000 Bayh, Lugar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Lightweight Polymer Designs for Soldier Combat Optics 1,200,000 Olver Kennedy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Lightweight Soldier Sensor Computing 800,000 Kohl
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Lightweight Transparent Armor for Force Protection 2,000,000 Cramer Casey, Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Lightweight Trauma Module 2,400,000 Frelinghuysen, Pascrell Lautenberg, Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Limb Regeneration Through Biometrics Technology 800,000 Capuano
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Limb Tissue Regeneration after Battlefield Injuries using Bone Marrow Stem 3,000,000 Wu, Baird, Blumenauer, Hooley, Smith (WA) Murray, Smith, Wyden
Cells
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Linear Accelerator Cancer Research 800,000 Rangel Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Lithium Ion Battery Exchange Program 2,400,000 Dent
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Logistical Fuel Processors for Army Development Program 2,800,000 Bachus, Rogers (AL) Sessions
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Long Range Hypersonic Interceptor 800,000 Boyda Brownback, Roberts
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Lookout Small Scale Radar 2,000,000 Walsh Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Low Cost Interceptor 2,400,000 Shelby
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Low Temperature Vehicle Performance Research 1,600,000 Levin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A LSTAT Advanced Medical Technologies 2,400,000 Sanchez, Loretta; Richardson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A LWI Training-based Collaborative Research 25,000,000 Skelton
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Magneto Inductive Remote Activation Munition System (MI-RAMS) Frequency and 2,800,000 Lewis (CA)
Digital Enhancements
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Magneto-Rheological (MR) Suspensions for Tactical Wheeled Vehicles 2,400,000 Price (NC) Dole, Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Maine Institute for Human Genetics and Health 1,600,000 Michaud Collins, Snowe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Manufacturing and Industrial Technology Center 800,000 Boyd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Manufacturing Metrology for Weapon System Production and Sustainment 1,760,000 Reed
(M2WSPS)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Manufacturing Technology Development of Advanced Solid State Lasers 2,400,000 McNerney, Carney Casey
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Mariah II Hypersonic Wind Tunnel Development 3,200,000 Rehberg Baucus, Tester
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Maritime C4ISR System 800,000 Shuster
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Mary Bird Perkins Cancer Center (Note: A treatment Planning Research 2,400,000 Cazayoux, Alexander Landrieu, Vitter
Laboratory for High Performance Computing and Radiation Dose Effects
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Maryland Proof of Concept Alliance for Defense Technologies 3,500,000 Mikulski
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Mass Scale Biosensor Threat Diagnostic for In-Theater Defense Utilization 1,600,000 Ros-Lehtinen
(FIU)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Materials Applications Research Center 800,000 Bachus
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A MATRIC-Project National Shield Integration Center 2,000,000 Capito
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21511]]
RDTE,A MATTRACKS 2,000,000 Peterson (MN)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Medical Errors Reduction Initiative 400,000 Rothman, Garrett Lautenberg, Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Medical Modeling and Simulation Through Synthetic Digital Genes 1,000,000 Craig, Crapo
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Medical Resources Conservation Technology System 2,400,000 Visclosky
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Medium Caliber Metal Parts Upgrade 2,600,000 Kanjorski Casey, Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Medium Sized Unmanned Ground Vehicles Platform 2,000,000 Diaz-Balart, Lincoln
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A MEMS Antenna for Wireless Comms 2,400,000 Conrad, Dorgan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Michigan Technological University's Project for Diverse Sensing for 800,000 Stabenow
Synergistic Force Protection in Urban Threat Environments
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Micro Electrical Mechanical Systems (MEMS) Technology and Plastic Armor 1,600,000 Ferguson Lautenberg, Menendez
Applications
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Micromachined Switches in Support of Transformational Communications 2,400,000 Miller, George
Architecture
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Micro-systems Nanotechnology for Advanced Technology Development 1,000,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Midwest Traumatic Injury Rehabilitation Center 1,460,000 Ehlers
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Military Adult Stem Cell Collection and Storage Project 800,000 Rothman Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Military Burn Trauma Research Program 4,000,000 Lungren, Matsui Boxer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Military Fuels Research Program 1,600,000 McConnell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Military Interoperable Digital Hospital Testbed 10,000,000 Murtha
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Military Jet-Fueled Fuel Cell Generator 800,000 Smith, Wyden
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Military Low Vision Research 1,600,000 Lynch, Capuano Kennedy, Kerry
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Military Nutrition Research: Personnel Readiness and Warfighter Performance 1,600,000 Alexander, Cazayoux Landrieu, Vitter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Military Photomedicine Program 2,800,000 Sanchez, Loretta Boxer, Dole, Kennedy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Miniature Cooling Unit for Electronic Devices 800,000 Johnson (IL) Durbin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Miniaturized Sensors for Small and Tactical Unmanned Aerial Vehicles 1,200,000 Reyes
(MINISENS)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Mini-LRAS3 Scout Surveillance System 1,600,000 Gregg, Sununu
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Minimizing Health Effects of Air Toxics on Military Personnel 1,600,000 Yarmuth
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Missile Attack Early Warning System (MAEWS) 2,000,000 Shelby
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Mission Execution Technology Implementation 3,200,000 Hulshof, Akin Bond
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Mitigation of Energetic Single Point Failures 2,400,000 Frelinghuysen
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A MLRS Disposal System 3,000,000 Ensign, Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Mobile Medic Training Program 800,000 Mica
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Mobile Object Search Toolkit for Intelligence Analysts 3,200,000 Dicks
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Mobile Optical Tracking System (MOTS) All Sky Imager (MASI) 1,200,000 Reyes, Rodriguez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Model-Based Engineering Environment 800,000 Capuano
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Modeling and Testing of Next Generation Body Armor 2,000,000 Rush Durbin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Modular Ballistic System for Force Protection 800,000 Collins, Snowe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Modular Stethoscope For Harsh Environments 1,200,000 Coleman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Modular Universal TOC Packages for Vehicles and Shelters 2,400,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Moldable Fabric Armor 1,200,000 Graham
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Mosquito Born Disease Prevention : Malaria & Dengue Fever 800,000 DeLauro Dodd, Lautenberg, Lieberman, Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21512]]
RDTE,A Moving Vehicle BAT Face Recognition Surveillance System 1,200,000 Gregg, Sununu
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A MRAP Supportability System (MSS) 4,000,000 Murtha
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Multi-layer Coextrusion for High Performance Packaging 2,400,000 Obey Kohl
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Multipurpose Nanosat Missile System (MNMS) formerly Integrated Nanosat 6,000,000 Cramer Shelby
Delivery System (INDS)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Munitions Evaluation for Composite Electric Armor 1,200,000 Coleman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A MUSC Cancer Genomics Research Collaborative 800,000 Brown (SC)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Nanocomposite Enhanced Radar and Aerospace Materials 1,200,000 Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Nanocrystal Source Display 1,200,000 Markey
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Nano-Crystalline Cement for High Strength, Rapid Curing Concrete with 1,440,000 Visclosky
Improved Blast Resistance
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Nanofabricated Bioartificial Kidney, Pancreas, and Liver 2,500,000 Knollenberg
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Nanofluids for Advanced Military Mobility 800,000 Davis (KY) Bunning
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Nano-Imaging Agents for Early Disease Detection 1,600,000 Green, Al; Culberson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Nanomanufacturing of Multifunctional Sensors 1,000,000 Tsongas, Olver Kennedy, Kerry
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Nanophotonic Devices 1,600,000 Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Nanoscale Biosensors 2,500,000 Lincoln, Pryor
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A NanoSensor StageGate Accelerator (NSSA) 1,200,000 McNulty, Gillibrand Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Nanostructured Materials For Photovoltaic Applications 1,600,000 McHugh Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Nanosystems through Optical Biosensors 1,600,000 Slaughter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Nanotechnology for Potable Water and Waste Treatment 1,000,000 Murphy, Tim
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Nanotechnology Fuze-On-A-Chip 2,800,000 Obey Kohl
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Nanotechnology Manufacturing Center 2,000,000 Barrow Chambliss
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Nanotubes Optimized for Lightweight Exceptional Strength Composite Materials 2,400,000 Boyd, Crenshaw Martinez, Nelson (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A National Biodefense Training 5,000,000 Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A National Eye Evaluation and Research Network (NEER) -Clinical Trials of 800,000 Sessions Harkin
Orphan Retinal Degenerative Diseases
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A National Functional Genomics Center 6,000,000 Bilirakis, Castor, Young (FL) Martinez, Nelson (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A National Oncogenomics and Molecular Imaging Center 3,200,000 Knollenberg
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A National Warfighter Health Sustainment Study 800,000 Capuano, Price (NC)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Near-Net Shaped Direct-Sintered Silicon Carbide Torso Plates 1,600,000 Snyder Lincoln, Pryor
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Networked Dynamic Spectrum Access Investigation Enhanced MBITR 2,400,000 Bartlett Mikulski
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Neural Controlled Prosthetic Device for Amputees 1,600,000 Murtha
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Neuroimaging and Neuropsychiatric Trauma in Warfighters 5,000,000 Pelosi Boxer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Neuroimaging of Brain Disorders 800,000 Jones (OH) Voinovich
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Neuroscience Research Consortium to Study Spinal Cord Injuries 800,000 Wasserman Schultz Nelson (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Neutron/Hadron Particle Therapy 1,200,000 Foster Durbin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A New High Temperature Domestic Sourced PES Foam Fabrication/Certification for 2,400,000 Johnson, Eddie Bernice
DOD Aerospace Applications
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A New Vaccines to Fight Respiratory Infection 4,000,000 Latham Grassley, Harkin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Next Generation Communications System 1,200,000 Altmire Casey, Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Next Generation Diesel Engine for Ground Vehicles 4,000,000 Emanuel Durbin, Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21513]]
RDTE,A Next Generation High Performance Ballistic Materials and Technologies 1,440,000 Myrick
Providing 7.62mm Small Arms Protection for US Armed Forces Helmets
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Next Generation Ice Protection Technologies 1,600,000 Roberts
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Next Generation Lightweight Drive System for Army Weapons Systems 1,600,000 Herseth Sandlin Johnson, Thune
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Next Generation Non-Tactical Vehicle Propulsion 1,600,000 Hall (NY), Kuhl Levin, Mikulski, Stabenow, Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Next Generation Protective Seat 2,400,000 Gerlach Casey, Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Next Generation Wearable Video Capture System 800,000 Stupak
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Next-generation Combat Helmet Development 2,800,000 Butterfield Dole
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Nickel Boron Coating Technology for Army Weapons 2,400,000 Mahoney, Boyd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A No-Idle Climate Control for Military Vehicles 1,600,000 Brady (TX)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Non-communications ECM Technology Demo 1,200,000 Holt
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Non-Hazardous Infrared Anti-Reflective Coatings for Army Aircraft Sensors 1,200,000 Hayes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Norfolk State University Center for Modeling and Simulation 2,400,000 Scott (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Northern Ohio Integrated Command Operations Program 1,600,000 Kaptur
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Novel Approaches to Reduce the Severity of Battlefield Combined Tissue 1,600,000 Berkley, Porter Ensign, Reid
Injury
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Novel Extremity Body Armor 600,000 Herseth Sandlin Johnson, Thune
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Novel Flame Retardant Nylon Fabrics 1,200,000 Spratt Chambliss
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Novel Guidance Kit--Phase 2 (NGK2) for M864 Projectile 4,000,000 Burr, Coleman, Leahy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Novel Methods for Detecting and Inhibiting Corrosion 1,360,000 Conrad, Dorgan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Novel Onboard Hydrogen Storage System Development 800,000 Levin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Novel Zinc Air Power Sources for Military Applications 1,600,000 Rogers (AL) Shelby
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A N-STEP-Enabled Manufacturing Cell for Future Combat Systems 2,400,000 Jordan, Latta
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A OH-58D Kiowa Warrior Vehicle Health and Usage Management System (VHUMS) 2,400,000 Welch, Herseth Sandlin
Demonstration
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A ONAMI Miniature Tactical Energy Systems Development 2,400,000 Walden, Blumenauer, DeFazio, Hooley, Wu Smith, Wyden
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Oncology Group Pediatric Cancer Research (CH) 1,600,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A One-Step JP-8 Bio-Diesel Fuel 1,600,000 Obey
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Online Medical Training for Military Personnel 2,800,000 McConnell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A On-The-Move Telescoping Mast 2,400,000 Regula
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Open Source Intelligence for Force Protection and Intelligence 1,600,000 Hutchison, Roberts
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Operator Situational Awareness System--MEDEVAC 1,750,000 Pelosi
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Optical Neural Techniques for Combat / Post-Trauma Healthcare 1,600,000 Inslee, McDermott, Smith (WA) Cantwell, Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Optimized M-25 Soldier Fuel Cell System 2,000,000 Castle Biden
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Organic Semiconductor Modeling and Simulation 1,200,000 Cornyn
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Orion High Altitude Long Loiter (HALL) UAV 5,000,000 Cochran, Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Parts on Demand for CONUS Operations 5,000,000 Conrad, Dorgan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Passive IR Sensor for Persistent Wide Area Surveillance 2,000,000 Hodes Gregg
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Payload and Advanced Development for Next Generation Robot Platform 2,000,000 Tierney Kennedy, Kerry
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Peer Reviewed Orthopaedic Extremity Trauma Research 5,000,000 Bayh, Cornyn, Harkin, Hutchison, Landrieu
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Perpetually Available and Secure Information Systems (PASIS) 3,200,000 Doyle
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Personal Miniature Thermal Viewer 1,600,000 Michaud
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21514]]
RDTE,A Personal Status Monitor 2,000,000 McHugh, Walsh
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Pharmaceutical Advanced Packaging 1,600,000 Holden Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Photovoltaic Tent Fabric 2,800,000 Kaptur
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Plant-based Vaccine Research (Mitchell Memorial Cancer Center) 2,000,000 Lewis (KY)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Plasma Energy Pyrolysis System (PEPS) Clean Fuels 800,000 Davis (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Plasma Sterilizer 3,200,000 Ellison, McCollum Coleman, Klobuchar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Plasma Technology Laboratory 800,000 Ortiz
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Plug-In Architecture for DoD Medical Imaging 800,000 Moran (VA) Warner, Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Plug-In Hybrid Vehicle Electrification Program 3,200,000 Kilpatrick, Conyers, Dingell, Knollenberg Levin, Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Portable autonomous fluid-less near-infrared non-invasive alcohol testing 500,000 Bingaman
devices
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Portable Emergency Broadband System 4,000,000 Gerlach, Sestak Casey, Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Portable Non-Magnetic Compass/Positioning/Timing Device 1,600,000 Allen, Michaud Collins, Snowe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Positron Sensors and Energy Applications 3,000,000 Cantwell, Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Power and Energy Research Equipment Upgrades 6,000,000 Levin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Power Dense Transmissions 1,280,000 Inglis, Barrett, Goode, Regula, Ryan (OH)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Prader-Willi Syndrome (PWS) Research 1,600,000 Royce
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Precision Guided Airdropped Equipment 3,680,000 Clarke, Towns, Weiner
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Precision Molding Manufacturing Technology for Infrared Aspheric Optics 2,320,000 Rothman, Andrews, Dent Lautenberg, Menendez, Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Press-Loaded Explosive Projectile Washout Line 800,000 Ellsworth Coleman, Klobuchar, Lugar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Prevention of Compartment Syndrome, Ultrafiltration Catheter 1,600,000 McCollum, Ellison Coleman, Klobuchar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Processing DNA Data Using Classical Discrimination Techniques (PRODDUCT) 2,000,000 Cramer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Project Kryptolite Force Implementation Phase 1,200,000 Smith (NJ) Lautenberg, Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Prostate and Ovarian Cancer Biomarkers (Note: Department of Defense Military 1,200,000 Murphy, Patrick
Health System Enhancement)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Protective Textile Fabric 800,000 Dingell Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Proteomics Project (CH-LA) 1,200,000 Schiff
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A QuickMEDS 800,000 Sessions
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Quiet, Low-Impact Alternative Energy Technology 2,240,000 Wilson (OH), Space
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Radar Tag Emitters 2,400,000 Domenici
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Radiation Hardening Initiative 2,400,000 Cramer, Aderholt Sessions, Shelby
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Raman Chemical ID System 1,600,000 Tierney Kennedy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A RAND Arroyo Center 4,000,000 Feinstein
RDTE,A Range Scrap Disposal, Hawthorne Army Depot 800,000 Brady (PA), Sestak
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Rapid and Accurate Pathogen Identification/Detection (RAPID) Program 1,600,000 Visclosky Bayh, Lugar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Rapid Insertion of Developmental Technology 2,400,000 Frelinghuysen, Sires
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Rapid Prototyping for Special Projects 3,200,000 Frelinghuysen
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Rapid Response Force Protection System 2,400,000 Rothman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Rapid Response System for Active Protection of Ground and Air Vehicles 4,160,000 Cramer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Rapid Up-Armor Synthesis and Crashworthiness Design for Improved Soldier 1,200,000 Visclosky, Donnelly
Survivability
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Rapid Vaccine Discovery Technology 1,600,000 Visclosky, Capuano
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21515]]
RDTE,A Ration Packaging Materials and Systems for MREs 3,600,000 Obey Kohl
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Reconfigurable Tooling System 1,600,000 Heller
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Regional Integrated Command Center (RICC) 800,000 Doyle
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Rehabilitation and Assistive Technologies to Enhance the Life of Individuals 800,000 Young (FL), Castor
with Disabilities
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Remote Bio-Medical Detector 2,000,000 Murtha
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Remote Explosive Analysis and Detection System (READS) 2,240,000 Cramer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Remote Unmanned Vehicle Checkpoint System 1,000,000 Levin, Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Remote Video Weapons Sight, USSOCOM SBIR 2,000,000 Radanovich
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Remotely Operated Weapons Systems 5,000,000 Frelinghuysen
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Renewable Energy for Military Applications 1,600,000 Bayh, Lugar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Renewable Energy Testing Center 1,600,000 Lungren, Matsui
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Renewable Jet Fuel from Lignocellulosic Feedstocks 3,200,000 Herseth Sandlin Johnson, Thune
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Respiratory Biodefense Initiative 1,600,000 Allard, Salazar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Returning Soldier Adjustment Assessment Remote Monitoring System Research 3,120,000 Bishop (GA)
Study
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Ripsaw Unmanned Ground Vehicle (UGV) Weaponization 1,200,000 Allen Collins, Snowe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Robotics Vehicle Secure Communications 2,000,000 Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Rotary Valve Pressure Swing Absorption Oxygen Generator 800,000 Davis (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Rugged Electronic Textile Vital Signs Monitoring 3,000,000 Kennedy Reed, Whitehouse
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Ruggedized Cylinders for Expandable Mobile Shelters 2,400,000 Obey Kohl
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Rural Health (CERMUSA) (Note: To serve remote and rural military retiree 2,400,000 Shuster Casey
populations)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Safe Airway Access in Combat 2,000,000 Hagel
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Self Powered Prosthetic Limb Technology 2,400,000 Peterson (PA) Casey, Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Self Powered, Lightweight, Flexible Display Unit on a Plastic Substrate 1,600,000 Grassley, Harkin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Self-Deploying Autonomous Sensor Platforms for Situational Awareness 4,000,000 Blunt
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Semi-Autonomous or Unattended Psychological Operations and Reconnaissance 2,400,000 Spratt
Tool (SUPORT)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Shadow Tactical Unmanned Aerial System Flight in the National Airspace 4,000,000 Cardin, Mikulski
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Short Range Electro Optic (SREO) 1,600,000 Nelson (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Silver Fox and Manta UAS 2,000,000 Giffords
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Small Agile Satellites 400,000 Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Small Business Infrared Material Manufacturing-Silicon Alternative 5,600,000 Durbin
Substrates
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Small Unmanned Aerial Vehicles and Sensors 500,000 Herseth Sandlin Johnson, Thune
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Smart Data Project: Real-Time Geospatial Video Sensor Intelligence 800,000 Tierney Kennedy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Smart Machine Platform Initiative 4,000,000 Chabot, McNulty Brown, Schumer, Voinovich
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Smart Prosthetic Hand Technology 1,600,000 Craig, Crapo
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Smart Prosthetics Research 1,600,000 Kuhl, Walsh Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Smart Sensor Supercomputing Center 5,800,000 Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A SOCOM Lightweight Unmanned Ground Robot 1,600,000 Ross
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Software Lifecycle Affordability Management Phase II (SLAM II) 800,000 Saxton Lautenberg, Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21516]]
RDTE,A Soldier Fuel Cell System 2,400,000 Visclosky
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Soldier Portable Power Pack (SP3) for the 21st Century Warrior 1,700,000 Price (NC), Hayes Dole
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Soldier Survival in Extreme Environments 2,960,000 Hagel, Nelson (NE)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Soldier Worn Gunshot Detection System 2,400,000 Visclosky
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Solid Oxide Fuel Cell Powered Tactical Smart Charger 1,600,000 Walsh
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Solid State Processing of Titanium Alloys for Defense Materiel Armaments 1,440,000 Kaptur
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Solid State Shelter Lighting System 384,000 Hill Bayh
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Solutions for Infection Control in Military Hospitals 2,000,000 Nelson (NE)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Southeast Nebraska Cancer Center/National Functional Genomics Center 1,200,000 Fortenberry Nelson (NE)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Specialized Compact Automated Mechanical Clearance Platform 1,600,000 Murphy, Patrick
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Spectroscopic Materials Identification Center 800,000 Berry Lincoln, Pryor
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Spinal Muscular Atrophy (SMA) Research Program 3,200,000 Pelosi, Nadler, Rangel Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Spring Suspended Airless Tires for Convoy Protection 2,800,000 Obey
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Stabilized Enzyme Biofuel Cell (SEBC) for Unmanned Ground Sensors 800,000 Bond
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Standoff Hazardous Agent Detection and Evaluation System 2,800,000 Berry Lincoln, Pryor
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Standoff Improvised Explosive Device Detection Program 4,800,000 Boyd, Berry, Brown (FL), Hirono, Meek Akaka, Lincoln, Martinez, Pryor
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Staph Vaccine 4,000,000 Conrad, Dorgan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Strattice Dermal Matrix Research 2,400,000 Ferguson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Stryker Common Active Protection System (APS) Radar 1,600,000 Johnson, Sam; Hall (TX); Reyes Cornyn
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Stryker Second Source Tire Research 800,000 Goode, Ryan (OH) Voinovich, Warner, Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Super High Accuracy Range Kit (SHARK) 3,600,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Superior Weapons Systems Through Castings 1,600,000 Brownback, Lincoln, Pryor, Roberts
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Superlattice Semiconductors for Mobile SS Lighting and Solar Power 2,400,000 Hinchey
Applications
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Sustainable Alternative Energy for DoD 2,400,000 Obey
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Synchrotron-based Scanning Research Neuroscience and Proton Institute 5,000,000 Lewis (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Synthetic Automotive Virtual Environments 2,400,000 Hodes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Systems Biology Biomarkers Toxicology Initiative 2,640,000 Dicks, Baird, McDermott Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Tactical Asset Visibility Enhancement 500,000 Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Tactical Booster for Mobile Network Centric Warfare 1,600,000 Obey Kohl
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Tactical Metal Fabrication System (TacFab) 2,000,000 Turner, Brown (SC), Clyburn, Markey, Ryan Kerry, Lautenberg, Menendez
(OH), Tierney, Tsongas
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Tactical RPG Airbag Protection System (TRAPS) Enhancement 800,000 Capps, Farr
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Technologies for Metabolic Monitoring (TMM) 800,000 Gonzalez Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Technologies for Military Equipment Replenishment 3,600,000 Obey Kohl
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Technology and Human Systems Integration 2,400,000 Kennedy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Technology Commercialization and Management Network 1,600,000 Lewis (CA), Hinojosa
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Technology for Rapid Foreign Language Acquisitions for Specialized Military 1,200,000 Sununu
and Intelligence Purposes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Telepharmacy Remote Medicine Device Unit (TRMDU) 1,400,000 Brady (PA), English Casey
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Terahertz Spectrometer 800,000 Murphy (CT) Dodd, Lieberman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Test Support Infrastructure Darning and Trafficability Study 4,000,000 Bingaman, Domenici
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21517]]
RDTE,A Thermal and Electrical Nanoscale Transport (TENT) 1,600,000 Honda
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Thermoelectric Power Generation Materials and Devices 1,200,000 Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Threat Detection and Neutralization Project 3,200,000 Mollohan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Titanium Extraction, Mining and Process Engineering Research (TEMPER) 3,000,000 Baucus
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Titanium Powder Advanced Forged Parts Program 1,600,000 Murtha
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Total Quality System for FDA Regulated Activities Database 1,440,000 Bishop (GA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Toxic Particles 800,000 Allen Collins, Snowe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Transportable Cryofracture/Plasma Arc 1,600,000 Doolittle Baucus, Tester
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Trauma Care, Research and Training 2,400,000 Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Trauma Hemostat 800,000 Cohen
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Turbo Fuel Cell Engine 2,500,000 Murtha
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A UAS Sense and Avoid Concept Evaluation for Airspace Integration 2,400,000 Shelby
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A UAV-Resupply BURRO 1,200,000 Larson Dodd, Lieberman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Ultra High Speed MEMS Electromagnetic Cell Sorter (UHSMECS) 2,400,000 Capps
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Ultra Light Weight Transmission for FCS 1,600,000 Walberg Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Ultra-Endurance Coating 3,600,000 Hobson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Ultra-High Resolution Display for Army Medicine (UHRDARM) 4,000,000 Hall (NY) Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Ultrasonic Consolidation for Armor Applications 1,200,000 Dingell Levin, Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Ultrasonic Impact Technology 1,200,000 Shelby
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A UMDNJ Cancer Initiative 2,400,000 Payne, Pallone, Sires, Smith (NJ)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Uncooled Metal-Oxide Semiconductor Field-Effect Transistor (MOSFET) Embedded 2,400,000 Visclosky
Micro-cantilevers
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Universal Control Full Authority Digital Engine Control (FADEC) 3,200,000 Larson Dodd, Lieberman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A University Center for Disaster Preparedness and Emergency Response 1,600,000 Pallone, Payne, Smith (NJ) Lautenberg, Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Unmanned Ground Vehicle Advanced Technology Development 2,500,000 Murtha
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Unmanned Ground Vehicle Initiative (UGVI) 12,000,000 Levin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Unserviceable Ammunition Demilitarization via Chemical Dissolution 800,000 Bennett, Hatch
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Urban Patterns and Signatures to Support Counter-Insurgency Operations 1,200,000 Gregg
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Use of Drugs to Reduce Hearing Loss from Acute Acoustic Trauma 1,280,000 McHugh
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A UXO Detection and Classification in Volcanic Soil Using an Integrated Fully 1,000,000 Hirono Akaka
Polametic GPR and Chemical Sensor Technology
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Vectored Thrust Ducted Propeller Compound Helicopter 5,000,000 Castle Biden, Carper, Casey, Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Vehicle Armor Structure Development and Testing for Future Combat Systems 800,000 Levin Levin, Stabenow
and Joint Light Tactical Vehicle
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Vehicle Common Armor Manufacturing Process (VCAMP) 2,000,000 Saxton
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Vertical Integration for Missile Defense Surveillance Data 3,280,000 Cochran
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Vertical/Horizontal Integration of Space Technologies and Applications 2,400,000 Aderholt
(VISTA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A VideoArgus 2,000,000 Holt, Rothman Lautenberg, Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Vigilant Sentinel Auto-ID and Access Control System 1,600,000 Tiahrt
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A VIPER Mobile Power Development Project 800,000 Harman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Virtual Opportunity and Information Center 1,000,000 Murphy, Tim
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21518]]
RDTE,A Vision Integrating Strategies in Ophthalmology and Neurochemistry (VISION) 3,200,000 Granger Cornyn
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Visualization for Training and Simulation in Urban Terrains 1,200,000 McConnell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Warfighter Cancer Care Engineering 2,400,000 Carson Bayh, Lugar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Wearable Gyro-Compensated Personnel Tracking During GPS Interference 800,000 Slaughter, Kuhl
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Wearable Personal Area Network Technology 2,400,000 Spratt
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Weight Measurements and Standards for Military Personnel 2,000,000 Vitter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Western Hemisphere Security Analysis Center 1,600,000 Hastings (FL) Nelson (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Wireless Analysis and Visualization Engines for Sensors (WAVES) 800,000 Stupak
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Wireless Electronic Patient Records 3,200,000 Harman Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Wireless Medical Monitoring System (WiMed) 1,600,000 Boswell, Latham Grassley, Harkin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Wound Infection Treatment Program 2,400,000 Baldwin Kohl
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,A Wyoming Valley Integrated Command Operations Program (ICOP) 1,600,000 Carney
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Accelerated Insertion of Advanced Materials and Certification for Military 3,000,000 Tiahrt Brownback, Roberts
Aircraft Structure Material Substitution and Repair
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Accelerator-Driven Non-Destructive Testing 2,000,000 Simpson Crapo
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF ACES 5 Ejection Seat 5,600,000 Lamborn, Pastor Allard, Bennett, Cochran, Dodd, Lieberman,
Salazar, Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Acquisition Data Repository (ADR) 2,800,000 Hobson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Active Unmanned Air Vehicle (UAV) Phenomenology and Automatic Target 2,000,000 Hobson
Recognition Technology Transition (ATR)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Advance Casting and Coating Technologies for Aircraft Canopies 2,800,000 Sutton Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Advance Threat Alert/Advance Technology Demonstration 4,880,000 Hodes Gregg, Sununu
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Advanced Aerospace Heat Exchangers 1,600,000 Wilson (OH) Voinovich
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Advanced Carbon Fiber Research and Test Initiative 2,400,000 Spratt, Inglis Graham
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Advanced Data Exploitation and Visualization 800,000 Brown
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Advanced Electromagnetic Location of IEDs Defeat System 1,600,000 Kaptur
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Advanced Fiber Lasers Systems and Components 960,000 Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Advanced fuel cell based power system for small UAV applications 1,200,000 Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Advanced Lithium Ion Battery Manufacturing 1,600,000 Scott (GA) Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Advanced Military Installations that Integrate Renewable Energy and Advanced 4,000,000 Bond
Energy Storage Technologies
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Advanced Modular Avionics for Operationally Responsive Space Use 2,400,000 Wilson (NM) Bingaman, Domenici
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Advanced Nanotube Micro-Munitions Weapon Technology Initiative 1,600,000 Bishop (GA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Advanced Staring Infrared Testbed (ASIRT) Technology Demonstration 960,000 Allard, Salazar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Advanced Technical Intelligence Center (ATIC) 2,000,000 Hobson Voinovich
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Advanced Thermal Control Coatings for Space Applications 1,600,000 Davis (IL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Advanced Vehicle Propulsion Center 1,200,000 McKeon
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Aerodynamic Wind Tunnel Upgrade Initiative 1,600,000 Giffords
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Aerospace Lab Equipment Upgrade 800,000 Napolitano
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Affordable Lightweight Power Supply Development 1,000,000 Gerlach Casey, Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Air Cargo Tracking and Analysis/Secure Skies 1,360,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Air Force Minority Leaders Program 8,000,000 Alexander, Corker, Hutchison, Landrieu
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21519]]
RDTE,AF Air Purification with Carbon Nanotube Nanostructured Material 5,000,000 Leahy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Aircraft Evaluation Readiness Initiative 2,400,000 Grassley, Harkin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Aircraft Fatigue Modeling and Simulation 3,000,000 Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Alternative Energy--Tin City 500,000 Stevens
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Alternative Energy Fuel Cell Power 1,600,000 Ryan (OH), Sutton Brown
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Applications of LIDAR to Vehicles with Analysis 7,000,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Assessment of Alternative Energy for Aircraft Ground Equipment 1,600,000 Wu Smith, Wyden
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF ASSET eWing and Data Fusion Technology Integration 4,000,000 Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Assured Aerospace Fuels Research 1,600,000 Voinovich
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF AT-6B Capabilities Demonstration for the Air National Guard 6,000,000 Tiahrt Brownback
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Automated Sensor-Communication Response Technology 1,600,000 Hobson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF B-1 Bomber 16-Carry Adapter Weapons Initiative 4,160,000 Herseth Sandlin Johnson, Thune
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF B-2 Advanced Tactical Data Link 11,200,000 Feinstein, Inhofe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Ballistic Missile Technology 2,400,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Base Facility Energy Independence 3,200,000 Kaptur
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF BattleSpace: Reducing Military Decision Cycles 1,280,000 Hagel, Nelson (NE)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Big Antennas Small Structures Efficient Tactical (BASSET) UAV 1,200,000 Harman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Bio-JP8 Fuel Development 800,000 Boyd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Biothreat Test Pouch for Film Array System 800,000 Bennett
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Body Armor Improved Ballistic Protection 2,000,000 Murtha
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Broad Area Multi-Intelligence Ubiquitous Surveillance Enterprise 1,600,000 Walsh, Kuhl Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF C-130 Automated Inspection, Repair, Corrosion and Aircraft Tracking 3,200,000 Kingston, Marshall Chambliss, Isakson
Condition-Based Maintenance Plus
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Carbon Nanotube Enhanced Power Sources for Space 2,400,000 Markey, Olver
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Carbon Nanotube-based Radiation Hard Nano-Electronic Devices 7,200,000 Blunt
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Carbon Non-Materials for Advanced Aerospace Applications 2,400,000 Culberson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Center for Microplasma Science and Technology (CMST) 2,000,000 Rothman, Sires Lautenberg, Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Center for Responsive Space Systems 800,000 Wilson (NM) Bingaman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Center for Solar Electricity and Hydrogen 3,600,000 Kaptur
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Center of Excellence for Defense UAV Education 4,000,000 Pomeroy Conrad, Dorgan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Ceramic Matrix Composite Turbine Blade Demonstration 4,000,000 Shays Dodd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Chip Scale Atomic Clock 2,400,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Close Proximity Space Situational Awareness 640,000 Edwards (TX)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Coal Transformation Laboratory 800,000 Lugar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Combat Sent Wideband Sensor Upgrade Program 3,040,000 Ensign
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Command and Control Service Level Management (C2SLM) program 4,000,000 Blunt
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Compact Laser Terminal for Airborne Network Centric Warfare 2,800,000 Visclosky
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Component Object Model Attitude Control System Simulation/Trainer 1,600,000 Murray, Warner, Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Compound Zoom for Airborne Reconnaissance (CZAR) 1,200,000 Sherman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Conducting Polymer Stress and Damage Sensors for Composites 1,440,000 Cochran
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21520]]
RDTE,AF Consortium for Nanomaterials for Aerospace Commerce and Technology 2,400,000 Hinojosa Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Conventional Strike Mission Integration Demonstration 4,800,000 Lewis (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Core Component Jammer (CCJ) 9,000,000 Tiahrt Brownback, Roberts
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF COTS Analysis Tools for Navigational Warfare 1,200,000 Sestak
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF COTS Technology for Situational Space Awareness 2,800,000 Gerlach Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Cyber Attack Mitigation and Exploitation Laboratory (CAMEL) III 2,000,000 Arcuri Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Cyber Security Laboratory at Louisiana Tech University 3,000,000 Alexander, McCrery Landrieu
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Defensive Counterspace Testbed 800,000 Allard
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Development and Testing of Advanced Paraffin-Based Hybrid Rockets for Space 2,800,000 Lofgren
Applications
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Development and Validation of Advanced Design Technologies for Hypersonic 2,000,000 Coleman, Klobuchar
Research
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Diamond Substrate for Cooling of Micro-Electronics 2,000,000 Reed
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Distributed Mission Interoperability Toolkit (DMIT) 1,600,000 Sestak, Andrews, LoBiondo
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Eglin AFB Range Operations Center (ROCC) Initiative 800,000 Miller (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Eielson Air Force Base Alternative Energy Source Program 2,400,000 Young (AK)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Eielson Air Force Base Coal to Liquid Initiative 5,000,000 Stevens
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Electromagnetic In-Flight Propeller Balancing System 2,000,000 English Casey, Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Electronics Liquid Cooling for Advanced Military Ground and Aerospace 1,000,000 LaTourette
Vehicle Projects
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF EMI Grid Fabrication Technology 2,720,000 Bono Mack
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Energetic Device Quality and Reliability Improvements Using Computer Aided 2,400,000 Blunt
Process Control
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Expeditionary 200 kW+ Alternative Power Generator 800,000 Lamborn
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Expert Organization Develoment System (EXODUS) 1,000,000 Capito
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF F-15 AESA Development and Demonstration 12,000,000 Cochran, Feinstein, Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF F-15 AN/ALR-56C RWR Digital Receiver Upgrade 3,200,000 Rothman, Pascrell Lautenberg, Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF FEL Capabilities for Aerospace Microfabrication 1,120,000 Wittman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Field Programmable Gate Arrays Mission Assurance Center 3,000,000 Bingaman, Domenici
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Fire and Blast Resistant Materials for Force Protection 1,600,000 Moore (WI) Kennedy, Kohl
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Flash Hyper-Dimensional Imaging System for Space Situational Awareness and 1,600,000 Hirono Akaka, Inouye
Ballistic Missile Defense
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Flexible Access Secure Transfer (FAST) 1,200,000 Pascrell, Rothman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Florida National Guard Missile Range Safety Technology 1,600,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF FPS-16 Radar Mobilization Upgrade 2,800,000 Miller (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Freedom Fuels/Coal Fuels Alliance 3,200,000 Bunning
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Gallium Nitride RF Power Technology 1,600,000 Coble
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Health Surveillance System 1,600,000 Inslee Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF High Power Broadly Tunable Middle-Infrared Laser Sources 2,400,000 Davis (AL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF High Temperature Hydrogen Energy Production Facility 1,200,000 Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Holloman High Speed Test Track 4,000,000 Pearce Bingaman, Domenici
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Homeland Emergency Learning and Preparedness (HELP) Center 3,000,000 Hobson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21521]]
RDTE,AF Hybrid Bearing 1,600,000 Coble, Hayes, Shuler, Turner Dodd, Dole, Gregg, Lieberman, Voinovich
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Hybrid Sounding Rocket Propulsion 800,000 Hunter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Hydrocarbon Boost Technology Demonstrator 1,400,000 McCarthy (CA), Doolittle, Matsui, McKeon
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Imaging Tools for Human Performance Enhancement and Diagnostics 2,000,000 Hobson Voinovich
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Inductive Thermography Systems Inspection 2,400,000 Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Information Quality Tools for Persistent Surveillance Data Sets 1,600,000 Snyder Lincoln, Pryor
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Innovative Polymeric Materials for Three-Dimensional (3-D) Microdevice 1,600,000 Emerson
Construction
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Institute for Science and Engineering Simulation (ISES) 3,360,000 Burgess
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Integrated Aircraft Energy Management 2,000,000 Hobson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Integrated Electrical Starter/Generator (IES/G) 1,600,000 Turner Voinovich
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Integrated Power for Aircraft Technologies (INPACT II) 3,500,000 Manzullo Durbin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Integrated Propulsion Analysis Tool 2,000,000 Lewis (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Integrated SAR/PI Evaluator for Critical Target and Activity Recogniton 800,000 Hobson
(INSPECTAR)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Integrated Spacecraft Engineering Tool (ISET) 1,600,000 Lewis (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Integrated Targeting Device 3,000,000 Nelson (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Intelligent Manufacturing Initiative 2,400,000 Pryce Voinovich
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Internal Base Facility Energy Independence--Solar 1,600,000 Kaptur
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Joint Theater Air Ground Simulation System 2,400,000 Martinez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Large Aircraft Infrared Countermeasures for AFSOC AC/MC-130 Aircraft 4,400,000 Miller (FL) Martinez, Nelson (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Large Area, APVT Materials Development for High Power Devices 800,000 Frelinghuysen Lautenberg, Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Laser Peening for Friction Stir Welded Aerospace Structures 1,600,000 Tiahrt
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Lean Management System Research Initiative at Air Mobility Wing MacDill AFB 800,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF LGX High Temperature Acoustic Wave Sensors 1,600,000 Collins, Snowe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Light Weight Organic Photovoltaic Technologies 1,200,000 Altmire
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Lightweight, High-Efficiency Solar Cells for Spacecraft 800,000 Durbin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Liquid Crystal Laser Eye Protection 1,600,000 Ryan (OH)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Lithium Ion Domestic Materials Development 1,600,000 Courtney Dodd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Low Profile Arresting Gear 800,000 Sestak Casey
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Low Voltage, Wideband Electro-Optic Polymer Modulators 3,000,000 Inslee Cantwell, Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Low-Earth Orbit Nanosatellite Integrated Defense Autonomous Systems 5,000,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Manufacturing of High Energy Superior Lithium Battery Technology 6,000,000 Bond
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Massively Parallel Optical Interconnects (MPOI) for ISR Satellites 1,600,000 Ensign
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Massively Parallel Optical Interconnects for MicroSatellite Applications 1,600,000 Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Materials Integrity Management Research for Air Force Systems 800,000 Roberts
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Microcomposite Coatings for Chrome Replacement 800,000 Jones (OH)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Micro-Grid Energy Storage Utilizing a Deployable Zinc-Bromide Flow Battery 1,600,000 Marshall
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Micromachined Switches for Next Generation Modular Satellites 2,400,000 Miller, George
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Micro-Satellite Serial Manufacturing to Include Academic Outreach 800,000 Harman, Lewis (CA)
Educational Program
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Mobile Wind Turbine Systems to Power Forward Bases 800,000 Brown
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21522]]
RDTE,AF Moving Target Strike 2,000,000 Miller (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF M-PACT High Pressure Pure Air Generator System 1,600,000 Frelinghuysen, Garrett Lautenberg, Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF MPOI for Battlespace Information Exchange 3,900,000 Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF MQ-9 Reaper--UAS AirPortal, Hancock Field 3,000,000 Walsh
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF MSSS Operations & Research 22,000,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Multi Platform Radar Technology Improvement Program (MPRTIP) Integration and 20,000,000 Shays, Weldon Chambliss, Dodd, Isakson, Lieberman
Test on JSTARS
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Multicontinuum Technology for Space Structures 2,880,000 Cubin Enzi
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Multi-mission Deployable Optical System 4,000,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Multi-Mode Space Propulsion 800,000 Gilchrest Mikulski
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Multiple UAS Cooperative Concentrated Observation and Engagement Against a 4,400,000 Bartlett, Sestak
Common Ground Objective
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Multi-Sensor Detect, See and Avoid 6,000,000 Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Multi-Sensor Person-Borne Suicide Counter Bomber Detection Systems 1,200,000 Hobson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Nano-Composite Structures Manufacturing Technology Development 800,000 Turner Brown
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Nanocomposites for Lightning Protection of Composite Airframe Structures 1,200,000 Tiahrt Brownback
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF National Test Facility for Aerospace Fuels and Propulsion 1,360,000 Buyer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Net-Centric Sensors Grid 800,000 Hill Bayh, Lugar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF New Electronic Warfare Specialists Through Advanced Research by Students 1,600,000 Hobson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Next Generation Casting Supplier Base Initiative 2,400,000 Blumenauer Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Next Generation Manufacturing Processes 1,200,000 Smith (TX)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Next Generation Tactical Environmental Clothing for AFSOC 2,000,000 Rogers (AL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF NP 2000 Propeller System--Air National Guard Special Missions C-130 2,000,000 Murphy (CT) Dodd, Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Nuclear Test Seismic Research 2,000,000 Leahy, Kennedy, Kerry
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF ONAMI Safer Nanomaterials and Nanomanufacturing 4,000,000 Blumenauer, DeFazio, Walden, Wu Smith, Wyden
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Operational Responsive Space Architecture for Dual Use Applications 1,272,000 Perlmutter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Optic Band Control Program 800,000 Bilirakis
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Optically Pumped Atomic Laser (OPAL) 2,800,000 Hobson, Grijalva
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF PanSTARRS 8,000,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Partnership for Emerging Technologies 1,600,000 Duncan Corker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Partnership in Innovative Preparation for Educators and Students and the 800,000 Allard, Salazar
Space Education Consortium
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Pennsylvania NanoMaterials Commercialization Center 2,000,000 Doyle
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Persistent Sensing Data Processing, Storage and Retrieval 1,600,000 Brown
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF PhasorBIRD Helmet Tracker 2,480,000 Leahy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Plasma-Sphere Array for Flexible Electronics 2,800,000 Kaptur
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Precision Image Tracking and Registration 1,600,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Predator Mission Aircrew Training System (PMATS) Upgrade 2,400,000 Hinchey Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Prepreg Thickness Variability Reduction Program 1,600,000 Hall (TX)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Production of Nanocomposites for Aerospace Applications 1,600,000 Turner Voinovich
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Project Air Force 3,000,000 Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21523]]
RDTE,AF Radiation Hardened Microelectronics (HX5000) Carbon Nanotube Sensors 2,000,000 Coleman, Klobuchar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Radiation Hardened Non-Volatile Memory Technology 1,600,000 Lamborn Salazar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Rapid Automated Processing of Advanced Low Observables 1,600,000 Brown
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Rapid Prototyping and Nanotechnology Initiative 800,000 Waters
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Rapid Replacement of Mission Critical Electronics to Support High Usage 1,500,000 Marshall Chambliss, Isakson
Wartime Aircraft Deployments
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Real-time Optical Surveillance Applications 2,800,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Reconfigurable Electronics and Non-Volatile Memory Research 2,000,000 Craig, Crapo
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Reconfigurable Secure Computing 1,200,000 Moran (VA) Warner, Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Regional Telepathology Initiative at Keesler AFB 2,500,000 Cochran
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Remote Suspect Identification 3,200,000 Alexander, McCrery
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Renewable Hydrocarbon Fuels for Military Applications (Great Lakes Region) 2,000,000 Kucinich Brown
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Rivet Joint ISR Network Integration 2,000,000 Hall (TX)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Satellite Coherent Optical Receiver (SCORE) 1,750,000 Pelosi
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Science for Sustainment 1,600,000 Hobson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Scorpion Low Cost Helmet Mounted Cueing and Information Display System 4,000,000 LaHood Durbin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Secure Network Centric Operations 1,600,000 Johnson, Sam
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Semiconductor Optical Amplifier for Responsive Space MPOI 2,200,000 Heller, Porter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Sensor Fusion 2,400,000 Hobson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Sewage-Derived Biofuels Project 2,400,000 Cochran
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Shielding Rocket Payloads 400,000 Herseth Sandlin Johnson, Thune
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Silicon Carbide Electronics Material Producibility Initiative 4,800,000 Pickering Cochran
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Silicon Carbide Power Electronics for More Electric Aircraft 3,200,000 Pickering Cochran, Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Small Adaptive Cycle Turbine Engines 1,600,000 Kaptur
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Small Low-Cost Reconnaisance Spacecraft Components 1,600,000 Bishop (UT)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Smart View Program (SVP) 800,000 Hobson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Sonic Infrared Imaging Technology Development 800,000 Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Space Control Test Capabilities 1,600,000 Everett, Aderholt, Rogers (AL) Sessions, Shelby
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Space Qualification of the Common Data Link 1,600,000 Cannon Bennett
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Space Situational Awareness 1,200,000 Edwards (TX)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Space Situational Awareness--TCN Demonstration and Deployment 3,000,000 Kennedy, Kerry
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Strategic Biofuel Supply Program 1,000,000 Rodriguez Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Super-Resolution Sensor System 2,000,000 Allard
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Sustainable Energy Vermont National Guard Demonstration Projects 5,000,000 Leahy, Sanders
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Synthetic Aperture Radar (SAR) Thunder Radar Pod (TRP) 3,200,000 Israel Bond, Graham
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Tactical Shelters Next Generation Composite Initiative 1,600,000 Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Technical Order Modernization Environment 1,440,000 Kaptur
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Technology Insertion Demonstration and Evaluation (TIDE) 3,200,000 Doyle
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Texas Research Institute for Environmental Studies 1,600,000 Brady (TX)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Thermal IR Processing and Exploitation Cell (TPEC) 2,400,000 Hobson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21524]]
RDTE,AF Thin Film Amorphous Solar Arrays 1,600,000 Levin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Tools and Technologies for Incident and Consequence Management 800,000 Moran (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Transportable Transponder Landing System 4,000,000 Smith, Wyden
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Ultra High Resolution Deployable Projector for Simulation 3,200,000 Enzi
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Ultra Low Power Electronics 3,200,000 Craig, Crapo
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Ultralight Aerospace Nanotube Conductors 2,000,000 Hodes Sununu
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Unmanned Aerial Systems Mission Planning and Operation Center 400,000 Moran (KS)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Vortex Low Cost Rocket Engine 2,400,000 Kohl
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Warfighter Support Using HELIOS 2,400,000 Cramer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Warner Robbins Air Logistics Center Special Operations Forces 800,000 Marshall Chambliss, Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF WASH Oxygen Sensor and Cell-Level Battery Controller 800,000 Dreier
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Watchkeeper 800,000 Rehberg Baucus, Tester
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Weather Sensors for CoT 1,600,000 Moran (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF Wideband Digital Airborne Electronic Sensing Array 2,400,000 Reed, Whitehouse
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF WR-ALC Strategic Airlift Aircraft Availability Improvement 3,360,000 Kingston, Marshall Chambliss, Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,AF XTC58F VAATE Small Turbo Fan Program 3,600,000 Pastor
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW 3-D Electronics and Power 2,400,000 Calvert
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW 3-D Technology for Advanced Sensor Systems 1,440,000 Simpson, Price (NC) Craig, Crapo, Dole
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Acinetobacter Baumannii Research 2,000,000 Pelosi Boxer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Advanced Active Denial Planar Scanning Antenna System 1,600,000 Sherman, Gallegly
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Advanced Battery Technology 2,300,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Advanced Craft Technology Demonstrators to Quantify and Mitigate Operator 2,000,000 Davis (CA)
Injury
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Advanced Development of Mobile Rapid Response Prototypes 1,600,000 Lautenberg, Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Advanced Emergency Response Integrated Environment (AERIE) 1,200,000 Sestak
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Advanced Information Discovery and Analysis Capability for NSA 1,200,000 Bennett, Hatch
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Advanced Materials Research Institute 2,400,000 Jefferson Landrieu, Vitter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Advanced Missile Simulation Technology for Intelligence Analysis 1,280,000 Cochran
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Advanced Mobile Microgrid 2,720,000 Rogers (MI), Conyers, Dingell Levin, Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Advanced SAM Hardware Simulator Development 5,000,000 Johnson (GA), Bishop (GA), Cramer, Gingrey, Chambliss, Isakson
Scott (GA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Advanced Scientific Missile Intelligence Preparation of the Battlespace 2,000,000 Cramer
(IPB)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Advanced Tactical Laser Flashlight Devices 1,200,000 Kilpatrick
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Advanced Tactical Threat Warning Radio (ATTWR) 1,200,000 Lofgren Boxer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Advanced Technology Sensors and Payloads 1,600,000 Lewis (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Advanced, Long Endurance Unattended Ground Sensor Technologies 3,600,000 Pickering Cochran
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW AELED IED Electronic Signature Detection 3,200,000 Murtha
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Agile JTRS Integrated Circuits 1,600,000 Capps
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Agile Software Capability Interventions 1,600,000 Bond
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Aging Systems Sustainment and Enabling Technologies 2,000,000 Lucas Inhofe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Airborne Infrared Surveillance (AIRS) System 800,000 Sullivan, Boren Inhofe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21525]]
RDTE,DW All-Source Content Management (ASCMAN) for Actionable Intelligence 1,600,000 Bond
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Antibody-Based Therapeutic Against Smallpox 800,000 Van Hollen Cardin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Antioxiant Micronutrient Therapeutic Countermeasures for Chemical Agents 800,000 McCarthy (NY)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Arctic Regional Supercomputer 3,200,000 Stevens
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Armed Forces Health and Food Supply Research 5,000,000 Roberts
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Augmented Reality to enhance Special Warfare Domain Awareness 1,600,000 Allen Collins, Snowe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Autonomous Rendezvous/Formation Flight 2,000,000 Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Bio Agent Early Warning Detector 2,000,000 Hoyer Cardin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Bio-Butanol Production Research 2,000,000 Clyburn
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Biodefense Vaccine Development and Engineering of Antiviral Peptides 1,600,000 Vitter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Biofuels Program 1,600,000 Levin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Biological Threat Antibody Research 1,600,000 King (IA), Herseth Sandlin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Biometric Signatures Research 2,000,000 McConnell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Biometric Terrorist Watch-List Data Base Management Development 1,600,000 Ramstad, Shays, Tsongas Coleman, Kerry, Lieberman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Biosurety Development and Management Program 1,200,000 Reyes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW BOPPER (Bioterrorism Operations Policy for Public Emergency Response) 1,200,000 Watt Burr
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Botulinum Neurotoxin Research 1,600,000 Baldwin Kohl
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Buoyancy Assisted Lift Air Vehicle 2,500,000 Napolitano, Sherman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Camp Guernsey Joint Training and Experimentation Center 6,000,000 Barrasso
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Carbon Nanotube Chemical Detector 800,000 Edwards (TX)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Carbon Nanotube Thin Film Devices for Portable Power 1,600,000 Lewis (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Catalytic Oxidation Integrated Demonstration 2,400,000 LaTourette, Pastor
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Cellulosic-Derived Biofuels Research Project 4,000,000 Chandler
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Center for Advanced Emergency Response 4,400,000 Durbin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Center for Autonomous Solar Power (CASP) large-area, flexible PV energy 4,000,000 Hinchey Schumer
research
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Center for Innovative Geospatial Technology 10,000,000 Lewis (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Center for Nonproliferation Studies, Monterey Institute for International 1,200,000 Berman
Affairs
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW/GP CEROS 10,000,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Chemical Warfare Agent Fate Appropriate Response Tool 1,600,000 Kildee
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Chemical/Biological Infrared Detection System 1,200,000 Collins
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Chemical/Biological Preparedness Center for Advanced Development of Mobile 4,000,000 Rothman
Rapid Response Prototypes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Collaboration Gateway 1,200,000 Lewis (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Collection Management Tool Development 1,440,000 Cramer, Aderholt Shelby
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Combating Terrorism Technology Support Office/STAR-TEC Partnership Program 2,400,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Commercial Denied Area Radargrammetry Mapping 800,000 Allard, Salazar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Commodity Management System Consolidation program 1,600,000 Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Common UGV Command and Control for PSYOP Programs 800,000 Moran (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Communications-Capable Reconnaissance Imager 800,000 Leahy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Comprehensive Maritime Domain Awareness 4,500,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21526]]
RDTE,DW Comprehensive National Incident Management System 2,000,000 Moran (VA), Goode Warner, Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Connectory Expansion for Rapid Identification of Technology Sources for DoD 400,000 Hunter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Contaminated Human Remains Pouch 1,600,000 Brownback, Roberts
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Continuation of Advanced Materials (Mercuric Iodide) Research for Nuclear 800,000 Young (FL)
Detection, Counter-Proliferation and Imaging for CBRNE Special Operations
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Continuation of Industry Based Research into Biological Agent Identifiers 1,600,000 Young (FL)
without Wet Reagents
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Continued Expansion of Prototypes for the Destruction of Airborne Pathogens 800,000 Slaughter
Project
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Continuous Acquisition and Life-Cycle (CALS) and Integrated Data Environment 3,200,000 Byrd
and Defense Logistics Enterprise Services Program
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Copper-Based Casting Technology Applications 2,800,000 Perlmutter Salazar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Corrosion Engineering Education Initiative 800,000 Regula, Ryan (OH), Sutton
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Countering Missile-related Technology Proliferation 2,000,000 Goode
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Countermeasures to Chemical/Biological Control-Rapid Response 2,400,000 Young (FL) Nelson (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Covert Communications for SOF Operations 1,600,000 Gingrey Chambliss, Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Covert Sensing and Tagging System (CSTS) 1,200,000 Moran (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW C-Scout Container Security System 2,400,000 Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW CV-22 Helmet Mounted Display 2,000,000 Young (FL) Bayh, Lugar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Defense Command Integration Center 880,000 Moore (KS), Boyda Brownback
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Defense Fuelcell Locomotive 2,000,000 Brownback
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Defense Leadership and Technology Initiative 2,400,000 Bishop (GA); Cummings; Davis (IL); Jackson- Schumer
Lee; Johnson, Eddie Bernice; Lee; Meek;
Norton; Ruppersberger; Sestak; Watt
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Defense Support to Large Scale Disaster Preparedness 800,000 Landrieu, Vitter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Defense Through Early Containment 1,200,000 Towns
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Department of Defense Corrosion Program 12,000,000 Cochran, Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Directed Energy Systems for UAV Payloads 800,000 Tiahrt
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Disaster Response: Communications and Other Infrastructure Restoration 4,000,000 Crapo
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Distributed Network Switching 2,000,000 Sanchez, Loretta Boxer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW DNA Safeguard 1,200,000 Craig, Crapo
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Document Analysis and Exploitation 1,600,000 Dent Casey, Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Document and Media Search and Discovery (DMSD) 1,440,000 Cochran, Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Dual Use Technologies for Bio-Defense: Drug Design and Delivery of Novel 1,200,000 Diaz-Balart, Mario
Therapeutics
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW EDIT Technology for Counter-Tunnel Operations and Cache Detection 800,000 Udall (NM) Domenici
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Electric Grid Reliability/Assurance 1,200,000 Simpson Craig, Crapo
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Electronics and Materials for Flexible Sensors and Transponders 3,200,000 Pomeroy Conrad, Dorgan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Emerging Critical Interconnection Tech 2,000,000 Ellsworth Bayh, Lugar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Enhanced Simulation for IO Capabilities 5,120,000 Cochran, Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Environmentally Friendly Aircraft Decontamination Systems 1,600,000 LaTourette
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Environmentally Friendly Nanometal Electroplating Processes for Cadmium and 5,304,000 Obey
Chromium Replacement
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21527]]
RDTE,DW Environmentally Intelligent Moisture and Corrosion Control 2,000,000 Visclosky Lautenberg, Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Expeditionary Persistent Power (USSOCOM) 1,600,000 Shuster
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Explosively Formed Projectile Iron Curtain 800,000 Moran (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Ex-Rad Radiation Protection Program 5,000,000 Lautenberg, Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Extended-Lifetime Radioisotope Batteries 1,600,000 Price (NC) Burr
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Eye-Safe Long Range Stand-off System for Detection of Chemical and 1,500,000 Cubin Enzi
Biological Weapons
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Facial Recognition Technology Initiative 2,000,000 Klein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Facility Security Using Tactical Surveys 2,400,000 Lewis (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Feature Size Migration at DMEA AMRS Boundary 2,000,000 Lungren, Matsui
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Ferroelectric Component Technology 1,200,000 Peterson (PA) Casey, Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Field Experimentation Program for Special Operations 1,600,000 Farr
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW First Link 2,000,000 Murtha
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Flashlight Soldier-to-Soldier Combat Identification System (FSCIS) 5,600,000 Granger, Rodriguez Cornyn
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Florida Defense Manufacturing Supply Chain Initiative 2,000,000 Brown (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Foliage Penetrating Reconnaissance and Surveillance System 3,200,000 Akaka
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Full Scale Impact and Blast Loading Laboratory Testing Program 1,600,000 Davis (CA) Boxer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Generation II Special Operation Forces Internally Transported Vehicle (SOF- 1,600,000 Waters
ITV)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Gulf Range Mobile Instrumentation Capability 800,000 Miller (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Helicopter Cable Warning and Obstacle Avoidance 800,000 Harman Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW High Assurance Cross Domain Solutions for High Performance Computing Center 2,000,000 Sununu
Net-Centric Operations
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW High Assurance Cross Domain Technology Development 2,000,000 Bilirakis Sununu
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW High Performance Computational Design of Novel Materials 2,480,000 Cochran
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW High Performance Tunable Materials 2,400,000 Conrad, Dorgan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW High Speed, High Volume Laboratory Network for Infectious Diseases 5,000,000 Pelosi, Udall (NM) Boxer, Domenici
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW High-Pressure Mobile Water Delivery System 800,000 Walberg
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Hostile Fire Indicating System 800,000 Barton, Sestak
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Hybrid Power Generation System 1,200,000 Simpson Crapo
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW HyperAcute Vaccine Development 2,400,000 Latham Grassley, Harkin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW IM Formulation Development of Anthrax Therapeutic 800,000 Frelinghuysen Lautenberg, Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Improved Chemical, Biological, and Radiological Filters 1,600,000 Warner, Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Improved Collapsible Urethane-Fuel Storage Tanks (ICU-FST) 1,600,000 Regula; Davis, David; Ryan (OH)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Improved Commercial Integration (ICI) 800,000 Allard
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Improved Information Transfer for Special Forces 2,400,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Improved LAS Glass-Ceramic Laminated Armored Window Systems 1,600,000 Duncan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW In Transit Visibility System 800,000 Brady (PA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW In Vitro Models for Biodefense Vaccines 1,000,000 Brown (FL) Martinez, Nelson (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Indiana Complex Operations Partnership 2,000,000 Hill Bayh, Lugar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Indium Based Nitride Technology Development 3,000,000 Clyburn
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Infections Disease Research (AMNH) for Defense Research Sciences 2,000,000 Lowey, Nadler
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21528]]
RDTE,DW Inland Empire Perchlorate Wellhead Treatment 2,000,000 Baca Boxer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Institute for Collaborative Sciences Research 1,200,000 Meek
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Institute for Information Security 2,500,000 Inhofe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Institute of Advanced Flexible Manufacturing Systems 7,000,000 Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Integrated Analysis Environment 1,200,000 Moran (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Integrated Bridge System 1,200,000 Mollohan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Integrated Cryo-cooled High Power Density Systems 1,600,000 Boyd Nelson (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Integrated Signature Production and Exploitation 800,000 Johnson (IL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Integration of Force XXI Battle Command, Brigade & Below (FBCB2) with 1,200,000 Shelby
Tactical Handheld Digital Devices (THDD)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Intelligence Analyst Education and Training 3,900,000 Cochran, Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Intelligent Decision Exploration 3,600,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Intelligent Remote Sensing for Urban Warfare Operations 2,400,000 Sestak, Fattah
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Joint Ground Robotics Enterprise Modeling, Simulation, Analysis Project 800,000 Emerson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Joint Gulf Range Complex Upgrade 1,200,000 Miller (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Joint Services Aircrew Mask Don/Doff In-flight Upgrade 1,600,000 Castle Biden, Carper
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Laboratory for High Performance Computational Systems 1,600,000 Cramer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Large Scale Single-Use Bioreactor for Rapid Response to Bioterrorism 800,000 Rogers (MI)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Liquid Crystal Sensor Technology Research and Development for Force 2,400,000 Baldwin Kohl
Protection
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Lithium Ion Battery Safety Detection and Control of Impending Catastrophic 1,600,000 Bayh, Lugar
Failures
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Long-range Tagging and Locating System 800,000 Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Low Cost Stabilized Turret 1,600,000 Crenshaw
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Machine Augmented Composite Armor 800,000 Rodriguez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Managing and Extending DoD Asset Lifecycles 2,500,000 Abercrombie Akaka
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Maritime UAS Demonstration for the SOUTHCOM Region 3,000,000 Cochran
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW MDIOC Modeling and Simulation 10,000,000 Lamborn Allard, Salazar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW MHPCC 5,000,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Micro-Power Special Operations Generator 1,600,000 Capuano
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Military/Law Enforcement Counterterrorism Test Bed 2,400,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW MilTech Expansion Program 1,600,000 Baucus, Tester
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Miniature, Remote Wideband Survey, Collection, and Recording System 800,000 Cramer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Miniaturized Chemical Detector for Chemical Warfare Protection (ChemPen) 1,600,000 McGovern, Olver
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Mismatch Repair Derived Antibody Medicines to Treat Staphylococcus-derived 1,600,000 Gerlach, Sestak Specter
Bioweapons
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Mixed Oxidants for Chem Bio Decontamination 2,800,000 Boyd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Mobile Continuous Air Monitor (MCAM) 1,600,000 Brown (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Mobile Sensor Enhancement to BMD Sensors Network 4,000,000 Langevin Kennedy, Vitter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Modeling and Simulation Standards Development 640,000 Forbes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Morehouse College, John Hopps Program 1,600,000 Bishop (GA), Lewis (GA) Chambliss, Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Multiple Applications for Light Activated, Reactive Materiels for the 1,600,000 Graves
Protection of the Warfighter, First Responder, and Public Health
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21529]]
RDTE,DW Multiple Target Tracking Optical Sensor Array Technology 5,000,000 Akaka
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Multi-Purpose Biodefense Immunoarray 800,000 DeLauro Dodd, Mikulski
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Multi-Spectral Laboratory (UML) and Analytical Services Center (ASCENT) 1,600,000 Lucas Inhofe
Program
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Multivalent Marburg, Ebola Filovirus Vaccine Program 3,500,000 Brown (SC) Graham
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Nano Porous Hollow Fiber Regenerative Chemical Filter 1,000,000 Hayes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW National Biometrics Security Project 3,200,000 Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW National Consortium for MASINT Research 3,000,000 Bingaman, Cardin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW National Nuclear Security Agency (NNSA ) Metals Declassification for Reuse 2,720,000 Granger
by DoD in Armaments
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW National Repository of Digital Forensic Intelligence (NRDFI) and the Center 1,200,000 Lucas Inhofe
for Telecommunications and Network Security (CTANS)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Naval Research Lab Supercomputing Information Prototype 2,800,000 Obey
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Networked Standoff Biological LIDAR 1,200,000 Moran (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW New England Defense Manufacturing Supply Chain Initiative 800,000 Michaud, Allen, Hodes, McGovern Collins, Dodd, Kennedy, Kerry, Leahy,
Lieberman, Reed, Sanders, Snowe,
Whitehouse
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW New Mexico State University Institute for Defense and Public Policy 10,000,000 Bingaman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Next Generation Intelligent Portable Radionuclide Detection and 1,600,000 English Specter
Identification Systems
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Next Generation Respiratory Protection 2,400,000 Johnson, Thune
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW NIDS Improved Handheld Biological Agent Detector 1,600,000 Castle Biden, Carper
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Night Vision Sensor 1,000,000 Hirono
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Northwest Defense Manufacturing Initiative 1,600,000 Walden, Blumenauer, DeFazio, Hooley, Wu Murray, Smith, Wyden
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Northwest Maritime Information and Littoral Operations Program 2,800,000 Dicks
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Novel System for Developing Therapeutics Against Botulism 4,000,000 Fortenberry Hagel, Nelson (NE)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Novel Viral Biowarfare Agent Identification and Treatment (NOVBAIT) 4,000,000 Pelosi
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW On-Site Alternative Fuel Manufacturing System 1,200,000 Carney
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Pacific Data Conversion and Technology Program 1,000,000 Akaka, Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Pacific Region Interoperability Test and Evaluation Capability 3,000,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Partnership for Defense Innovation Wi-Fi Laboratory Testing and Assessment 2,000,000 Hayes Burr
Center
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Pat Roberts Intel Scholars Program (PRISP) 2,000,000 Roberts
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Photo Catalytic Oxidation (PCO) Demonstration for Water Reuse 2,400,000 Visclosky
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Photovoltaic Power Supply for Autonomous Sensors 2,400,000 Etheridge
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Picoceptor and Processor for Man-portable Threat Warning 3,500,000 Gregg
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Plant Vaccine Development 1,600,000 Castle Biden, Carper
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Playas Training and Research Center Joint Training Experiment 4,800,000 Wilson (NM) Bingaman, Domenici
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Port and Hull Security 3D, Real Time Sonar System--Echoscope 1,600,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Portable Rapid Bacterial Warfare Detection Unit 4,000,000 Boswell, Latham Grassley, Harkin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Preventing Long-Term Brain and Lung Damage Caused by Battlefield Trauma 2,900,000 Slaughter, Higgins Schumer
Project
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Protection from Oxidative Stress 1,600,000 Harkin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Protective Self-Decontaminating Surfaces 1,600,000 Grijalva, Aderholt Shelby
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Radio Inter-Operability System (RIOS) 800,000 Moran (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21530]]
RDTE,DW Random Obfuscating Compiler Anti-Tamper Software 1,600,000 Michaud Collins, Snowe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Range Element Network Enterprise Technology (RE-NET) 4,000,000 Kingston, Bishop (GA) Chambliss, Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Rapid Forensic Evaluation of Microbes in Biodefense 1,000,000 Murtha
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Rapid Response Institute 3,200,000 Pallone, Saxton, Smith (NJ) Lautenberg, Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Reactive Overlay and Removable CBRN Coatings 1,600,000 McDermott Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Recombinant BChE Formulation Program 1,600,000 Sarbanes Cardin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Reliability Testing of Lead-Free Circuits/Components 1,440,000 Visclosky
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Remote Sensor Network Services Platform 2,000,000 Conrad, Dorgan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Renewable Fuel Systems for Defense Applications 3,200,000 Andrews, Sires Lautenberg, Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Research of Chemical and Biological Warfare Agents 800,000 Rangel
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Research on a Molecular Approach to Hazardous Materials Decontamination 1,200,000 Craig, Crapo
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Robotic Mobility Platform System 1,200,000 Boyd Gregg
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Roll-On, Roll-Off Reconnaissance, Surveillance, and Special Mission 4,000,000 Murtha
Palletized System
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Scalable Topside Array Radar Demonstrator 800,000 Gilchrest, Bartlett, Ruppersberger, Cardin, Mikulski
Sarbanes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW SeaCatcher UAS Launch and Recovery System 1,600,000 Sarbanes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW SEAL Delivery Vehicle (SDV) Integrated Combat System (ICS) 3,200,000 Murtha
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Secure Media and ID Card Development 240,000 Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Secure, Miniaturized, Free Space, Optical Communications 2,000,000 Rothman Lautenberg, Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Security for Critical Communication Networks 3,600,000 Rothman, Sires Lautenberg, Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Semiconductor Photomask Technology Infrastructure Initiative 2,400,000 Tauscher
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Shock Trauma Research Center 2,000,000 Cleaver
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Signal Intelligence and Electronic Warfare Developments for Integration of 1,600,000 Brown (SC) Graham
SOF Systems
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Simultaneous Field Radiation Technology (SFRT) 2,300,000 Pickering Cochran, Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Small Assault Vehicle Expeditionary (SAVE) 800,000 Landrieu
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Smart Bomb Millimeter Wave Radar Guidance System 2,000,000 Cochran
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Smart, Modular Regenerative Off-Grid Hydrogen Fuel Cell 1,000,000 Larson Dodd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW SOF Mission Training and Preparation Systems Interoperability 1,600,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Software Assurance Education and Research Institute 800,000 Kilpatrick, Conyers
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Space-Based Interceptor Study 5,000,000 Allard, Inhofe, Kyl, Sessions
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Spartan Advanced Composite Technology 1,600,000 Conrad, Dorgan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Spintronics Memory Storage Technology 2,400,000 Lewis (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Strategic Materials and Silicon Carbide Optics 4,400,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Superlattice Nanotechnology 2,000,000 Hayes Burr, Dole
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Superstructural Particle Evaluation and Characterization with Targeted 1,200,000 Burr, Dole
Reaction Analysis (SPECTRA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Surface Enhanced Infrared Detection of Threats 1,200,000 Edwards (TX)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Synthetic Fuel Innovation 4,000,000 Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Tactical Biometrics Operating and Surveillance System (TBOSS) 1,600,000 Capito
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Technology for Shallow Water Special Operations Forces Mobility 2,400,000 Boyd Nelson (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21531]]
RDTE,DW Technology Infusion Cell (TIC) 1,000,000 Hayes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Terahertz High-Resolution Portable Explosives Detector 800,000 Schiff
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Total Perimeter Surveillance 1,000,000 Walberg Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Tunable MicroRadio for Military Systems 4,800,000 Conrad, Dorgan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW UAV Situational Awareness System 1,000,000 Drake
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW UAV Systems Operations Validation Program (USOVP) 5,000,000 Pearce, Wilson (NM) Bingaman, Domenici
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Ultra Low Power Electronics for Special Purpose Computers 1,600,000 Craig, Crapo
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Ultra Photonics Program 1,280,000 Barrett
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Ultra Portable Unmanned Surveillance Helicopter 1,000,000 Murtha
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Ultrahigh-Strength Steel for Landing Gear 2,000,000 Hobson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Ultra-rapid Next Generation Pathogen Identification 2,000,000 Cochran
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW UML UAV/UAS Test Facility 2,400,000 Cole
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Unified Management Infrastructure System 1,200,000 Schakowsky
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW University Strategic Partnership 3,200,000 Wilson (NM) Bingaman, Domenici
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Unmanned Aerial Vehicle Avionics Upgrade (UAVAU) 1,200,000 Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Unmanned Aerial Vehicles 1,200,000 Stevens
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Vaccine Development Program 800,000 Pascrell Lautenberg, Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Vacuum Sampling Pathogen Collection and Concentration 3,200,000 Simpson Craig, Crapo
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Validation of an Enhanced Urban Air Blast Tool 2,400,000 Nadler Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Vehicle Fuel Cell and Hydrogen Logistics Program 8,000,000 Levin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Vet-Biz Initiative for National Sustainment (VINS) 2,000,000 Sarbanes Mikulski
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW ViriChip Rapid Virus Detection Systems 1,600,000 Harkin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Weapons Shot Counter 1,400,000 McConnell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Wiring Integrity Technology 1,600,000 Bishop (GA), Marshall
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW X-Band/W-Band Solid State Power Amplifier 1,600,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,DW Zumwalt National Program for Countermeasures to Biological and Chemical 1,200,000 Neugebauer
Threats
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N 76mm Swarmbuster Capability 1,600,000 Crenshaw
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Accelerated Improvement for Active Surface Electronic Warfare Systems 1,600,000 Moran (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Accelerating Fuel Cells Manufacturability and their Application in the Armed 2,400,000 Slaughter Schumer
Forces
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N ACINT (MASINT) Tape Digitization Program 2,000,000 Inhofe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Acoustic Research Detachment Large Scale Vehicles Operations Enhancement 480,000 Sali Craig, Crapo
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Acoustic Research Detachment Test Support Platform Upgrade 1,500,000 Sali Craig, Crapo
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Adaptive Diagnostic Electronic Portable Testset (ADEPT) 800,000 Schwartz
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Adelos National Security Sensor System 2,000,000 Baucus, Tester
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Advanced Airship Flying Laboratory, AAFL Phase 2 1,600,000 Smith, Wyden
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Advanced Composite Maritime Manufacturing 2,000,000 Castle Biden, Carper
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Advanced Continuous Active Sonar for UUVs 2,500,000 Craig, Crapo
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Advanced Fluid Controls for Shipboard Applications Phase III 2,500,000 Garrett Lautenberg, Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Advanced High Energy Density Surveillance Power Module 2,400,000 Baldwin Kohl
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Advanced Linear Accelerator (LINAC) Facility 3,200,000 Hill Bayh, Lugar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21532]]
RDTE,N Advanced Logistics Fuel Reformer for Fuel Cells 2,400,000 DeLauro Dodd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Advanced Molecular Medicine Initiative 2,000,000 Solis, Dreier
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Advanced Naval Logistics 1,600,000 Casey, Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Advanced Repair Technology for the Expeditionary Navy 800,000 Capps
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Advanced Ship Self Defense Technology Testing 4,000,000 Bishop (UT) Bennett, Hatch
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Advanced Simulation Tools for Aircraft Structures Made of Composite 1,200,000 Clay Bond
Materials
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Advanced Steam Turbine 1,600,000 Kuhl Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Advanced Tactical Control System (ATCS) 1,600,000 Frank, Olver Kennedy, Kerry, Reed
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N AEGIS Combat Information Center Modernization 4,000,000 Murtha
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Affordable Weapons System 11,200,000 Hunter, Gallegly
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Agile Laser Eye Protection 800,000 Walsh Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Agile Port and High Speed Ship Technology 6,000,000 Sanchez, Linda
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Aging Military Aircraft Fleet Support 1,600,000 Tiahrt Brownback, Roberts
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Air Combat Environment Test and Evaluation Facility Upgrade 3,000,000 Hoyer Cardin, Mikulski
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Air Sentinel 1,000,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Airborne Mine Countermeasures Open Architecture Technology Insertion 2,000,000 Davis (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Aircraft Composite Rocket Launcher Improvement 2,500,000 McCarthy (NY)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N All Weather Sense and Avoid Sensors for UAVs 2,500,000 Hoyer Cardin, Mikulski
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Amelioration of Hearing Loss 1,000,000 Baucus, Tester
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Analytics for Shipboard Monitoring Systems 1,600,000 Drake
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Arc Fault Circuit Breaker with Arc Location System 1,000,000 Matheson Bennett, Hatch
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Assault Directed Infrared Countermeasures 2,000,000 Rothman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Assistive Technologies for Injured Servicemembers 1,600,000 Martinez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N ASW Training Interoperability Enterprise Demonstration Test Bed 1,600,000 Dicks
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Automated Fiber Optic Manufacturing Initiative 2,800,000 Drake, Scott (VA) Warner, Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Automated Readiness Measurement System (ARMS) 2,800,000 Davis (VA), Courtney, Drake Warner, Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Autonomous Acoustic Array Advanced Tubular Solid Oxide Fuel Cell 2,000,000 Olver Kennedy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Autonomous Anti-Submarine Vertical Beam Array 1,600,000 Miller (NC), Coble Burr
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Autonomous Marine Sensors and Networks for Rapid Littoral Assessment 1,600,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Autonomous Power Management for Distributed Operation 400,000 Conrad, Dorgan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Autonomous Unmanned Surface Vessel 1,200,000 Akaka
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Autonomous Unmanned Undersea Vehicle (UUV) Delivery and Communication 2,800,000 Dicks, Inslee Murray
(AUDAC) Implementation
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Base Level Inventory Tracking System Enhancements 2,800,000 Vitter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Bio/Nano-MEMS for Defense Applications 1,500,000 McConnell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Biochemical Agent Detection 800,000 Edwards (TX)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Biosensors for Defense Applications 2,000,000 Landrieu
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Boat Trap System for Port Security/Water Craft Interdiction 2,400,000 Markey, Welch Leahy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Bow Lifting Body Ship Research 6,240,000 Kagen, Stupak Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N C-Band Radar Replacement Development 4,000,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21533]]
RDTE,N Center for Applied Research in Intelligent Autonomous Systems 2,400,000 Sestak, Fattah Casey, Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Center for Commercialization of Advanced Technology 2,500,000 Lewis (CA), Davis (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Center for Quantum Studies 1,200,000 Warner, Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Chafing Protection System 1,200,000 Pomeroy Conrad, Dorgan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Collective Aperture Multi-Band Sensor System 3,500,000 Gregg, Sununu
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Combustion Light Gas Gun Projectile 4,000,000 Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Common Architecture Imaging System (CAIS) Program 800,000 Sherman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Common Below Decks Affordable Architecture 3,200,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Common Expeditionary Force Protection System Architecture 4,000,000 Kennedy Reed
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Compact Ultra-fast Laser System Development 1,600,000 Ellsworth Bayh, Lugar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Composite Materials Enhancements through Polymer Science Research and 2,240,000 Cochran
Development
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Composite Tissue Transplantation for Combat Wounded Repair 2,000,000 Chambliss
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Computational Modeling and High Performance Computing in Advanced Material 1,200,000 Watt
Processing, Synthesis and Design
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Condition-based Maintenance Enabling Technologies Program 2,400,000 Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Cooperative Engagement Capability 4,800,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Countermine Lidar UAV-based System 1,200,000 Taylor Cochran
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Covert Robust Location Aware Wireless Network 1,600,000 Sanchez, Loretta
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Cross-Domain Network Access System 800,000 Johnson (IL) Durbin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Data Acquisition Reporting and Trending System (DARTS) 2,400,000 Brady (PA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N DDG 51 Permanent Magnet Hybrid Electric Propulsion System 7,600,000 Bartlett, Murphy (CT), Olver, Tsongas Dodd, Kennedy, Kohl, Lieberman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N DDG-51 Hybrid Drive System 6,600,000 Cochran, Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Defense Modernization and Sustainment Initiative 5,000,000 Kuhl
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Deployable Command and Control Vehicle 1,200,000 Boyd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N DEPUTEE--High Powered Microwave Non-Lethal Vehicle/Vessel Engine Disabling 1,600,000 Baucus, Bingaman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Desktop Virtual Trainer Follow-On 2,400,000 Murtha
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Detection and Neutralization of Electronically Initiated Improvised 2,000,000 Emerson
Explosive Devices
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Detection, Tracking, and Identification for ISRTE of Mobile and Asymmetric 1,600,000 Akaka
Targets
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Digital Directed Manufacturing Project 1,700,000 Yarmuth McConnell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Digital Modular Radio (DMR) 2,000,000 Pastor
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Digitization, Integration, and Analyst Access of Investigative Files, NCIS 1,600,000 Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Directed Energy Initiative 1,760,000 Warner, Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Disposable Biocidal Medical Masks for NAMRU Evaluation 800,000 Leahy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Distributed Maritime Surveillance System 1,600,000 Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Distributed Targeting Processor 2,400,000 Weldon
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Domain Specific Knowledge Capture Interface 1,360,000 Carney
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Durability, Energy Saving and Sustainability of Oceanic Vehicles and Support 800,000 Lincoln, Pryor
Infrastructure Through Use of Nanotech Lubricants
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N E-Beam Free Form Repair Qualification 1,200,000 Lipinski, Inslee
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Electrochemical Field Deployable System for Water Generation 2,800,000 Berkley Ensign, Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21534]]
RDTE,N Electromagnetic Signature Assessment System using Multiple AUVs 1,600,000 Craig, Crapo
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Electronic Motion Actuation Systems 800,000 Latta, Higgins, Shuler, Sutton Bennett, Dole, Hatch, Voinovich
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Energetics S&T Workforce Development 4,500,000 Hoyer Cardin, Mikulski
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Energy Efficient Gallium Nitride Semiconductor Technology 1,040,000 Visclosky, Capps
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Enhanced Special Weapons/Nuclear Weapons Security program 1,600,000 Hooley, Wu Smith, Wyden
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Environmentally Sealed, Ruggedized Avionics Displays 4,000,000 Butterfield, Hayes, McIntyre Burr, Dole
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N EP-3E Requirements Capability Migration Technology Integration Lab 4,800,000 Edwards (TX)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Evaluating ELF Signals in Maritime Environments 1,600,000 Sali Craig, Crapo
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Expeditionary Swimmer Defense System 2,400,000 Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Extended Underwater Optical Imaging 2,000,000 Mahoney, Hastings (FL) Martinez, Nelson (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Extensible Launching System 3,000,000 Cummings, Ruppersberger Cardin, Mikulski
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Extreme Torque Density (XTM) Propulsion Motor 800,000 Altmire Casey, Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N F/A-18 Avionics Ground Support System 2,400,000 Peterson (PA) Casey, Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Fiber Optic Conformal Acoustic Velocity Sensor (FOCAVES) 2,000,000 Cannon, Bishop (UT) Bennett, Hatch
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Field Support of Fiber Optic Cable 1,600,000 Schwartz
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Floating Area Network Littoral Sensor Grid 4,800,000 Dicks
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Friction Stir Welding 800,000 Bennett
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Fusion, Exploitation, Algorithm, Targeting High-Altitude Reconnaissance 6,000,000 Bennett
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Future Fuel Non-Tactical Vehicle Initiative 1,600,000 Kuhl Levin, Stabenow, Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Galfenol Energy Harvesting 1,600,000 Latham Grassley, Harkin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Gallium Nitride RF Power Technology 1,600,000 Coble, Watt Burr, Dole
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Guillotine 1,600,000 Warner, Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Hampton University Cancer Treatment Initiative 8,000,000 Scott (VA), Moran (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Harbor Shield--Homeland Defense Port Security Initiative 3,500,000 Reed, Voinovich, Whitehouse
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N HealtheForces 2,800,000 Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N High Awareness Littoral Observing (HALO) Sensor--360 Degree Imaging for 1,200,000 Neal, Olver Kerry, Leahy
Submarines
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N High Energy Conventional Energetics (Phase II) 3,200,000 Hoyer Bingaman, Cardin, Domenici, Mikulski
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N High Power Density Motor Drive 1,000,000 Murphy, Tim
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N High Power Density Propulsion and Power for USSVs 1,600,000 Allen Collins, Snowe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N High Power Free Electron Laser Development for Naval Applications 2,400,000 Wittman Warner, Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N High Speed ACRC & Composites Sea Lion Craft Development 2,000,000 Cochran, Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N High Speed Anti-radiation Demonstration (HSAD) 800,000 Davis (VA), McKeon
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N High Speed Blood and Fluid Transfusion Equipment 3,100,000 Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N High Strength Welded Structures 800,000 Moran (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N High Temperature Superconductor Trap Field Magnet Motor 2,000,000 Carter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Highly Corrosive-Resistant Alloy Joining for Nuclear Applications 800,000 Simpson Craig, Crapo
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Highly Integrated Optical Interconnect for Military Avionics 1,600,000 Stupak Levin, Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Holographic Optical Filter for Light Detection and Ranging (LIDAR) 2,000,000 Schwartz; Murphy, Patrick; Sestak Casey, Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N HTDV 10,000,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21535]]
RDTE,N Human Neural Cell-Based Biosensor 1,000,000 Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Hydrogen Fuel Cell Development 1,200,000 Butterfield Dole
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Hydrokinetic Power Generator 1,600,000 Dingell Levin, Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Immersive Naval Officer Training Systems 3,000,000 Reed, Whitehouse
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Implementation of Formable Textile for Composite Shaped Aerospace Composite 1,600,000 Michaud, Allen Collins, Snowe
Structures
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Improved Corrosion Protection for Electromagnetic Aircraft Launch System 2,000,000 LoBiondo, Sestak, Smith (NJ)
(EMALS) for CVN-21 Class Carriers
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Improved Interoperability Research and Development to support NAVAIR and 2,000,000 Hoyer
GWOT
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Improved Stealth and Lower Cost Operations for Ships Using High Strength 1,600,000 Murray
Flame Resistant LCP Reinforced Netting
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N In Buoy Processor for Trigger and Alert Sonobuoy System (TASS) 2,000,000 Abercrombie
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Infrared LED Free Space Optics Communications Advancement 400,000 Hunter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Infrared Materials Laboratories 2,500,000 Cole Inhofe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Integrated Advanced Ship Control (IASC) 1,200,000 Tierney
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Integrated Manufacturing Enterprise 2,400,000 McCrery Landrieu, Vitter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Integrated Naval Electronic Warfare 1,000,000 Drake
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Integrated Power System Converter 2,000,000 Murphy, Tim Casey, Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Integrated Product Support Data Management System 1,000,000 Rogers (KY)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Integrated Ship and Motion Control Technology 3,440,000 Courtney, Gillibrand Dodd, Lieberman, Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Integrated Warfighter Biodefense Program 3,000,000 Castle Biden, Carper
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Integration of Electro-Kinetic Weapons into Next Generation of Navy Ships 4,500,000 Boyd Martinez, Nelson (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Integration of Logistics Information for Knowledge Projection and Readiness 1,600,000 Byrd
Assessment
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Intelligent Retrieval of Imagery 2,400,000 Moran (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Intelligent Work Management for Class Squadrons (CLASSRONS) 2,000,000 Brown (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Joint Explosive Ordnance Disposal Diver Situational Awareness System 1,200,000 Moran (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Joint Integrated Systems Technology for Advanced Digital Networking (JIST- 800,000 Hunter
NET)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N JSF F-35B Lift Fan Component Manufacturing 1,600,000 Smith (TX), Rodriguez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Kinetic Hydropower System (KHPS) Turbine 2,400,000 Inslee, Engel, Maloney, Towns Murray, Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Landing Craft Composite Lift Fan 1,000,000 Dent, Garrett Lautenberg, Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Large-Scale Demonstration Item for Virginia Class Submarine Bow Dome 1,800,000 Taylor Cochran
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Laser Perimeter Awareness System 1,500,000 Coleman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Layered Surveillance/Sensing 1,600,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N LCS Common Mission Package Training Environment 4,500,000 Murtha
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Lightweight Composite Structure Development for Aerospace Vehicles 800,000 Sullivan Inhofe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Lithium Batteries 1,600,000 Bishop (GA) Chambliss, Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Lithium/Sulfur Chemistry Validation for Sonobuoy Application 1,600,000 Boyda Brownback, Roberts
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Lithium-Ion Cell Development with Electro Nano Materials 4,000,000 Bond
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Littoral Battlespace Sensing-Autonomous UUV 800,000 Alexander Landrieu
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Long Range Synthetic Aperture Sonar for ASW 800,000 Moran (VA) Warner, Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Long Wavelength Array 2,800,000 Wilson (NM) Bingaman, Domenici
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21536]]
RDTE,N Low Acoustic and Thermal Signature Battlefield Power Source 2,000,000 Baucus, Tester
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Low Cost Laser Module Assembly for Acoustic Sensors 1,600,000 Sestak Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Low Cost Multi-Channel Camera System 2,400,000 Bonner
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Low Cost, Expendable, Fiber Optic Sensor Array 5,000,000 Murtha Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Low-Cost Image-Based Navigation and Precision Targeting 800,000 Markey Kerry
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Low-Signature Modular Weapon Platform 3,200,000 Blumenauer, Baird, DeFazio, Hooley, Wu Murray, Smith, Wyden
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N M65 Bismaleimide Carbon Fiber Prepreg 1,600,000 Aderholt, Bishop (UT), Tauscher Bennett, Dodd, Hatch
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Magnetic Refrigeration Technology 2,400,000 Baldwin Kohl
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N MARCOM Computer Research 1,000,000 Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Marine Mammal Awareness, Alert and Response Systems (MMAARS) 2,400,000 Abercrombie
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Marine Mammal Hearing and Echolocation Research 1,600,000 Abercrombie
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Maritime Security--Surface and Sub-surface Surveillance System and 3,600,000 Boyd
Expeditionary Test-Bed
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Micro-munitions Interface for Tactical Unmanned Systems (MITUS) 1,600,000 Ehlers, McCarthy (CA) Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Millimeter Wave Imaging 1,600,000 Castle Biden, Carper
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Mk 48 Torpedo Post-Launch Communication System 800,000 Arcuri Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Mk V.1 MAKO for Improved Signature and Weight Performance 2,000,000 Allen Collins, Snowe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Mobile Acoustic Decoys for Surface Ship Defense 960,000 Price (NC) Dole
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Mobile Manufacturing and Repair Cell/Engineering Education Outreach Program 2,400,000 Conyers, Dingell, Kilpatrick, Knollenberg, Levin
Levin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Mobile Oxygen, Ventilation and External Suction (MOVES) 1,200,000 Johnson, Sam Cornyn
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Mobile Valve and Flex Hose Maintenance (MVFM) 1,000,000 Allen Collins, Snowe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Modular Advanced Vision System 2,000,000 Casey, Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Molten Carbonate Fuel Cell Demonstrator 3,500,000 Dodd, Lieberman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Multi-Function Laser System 1,200,000 English Casey, Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Nanotechnology Engineering and Manufacturing Operations 1,600,000 Hirono
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N National Initiatives for Applications of Multifunctional Materials 1,600,000 Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N National Radio Frequency Research and Development and Technology Transfer 4,000,000 Buyer, Ellsworth Bayh, Lugar
Center
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N National Security Training 1,600,000 Serrano
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N National Sensor Fusion Support for Puget Sound Port Security 1,600,000 Dicks
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N National Terrorism Preparedness Institute Anti-Terrorism/Counter-Terrorism 3,000,000 Young (FL)
Technology Development and Training
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N NAVAIR Distance Support Environment 800,000 Pascrell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Naval Ship Hydrodynamic Test Facilities 4,000,000 Van Hollen Cardin, Mikulski
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Naval Special Warfare 11m RIB Replacement Craft Design 800,000 Michaud, Allen Collins, Snowe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Navy Multi-Fuel Combustor for Shipboard Fuel Cell Systems 1,600,000 Lampson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Navy Science and Technology Outreach (N-STAR)--Maryland 1,000,000 Cardin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Network Expansion and Integration of Navy/NASA RDT&E Ranges and Facilities 4,800,000 Cardin, Mikulski
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Next Generation Automated Technology for Landmine Detection 1,600,000 Hagel, Nelson (NE)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Next Generation Electronic Warfare Simulator 1,200,000 McCarthy (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21537]]
RDTE,N Next Generation Phalanx with Laser Demo 10,700,000 Crowley, Walsh, Bishop (UT), Obey Bunning, Hatch, Kohl, McConnell, Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Next Generation Scalable Lean Manufacturing Initiative 2,400,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Novel Coating Technologies for Military Equipment 4,800,000 Fortenberry Hagel, Nelson (NE)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N NULKA Decoy and Mk 53 Decoy Launch System 1,600,000 Kennedy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N ONAMI Nanoelectronics and Nanometrology Initiative 4,000,000 Wu, Blumenauer, DeFazio, Hooley, Walden Smith, Wyden
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N On-Board Vehicle Power Systems Development 2,400,000 Shelby
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N On-Demand Custom Body Implants/Prosthesis for Injured Personnel 1,600,000 Dingell Levin, Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Open Architecture/Maintenance Free Operating Period (MFOP) 2,800,000 Moran (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Optimization of New Marine Coatings 1,600,000 Conrad, Dorgan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Out of Autoclave Composite Processing 1,600,000 Clay, Akin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Over-the-Horizon Vessel Tracking 800,000 Wittman, Scott (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Pacific Airborne Surveillance and Testing 15,000,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Paragon System Upgrades 1,600,000 Moran (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Penn State Cancer Institute 2,800,000 Holden
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Permanent Magnet Linear Generator Power Buoy System 2,000,000 Hooley Smith, Wyden
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Persistent Surveillance Wave PowerBuoy System 3,000,000 Lautenberg, Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Planar Solid Oxide Fuel Cell System Demonstration at UTC SimCenter 3,500,000 Wamp
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N PMRF Force Protection Lab 2,000,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Point Mugu Electronic Warfare Laboratory Upgrade 1,600,000 Gallegly
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Portable Launch and Recovery System for Unmanned Aerial Vehicle Operation 3,200,000 Hastings (WA) Cantwell, Murray, Smith, Wyden
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Power Dense Integrated Power System for CG(X) 3,000,000 Bartlett Mikulski
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Precision Terrain Aided Navigation (PTAN) 1,600,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Predicting Bio-Agent Threat Profiles Using Automated Behavior Analysis 1,600,000 Herseth Sandlin Johnson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Puget Sound Anoxia Research for the Department of the Navy 1,200,000 Dicks
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Pulse Virtual Clinical Learning Lab 2,400,000 Ortiz
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Quiet Drive Advanced Rotary Actuator 2,000,000 Richardson, Harman, Higgins Schumer, Warner, Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Radiation Hardness and Survivability of Electronic Systems 800,000 Bayh, Lugar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Real-Time Hyperspectral Targeting Sensor 2,400,000 Hunter Gregg, Sununu
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Reduction of Weapon System Downtime Rapid Repair Structural Adhesives 2,400,000 Langevin Reed, Whitehouse
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Regenerative Fuel Cell Back-up Power 1,200,000 Larson Dodd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Remote Continuous Energetic Material Manufacturing for Pyrotechnic IR Decoys 1,600,000 McCrery Vitter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Repair of Massive Tissue Loss and Amputation through Composite Tissue 3,200,000 Cummings Cardin
Allotransplantation
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Reparative Core Medicine 800,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Research Support for Nanoscale Research Facility 2,800,000 Stearns Martinez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N RFID TECH Program 800,000 McConnell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Rotor Blade Protection Against Sand and Water Erosion 800,000 Edwards (TX)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Sacrificial Film Laminates for Navy Helicopter Windscreens 960,000 Spratt Graham
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Scalable Open Architecture Upgradeable Reliable Computing Environment 3,000,000 Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Sea Base Mobility and Interfaces 5,000,000 Stevens
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21538]]
RDTE,N Self Healing Target System for Laser and Sniper Ranges 1,600,000 Porter Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Semi-Submersible UUV 1,600,000 Vitter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Sensor Integration Framework 1,200,000 Boyd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Sensorless Control of Linear Motors in EMALS 2,800,000 Reed
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Ship Affordability Through Advanced Aluminum 2,000,000 Carter, Braley Grassley, Harkin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Shipboard Electronic Warfare Sustainment Training 3,200,000 Mollohan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Shipboard Production of Synthetic Aviation Fuel 1,000,000 Bennett, Hatch
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Single Generator Operations Lithium Ion Battery 4,000,000 Lugar, Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N SKYBUS 80K and 130K LTA-UAS Multirole Technologies 2,000,000 Collins
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Smart Instrument Development for the Magdalena Ridge Observatory (MRO) 7,000,000 Pearce, Wilson (NM) Bingaman, Domenici
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Smart Machinery Spaces System 2,400,000 Granger
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Smart Valve 800,000 Allen Collins, Snowe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N SOF Test Environment for Advanced Team Collaboration Missions 2,000,000 Hoyer Cardin, Mikulski
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Solid Oxide Fuel Cell 800,000 Corker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Solid-State DC Protection System 1,200,000 Moore (WI), Bartlett, Murphy (CT) Dodd, Lieberman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Sonobouy Wave-Energy Module 3,000,000 Landrieu, Vitter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Stabilized Laser Designation Capability 2,000,000 Thompson (CA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Standoff Explosive Detection System (SEDS) 1,200,000 Knollenberg Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Strategic/Tactical Resource Interoperability Kinetic Environment Program 1,120,000 Cochran
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Strike Weapon Propulsion (SWEAP) 2,400,000 Barton, Doolittle
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Submarine Automated Test and Re-Test (ATRT) 2,000,000 Moran (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Submarine Environment for Evaluation and Development 2,400,000 Reed
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Submarine Fatline Vector Sensor Towed Array 800,000 Gilchrest, Bartlett, Courtney Dodd, Lieberman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Submarine Littoral Defense System 1,600,000 Langevin, Courtney, Kennedy Reed
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Submarine Maintenance Automation and Communication System (SMACS) 1,600,000 Moran (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Submarine Panoramic Awareness System Program 1,600,000 Durbin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Supply Chain Logistics Capability at the ABL NIROP 8,000,000 Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Supportability Training Services Infrastructure 1,600,000 Rehberg
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Sure Trak Re-Architecture and Sensor Augmentation 2,000,000 Hoyer, Cummings, Ruppersberger, Sarbanes Cardin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Sustainability of AN/SPS-49 Common Signal Data Processor 2,800,000 Obey
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Swimmer Detection Sonar Network for the Portsmouth Naval Shipyard 3,200,000 Hodes, Shea-Porter Collins, Snowe, Sununu
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N System for Intelligent Task Assignment and Readiness (SITAR) 800,000 Hunter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Tactical E-Field Buoy Development 1,600,000 Hunter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Testing of Critical Components for Ocean Alternate Energy Options for the 2,000,000 Abercrombie
Department of the Navy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Texas Microfactory 3,000,000 Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Theater Undersea Warfare Initiative 2,400,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Thin Film Materials for Advanced Applications, Advanced IED and Anti- 3,000,000 Leahy
Personnel Sensors
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Tomahawk Cost Reduction Initiatives 1,600,000 Bishop (UT) Bennett, Hatch
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21539]]
RDTE,N Topical Hemostat Effectiveness Study 800,000 Coleman, Klobuchar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Torpedo Composite Homing Array 1,600,000 Tsongas Kerry
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Total Ship Training System 1,040,000 Moran (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N TSG Technology Accreditation 2,400,000 Bond
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N U.S. Navy Metrology and Calibration (METCAL) 2,800,000 Calvert
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N UAS Optimization Technologies 2,000,000 Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Ultra-Wide Coverage Visible Near Infrared Sensor for Force Protection 1,200,000 Bean
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Underground Coordination of Managed Mesh-networks (UCOMM) 2,400,000 Moran
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Undersea Launched Missile Study 3,200,000 Courtney, Kennedy, Langevin, Scott (VA) Dodd, Lieberman, Reed
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Undersea Weapons Enterprise Common Automated Test Equipment 3,200,000 Dicks
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Unique Identification of Tangible Items 3,000,000 Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Universal Description, Discovery and Integration 4,300,000 Conrad, Dorgan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Unmanned Aerial Vehicle Fuel Cell Power Source with Hybrid Reforming 1,600,000 Higgins Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Unmanned Air Systems Tactical Control System 2,500,000 Hoyer, Porter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Unmanned Force Augmentation System 2,400,000 Sessions, Burgess
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Unmanned Ground Vehicle Mobility and Coordination in Joint Urban/Littoral 1,200,000 Carney
Environments
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Unmanned Undersea Vehicles Near Term Interim Capability 4,000,000 Kennedy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N US Navy Cancer Vaccine Program 2,400,000 Hunter, Jones (NC) Landrieu, Vitter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N US Navy Pandemic Influenza Vaccine Program 1,600,000 McHugh
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N USMC Electronic Warfare (EW) Training 2,400,000 Mica
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Validation of Lift Fan Engine Systems 2,000,000 Doolittle
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Vet-Biz Initiative for National Sustainment (VINS-Navy) 1,600,000 Brown (SC), Clyburn, Salazar Allard
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Video and Water Mist Technologies for Incipient Fire Detection on Ships 3,200,000 DeLauro, Larson Dodd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Virtual Onboard Analyst (VIRONA) for Multi-Sensor Mine Detection 1,000,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Water Security Program (Inland Water Quality and Desalination) 2,400,000 Bingaman, Domenici
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Water Space Management Navigation Decision Aid 2,400,000 Dicks
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Wave Energy PowerBuoy Generating System for the Department of the Navy 1,600,000 Abercrombie
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Wide Area Sensor for Force Protection Targeting 1,600,000 Bean
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Wireless Sensors for Navy Aircraft 2,400,000 Welch Leahy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N Zero-Standoff HERO-compliant RFID Systems 1,600,000 Conrad, Dorgan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N (MC) Anti-Sniper Infrared Targeting System 2,000,000 Rogers (KY) Bunning, McConnell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N (MC) Ballistic Helmet Development 1,200,000 King (NY)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N (MC) Battlefield Sensor Netting 2,400,000 Young (FL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N (MC) Center for Geospatial Intelligence and Investigation (GII) 1,520,000 Granger, Carter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N (MC) Craft Integrated Electronic Suite (CIES) 2,880,000 Mollohan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N (MC) Eye Safe Laser Warning Systems 2,000,000 Baird, Wu Smith, Wyden
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N (MC) Global Supply Chain Management 1,600,000 Bishop (GA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N (MC) Ground Warfare Acoustical Combat System of Netted Sensors 2,000,000 Sullivan, Boren Inhofe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N (MC) High Power, Ultra-Lightweight Zinc-Air Battery 2,500,000 Welch, Akin, Coble, Graves, Kucinich, Ryan Dole, Leahy
(OH), Sutton
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21540]]
RDTE,N (MC) Hybrid Capacitor Supercell for Marine Combat Vehicle 1,200,000 Altmire Casey, Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N (MC) Logistics Technology Improvements 1,600,000 Bishop (GA) Chambliss, Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N (MC) M2C2 3,800,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N (MC) Marine Air-Ground Task Force Situational Awareness 1,000,000 Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N (MC) Marine Corps Shotgun Modernization Program 3,000,000 Hoyer Mikulski
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N (MC) Marine Expeditionary Rifle Squad--Sensor Integrated, Modular Protection, 1,600,000 Rehberg Baucus, Tester
Combat Helmet (MERS-SIMP)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N (MC) Near Infrared Optical (NIRO) Augmentation System 800,000 Moran (VA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N (MC) Urban Operations Laboratory 1,600,000 Boyda Brownback, Roberts
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N (MC) USMC Logistics Analysis and Optimization 2,400,000 Bishop (GA)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RDTE,N (MC) Warfighter Rapid Awareness Processing Technology 4,000,000 Abercrombie, Hirono Akaka
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
SCN AGS Pallets 6,000,000 McConnell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
SCN Large Harbor Tugs 11,800,000 Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
WPN ABL Restoration Plan 38,000,000 Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
WTCV,A AB-FIST Gunnery Trainer Upgrades for the ID ARNG 1,000,000 Sali Crapo
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
WTCV,A AB-FIST Gunnery Trainer Upgrades for TN ARNG 3,200,000 Corker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
WTCV,A AB-FIST Gunnery Trainers for TN ARNG 2,400,000 Alexander, Corker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
WTCV,A Arsenal Support Program Initiative--Rock Island 8,500,000 Braley, Hare Durbin, Grassley, Harkin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
WTCV,A Arsenal Support Program Initiative--Watervliet 5,000,000 McNulty Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
WTCV,A Arsenal Support Program Initiative, Rock Island--Joint Manufacturing and 4,200,000 Hare, Braley Durbin, Grassley, Harkin
Technology Center
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
WTCV,A M1 Abrams Mobile Conduct of Fire Trainers Upgrades for the TN ARNG 3,000,000 Tanner Alexander
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
WTCV,A Transmission Dynamometer 1,600,000 Boyda Brownback
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DIVISION D--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2009
The following is an explanation of the effects of Division
D, which makes appropriations for the Department of Homeland
Security for fiscal year 2009. As provided in section 4 of
the consolidated bill, this explanatory statement shall have
the same effect with respect to the allocation of funds and
implementation of this division as if it were a joint
explanatory statement of a committee of conference. The
language and allocations contained in House Report 110-862
and Senate Report 110-396 should be complied with unless
specifically addressed to the contrary in the bill or this
explanatory statement. When this explanatory statement refers
to the Committees or the Committees on Appropriations, unless
otherwise noted, this reference is to the House Subcommittee
on Homeland Security and the Senate Subcommittee on Homeland
Security.
While repeating some report language for emphasis, this
explanatory statement does not intend to negate the language
referred to above unless expressly provided herein. In cases
where both the House and Senate reports address a particular
issue not specifically addressed in the bill or explanatory
statement, the Committees have determined the House report
and the Senate report are not inconsistent and are to be
interpreted accordingly.
In cases where the House or Senate report directs the
submission of a report, a briefing shall be provided by
January 30, 2009, in lieu thereof unless this statement
directs otherwise. If this statement directs the submission
of a report, such report shall be provided to the Committees
on Appropriations by April 6, 2009, unless otherwise
directed.
Last, this explanatory statement refers to the following
laws and organizations as follows: Implementing
Recommendations of the 9/11 Commission Act of 2007, Public
Law 110-53, is referenced as the 9/11 Act; Security And
Accountability For Every Port Act of 2006, Public Law 109-
347, is referenced as the SAFE Port Act; the Intelligence
Reform and Terrorism Prevention Act of 2004, Public Law 108-
458, is referenced as the Intelligence Reform Act; the
Department of Homeland Security is referenced as DHS; the
Government Accountability Office is referenced as GAO; and
the Office of Inspector General of the Department of Homeland
Security is referenced as OIG.
Classified Programs
Recommended adjustments to classified programs are
addressed in a classified annex accompanying this explanatory
statement.
TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and executive Management
The bill provides $123,456,000 for the Office of the
Secretary and Executive Management. Reductions are made to
the budget request due to a large number of vacancies and
unobligated balances within certain offices. Funding shall be
allocated as follows:
Immediate Office of the Secretary............................$3,140,000
Immediate Office of the Deputy Secretary......................1,400,000
Chief of Staff................................................2,693,000
Office of Counternarcotics Enforcement........................3,718,000
Executive Secretary...........................................7,448,000
Office of Policy.............................................43,263,000
Office of Public Affairs......................................5,991,000
Office of Legislative and Intergovernmental Affairs...........4,997,000
Office of General Counsel....................................20,114,000
Office of Civil Rights and Civil Liberties...................17,417,000
Citizenship and Immigration Services Ombudsman................6,471,000
Privacy Officer...............................................6,804,000
________________
Total.................................................123,456,000
[[Page 21541]]
Office of Counternarcotics Enforcement
The bill provides $3,718,000 for the Office of
Counternarcotics Enforcement. The Office of Counternarcotics
Enforcement is directed to submit a report to the Committees
as outlined in the Senate report. The Office is expected to
discontinue its practice of relying on contractors to meet
its congressional reporting requirements.
Office of Policy
The bill provides $43,263,000 for the Office of Policy.
Within this amount, $500,000 has been provided above the
budget request to review visa waiver requests to ensure they
meet statutory and security criteria. The Office of Policy is
directed to submit an expenditure plan to the Committees
within 60 days from the date of enactment of this Act as
detailed in the Senate report.
As discussed in the House report, the Office of Policy
shall brief the Committees on the status of implementing a
plan to coordinate all DHS screening and credentialing
activities to create a consistent, security risk-based
framework; eliminate redundant activities; more effectively
use information provided; and improve the experience for
individuals applying for these credentials.
The Office of Policy is directed to provide quarterly
briefings to the Committees on the status of the Western
Hemisphere Travel Initiative beginning not later than 30 days
after the date of enactment of this Act, as outlined in the
Senate report.
Office of Public Affairs
The bill provides $5,991,000 for the Office of Public
Affairs and transfers funding for the Ready campaign to the
Federal Emergency Management Agency (FEMA). FEMA is better
positioned to educate the public on how to prepare for and
respond to potential emergencies.
Office of General Counsel
The bill provides $20,114,000 for the Office of General
Counsel. Consistent with fiscal year 2008 language, the
Office of General Counsel is urged to consider whether it
would be more productive to transfer to specific DHS
components the legal staff responsible for the ongoing work
of those components, while maintaining the affiliation of
these staff with the Office of General Counsel. This
mechanism may expedite necessary legal reviews because legal
staff will specialize in certain areas.
Energy Shortfalls
While the bill fully funds the Department's budget requests
for energy costs, fuel prices have skyrocketed since those
requests were submitted. For example, the Coast Guard and
U.S. Customs and Border Protection currently estimate
additional fiscal year 2009 fuel costs of approximately
$90,000,000 and $40,000,000 above the budget requests,
respectively. Department-wide, the current estimate for an
increase in energy costs is estimated at almost $140,000,000.
However, despite full acknowledgment of these shortfalls, the
President has failed to submit any formal amendment to the
fiscal year 2009 budget request. Consequently, DHS will be
forced to find savings within its base appropriations to
cover these costs, with potentially severe consequences for
other ongoing activities. The failure to address such known
shortfalls in operational needs in the context of an official
budget request is an abdication of the President's budgetary
responsibilities. The Secretary is directed to submit a plan
by December 1, 2008, that includes estimates of the energy
costs for all DHS component agencies in fiscal year 2009 and
identifies how these shortfalls will be addressed.
DHS-GAO Relations
The Department's July 2008 guidance on interactions with
the GAO does not ``significantly streamline'' the review
process for document and interview requests as required by
Public Law 110-161. The DHS guidance limits GAO's direct
access to program officials and requested documentation and
instead provides for centralized control and review by DHS
liaisons and attorneys. The Department shall submit to the
Committees and GAO, on a quarterly basis, a report itemizing
all instances where DHS did not provide information to GAO
within 20 days or did not arrange for interviews within seven
days, including the reasons for not meeting these timeframes.
With respect to such quarterly reports, GAO shall provide the
Committees its assessment of the validity of the DHS data and
analysis. The Department shall provide these reports within
15 days of the end of each quarter, and GAO shall review the
reports within 30 days of receiving them. The bill withholds
$15,000,000 from obligation until the Secretary submits the
second quarterly report.
Distribution of Grant Awards
The bill withholds $10,000,000 from obligation until the
Secretary of Homeland Security, in coordination with the
Administrator of FEMA, certifies and reports to the
Committees that certain conditions regarding the process to
incorporate stakeholder input for grant guidance development
and award distribution have been met. DHS and FEMA are
expected to ensure that these grants are made in a timely
fashion so that known risks can be addressed expeditiously.
Greenhouse Gas Emissions
By September 30, 2009, the Secretary shall provide to
Congress a detailed inventory of DHS's greenhouse gas
emissions and a plan to reduce these emissions.
Budget Justifications
The congressional budget justifications for the Office of
the Secretary and Executive Management for fiscal year 2010
shall include the same level of detail as the table contained
at the end of this statement. All funding and staffing
changes for each office must be highlighted and explained and
this detail shall include separate discussions for personnel,
compensation and benefits; travel; training; and other
services. The number of permanent positions and full-time
equivalents (FTE) identified in the congressional budget
justification should tie to available and requested
resources. Finally, all proposals to move programs and
funding from one office to another should be clearly outlined
in the congressional budget justification.
Working Capital Fund
DHS shall provide a separate fiscal year 2010 budget
justification for the Department's working capital fund (WCF)
that includes each activity, basis for pricing, FTEs, and an
explanation of how DHS is allocating funds in fiscal years
2009 and 2010 to each component. Bill language providing new
authority and requirements for the WCF is detailed in Title V
of this explanatory statement. All cross-cutting initiatives
shall be included within the WCF, unless the omission can be
fully justified and explained.
The fiscal year 2008 WCF charges were altered nine months
into the fiscal year, causing component agencies to delay
expenditures or reprogram funds to cover these unanticipated
charges. DHS must notify the Committees more promptly of any
additions, deletions, or changes that are made to the WCF
during the fiscal year that are subject to section 503 of
this Act. DHS should not fund any activities within the WCF
that have been disapproved previously.
DHS is in the process of studying the authority, structure,
governance, organization, business practices, and management
of the WCF. DHS shall provide the Committees with a copy of
this study when it is complete and shall address any
recommendations regarding cost allocation and billing
consistency as part of the fiscal year 2010 budget request.
Quarterly Detailee Reports
DHS shall continue to provide quarterly detailee reports,
as required in the Senate report.
Office of the Under Secretary for Management
The bill provides $191,793,000 for the Office of the Under
Secretary for Management. Funding shall be allocated as
follows:
Under Secretary for Management...............................$2,654,000
Office of Security...........................................60,882,000
Office of the Chief Procurement Officer......................39,003,000
Office of the Chief Human Capital Officer....................28,827,000
Human Resources..............................................10,000,000
Office of the Chief Administrative Officer...................44,427,000
Nebraska Avenue Complex Facilities............................6,000,000
________________
Total.................................................191,793,000
Office of the Chief Procurement Officer
The bill provides $39,003,000 for the Office of the Chief
Procurement Officer (OCPO). In the past, funding has been
repeatedly increased to hire additional procurement
specialists, yet the Office has been slow in filling these
positions. As a result, the Committees are dissatisfied with
the amount of time it takes the Office of Procurement
Operations to review and approve contracts for component
agencies and act on procurement recommendations. For fiscal
year 2009, DHS shall conduct a two year pilot with the
Science and Technology (S&T) Directorate to determine whether
assigning more procurement responsibility to S&T will result
in more efficient procurements. Under the pilot, S&T will
hire its own contracting officers responsible for making
procurement recommendations and meeting performance metrics,
while the DHS Office of the Chief Procurement Officer will
conduct appropriate reviews to ensure that procurement
actions are aligned with DHS policies and procedures. The
OCPO, in conjunction with S&T, shall brief the Committees on
the implementation plan for this pilot within 30 days after
the date of enactment of this Act; on the progress of the
pilot within six months of enactment; and on the results of
the pilot after its completion.
As discussed in the House report, OCPO should identify more
opportunities for minority and small business enterprises.
DHS appears to be overly reliant on contractors, as
discussed in the Senate report. DHS should consider replacing
contractors with full-time government employees and brief the
Committees on the directives included in the Senate report no
later than March 30, 2009.
Due to the Coast Guard's failure to adequately oversee the
Deepwater program, the Secretary shall rescind the delegation
of acquisition authority provided to the Coast Guard for
Deepwater in order to keep oversight within the OCPO, as
recommended by GAO.
[[Page 21542]]
Investment Review Process
The Department's Investment Review Board (IRB), established
to ensure centralized, robust oversight across large-scale
investments, is not performing satisfactorily. It is unclear
which investments the IRB will review, how it intends to
oversee decisions on large procurements, how its decisions
will be monitored, and how necessary follow-up action will be
taken. The IRB may only be able to focus on a limited number
of critical procurements while DHS attempts to get the
investment review process on-track. With this in mind, the
Deputy Secretary shall ensure that the IRB reviews and
oversees the top 15 DHS investments, measured either by total
cost, criticality of the item or service being procured, and/
or other means determined by DHS. Within 45 days after the
date of enactment of this Act, the Deputy Secretary shall
identify and submit to the Committees a list of the
investments to be reviewed and a description of the formal
investment review processes the IRB will follow.
Office of the Chief Human Capital Officer
The bill provides $38,827,000 for the Office of the Chief
Human Capital Officer. Within the total appropriated is
$10,000,000 for human resources and $2,500,000 for new
learning initiatives. Funding has been reduced due to high
unobligated balances in this office. Due to numerous delays
in the hiring process administered by this Office, the Chief
Human Capital Officer shall provide monthly reports on the
amount of time it takes to fill vacancies within DHS, as
outlined in the House report.
Office of the Chief Administrative Officer
The bill provides $50,427,000 for the Office of the Chief
Administrative Officer (CAO). Of this total, $44,427,000 is
for the salaries and expenses of the CAO and $6,000,000 is
for facilities costs at the Nebraska Avenue Complex (NAC).
This funding level supports 11 additional FTEs to manage the
consolidation of DHS components on the St. Elizabeths west
campus. Funding for the first phase of the proposed
consolidation of DHS headquarters at the St. Elizabeths
campus is included within the Coast Guard's ``Acquisition,
Construction, and Improvements'' appropriation.
Since a significant portion of departmental offices are
scheduled to move to St. Elizabeths by 2016, with the first
moves beginning in 2013, the CAO shall minimize investments
and improvements made at the NAC that would need to be
replicated at the new headquarters. The CAO is directed to
provide semiannual briefings on anticipated spending at the
NAC, the first of which shall occur 60 days after the date of
enactment of this Act.
Office of the Chief Financial Officer
The bill provides $55,235,000 for the Office of the Chief
Financial Officer (CFO). The bill fully funds the CFO's
staffing request. Of this total, $18,189,000 has been
provided to the Transformation and Systems Consolidation
project, a slight reduction from the requested amount due to
delays in this project. The CFO shall brief the Committees on
its progress to establish a more reliable acquisition
timeline for this consolidation effort. Furthermore, the CFO
shall comply with recommendations made by the DHS Inspector
General in OIG 08-47, which are intended to improve DHS's
strategy to consolidate its financial systems.
Annual Appropriations Justifications
The CFO is directed to submit all of its fiscal year 2010
budget justifications (classified and unclassified) with
detailed information by appropriation account and program,
project, and activity (PPA) for all components of DHS. The
CFO must ensure that the annual appropriations justifications
include: (1) explicit information on all reimbursable
agreements and uses of the Economy Act; (2) adequate
justification for each increase, decrease, and staffing
change; (3) a listing of overdue Committee reports; and (4) a
detailed table identifying the last year authorizing
legislation was provided by Congress for each appropriation
account, the amount of the authorization, and the
appropriation in the last year of the authorization. Finally,
the CFO shall not permit any DHS component to alter the PPAs
in the fiscal year 2010 budget submission into any account
structure other than that contained in the funding
recommendation table.
Office of the Chief Information Officer
The bill includes $272,169,000 for the Office of the Chief
Information Officer (CIO). Funding shall be allocated as
follows:
Salaries and Expenses.......................................$86,928,000
Information Technology Activities............................44,945,000
Security Activities..........................................92,623,000
Homeland Secure Data Network.................................47,673,000
________________
Total, Chief Information Officer......................272,169,000
Information Technology Activities
The bill provides $44,945,000 for Information Technology
Activities, $2,500,000 more than requested. Additional funds
shall be used for the CIO's highest priority Enterprise
Architecture (EA) projects, including information technology
reviews, and to strengthen oversight and Departmental
compliance with EA policy. The CIO is directed to ensure that
all staff conducting EA oversight are Federal employees.
Security Activities
The bill provides $92,623,000 for Security Activities,
$22,300,000 more than the amount requested. This increased
funding is provided to support costs of transition to the
National Center for Critical Information Processing and
Storage.
CIO-Led Information Technology Acquisitions
The Committee continues an existing requirement that the
CIO report on all information technology acquisitions
financed directly or managed by the CIO.
Federal Information Security and Management Act
DHS has made progress improving its performance on the
Federal Information Security and Management Act scorecard,
but must do more to improve its information security. The CIO
is directed to brief the Committees no later than April 6,
2009, on the details of its information security priorities
and initiatives, as discussed in the Senate report.
ANALYSIS AND OPERATIONS
The bill includes $327,373,000 for Analysis and Operations.
As requested by the Department, the Committee has transferred
funding between appropriations for Analysis and Operations
and the Office of the Secretary and Executive Management, to
reflect the reassignment of the Secretary's briefing staff
and counter-terrorism planning staff.
DHS Intelligence Expenditure Plan
As detailed in the Senate report, no later than 60 days
after the date of enactment of this Act, the Secretary shall
submit a fiscal year 2009 expenditure plan for the Office of
Intelligence and Analysis, including balances carried forward
from prior years.
State and Local Fusion Centers
The Department's Chief Intelligence Officer is directed to
continue quarterly updates to the Committees that detail
progress in placing DHS intelligence professionals in State
and local fusion centers, as discussed in the Senate report.
Classified Programs
Recommended adjustments to classified programs are
addressed in a classified annex accompanying this statement.
Office of the Federal Coordinator for Gulf Coast Rebuilding
The bill provides $1,900,000 for the Office of the Federal
Coordinator for Gulf Coast Rebuilding (OFCGCR). OFCGCR is
expected to remain open until at least the end of fiscal year
2009. Of the amount provided, $50,000 is for OFCGCR to
organize a panel of housing experts, disaster response
experts, and urban planning experts to develop a framework
for developing and sustaining affordable rental housing in
affected Gulf Coast Communities. These experts shall be
chosen as detailed in the House report. OFCGCR is to report
to the Committees on the recommendations of this panel, and
to submit a strategy and timeline for implementing the most
promising recommendations, by December 30, 2008.
Office of Inspector General
The bill provides $98,513,000 for the Office of Inspector
General (OIG). In addition to this direct appropriation,
$16,000,000 may be transferred from the Disaster Relief Fund
(DRF) to the OIG to continue and expand audits and
investigations related to disasters. The OIG is required to
notify the Committees no less than 15 days prior to all
transfers from the DRF.
Audit Reports
The OIG is directed to forward copies of all audit reports
to the Committees when they are issued and to immediately
make the Committees aware of any review that recommends
cancellation of, or modification to, any major acquisition
project or grant, or that recommends significant budgetary
savings. The OIG is directed to withhold any final audit or
investigation report requested by the Committees from public
distribution for a period of 15 days.
OIG Website
The Secretary of the Department of Homeland Security is
directed to update and maintain the DHS OIG website link as
established on the DHS website.
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
SALARIES AND EXPENSES
The bill includes $7,603,206,000 for U.S. Customs and
Border Protection (CBP) Salaries and Expenses. Of this
amount, $1,269,158,000 is for Headquarters, Management, and
Administration, including an additional $500,000 for three
new positions for conduct and integrity oversight, and an
additional $2,007,000 associated with 58 new positions for
trade programs, as specified in the Senate report. Within the
total appropriation, $2,561,099,000 is for Border Security
Inspections and Trade Facilitation, including: an additional
$200,000,000 to fund CBP Officer law enforcement retirement
costs, as identified by CBP; $62,800,000, as requested, to
support US-VISIT operations and equipment managed by CBP; an
additional $10,000,000 to enhance and expand the Global Entry
system; an additional
[[Page 21543]]
$8,750,000 for 173 new CBP Officer positions at air ports of
entry for the final two months of the fiscal year; an
additional $28,282,000 for 561 new CBP Officer positions for
land ports of entry for the final two months of the fiscal
year; an additional $5,100,000 for 100 new Agricultural
Specialist positions for the final two months of the fiscal
year; an additional $2,553,000 for 58 new positions for trade
programs, as specified in the Senate report; an additional
$4,500,000 for a Joint Information and Intelligence Fusion
Center in Bellingham, Washington, of which not more than
$2,000,000 shall be available until September 30, 2010, and
of which up to $500,000 may be used for security training and
exercises in preparation for the 2010 Winter Olympics. The
bill does not require use of prior year unobligated balances
of Salaries and Expenses appropriations to fund fiscal year
2009 Inspections, Trade, and Travel Facilitation at Ports of
Entry, notwithstanding direction in the House report.
Within this appropriation, $145,944,000 is for inspection
and detection technology investments, reflecting an
additional $30,000,000 for the acquisition of new or
replacement large-scale non-intrusive inspection technology
and a reduction of $3,200,000 due to delayed radiation
monitor deployments. A total of $3,501,270,000 is included in
this appropriation for Border Security and Control Between
Ports of Entry, including an additional $1,950,000 for the
transfer of up to 75 Border Patrol agents to the Northern
border, and a reduction of $16,000,000 from the request due
to expected delays in hiring mission support staff. Finally,
$271,679,000 in this appropriation is for Air and Marine
Personnel Compensation and Benefits, including an additional
$17,400,000 for 115 positions to staff fully 11 new Marine
Enforcement Units.
The following table specifies funding by budget program,
project, and activity:
Headquarters, Management, and Administration:
Management and Administration, Border Security Inspections and Trade
Facilitation...........................................$646,608,000
Management and Administration, Border Security and Control between
Ports of Entry..........................................622,550,000
________________
Subtotal, Headquarters, Management, and Administration1,269,158,000
Border Security Inspections and Trade Facilitation:
Inspections, Trade, and Travel Facilitation at Ports of 2,093,988,000
Harbor Maintenance Fee Collection (Trust Fund)..............3,154,000
Container Security Initiative.............................149,450,000
Other International Programs...............................10,984,000
Customs-Trade Partnership Against Terriorism...............64,496,000
Free and Secure Trade (FAST)/NEXUS/SENTRI..................11,274,000
Inspection and Detection Technology Investments...........145,944,000
Automated Targeting Systems................................32,550,000
National Targeting Center..................................24,481,000
Training...................................................24,778,000
________________
Subtotal, Border Security Inspections and Trade Facili2,561,099,000
Border Security and Control between Ports of Entry:
Border Security and Control.............................3,426,455,000
Training...................................................74,815,000
________________
Subtotal, Border Security and Control between POEs....3,501,270,000
Air and Marine Personnel Compensation and Benefits..........271,679,000
________________
Total..............................................$7,603,206,000
Staffing and Resource Reports and Briefings
CBP is directed to: (1) report and brief on Border Patrol
hiring and deployment statistics, and (2) share staffing and
resource information with port authorities and other
stakeholders at airports and land ports of entry, as
specified in the House report. In addition, CBP is directed
to brief the Committees not later than January 30, 2009, on
how incentives such as pay adjustments could be used to
recruit and retain Border Patrol agents and CBP Officers with
language fluency skills, as outlined in the House report.
Global Entry
CBP is directed to report to the Committees on its findings
from Global Entry airport pilots, as outlined in the House
report.
Support of US-VISIT
CBP is directed to provide a detailed report, as part of
its fiscal year 2010 budget request, on its support of US-
VISIT technology and operations, as specified in the House
report.
Automated Targeting System--Passenger (ATS-P)
CBP is directed to obligate no funds to enhance ATS-P until
the Commissioner certifies such enhancement complies with all
applicable laws, as specified in the House report.
Textile Transshipment Enforcement
The bill includes $4,750,000 for textile transshipment
enforcement. CBP is directed to ensure that activities of its
Textile and Apparel Policies and Programs Office are
maintained at prior year levels, and to report in the fiscal
year 2010 budget on execution of its five year plan, as
specified in the House report.
Border Patrol Self-Inspection Program
CBP is directed to include in its fiscal year 2010 budget
submission a report on results for the annual Border Patrol
Self-Inspection Program, including data on processing and
treatment of unaccompanied alien minors encountered by the
Border Patrol, as specified in the House report.
Invasive Plant Species
CBP is directed to include in its fiscal year 2010 budget
submission a plan to eradicate Arundo donax and other
invasive plants in Texas border areas, as specified in the
House report.
Infectious Disease Interdiction and Control
CBP is encouraged to explore with the Centers for Disease
Control and Prevention ways to improve CBP Officer training
related to infectious disease interdiction and control at
ports of entry, as outlined in the House report.
Project SeaHawk
Project SeaHawk is funded at $2,000,000. CBP is directed to
report on the impact of Project SeaHawk to date, and how it
will be funded and supported beyond fiscal year 2009, as
specified in the House report.
Operational Support and Mission Support Hiring
CBP has informed the Committees that it is significantly
behind schedule for hiring operational support and mission
support personnel for Border Patrol operations, with 886
positions currently vacant. It therefore appears unlikely
that CBP will be able to hire the 441 additional operational
support and mission support positions requested for fiscal
year 2009 or address the current hiring lag. The bill reduces
funding for this purpose by $16,000,000. CBP is directed to
intensify its efforts, as specified in the Senate report, to
hire previously funded positions and enable Border Patrol
agents to concentrate on their enforcement missions, thus
addressing a need made more urgent by the termination of
National Guard support under Operation Jump Start. CBP is
directed to report on this mission support hiring effort as
part of its quarterly hiring briefings to the Committees.
CBP Vehicle Fleet
DHS is directed to include with its fiscal year 2010 budget
submission a plan to replace at least 20 percent of the CBP
vehicle fleet annually, as well as the funding needed to
execute the plan, as specified in the Senate report.
Antidumping and Countervailing Duty Enforcement
The bill includes, within the amounts provided for in this
account, sufficient funds to administer the on-going
requirements of section 754 of the Tariff Act of 1930 (19
U.S.C. 1675c), referenced in subtitle F of title VII of the
Deficit Reduction Act of 2005 (Public Law 109-171; 120 Stat.
154).
CBP is directed to continue to work with the Departments of
Commerce and Treasury, and the Office of the United States
Trade Representative (and all other relevant agencies) to
increase collections, and provide a public report on an
annual basis, within 30 days of each year's distributions
under the law. The report should summarize CBP's efforts to
collect past due amounts and increase current collections,
particularly with respect to cases involving unfairly traded
U.S. imports from China. The report shall provide the amount
of uncollected duties for each antidumping and countervailing
duty order, and indicate the amount of open, unpaid bills for
each such order. In that report, the Secretary of Homeland
Security, in consultation with other relevant agencies,
including the Secretaries of Treasury and Commerce, should
also advise as to whether CBP can adjust its bonding
requirements to further protect revenue without violating
U.S. law or international obligations, and without imposing
unreasonable costs upon importers.
The Secretary of Homeland Security is directed to work with
the Secretary of Commerce to identify opportunities for the
Commerce Department to improve the timeliness, accuracy, and
clarity of liquidation instructions sent to CBP. Increased
attention and interagency coordination in these areas could
help ensure that steps in the collection of duties are
completed in a more expeditious manner.
[[Page 21544]]
Customs Revenue Staffing Shortfalls
CBP is directed to comply with the direction specified in
the Senate report regarding customs revenue staffing
shortfalls.
Inspection and Detection Technology
CBP has informed the Committees that it does not intend to
acquire or refurbish additional large-scale non-intrusive
inspection (NII) technology in fiscal year 2008, despite the
need to replace at least 36 systems in the CBP inventory that
are no longer in operation or fail to meet minimum
performance standards set by CBP. In order to ensure that CBP
attains the most cost effective technology for inspection and
detection missions, the bill includes an additional
$30,000,000 to acquire new or replacement large-scale NII
technology. CBP is directed to use competitive acquisition
practices to replace, refurbish, or acquire large-scale NII
systems, and to make all such decisions, regardless of
whether they result in new or refurbished systems, based on
comparisons of cost and performance for all options.
Container Security Devices
The bill includes language directing the Commissioner to
submit to the Committees, not later than 120 days after the
date of enactment of this Act, the results of operational
field testing of container security devices and a plan for
implementation and deployment of such devices, as applicable,
in high risk trade lanes.
AUTOMATION MODERNIZATION
The bill includes $511,334,000 for Automation
Modernization, as requested. Of this funding, not less than
$316,851,000 is provided for the Automated Commercial
Environment (ACE), of which $16,000,000 is included for the
International Trade Data System. Of the total provided for
ACE, $216,851,000 is unavailable for obligation until 30 days
after an expenditure plan is submitted to the Committees, as
specified in the House report. CBP is directed to continue
submitting quarterly reports to the Committees on progress in
implementing ACE.
TECS Modernization Expenditure Plan
CBP is directed to comply with direction specified in the
House and Senate reports regarding briefings and reports on
TECS modernization.
BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY
The bill includes $775,000,000 for the integrated Border
Security Fencing, Infrastructure, and Technology (BSFIT)
account, as requested. Funds are available until expended.
The funding includes $120,000,000 for Program Management,
including $50,000,000 for environmental and regulatory
requirements, and $70,000,000 for personnel operations and
support; $505,000,000 for Development and Deployment, of
which $30,000,000 is for the Border Interoperability
Demonstration Project, and $40,000,000 is for Northern border
security technology investment; and $150,000,000 for
Operations and Support. The latter funding level reflects the
Administration's downward revision from the original
$410,000,000 request for Operations and Support.
The bill makes $400,000,000 unavailable for obligation
until the Committees have received and approved an
expenditure plan that complies with conditions set forth in
the bill, and which has been reviewed by the GAO. The bill
also makes no funding available until the Secretary certifies
that CBP has complied with legal requirements for
consultation with communities, federal agencies and other
stakeholders affected by planned deployment of fencing and
tactical infrastructure, and also makes no funding available
for projects for which the Secretary has exercised statutory
authority to waive various environmental and other
regulations and laws until 15 days after public notice of
such waiver. Finally, the bill makes $100,000,000 available
immediately to CBP for any BSFIT purposes, notwithstanding
any other provision in the bill.
Reporting Requirements to the Committees
CBP is directed to include, as part of the quarterly Secure
Border Initiative (SBI) reports, a report on technology
investment on the Northern border, as specified in the House
report. CBP is directed to provide a monthly report on BSFIT
obligations and expenditures, as specified in the House
report. CBP is directed to include, within the fiscal year
2009 expenditure plan and as specified in the House report,
an environmental plan and a report on mitigation efforts.
Establishment and Maintenance of Border Barriers
CBP is directed to explain the rationale for its BSFIT
operations and maintenance budget, which it significantly
reduced from its original budget level. The explanation
should be included in the expenditure plan, and should also
address the significant shift in technology investment into
fiscal years 2009 and 2010, and implications for ongoing
operations and maintenance costs.
Vehicles
CBP is directed to fund any requirements for vehicles for
the SBI Program Management Office or other activities funded
in this account through the CBP Salaries and Expenses
appropriation.
Analysis of Alternatives for Border Infrastructure Investment
CBP is directed to comply with specifications in the House
report for the conduct of analyses of alternatives for
effective control of the border, as well as to ensure that
CBP identifies and evaluates alternatives proposed by
stakeholders as potential substitutes for tactical
infrastructure.
Government Accountability Office Review
GAO is directed to review the CBP process for consultation
on border infrastructure projects and how CBP carries out
such consultation, as specified in the House report.
Tactical Communications
The Commissioner is directed to provide a plan, within 90
days of the date of enactment of this Act, detailing the
staffing, equipment, and funding necessary to complete the
build out of the Border Patrol Tactical Communications
program by the end of fiscal year 2013.
Expenditure Plan Certifications
The fiscal year 2008 BSFIT expenditure plan submitted by
the Department did not comply with requirements of the law;
specifically, it failed to include required information in
support of several certifications or provided only
conditional certifications. The Department is directed to
ensure that certifications submitted in support of future
expenditure plans include all supporting documentation,
address current and prospective elements of the program, and
not be conditional in nature.
The following table specifies funding by budget program,
project, and activity:
Development and Deployment:
Technology and Infrastructure Investment.................$435,000,000
Border Interoperability Demonstration Project..............30,000,000
Northern border Technology Investment......................40,000,000
________________
Subtotal, Development and Deployment....................505,000,000
Operations and Support (Integrated Logistics)...............150,000,000
Program Management:
Personnel Operations and Support...........................70,000,000
Regulatory and Environmental Requirements..................50,000,000
________________
Subtotal, Program Management............................120,000,000
________________
Total, Border Security Fencing, Infrastructure, and
Technology..........................................775,000,000
AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT
The bill includes $528,000,000 for Air and Marine
Interdiction, Operations, Maintenance, and Procurement, as
requested. This includes $380,022,000 for Operations and
Maintenance, and $147,978,000 for Procurement. Within the
above amounts are $26,600,000 for Northern border air
branches and $5,000,000 for the Wireless Airport Surveillance
Platform to address private aircraft enforcement system
noncompliance. The bill makes $18,000,000 available only when
a concept of operations for the deployment of unmanned aerial
systems (UAS) has been established, as required in section
544 of this Act.
UAS Deployment Plan
CBP is directed to provide the comprehensive report on
plans for UAS deployment as specified in the House report.
CONSTRUCTION
The bill includes $403,201,000 for Construction, including
$39,700,000 for the Advanced Training Center. The bill
requires that, beginning with the fiscal year 2010 budget
submission and thereafter, CBP shall, in consultation with
the General Services Administration, include a five-year plan
for all Federal land border port of entry projects. CBP is
directed to execute its construction plans as reflected in
the table included in the Senate report, or to notify the
Committees of any changes, as appropriate, pursuant to the
reprogramming and transfer provisions in this Act.
U.S. Immigration and Customs Enforcement
SALARIES AND EXPENSES
The bill includes $4,927,210,000 for U.S. Immigration and
Customs Enforcement (ICE) Salaries and Expenses. Within the
total budget for Salaries and Expenses, $1,000,000,000 is for
efforts to identify individuals illegally present in the
United States who have criminal records, whether incarcerated
or at-large, and to remove those aliens once they have been
judged deportable in immigration court.
The bill also provides $1,519,208,000 for ICE's domestic
investigatory responsibilities, funding nearly all of the
program increases requested by the President while also
expanding several critical initiatives, as discussed below.
Given these significant new resources provided for
investigations, ICE is expected to strengthen its ability to
demonstrate how these resources are being used effectively.
The bill includes language regarding OIG reviews of 287(g)
agreements, use of detention services after a facility has
received performance evaluations of less than adequate, and
ICE authorities provided under 8 U.S.C. 1101(a)(17).
[[Page 21545]]
The following table specifies funding levels by budget
activity:
Headquarters Management and Administration:
Personnel Compensation and Benefits, Service, and Other C$203,076,000
Headquarters Managed IT Investment........................169,348,000
________________
Subtotal, Headquarters Management and Administration....372,424,000
Legal Proceedings...........................................215,035,000
Domestic Investigations...................................1,519,208,000
International:
International Investigations..............................106,741,000
Visa Security Program......................................26,800,000
________________
Subtotal, International.................................133,541,000
Intelligence.................................................55,789,000
Detention and Removal Operations:
Custody Operations......................................1,721,268,000
Fugitive Operations.......................................226,477,000
Criminal Alien Program....................................189,069,000
Alternatives to Detention..................................63,000,000
Transportation and Removal Program........................281,399,000
________________
Subtotal, Detention and Removal Operations............2,481,213,000
Additional funding for Comprehensive Identification and Removal of
Criminal Aliens (CIRCA)...................................150,000,000
________________
Total, ICE Salaries and Expenses....................4,927,210,000
Prioritizing the Removal of Deportable Criminal Aliens
In the Department of Homeland Security Appropriations Act,
2008, the Congress provided ICE $200,000,000 to identify
aliens convicted of crimes and sentenced to imprisonment, and
to remove from the country those individuals judged
deportable. Within its plan to carry out this mandate, ICE
estimated it would cost between $900,000,000 and
$1,100,000,000 annually to find and deport the most dangerous
and violent criminals judged deportable.
The bill recognizes the complex mix of programs and
priorities that ICE faces by providing a significant funding
increase for the agency's overall operations. The bill
requires that within the resources provided to ICE
$1,000,000,000 shall be to address the compelling need to
remove from the United States deportable criminal aliens,
whether in custody or at-large. Of this amount, $150,000,000
is additional funding that was not requested by the President
and $850,000,000 is from within existing ICE programs to
strengthen the agency's focus on this challenge.
The bill requires ICE to report to the Committees on
exactly how it will allocate the funds provided for this
purpose, and to provide quarterly updates on its expenditures
and progress toward identifying and removing all deportable
criminal aliens. Within 30 days after the date of enactment
of this Act, ICE shall submit a report detailing how the
agency will utilize the additional $150,000,000 provided in
the bill, as well as an explicit plan for how ICE will
allocate $850,000,000 of existing program resources to the
identification and removal of deportable criminal aliens. As
discussed in the House report, ICE should clearly identify
activities across the entire range of its programs and
explain how they are focused on efforts to identify and
remove deportable criminal aliens.
ICE Investigations
The bill provides $1,519,208,000 for ICE domestic
investigations and $133,541,000 for ICE international
investigations. Within these amounts, $22,100,000 is provided
as requested to expand a variety of investigatory programs.
Additional resources are allocated to the following programs:
$6,000,000 for transnational gang enforcement; $8,400,000 for
the visa security program, as discussed in the Senate report;
and $3,000,000 for cyber crime investigations.
The budget structure for ICE domestic investigations is
reflected at the same aggregate level as in prior
appropriations. In the past, ICE has been unable to detail
how it allocates resources within the Office of
Investigations (OI), sets investigatory priorities, or
measures the performance of units within OI. ICE is directed
to submit, within 30 days after the date of enactment of this
Act, a detailed expenditure plan for the investigations
budget that reflects the agency's priorities and resource
allocations, and to provide quarterly reports on the
execution of this plan within 30 days of the close of each
quarter of the fiscal year. In addition, ICE is directed to
provide the same level of detail in the congressional
justification documents for the fiscal year 2010
investigations budget.
The budget for ICE international investigations is split
into two separate programs in fiscal year 2009: the visa
security program (VSP) and other international
investigations. Because of the importance of VSP, and the
significant expansion funded in fiscal year 2009, ICE and the
Committees need this additional detail to monitor how the
agency aligns its resources to mission requirements and
operations.
ICE Worksite Enforcement
The bill provides $126,515,000 for worksite enforcement
investigations, an increase of $34,300,000 over the request
level, as discussed in the Senate report.
ICE Resource Allocations
GAO is directed to review ICE resource allocations as
discussed in the House report.
Coordination of Budget Submissions for the Immigration System
When DHS implements new civil and criminal immigration
enforcement initiatives, other elements of the justice system
may not have been able to plan or budget for how these DHS
initiatives will impact their own workload and resource
needs. An efficient justice system requires coordination
between many elements including investigative agents, U.S.
Attorneys, U.S. Marshals, the Office of the Federal Detention
Trustee, district courts, probation and pretrial services
officers, defender services, the Federal Prison System, and
the Executive Office of Immigration Review (EOIR). The
Administration is expected to improve its budgeting for
immigration initiatives to ensure that all elements of the
civil and criminal justice system have sufficient resources
to implement DHS enforcement programs. Specifically, in order
to ensure success of the effort to remove criminal aliens,
resource requests for EOIR and ICE must be coordinated.
ICE Intelligence
The bill provides an additional $2,833,000 for ICE Field
Intelligence Groups, as discussed in the Senate report.
Detention Bed Spaces
The bill provides funding for 1,400 additional detention
beds and associated staffing at ICE, which will allow the
agency to detain up to 33,400 individuals on a daily basis.
Detention Center Medical Services
The bill provides an additional $2,000,000 for the Office
of Professional Responsibility in 2009 for ICE to undertake
immediately a review of the medical care provided to people
detained by DHS. This review should be carried out as
discussed in the House report. In addition, ICE should
immediately implement the GAO recommendations to improve its
medical services, as discussed in the Senate report.
State and Local Programs
The bill provides a total of $99,653,000 for State and
local programs, $2,200,000 more than requested. Within this
total, $54,130,000 is for the 287(g) program, including
$5,000,000 for compliance reviews conducted by the Office of
Professional Responsibility. ICE is strongly encouraged to
prioritize new 287(g) agreements that will maximize the
identification and removal of deportable criminal aliens. As
requested, $11,286,000 is provided for the Forensics Document
Laboratory. The bill also provides $34,237,000 for the Law
Enforcement Support Center (LESC), an additional $2,200,000,
which should be used to fund conversion of LESC employees
from job category 1802 to job category 1801.
Textile Transshipment Enforcement
As discussed in the Senate report, the bill includes
$4,750,000 for textile transshipment enforcement, as
authorized by section 352 of the Trade Act of 2002.
Concurrent with its fiscal year 2010 budget submission, ICE
should report on this activity as discussed in the House
report.
Alternatives to Detention
The bill provides $63,000,000, $7,209,000 above the
request, for Alternatives to Detention programs.
Inappropriate Treatment of Children in ICE Custody
The OIG is directed to review ICE practices for determining
the age of those in its custody, and to report to the
Committees on Appropriations on any cases in fiscal years
2008 or 2009 where ICE used dental or skeletal examinations
to determine a child's age.
Transportation of Unaccompanied Alien Minors
In conjunction with the Office of Management and Budget
(OMB) and the Department of Health and Human Services (HHS),
DHS is directed to submit a report to the Committees no later
than March 1, 2009, recommending which agency is the most
appropriate to fund transportation of unaccompanied alien
minors between DHS and HHS custody. In addition, starting no
later than April 6, 2009, ICE, in conjunction with the HHS
Office of Refugee Resettlement, should provide semi-annual
briefings to the Committees on the implementation of the
recommendations. For fiscal year 2009, the bill provides
sufficient resources to DHS to pay for this transportation
responsibility.
ICE Headquarters Management and Administration
The bill provides an increase of $987,000 for ICE Training
Consolidation and Integration, and $7,000,000 for efforts to
co-locate ICE field facilities.
Human Rights Law Division
As discussed in the House report, an additional $500,000 is
provided within the budget for the ICE Office of the
Principal Legal Advisor to continue expansion of the Human
Rights Law Division.
[[Page 21546]]
Detention and Removal Reporting
ICE is directed to continue to submit quarterly reports on
detention and removal statistics, as discussed in the Senate
report.
Special Interest Aliens
Within 45 days after the date of enactment of this Act, ICE
is directed to provide a classified briefing on special
interest aliens, as discussed in the Senate report.
Student and Exchange Visitor Program
ICE is directed to ensure that additional revenues
collected through higher Student and Exchange Visitor Program
fees improve customer service for both students and academic
institutions, as discussed in the House report.
FEDERAL PROTECTIVE SERVICE
Funding for the Federal Protective Service (FPS) is
provided through a security fee charged to all GSA building
tenants in FPS-protected buildings. Pursuant to the increased
security fees announced on February 28, 2008, the bill
estimates that FPS will collect and spend $640,000,000 in
fiscal year 2009, which is $24,000,000 more than estimated in
the budget.
Federal Protective Service Police
The bill includes a provision maintaining FPS police
staffing at the levels mandated by the Department of Homeland
Security Appropriations Act, 2008. The bill also requires the
Director of OMB to certify in writing that fees in fiscal
year 2009 will be sufficient to support the FPS police
staffing levels.
AUTOMATION MODERNIZATION
The bill provides $57,000,000 for Automation Modernization,
as requested, which funds a variety of ICE technology
investments critical to the future of the agency.
TECS Modernization
The bill provides $15,700,000, as requested, for TECS
modernization. As discussed in the Senate report, ICE shall
report to the Committees on its efforts in this area.
CONSTRUCTION
The bill provides an additional $5,000,000 for ICE
construction, which funds basic and emergency maintenance at
ICE-owned detention facilities.
Transportation Security Administration
AVIATION SECURITY
(Including Transfer of Funds)
The bill provides $4,754,518,000 for Aviation Security. In
addition to the amounts appropriated, a mandatory
appropriation totaling $250,000,000 is available through the
Aviation Security Capital Fund. Bill language is included to
reflect the collection of $2,320,000,000 from aviation user
fees, as authorized. The following table specifies funding by
budget activity:
Screener Workforce:
Privatized screening.....................................$151,272,000
Passenger and baggage screeners, personnel, compensation2,716,014,000
________________
Subtotal, screener workforce..........................2,867,286,000
Screening training and other................................197,318,000
Checkpoint support..........................................250,000,000
EDS/ETD Systems:
EDS procurement and installation..........................294,000,000
Screening technology maintenance and utilities............305,625,000
Operation integration......................................21,481,000
________________
Subtotal, EDS/ETD systems...............................621,106,000
Subtotal, screening operations........................3,935,710,000
Aviation Security Direction and Enforcement:
Aviation regulation and other enforcement.................245,268,000
Airport management and support............................401,666,000
Federal flight deck officer and flight crew training.......25,025,000
Air cargo.................................................122,849,000
Airport perimeter security..................................4,000,000
________________
Subtotal, aviation security direction and enforcement...798,808,000
Implementing Requirements of the 9/11 Act....................20,000,000
________________
Total, Aviation Security............................4,754,518,000
Implementing Requirements of the 9/11 Act
The bill includes $1,119,112,836 within the total
appropriation provided to the Transportation Security
Administration (TSA) for activities and requirements
authorized by the 9/11 Act, including: $544,000,000 for the
procurement and installation of explosives detection systems
at airports; $122,849,000 for air cargo security; $30,000,000
to expand Visible Intermodal Protection and Response Teams;
$390,663,836 for specialized screening programs (travel
document checkers, behavior detection officers, bomb
appraisal officers, and officers to randomly screen more
airport and airline employees); $11,600,000 for surface
transportation inspectors; and $20,000,000 to implement
regulations and other new activities authorized by the 9/11
Act. TSA shall use the $20,000,000 to: conduct vulnerability
assessments of high risk public transportation agencies,
railroads, and over-the-road bus operators; conduct
additional security exercises for public transportation,
over-the-road bus, and railroad employees; hire additional
surface transportation security inspectors; establish and
implement an information sharing plan for transportation
security and an Information Sharing and Analysis Center for
transportation security; conduct security reviews of foreign
repair stations; develop procedures and initial
implementation of a law enforcement officer biometric
credential; and improve security at general aviation
airports. TSA shall report to the Committees 90 days after
the date of enactment of this Act on the proposed allocation
of these funds at the account and PPA level.
Privatized Screening
The bill provides $151,272,000 for Privatized Screening.
TSA is directed to approve applications for those airports
that are seeking to participate in the screening partnership
program and to provide screener services to airports that
become eligible in fiscal year 2009. TSA shall notify the
Committees if the agency expects to spend less than the
appropriated amount due to situations where no additional
airports express interest in converting, either fully or
partially, to privatized screening, or where airports
currently using privatized screening convert to using federal
screeners. TSA shall adjust its PPA line items, and notify
the Committees within ten days, to account for any changes in
private screening contracts, and screener personnel,
compensation and benefits to reflect the award of contracts
under the screening partnership program, or the movement from
privatized screening into federal screening.
Wait Times
Consistent with prior years, TSA shall continue to submit
airport wait time data on a quarterly basis for domestic
airports with above-average wait times and for the top 40
busiest airports. As part of these reports, TSA shall explain
any dramatic shift in wait times and what is being done to
reduce wait times at these airports. TSA shall not alter its
current 10 minute standard.
Checkpoint Support
The bill provides $250,000,000 for Checkpoint Support to
deploy a number of emerging technologies to screen airline
passengers and carry-on baggage for explosives, weapons, and
other threat objects by the most advanced equipment currently
under development. TSA is directed to spend funds on multiple
whole body imaging technologies including backscatter and
millimeter wave as directed in the Senate report. TSA shall
provide an expenditure plan not later than 60 days after the
date of enactment of this Act, as discussed under
Transportation Security Support.
Sterile Area Access
Currently TSA is studying the feasibility of a sterile area
access system at three pilot airports and expects these
pilots to be concluded in fiscal year 2008. TSA is directed
to notify the Committees on the results of these pilots after
the agency evaluates whether throughput is improved with
separate sterile area screening for airline crews, identifies
what problems may occur in real time environments in which
crew are screened separately from passengers, and evaluates
resource and funding needs. If TSA determines that this
program merits expansion, checkpoint support funds may be
used for this purpose after notifying the Committees.
Explosives Detection Systems
The bill provides a total of $544,000,000 for Explosives
Detection Systems (EDS) procurement and installation. Within
the total funding for EDS procurement and installation,
$294,000,000 is appropriated in this Act and $250,000,000 is
derived from mandatory funding from the Aviation Security
Capital Fund. Within the funds provided, not less than
$84,500,000 shall be available to procure and deploy
certified EDS at medium- and small-sized airports. The
purchase of the screening equipment for medium- and small-
sized airports must be competitively awarded. Any award to
deploy explosives detection systems must be based on risk,
the airports current reliance on other screening solutions,
lobby congestion resulting in increased security concerns,
high injury rates, airport readiness, and increased cost
effectiveness.
TSA shall provide an expenditure plan to the Committees not
later than 60 days after the date of enactment of this Act,
as discussed under Transportation Security Support. If new
requirements occur after the plan is submitted, TSA shall
reassess and reallocate funds after notifying the Committees
of any change. As discussed in the Senate report, TSA shall
provide quarterly updates on EDS and checkpoint expenditures,
on an airport-by-airport basis. These updates shall include
information on the specific technologies for purchase,
project timelines, a schedule for obligation, and a table
detailing actual versus anticipated unobligated
[[Page 21547]]
balances at the close of the fiscal year, with an explanation
of any deviation from the original plan.
Screening Technology Maintenance and Utilities
The bill provides $305,625,000 for Screening Technology
Maintenance and Utilities, of which $4,400,000 can be used
for costs related to the disposal of screening equipment no
longer in service. Because of persistent cost escalations in
this area, TSA shall provide a report to the Committees on
maintenance and utility costs for screening technologies and
identify ways that these costs may be controlled in the
future.
Threat Containment Units
TSA is encouraged to review the efficacy of its current
inventory of threat containment units (TCUs) and, as
necessary, test and evaluate next generation TCU
technologies. TSA should report to the Committees on whether
TCUs should be part of its explosives detection operations
and if so, whether additional units are needed.
General Aviation
As part of its efforts to address vulnerabilities in
general aviation security, TSA is directed to report to the
Committees on the execution of fiscal year 2008 general
aviation training and education program funding.
Air Cargo
The bill provides $122,849,000 for Air Cargo. Within the
funds provided, $18,000,000 shall be used to expand
technology pilots to evaluate the effectiveness of air cargo
screening and for auditing indirect air carriers, shippers,
and distribution centers participating in the certified
shipper program. No later than 60 days after the date of
enactment of this Act, TSA shall submit an expenditure plan
to the Committees on the allocation of air cargo funds,
including carryover. This plan should detail efforts to
develop new covert testing protocols, data related to cargo
strike team augmentation, the location and number of canine
teams deployed, and the specific screening technologies
deployed for air cargo. In addition, TSA is directed to brief
the Committees on its certified shipper pilot program before
it moves to a nationwide rollout. This briefing should detail
the processes for securing air cargo through the supply
chain, and schedule, milestones, and performance measures for
the program.
Within the fiscal year 2007 supplemental appropriation
(Public Law 110-28), funding was provided for TSA to assess
air cargo vulnerabilities at the largest (Category X)
airports. TSA is directed to brief the Committees no later
than March 1, 2009, on the results of the completed airport
vulnerability assessments, as detailed in the Senate report.
If vulnerability assessments have not been completed at all
of the largest airports, TSA shall brief the Committees again
once all work has been concluded.
SURFACE TRANSPORTATION SECURITY
The bill provides $49,606,000 for Surface Transportation
Security. Within this total, $24,885,000 is for surface
transportation staffing and operations and $24,721,000 is for
rail security inspectors and canines.
TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING
The bill provides a direct appropriation of $116,018,000
for Transportation Threat Assessment and Credentialing. In
addition, TSA anticipates it will collect $40,000,000 in
fees. Funding is provided as follows:
Direct Appropriations:
Secure flight.............................................$82,211,000
Crew and other vetting.....................................33,807,000
________________
Subtotal, direct appropriations.........................116,018,000
Fee Collections:
Registered traveler........................................10,000,000
Transportation worker identification credential.............9,000,000
Hazardous materials........................................18,000,000
Alien flight school (transfer from DOJ).....................3,000,000
________________
Subtotal, fee collections................................40,000,000
Secure Flight
The bill provides $82,211,000 for Secure Flight. No funding
shall be used for Secure Flight cutover operations until GAO
reports that all ten statutory conditions necessary for
certification have been met.
Crew and Other Vetting
The bill provides $33,807,000 for Crew and Other Vetting
programs. Within the total appropriation, $12,500,000 is
provided for vetting infrastructure enhancements necessary to
perform mandated vetting operations on populations that
require access to critical infrastructure. TSA shall report
to the Committees about the progress it has made to carry out
this mandate, the necessary vetting infrastructure
investments to increase capacity, estimated life cycle costs
and timelines. No funds appropriated for crew and other
vetting programs may be used to supplement the Secure Flight
program beyond the amount specifically appropriated unless
TSA submits a reprogramming or transfer request in accordance
with section 503 of this Act.
TRANSPORTATION SECURITY SUPPORT
The bill provides $947,735,000 for Transportation Security
Support. Funding is provided as follows:
Headquarters administration................................$234,870,000
Human capital services......................................218,105,000
Information technology......................................472,799,000
Intelligence.................................................21,961,000
________________
Total, Transportation Security Support................947,735,000
Expenditure Plans
The bill includes language requiring TSA to submit detailed
expenditure plans to the Committees for checkpoint support
and explosives detection systems procurement, refurbishment,
and installation on an airport-by-airport basis for fiscal
year 2009. These plans are due no later than 60 days after
the date of enactment of this Act. The bill withholds
$20,000,000 for headquarters administration from obligation
until the detailed expenditure plans are received.
Visible Intermodal Protection and Response Teams
The bill provides a total of $30,000,000 for Visible
Intermodal Protection and Response (VIPR) teams. This funding
is contained within appropriations for Aviation Security,
Surface Transportation Security, and Federal Air Marshals.
TSA shall develop and report on performance standards to
measure the success of its VIPR teams in detecting and
disrupting terrorism. In addition, this report shall identify
the methodology used to determine the distribution of VIPR
resources and personnel among the various modes of
transportation.
Risk Assessments
The Secretary shall submit a report on risk-based
priorities based on risk assessments across all
transportation modes as discussed in the Senate report. In
addition, the Secretary shall submit supporting documentation
on how the risk assessments were used to allocate resources
for each mode as directed in the Senate report. Both reports
can be submitted in a classified or unclassified format.
FEDERAL AIR MARSHALS
The bill provides $819,481,000 for the Federal Air
Marshals, including VIPR activities. Within the total
appropriation provided, $725,081,000 is for management and
administration and $94,400,000 is for travel and training.
TSA shall continue to provide quarterly reports on the
mission coverage, staffing levels, and hiring rates as
directed in previous appropriations Acts.
Coast Guard
OPERATING EXPENSES
The bill provides $6,194,925,000 for Operating Expenses
(OE). Of this amount, $340,000,000 is available for defense-
related activities; $3,600,000 is for the Operations Systems
Center; and not to exceed $20,000 is provided for reception
and representation expenses. The bill allows OE funds to be
used to purchase or lease small boats. Funding for operating
expenses shall be allocated as follows:
Military pay and allowances:
Military pay and allowances............................$2,576,170,000
Military health care......................................352,469,000
Permanent change of station...............................133,024,000
________________
Subtotal, military pay and allowances.................3,061,663,000
Civilian pay and benefits...................................645,350,000
Training and recruiting:
Training and education.....................................95,989,000
Recruitment................................................99,930,000
________________
Subtotal, training and recruiting.......................195,919,000
Operating funds and unit level maintenance:
Atlantic Command..........................................175,823,000
Pacific Command...........................................196,112,000
1st District...............................................59,069,000
5th District...............................................21,792,000
7th District...............................................77,391,000
8th District...............................................46,916,000
9th District...............................................31,595,000
11th District..............................................17,645,000
13th District..............................................22,931,000
14th District..............................................19,099,000
17th District..............................................30,979,000
Headquarters directorates.................................318,642,000
Headquarters managed units................................158,616,000
Other activities..............................................796,000
________________
Subtotal, operating funds and unit level maintenance..1,177,406,000
Centrally managed accounts..................................262,294,000
Intermediate and depot level maintenance:
Aeronautical..............................................310,207,000
Electronic................................................133,777,000
Civil/ocean engineering and shore facilities maintenance..178,363,000
Vessel....................................................196,446,000
Maintenance Backlog.........................................5,000,000
________________
Subtotal, intermediate and depot level maintenance......823,793,000
[[Page 21548]]
Port and maritime safety and security enhancements...........23,500,000
Aviation mission hour gap.....................................5,000,000
________________
Total, Operating Expenses...........................6,194,925,000
Port and Maritime Safety and Security
A total of $23,500,000 is provided for port and maritime
safety and security enhancements. This funding shall be used:
for additional watchstanders, boats, and marine inspection
staff; to conduct testing of Area Contingency Plans; to
increase maritime casualty investigations; to increase armed
boat escorts and security boardings; and to increase terminal
inspections of Certain Dangerous Cargoes transport and
delivery. The Coast Guard is directed to provide a plan no
later than 60 days after the date of enactment of this Act on
how this funding will be allocated. In addition, the Coast
Guard is directed to comply with House report language
regarding the Vessel Tracking System and the Ports and
Waterways Safety System.
increased operational hours for coastal patrol boats
A total of $4,150,000 is provided to increase operational
hours of the 87-foot patrol boats. The Coast Guard is
directed to brief the Committees on the results of this
effort six months after it is put into operation.
aviation mission hour gap
A total of $5,000,000 is provided to help address the
aviation mission hour gap. The Coast Guard is directed to
provide a plan no later than 60 days after the date of
enactment of this Act on how this funding will be allocated.
In addition, the Coast Guard is directed to provide a report
regarding maritime surveillance mission needs in the Air
Station Borinquen area of responsibility.
MAGNet
The Coast Guard is directed not to begin operations of the
Maritime Awareness Global Network (MAGNet) until the
Commandant certifies that this system complies with all
applicable laws and such certification is reviewed by the
Inspector General.
maintenance backlogs
Additional funding of $5,000,000 is provided to address the
Coast Guard's substantial cutter, aircraft, and shore
maintenance backlogs. The Coast Guard is directed to provide
the legacy cutter maintenance cost analysis detailed in the
House report.
training and recruiting
The Coast Guard is directed to submit its Climate
Management Plan to the Committees.
energy shortfalls
Due to increasing energy prices since the fiscal year 2009
budget was submitted, the Coast Guard has $90,562,000 in
increased funding requirements for which no funding has been
requested. This shortfall will have a considerable impact on
Coast Guard operations and the Coast Guard has not been able
to tell the Committees how it will deal with this impact. The
Coast Guard is directed to update the Committees at regular
intervals throughout the year on the impact of high energy
costs on its ability to meet mission requirements and on the
steps it has taken to minimize these impacts.
personnel
No funding is included for acquisition personnel within the
OE appropriation. Bill language is included to allow the
Coast Guard to transfer up to five percent of the OE
appropriation to the Acquisition, Construction, and
Improvements (AC&I) appropriation for personnel,
compensation, and benefits with notice to the Committees
within 10 days of the transfer. Similar bill language is
included in the AC&I appropriation allowing these funds
to be transferred back to the OE appropriation with a 30 day
notification to the Committees. The Coast Guard is directed
to reprogram funding needed to cover any unbudgeted costs of
the military pay raise.
polar icebreakers
One of the Coast Guard's missions is to provide the United
States with the capability to support national interests in
the polar regions. In a report recently submitted, the Coast
Guard stated that the United States will need a maritime
surface and air presence in the Arctic sufficient to support
prevention and response regimes as well as diplomatic
objectives. However, no funding has been requested for the
Coast Guard's aging icebreakers despite its inability to meet
current and projected polar operations mission
responsibilities. The Coast Guard is directed to follow House
report direction regarding the polar icebreaking operating
budget. The Coast Guard should work with the National Science
Foundation in the coming year to renegotiate the existing
polar icebreaking agreement in order to return the budget for
operating and maintaining its polar icebreakers to the Coast
Guard in fiscal year 2010. The AC&I appropriation
includes $30,300,000 to reactivate the USCGC POLAR STAR for
an additional 7-10 years of service life.
operations systems Center
The bill provides $3,600,000 for customized tenant
improvements in conjunction with the Operations Systems
Center expansion project, as detailed in the Senate report.
A-76
No funding is provided for the conduct of Coast Guard A-76
studies in fiscal year 2009.
bay Area Lighthouses
The Coast Guard is directed to comply with House report
direction regarding the Bay Area lighthouses.
Bering Sea Patrols
Within the OE appropriation, $7,600,000 is provided to crew
and operate the USCGC ACUSHNET through the end of fiscal year
2009. The Pacific Area Commander expects to lose between 90
and 120 patrol days in fiscal year 2009 based on the
President's budget proposal to decommission the vessel after
two quarters of operation in fiscal year 2009. This will
negatively impact the Coast Guard's ability to patrol the
Bering Sea and Aleutian Islands. If the Coast Guard
determines that continued operation of the USCGC ACUSHNET is
not viable, the funds should be used to sustain patrol hours
in the Bering Sea and Aleutian Islands which would be lost by
its decommissioning and the Committees should be notified
accordingly.
Coast Guard Yard
The Commandant is directed to comply with Senate report
direction regarding the Coast Guard Yard.
Financial Management Weaknesses
The bill requires the Commandant to submit, and the OIG to
review, a financial management improvement plan. The Coast
Guard must have a workable plan to achieve a clean audit and
none currently exists today. The Coast Guard shall develop
this plan in consultation with the Department's CFO.
Workforce Action Plan
The Coast Guard is directed to comply with Senate report
direction regarding a workforce action plan.
Management and Technology Efficiencies
Within six months after the date of enactment of this Act,
the Coast Guard is directed to report in detail on how the
$68,117,000 total funding reduction requested due to
management and technology efficiencies is being achieved.
Quarterly Acquisition and Mission Emphasis Reports
The Commandant is directed to continue to submit quarterly
acquisition and mission emphasis reports. The acquisition
report shall include information on small boat purchases and
leases made with the OE appropriation.
ENVIRONMENTAL COMPLIANCE AND RESTORATION
The bill provides $13,000,000 to help address the current
Environmental Compliance and Restoration backlog estimated at
$109,700,000.
RESERVE TRAINING
The bill provides $130,501,000 for Reserve Training.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
The bill provides $1,494,576,000 for Acquisition,
Construction, and Improvements, as follows:
Vessels:
Inland river tender recapitalization.......................$5,000,000
Response boat medium......................................108,000,000
________________
Subtotal, Vessels.......................................113,000,000
Other Equipment:
Automatic Identification System.............................8,600,000
Rescue 21..................................................73,000,000
High frequency recapitalization.............................2,500,000
Defense messaging system................................... 4,074,000
Command 21..................................................1,000,000
________________
Subtotal, Other Equipment................................89,174,000
Shore Facilities and Aids to Navigation:
Survey and design, shore operational & support projects.....2,050,000
TISCOM-TSD Building.........................................2,500,000
Air Station Cape Cod........................................5,000,000
Sector Delaware Bay........................................13,000,000
Cordova, Alaska housing....................................11,600,000
Renovate USCGA Chase Hall, phase II........................10,300,000
Montauk Housing.............................................1,550,000
Waterways aids to navigation................................4,000,000
Rescue Swimmer Training Facility...........................15,000,000
Sector Buffalo..............................................3,000,000
________________
Subtotal, Shore Facilities and Aids to Navigation........68,000,000
Personnel and Related Support:
Direct personnel costs.....................................92,330,000
AC&I core.....................................................500,000
________________
Subtotal, Personnel and Related Support..................92,830,000
Integrated Deepwater System:
Aircraft:
Maritime patrol aircraft...................................86,600,000
[[Page 21549]]
HH-60 conversion projects..................................52,700,000
HC-130H conversion/sustainment projects....................24,500,000
HH-65 conversion project...................................64,500,000
Unmanned aircraft systems...................................3,000,000
HC-130J fleet..............................................13,250,000
________________
Subtotal, Aircraft......................................244,550,000
Surface Ships:
National security cutter..................................353,700,000
Replacement patrol boat (FRC-B)...........................115,300,000
IDS small boats.............................................2,400,000
Patrol boats sustainment...................................30,800,000
Medium endurance cutter sustainment........................35,500,000
Offshore patrol cutter......................................3,003,000
Polar icebreaker sustainment...............................30,300,000
________________
Subtotal, Surface Ships.................................571,003,000
C4ISR........................................................88,100,000
Technology obsolescence prevention............................1,500,000
Logistics....................................................37,700,000
System engineering and management............................33,141,000
Government program management................................58,000,000
________________
Subtotal, Integrated Deepwater System.................1,033,994,000
Coast Guard/DHS headquarters.................................97,578,000
________________
Total, Acquisition, Construction, and Improvements..1,494,576,000
Response Boat-Medium (RB-M)
Recent studies have identified the lack of response boats
as an impediment to fully implementing the Coast Guard's
mission requirements. A total of $108,000,000 is provided for
RB-Ms in fiscal year 2009 to allow the Coast Guard to
purchase 36 boats, 22 above the request.
Deepwater
The bill provides $1,033,994,000 for the Integrated
Deepwater System Program (Deepwater). Of this amount,
$350,000,000 is unavailable for obligation until the
Committees receive and approve a plan for expenditure, in
accordance with the specified legislative conditions. In
submitting its mandated review of this expenditure plan to
the Committees, GAO is directed to provide an overall
evaluation of the plan's value to the Coast Guard's
management of Deepwater, and a qualitative, descriptive
assessment of the degree with which the Coast Guard has
complied with each legislative requirement.
Long Range Surveillance Aircraft (HC-130J)
The bill provides $13,250,000 to missionize three HC-130Js.
The Coast Guard is directed to provide its finalized HC-130J
Remediation Plan to the Committees within 60 days after the
date of enactment of this Act.
National Security Cutter (NSC)
The bill provides $353,700,000, as requested, for the
National Security Cutter (NSC). It is questionable whether
this amount will be sufficient to purchase the fourth NSC,
according to recent information provided by the Coast Guard.
This is a concern since, in August 2007, the Coast Guard
entered into a Consolidated Contract Action to resolve all
outstanding cost overruns incurred by the NSC contractor due
to economic and customer changes that have occurred over the
past four years. No later than 30 days after the date of
enactment of this Act, the Coast Guard is directed to provide
the Committees with detailed information on all reasons why
there may be nearly a 50 percent increase in the cost of this
cutter and how it plans to manage this procurement within the
dollars provided. To improve its management of this important
program, the Coast Guard is directed to follow House report
direction on the visibility of the contractor's earned value
management system and Senate report direction regarding
information assurance and critical decision points and dates.
Replacement Patrol Boat/FRC-B
The bill provides $115,300,000, as requested, for limited
production of the FRC-B. The Coast Guard is directed to take
all steps necessary to control costs for this procurement,
including conducting a formal design review to ensure that at
least 90 percent of the design drawings are complete by the
critical design review stage. The projected award date for
the FRC-B has been delayed until the first quarter of 2009.
The Coast Guard is directed to provide quarterly briefings to
the Committees on the status of this procurement, including
critical decision points and dates, planned service life
extensions of existing 110-foot patrol boats, and patrol boat
operational metrics.
Polar Icebreakers
The bill provides $30,300,000 for the Coast Guard to
reactivate the USCGC POLAR STAR.
Deepwater Human Capital
The Coast Guard is directed to brief the Committees within
60 days after the date of enactment of this Act on the
results of its workforce forecasting process as detailed in
the Senate report. The Coast Guard also is directed to
address the three acquisition workforce challenges identified
in the House report.
Coast Guard Academy Pier for USCGC EAGLE
The Coast Guard is directed to expeditiously address the
needs of the USCGC EAGLE pier as directed in the Senate
report.
alteration of bridges
The bill provides $16,000,000 for Alteration of Bridges,
with funding allocated as follows:
Burlington Northern Railroad Bridge in Burlington, Iowa......$2,000,000
Canadian Pacific Railway Bridge in La Crosse, Wisconsin.......2,000,000
Chelsea Street Bridge in Chelsea, Massachusetts...............2,000,000
Elgin, Joliet, and Eastern Railway Company Bridge in Morris, I2,000,000
Fourteen Mile Bridge in Mobile, Alabama.......................4,000,000
Galveston Causeway Bridge in Galveston, Texas.................4,000,000
________________
Total.................................................$16,000,000
The Coast Guard is encouraged to begin construction of the
Elgin, Joliet, and Eastern Railway Company Bridge as
expeditiously as possible, as directed in the Senate report.
research, development, test, and evaluation
The bill provides $18,000,000 for Research, Development,
Test, and Evaluation. This includes $2,000,000 for the Coast
Guard to work with entities conducting ballast water
treatment system testing, such as the Great Ships Initiative,
to test the efficacy of such systems and methods in both salt
and fresh water, as detailed in the House report.
medicare-eligible retiree health care fund contribution
GAO is directed to evaluate by June 2009 the process used
to determine the amount charged to the Coast Guard for
Medicare-eligible retiree health care and the relationship of
this amount to the benefits received by Coast Guard retirees.
RETIRED PAY
The bill provides $1,236,745,000 for Retired Pay.
United States Secret Service
SALARIES AND EXPENSES
The bill provides $1,408,729,000 for Salaries and Expenses,
with funding to be allocated as follows:
Headquarters Management and Administration.................$182,104,000
Protection:
Protection of Persons and Facilities......................705,918,000
Protective Intelligence Activities.........................59,761,000
National Special Security Event Fund........................1,000,000
White House mail screening.................................33,701,000
Presidential candidate nominee protection..................41,082,000
________________
Subtotal, Protection....................................841,462,000
Investigations:
Domestic Field Operations.................................241,772,000
International Field Office Administration and Operations...30,000,000
Electronic Crimes Special Agent Program and Electronic Crimes Task
Forces...................................................51,836,000
Support for missing and exploited children..................8,366,000
________________
Subtotal, Investigations................................331,974,000
Training:
Rowley Training Center 53,189,000
________________
Total, U.S. Secret Service.........................$1,408,729,000
Secret Service Investigations
The bill provides $331,974,000 for Investigations,
$5,658,000 more than requested. Of the increase, an
additional $4,000,000 is for Secret Service cyber crime
investigations, and an additional $1,658,000 is for
International Field Operations.
Post Presidential Detail
The bill includes $4,500,000, as requested, for the
President's post-Presidency protective detail. The bill does
not include a requested general provision regarding six
months of protection for the Vice President after leaving
office. The Congress passed separate legislation authorizing
this protection.
Discontinued Protective Details
The bill reduces the Secret Service protective budget by
$2,750,000 to account for protective activities the Secret
Service no longer performs.
White House Facilities
The bill includes $33,701,000 for White House mail
screening, $3,000,000 less than requested. The facility to
screen White House mail is under construction and will not be
complete until well into the fiscal year. The reduction
reflects that the Secret Service will not have to pay an
entire year of rent for the new building.
The cost to replace locks at the White House should be paid
by the General Services
[[Page 21550]]
Administration, which maintains offices within the White
House, or the National Park Service, which maintains the
public and residential areas of the complex. However, if the
Secret Service believes there is an urgent need to replace
White House locks prior to February 1, 2009, it is directed
to use funds it had budgeted for security of the White House
complex for this purpose.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES
The bill provides $4,225,000 for Acquisition, Construction,
Improvements and Related Expenses. Within this total,
$250,000 is provided to fund inflationary cost increases and
$250,000 is to fund a perimeter security and noise abatement
study for the Rowley training facility.
TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
MANAGEMENT AND ADMINISTRATION
The bill includes $51,350,000 for Management and
Administration of the National Protection and Programs
Directorate (NPPD). Given high vacancy levels that have
persisted at NPPD throughout fiscal year 2008, the request
for additional staff is reduced by $1,500,000. No funding is
provided to move the functions of the Office of
Intergovernmental Programs from FEMA to NPPD, therefore, this
function shall remain within FEMA.
INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY
The bill includes $806,913,000 for Infrastructure
Protection and Information Security (IPIS). Funding levels by
budget activity are as follows:
Infrastructure Protection:
Identification and Evaluation.............................$80,603,000
Coordination and Information Sharing.......................62,367,000
Mitigation Programs.......................................170,830,000
National Cyber Security Division............................313,500,000
National Security/Emergency Preparedness Telecom:
Priority Telecommunications Services.......................58,740,000
Next Generation Networks...................................50,250,000
National Command and Coordination Capability................5,963,000
Programs to Study and Enhance Telecommunications...........15,100,000
Critical Infrastructure Protection Programs................11,260,000
Office of Emergency Communications...........................38,300,000
________________
Total, Infrastructure Protection and Information Secur806,913,000
Expenditure Plans
Due to the inadequate level of detail provided in the
budget justifications and other supporting materials, the
bill restricts from obligation half of the funds appropriated
for the National Cyber Security Initiative ($127,462,000) and
the Next Generation Networks program ($25,125,000) until NPPD
submits, and the Committees approve, expenditure plans for
each of these programs. NPPD is directed to include in these
plans the information discussed in the House report.
Chemical Facility Anti-Terrorism Standards and Ammonium Nitrate
Regulation
The bill provides $73,000,000 for implementation of the
Chemical Facility Anti-Terrorism Standards and $5,000,000 to
implement ammonium nitrate regulations.
National Infrastructure Protection Plan Management (NIPP)
The bill provides $30,993,000 for NIPP management and
related Critical Infrastructure and Key Resource
partnerships.
Vulnerability Assessments
The bill provides an increase of $6,000,000 above the
request to accelerate the pace of critical infrastructure and
key resource vulnerability assessments.
Ethanol Transloading Facilities
NPPD is directed to report to the Committees on the results
of a recent vulnerability assessment of an ethanol
transloading facility in Virginia, as discussed in the House
report.
Business Counterintelligence
As discussed in the House report, NPPD is directed to
review the Federal government's efforts to increase awareness
of business counterintelligence and incorporate best
practices into its NIPP management activities.
Office of Bombing Prevention
The bill provides $11,000,000 for the Office of Bombing
Prevention, of which $1,000,000 shall be for the purchase of
the IED-Geospatial Analysis Tool Plus, as discussed in the
House report.
Philadelphia Video Surveillance
As discussed in the House report, the bill provides
$2,000,000 for NPPD to continue deployment of infrastructure
monitoring and crime cameras in the city of Philadelphia.
Underground Critical Infrastructure
The bill provides $3,000,000 for the Department to pilot
methods for securing underground critical infrastructure, as
discussed in the House report.
National Infrastructure Simulation and Analysis Center
As discussed in the Senate report, the bill provides
$20,000,000 for the National Infrastructure Simulation and
Analysis Center, which is led by Sandia and Los Alamos
National Laboratories in New Mexico.
Cyber Security
The bill provides $313,500,000 for activities of the NPPD
National Cyber Security Division (NCSD), including
$254,924,000 for the Department of Homeland Security's share
of the Administration's National Cyber Security Initiative
(NCSI). This funding includes the requested levels for the US
Computer Emergency Response Team and the Cyber Security
Information Sharing and Collaboration program. Additional
details are contained in the classified annex accompanying
this explanatory statement. NPPD is required to submit an
expenditure plan providing more details on the purpose and
goals of the NCSI and how proposed expenditures will meet
them. NPPD is also directed to conduct a privacy impact
assessment for its cyber security initiative and brief the
Committees, as discussed in the Senate report.
Priority Telecommunications Services/Next Generation Networks
The bill provides $58,740,000 for the Priority
Telecommunications Services program and $50,250,000 for the
Next Generation Networks (NGN) program. NPPD is required in
law to submit an expenditure plan detailing the purpose and
goals of the NGN program.
National Command and Coordination Capability
The bill provides $5,963,000 for the National Command and
Coordination Capability (NCCC). NPPD is expected to conduct a
comprehensive assessment of the extensive emergency
communications investments made by the Federal government
since the creation of DHS, and to identify clearly how NCCC
will enhance the multiple existing communications systems
that connect Federal officials with their State and local
counterparts.
Cyber Security Training
The bill provides $3,500,000 for the continued development
and implementation of the Community Cyber Security Maturity
Model at the University of Texas at San Antonio, a training
program designed to prepare State and local officials for
responding to cyber attacks.
Control Systems Security
The bill provides $22,000,000 for the National Cyber
Security Division's efforts to improve security of control
systems, of which $4,000,000 is to establish a power and
cyber system protection, analysis, and testing program at the
Idaho National Laboratory, as discussed in the House report.
Classified Presidential Directives
As discussed in the Senate report, NPPD is strongly
encouraged to re-examine policies on classification of
Presidential Directives that purport to set government policy
or provide critical information affecting State, local, and
private sector officials. Given that many individuals not
employed by the Federal government are not authorized to
access classified documents, it seems problematic that
important homeland security directives may not be available
to the very people responsible for helping to implement them.
United States Visitor and Immigrant Status Indicator Technology
The bill includes $300,000,000 for United States Visitor
Immigrant Status Indicator Technology (US-VISIT). Of this
amount, $75,000,000 may not be obligated until the Committees
receive an expenditure plan as specified in the House report,
with the exception that neither GAO review nor Committee
approval is required.
The bill provides that no funding shall be obligated for
implementation of a final air exit solution until the
Committees receive a report on air exit pilots, which shall
be reviewed by GAO, and test at least two scenarios: (a)
where airlines collect and transmit biometric exit data as
proposed in the notice of proposed rulemaking (DHS-2008-0039,
published on April 24, 2008) and (b) where CBP collects such
information at departure gates.
Within the $300,000,000 appropriated, $20,000,000 is for
identity management and screening services; $66,368,000 is
for the Unique Identity program, and $25,327,000 is to move
US-VISIT operations to a DHS data center, and establish a
second disaster recovery site. The remaining $188,305,000 is
available for operations and maintenance, program management,
and development and implementation of biometric exit
solutions.
Expenditure Plan
In developing its expenditure plan, DHS is directed to
ensure that all required certifications address not only
prior year program performance, systems, and processes, but
also address the elements of the fiscal year 2009 program
outlined in the plan as they relate to procurement, risk
management, and human resource best practices. In addition,
DHS is directed to include in the expenditure
[[Page 21551]]
plan a schedule for the data center transfers and a
description of funding required, as specified in the House
report.
Air Exit Pilots
DHS is directed to carry out the air exit pilots as
outlined in the House report, with the exception that the
pilots should be completed not later than January 31, 2009.
There is no requirement for the report to be approved by the
Committees. DHS is urged to work cooperatively with the
airline industry to design and carry out air exit pilots as
soon as possible.
2010 Budget Submission Information
DHS is directed to include with its fiscal year 2010 budget
request, as specified in the House report, (1) a report on
prospects for implementation of enumeration throughout DHS,
and (2) a full description of the internal DHS governance
process and steps US-VISIT and DHS have taken to define,
manage and coordinate relationships between US-VISIT and
other immigration and border management programs.
Expenditure Plan Certifications
The fiscal year 2008 US-VISIT expenditure plan submitted by
the Department did not comply with requirements of the law;
specifically, it failed to include required information in
support of several certifications. Additionally,
certifications seem to have been based in part on outdated
assessments. DHS is directed to ensure that certifications
submitted in support of future expenditure plans include all
supporting documentation, and address current and prospective
elements of the program.
US-VISIT Must Become a Current-Year Program
Repeated delays in submitting the legislatively required
expenditure plans have resulted in US-VISIT becoming a
forward-funded program. The fact that the fiscal year 2008
plan was not submitted until June 12, 2008, means that nearly
a quarter of the program's budget will carry over into fiscal
year 2009. This practice must stop. In prior years, Congress
has approved virtually all the funding requested for the
program. However, the reduction of $90,300,000 in this bill
is a response to the delay in submitting the expenditure
plans and the resulting unobligated balances. DHS is directed
to submit expenditure plans on a timely basis in order to
ensure that US-VISIT becomes an effective, current-year
program.
Office of Health Affairs
The bill provides $157,191,000 for Office of Health Affairs
(OHA). Of this amount $29,210,000 is for salaries and
expenses. Funds for planning and coordination activities are
available as detailed in the House report.
A total of $111,606,000 is provided for BioWatch. Concerns
about the management of the BioWatch program, as detailed in
the House report, include uncertainty about the relationship
of generation 2.5 systems to generation 3.0 systems; a lack
of clarity about how OHA measures the efficiency and
effectiveness of the systems; and questions about how
BioWatch should fit in with other surveillance efforts. In
addition, it has become evident that, due to changes in
performance standards and other factors, testing and
deployment of the generation 3.0 systems could be delayed for
as much as two years. The National Academy of Sciences (NAS)
is currently evaluating the BioWatch program to assess its
effectiveness and how it might fit in to an enhanced national
public health surveillance system that now relies primarily
on hospitals and the public health system. The results of the
NAS evaluation are expected within a year, and OHA is
expected to utilize those results in its BioWatch planning.
In light of the risks associated with biological threats
and the ability to detect such threats in the most efficient
manner, DHS must strike a careful balance between expediting
the deployment of new technologies and ensuring that such
technologies have been fully validated. In order to help
strike that balance, a total of $34,498,000 is included for
field testing systems beyond generation 2.0 that can be
deployed within 12 months. Funding shall be competitively
awarded. Field tests should be conducted in high risk urban
areas, as determined by the Secretary, and should be
initiated incrementally to ensure that lessons learned and
performance data can inform decisions about future pilot
deployments. Prior to commencing field testing, OHA shall
work with the Science and Technology (S&T) Directorate to
determine evaluation metrics. OHA is further directed to
notify the Committees 15 days after deployment of any
BioWatch device to a new location. OHA shall submit an
expenditure plan on the BioWatch base program and an
expenditure plan on the BioWatch field testing program within
60 days after the date of enactment of this Act. OHA shall
notify the Committees within five days of any deviation from
the expenditure plan.
Significant work must be done to better understand
environmental exposures following disasters and to develop
response protocols and technologies to mitigate health
effects. OHA is urged to continue its activities in this area
and coordinate a Federal effort to apply exposure science to
disaster response by working with other Federal agencies that
have expertise related to environmental exposures, public
health, and occupational safety.
Federal Emergency Management Agency
MANAGEMENT AND ADMINISTRATION
The bill provides $837,437,000 for FEMA Management and
Administration. In addition, up to $105,600,000 may be
transferred from the Disaster Relief fund for disaster
support costs, including conversion of FEMA's temporary
disaster employees to permanent status. The funding available
for transfer is unavailable until the Committees receive and
approve an implementation plan, as detailed in the House
report. Of the amount provided, no less than $7,000,000 is
for the Emergency Management Institute, no less than
$6,000,000 is for the National Dam Safety Program and no more
than $6,000,000 is for expiring leases of regional offices.
Additionally, the Reserve Workforce Credentialing and
Recruitment Plan shall be funded at no less than the amount
requested in the budget.
The bill provides $6,342,000 for the Office of National
Capital Region Coordination. The bill includes a provision
requiring the inclusion of the Governors of the State of West
Virginia and the Commonwealth of Pennsylvania in the National
Capital Region decision-making and planning process for mass
evacuation. The Department is directed to include officials
from the counties and municipalities that contain the
evacuation routes and their tributaries into the planning
process.
Measuring Preparedness
The bill provides $5,000,000 to accelerate efforts at FEMA
to develop tools to measure the achievement and effectiveness
of certain grant programs, including how grants increase the
capability of States and local communities to respond to all-
hazards. GAO is directed to evaluate these grants measurement
tools and determine whether the tools are reasonable and
effective in measuring how grants increase the preparedness
level and capabilities of each grant recipient and reduce
risk. FEMA is directed to create a task force and consult
with State and local governments, as specified in the Senate
report with regard to this effort.
Nuclear Preparedness
The bill provides $6,000,000 for a nuclear preparedness
effort. To address the shortfall in nuclear preparedness
efforts at the Department, Congress provided $5,500,000 to
OHA in the U.S. Troop Readiness, Veterans' Care, Katrina
Recovery, and Iraq Accountability Appropriations Act, 2007
(Public Law 110-28) to begin modeling the effects of a
potential nuclear attack and planning ways to mitigate its
effects, including direction to develop effective
communications. FEMA is to build on this effort and work with
State and local officials, and other relevant Federal
agencies on planning efforts, and to continue to develop and
test pre-event and post-event communication strategies. FEMA
shall work with OHA and the Department of Health and Human
Services on health aspects of a nuclear event.
Mt. Weather Capital Improvements
The bill provides the budget request for Mt. Weather
capital improvements, an increase of $10,413,000 from fiscal
year 2008. FEMA is directed to provide a comprehensive five-
year capital improvement plan, as detailed in the House
report, for Mt. Weather by April 6, 2009.
Urban Search and Rescue Response System
The bill provides $32,500,000 for the Urban Search and
Rescue Response System. FEMA is directed to provide a report
on the feasibility of adding an additional team to the Urban
Search and Rescue program, including a recommendation for the
geographical location and associated cost estimate if it
determines that adding a new team is feasible and warranted,
as discussed in the House report.
Emergency Alert System
The bill provides $35,000,000 for the modernization of the
Emergency Alert System (EAS), including the conversion of EAS
to digital capability. Up to $2,000,000 shall be used to
validate Radio Broadcast Data System Technology as an
effective means of notification of individuals during
emergencies, to be competitively awarded. FEMA is directed to
provide a plan to the Committees by January 2009 outlining
the completion of the conversion to the Integrated Public
Alert and Warning System as discussed in the House report.
Ready Campaign
The bill provides no less than $2,500,000 for the READY
campaign, which is transferred to FEMA from the Office of the
Secretary and Executive Management. The program is to be
combined with FEMA's ``Are You Ready?'' campaign.
Developing Best Practices
The bill provides $2,200,000 to develop and implement best
practices of all-hazards preparedness and response specific
to the unique geographical features and remoteness of the
Pacific Area.
Impacts of Climate on Future Disasters
The bill provides $5,000,000 for the State of North
Carolina to perform a risk assessment and mitigation strategy
demonstration of the potential impacts of sea level rise in
that State associated with long-term climate
[[Page 21552]]
change, as discussed in the House report. FEMA is directed to
use the study results to assess the long-term fiscal
implications of climate change as it affects the frequency
and impacts of natural disasters, and to disseminate
information from the study to other states to inform their
climate change mitigation efforts.
Flood Control and Hazard Mitigation Demonstration Program
The bill provides $2,425,000 to conduct demonstration flood
control and hazard mitigation projects with interagency
stakeholders, including FEMA, the U.S. Army Corps of
Engineers, the U.S. Department of Agriculture, and State and
local agencies, as discussed in the House report. Funds are
provided to demonstrate a wide range of project solutions
across FEMA's multiple disaster preparedness and mitigation
programs, including: retrofitting and hardening of existing
flood walls and levees; pump refurbishment; land acquisition;
transportation infrastructure modifications; and other flood
damage reduction projects within the Upper Cumberland and Big
Sandy Watershed, Kentucky.
Budget Submissions
The bill continues a provision directing FEMA to submit its
fiscal year 2010 budget request by office. Each office and
FEMA region shall provide: (1) budget detail by object
classification; (2) the number of full-time equivalents on
board; (3) the number of full-time equivalent vacancies; and
(4) the appropriation account(s) used to support the office
and the programs managed by the office.
FEMA is directed to notify the Committees within 15 days if
any office receives or transfers more than 10 percent of the
total amount allocated to each office. FEMA is expected, as
part of the fiscal year 2010 budget request, to contain
budget detail for the programs specified in the House report.
First Responder Readiness
FEMA is directed to submit a report, as specified in the
House report, regarding the availability of training and an
analysis of response capabilities of the U.S. territories.
FEMA is directed to examine major training programs to
determine the utility of additional sites for all-hazard
first responder training and report to the Committees on its
findings.
Stakeholder Involvement
The bill withholds $10,000,000 until the Secretary of
Homeland Security, in coordination with the Administrator of
FEMA, certifies and reports to the Committees that certain
conditions have been met regarding the process to incorporate
stakeholder input for grant guidance development and award
distribution. Input from State Administrative Agencies,
Regional Working Groups, Federal Preparedness Coordinators,
the National Advisory Council, and other stakeholder groups
shall be sought for this process, in accordance with the
Senate report. A similar provision is included within the
Office of the Secretary and Executive Management.
Special Populations
FEMA is directed to submit the report specified in the
House report regarding Limited English Proficiency
populations.
Information Technology
The bill provides the President's budget request for
information technology improvements.
Regional Capability
FEMA is not currently using its Federal Medical Contingency
Station (FMCS) Type-1. However, FEMA Region IV and the states
within that region have developed a plan for incorporating
the FMCS Type-1 into a regional medical response system, in
which the FMCS Type-1 would be assigned to a state in the
region but be available for both regional and national
medical response via the Emergency Management Assistance
Compact. FEMA is directed to transfer FMCS Type-1 to Region
IV for this purpose.
STATE AND LOCAL PROGRAMS
(Including transfer of funds)
The bill provides $3,105,700,000 for State and Local
Programs. Funding is allocated as follows:
State Homeland Security Grant Program......................$950,000,000
Urban Area Security Initiative..............................837,500,000
Regional Catastrophic Preparedness Grants....................35,000,000
Metropolitan Medical Response System.........................41,000,000
Citizen Corps Program........................................15,000,000
Public Transportation Security Assistance and Railroad Security
Assistance................................................400,000,000
Port Security Grants........................................400,000,000
Over-the-Road Bus Security Grants............................12,000,000
Trucking Industry Security Grants.............................8,000,000
Buffer Zone Protection Program Grants....................... 50,000,000
Commercial Equipment Direct Assistance Program................8,000,000
Interoperable Emergency Communications Grant Program.........50,000,000
Emergency Operations Centers.................................35,000,000
National Programs:
Center for Domestic Preparedness...........................62,500,000
National Domestic Preparedness Consortium.................102,000,000
Counterterrorism and Cyber Crime Center.....................1,700,000
National Exercise Program..................................40,000,000
Technical Assistance.......................................11,000,000
Continuing Training Grants.................................31,000,000
Evaluations and Assessments................................16,000,000
Subtotal, National Programs............................ 264,200,000
________________
Total, State and Local Programs.....................3,105,700,000
The bill includes provisions (1) allowing the transfer of
up to three percent of State and Local programs funding to
FEMA's ``Management and Administration'' account, and
requiring the submission of an expenditure plan within 60
days after the date of enactment of this Act on the use of
those administrative funds; (2) designating certain
timeframes for grant processing; (3) requiring grantees to
provide reports as determined necessary by the Secretary; (4)
requiring GAO to report, not later than 45 days after the
date of enactment of this Act, on the data, assumptions, and
methodology that DHS uses to assess risk and allocate Urban
Areas Security Initiative (UASI) and State Homeland Security
Grant Program (SHSGP) funds; and (5) providing that the
installation of communications towers is not considered
construction of a building or other physical facility under
the SHSGP and UASI program.
FEMA is directed, in conjunction with OHA, to report to the
Committees regarding the current state of disaster
preparedness capabilities of emergency medical services, as
discussed in the House report. FEMA is encouraged to require
State and local governments to include Chief Information
Officers in planning efforts, as discussed in the Senate
report. Further, FEMA is encouraged to consider the need for
mass evacuation planning and pre-positioning of equipment for
areas potentially impacted by mass evacuations in allocating
first responder funds.
Grants Management and Coordination
FEMA is expected to continue to fully engage agencies with
subject matter expertise within the Department, when
appropriate, in the development of grant guidance and the
determination of awards. Such agencies include the Coast
Guard, TSA, NPPD, OHA, S&T, the Law Enforcement Advisor to
the Administrator, the Office of Emergency Communications,
and the DHS Office of State and Local Law Enforcement.
FEMA is directed to assume all coordination functions of
grant programs for the Department and be the primary point of
contact for all grantees.
Complying with the 9/11 Act
FEMA is directed to comply with the requirements of the 9/
11 Act, as discussed in the House report including ensuring
that current and future grantees are aware of and comply with
the law, and removing the time limitation for intelligence
analysts.
Critical Emergency Supplies
FEMA is directed to allow grant recipients to allocate a
reasonable portion of grant funds, as determined by FEMA, for
critical emergency provisions such as shelf stable food
products, water, and basic medical supplies. FEMA should
award funding for this purpose only after certifying that
grant applicants have a viable inventory management plan, an
effective distribution strategy, sustainment costs for such
an effort, and logistics expertise to avoid situations where
funds are wasted because supplies are rendered ineffective
due to lack of planning. FEMA shall report to the Committees
on lessons learned and best practices regarding this newly
allowable expense, including how critical supplies and the
distribution of them can be coordinated among Federal, State,
and local entities for the most efficient and effective
response.
State Homeland Security Grant Program
The bill provides $950,000,000 for the SHSGP. The bill
includes a provision directing that the Commonwealth of
Puerto Rico shall be considered a State in the allocation of
grant funds to local and tribal governments. In accordance
with the 9/11 Act, at least 25 percent of SHSGP and UASI
funds shall be used for Law Enforcement Terrorism Prevention
(LETPP) activities. FEMA is directed to provide clear
guidance to States and urban areas to ensure that the intent
of LETPP is fully realized and the program is fully
maximized.
Included in the amount provided is $60,000,000 for
Operation Stonegarden. All awards shall be made on a
competitive basis to tribal governments and units of local
government, including towns, cities, and counties along the
border of the U.S. to enhance the coordination between local
and Federal law enforcement agencies. Eligible costs for
Operation Stonegarden are as described in the House report.
Only CBP and FEMA shall make award decisions. No
administrative costs shall be deducted by States.
Urban Area Security Initiative
The bill provides $837,500,000 for UASI grants. Within this
funding, $15,000,000 is provided for grants to non-profit
organizations
[[Page 21553]]
determined by the Secretary to be at high risk of terrorist
attack.
Regional Catastrophic Preparedness Grant Program
The bill provides $35,000,000 for the Regional Catastrophic
Preparedness Grant Program. FEMA is directed to award funding
as directed in the Senate report.
Metropolitan Medical Response System
The bill provides $41,000,000 for the Metropolitan Medical
Response System.
Public Transportation Security Assistance and Railroad Security
Assistance
The bill provides $400,000,000 for Public Transportation
Security Assistance and Railroad Security Assistance. Of this
amount $25,000,000 is provided for Amtrak security needs. The
bill includes a provision directing the Department to make
grants directly to public transportation agencies. FEMA is
directed to notify the states of the grantees at the time of
the award to promote state-wide collaboration. The bill also
prohibits the Department from requiring a cost share for
fiscal year 2008 and fiscal year 2009 funds.
Port Security Grants
The bill provides $400,000,000 for Port Security grants.
The Coast Guard shall make all final grant recommendations
for Port Security grants.
Trucking Industry Security Grants
The bill provides $8,000,000 for Trucking Industry Security
Grants, to be competitively awarded, for an anti-terrorism
and security awareness program for highway professionals and
for an academic evaluation of the effectiveness of the
program. FEMA is directed to submit an expenditure plan for
the Trucking Industry Security Grant Program to the
Committees prior to the obligation of funds.
Buffer Zone Protection Program Grants
The bill provides $50,000,000 for the Buffer Zone
Protection Program.
Commercial Equipment Direct Assistance Program
The bill provides $8,000,000 for the Commercial Equipment
Direct Assistance Program.
Interoperability Emergency Communications Grants
The bill provides $50,000,000 for Interoperability
Emergency Communications Grants. In fiscal year 2008, FEMA
placed priority on leadership and governance, common planning
and operational protocols, and skills and capabilities, and
the Committees agree with that priority. States and
localities should be given flexibility to purchase equipment
only if they have made progress in these other areas.
Accordingly, the Department is directed to allow such States
and local governments to use grant funds to purchase
equipment pursuant to requirements in the 9/11 Act.
FEMA regional offices are directed to assist in regional
integration of State communications plans.
Emergency Operations Centers
The bill provides $35,000,000 for Emergency Operations
Centers. Funding is provided for equipping, upgrading, and
constructing EOCs pursuant to section 614 of the Stafford
Act. This funding is in addition to funding States and locals
may use from other Homeland Security grants for the same
purpose. Of the amount provided, $13,355,000 is available for
a competitive program. The remaining funding is provided for
the following Emergency Operations Center projects in the
following amounts:
Tensas Parish Police Jury, LA..................................$750,000
City of Rialto, CA..............................................225,000
Village of Poynette, WI.......................................1,000,000
Sebastian County, AR............................................750,000
Lake County, FL...............................................1,000,000
Sarasota County, FL...........................................1,000,000
Northumberland County, Department of Public Safety, PA........1,000,000
City of Detroit, MI...........................................1,000,000
San Diego Unified School District, San Diego, CA................400,000
City of Half Moon Bay, CA.......................................750,000
Chesterfield County, VA.........................................250,000
Spencer County Commissioners, Rockport, IN....................1,000,000
City of Gladstone, OR............................................60,000
City of Coral Springs, FL.......................................550,000
Snohomish County, WA..........................................1,000,000
County of Atlantic, NJ..........................................750,000
City of Rio Vista, CA...........................................150,000
American Red Cross, Sacramento Sierra Chapter, CA................35,000
Village of Bellerose, NY........................................200,000
Town of Pomona Park, FL.........................................300,000
San Francisco Police Department, CA...........................1,000,000
North Carolina Department of Crime Control and Public Safety, 1,000,000
City of Del Rio, TX.............................................500,000
City of Bell Gardens, CA........................................175,000
City of Cudahy, CA...............................................50,000
The County of Cook, IL........................................1,000,000
Douglas County, GA..............................................500,000
City of Richmond, Office of Emergency Management, VA............750,000
Hudson County, NJ.............................................1,000,000
Marion County, FL...............................................750,000
City of Miami Beach, FL.......................................1,000,000
Vermont Emergency Management Agency, VT.......................1,000,000
Crittenden County, KY...........................................750,000
Center for Domestic Preparedness
The bill provides $57,000,000 to continue activities for
the Center for Domestic Preparedness and $5,500,000 to
continue activities for the Noble Training Center.
National Domestic Preparedness Consortium
The bill provides $102,000,000 for the National Domestic
Preparedness Consortium. Of the total amount available,
$23,000,000 is for the National Energetic Materials Research
and Testing Center, New Mexico Institute of Mining and
Technology; $23,000,000 is for the National Center for
Biomedical Research and Training, Louisiana State University;
$23,000,000 is for the National Emergency Response and Rescue
Training Center, Texas A&M University; $23,000,000 is for the
National Exercise, Test, and Training Center, Nevada Test
Site; $5,000,000 is for the Transportation Technology Center,
Incorporated, in Pueblo, Colorado; and $5,000,000 is for the
National Disaster Preparedness Training Center, University of
Hawaii, Honolulu, Hawaii.
Counterterrorism and Cyber Crime Center
The bill provides $1,700,000 for the Counterterrorism and
Cyber Crime Center, as directed in the Senate report.
Continuing Training Grants
The bill provides $31,000,000 for continuing training
grants and supports programs which consistently deliver
homeland security curricula in the form of executive
education programs and accredited Masters Degree education.
Full funding is recommended for the graduate-level homeland
security education programs the Department currently
supports, and the Department is encouraged to leverage these
existing programs to meet the growing need for graduate-level
education.
National Exercise Program
The bill provides $40,000,000 for the national exercise
program. The Department is directed to report to the
Committees as discussed in the House report.
Technical Assistance
The bill provides $11,000,000 for technical assistance,
which provides direct assistance to State, regional, local,
and tribal jurisdictions to enhance their capabilities to
prevent, protect against, respond to, and recover from major
events, and to improve homeland security program management.
Evaluations and Assessments
The bill provides $16,000,000 for Evaluations and
Assessments.
Rural Domestic Preparedness Consortium
The Rural Domestic Preparedness Consortium (RDPC) continues
to make progress in meeting its mission to provide training
and technical assistance to rural jurisdictions. In recent
testimony, FEMA's Deputy Administrator for National
Preparedness, stated, ``A unique aspect of the RDPC is that
it addresses preparedness activities for a broad scope of
stakeholders within rural jurisdictions''. The Committees
recognize the consortium has sufficient funds for continued
operations in fiscal year 2009.
FIREFIGHTER ASSISTANCE GRANTS
The bill provides $775,000,000 for firefighter assistance,
including $565,000,000 for firefighter assistance grants, and
$210,000,000 for firefighter staffing grants, to remain
available until September 30, 2010.
FEMA is directed to continue the present practice of
funding applications according to local priorities and those
established by the United States Fire Administration, and to
make $3,000,000 available for implementation of section
205(c) of Public Law 108-169. FEMA is further directed to
encourage applications from multiple fire departments and not
restrict the lead applicant from submitting a separate
application, as discussed in the House report.
The bill includes a provision allowing up to five percent
of grant funds to be used for program administration, and
requiring an expenditure plan to be submitted within 60 days
after the date of enactment of this Act that details the use
of funds.
EMERGENCY MANAGEMENT PERFORMANCE GRANTS
The bill provides $315,000,000 for Emergency Management
Performance Grants.
RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM
The bill provides for the receipt and expenditure of fees
collected, as authorized by Public Law 105-276.
UNITED STATES FIRE ADMINISTRATION
The bill provides $44,979,000 for the United States Fire
Administration (USFA). Of the amount provided, $500,000 is to
address deferred maintenance needs on the USFA campus. FEMA
is directed to submit a facilities master plan, as detailed
in the Senate report. Of the amount provided, $1,179,000 is
provided for the implementation of the National Fire Incident
Report System.
DISASTER RELIEF
(Including Transfer of Funds)
The bill provides $1,400,000,000 for Disaster Relief, and
allows the transfer of $105,600,000
[[Page 21554]]
to FEMA's ``Management and Administration'' account for
disaster support costs, including FEMA's effort to convert
temporary disaster employees to permanent status. In
addition, the bill allows the transfer of $16,000,000 to OIG
for audits and investigations of disasters.
The bill continues the requirement for a monthly report and
adds a requirement that the report include the amount
provided to each Federal agency for mission assignments. The
bill does not specify an amount for disaster readiness and
support costs, although it is an allowable expense, but does
require FEMA to submit an expenditure plan to the Committees
detailing the use of funds for disaster readiness and support
costs within 60 days after the date of enactment of this Act.
FEMA shall provide a quarterly report detailing obligations
against the expenditure plan and a justification for any
changes in spending.
FEMA is directed to maintain the Florida long-term recovery
office as long as there is sufficient work to be done
following the 2004 and 2005 hurricanes that struck the State.
FEMA shall notify the Committees, as detailed in the House
and Senate reports.
DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT
The bill provides $295,000 for the cost of loans.
Administrative costs are provided for in the FEMA
``Management and Administration'' account.
FLOOD MAP MODERNIZATION FUND
The bill provides $220,000,000 for the Flood Map
Modernization Fund. FEMA is expected to focus on updating,
reviewing, and maintaining maps that have already been
modernized to ensure that flood maps remain current to
accurately reflect flood hazards. The goal shall be to review
and, as necessary, update maps that are three years past
their modernized dates, and to complete necessary updates no
later than five years past their modernized dates to ensure
maps are accurately maintained. To support this goal and to
leverage the use of Federal resources for this activity, FEMA
is directed that no less than 20 percent of the funds
provided under this heading be made available for map
maintenance conducted by Cooperating Technical Partners that
provide a 25 percent cash match and have a strong record of
working effectively with FEMA on floodplain mapping
activities. Concurrent with the fiscal year 2010 budget
submission, FEMA shall submit to the Committees on
Appropriations a five-year National Flood Map Maintenance
Plan for fiscal years 2010-2014.
FEMA is encouraged to prioritize as criteria the number of
stream and coastal miles within the state, the Mississippi
River Delta region, and the participation of the state in
leveraging non-federal contributions.
NATIONAL FLOOD INSURANCE FUND
The bill provides up to $49,418,000 for salaries and
expenses to administer the National Flood Insurance Fund; up
to $80,000,000 for the severe repetitive loss property
mitigation program under section 1361A of the National Flood
Insurance Act; $10,000,000 for the repetitive insurance
claims properties under section 1323 of the National Flood
Insurance Act; and $35,700,000 for Flood Mitigation
Assistance under section 1366 of the National Flood Insurance
Act. No less than $107,181,000 is available for flood plain
management and flood mapping. Funds are available until
September 30, 2010, and funding is offset by premium
collections.
NATIONAL PREDISASTER MITIGATION FUND
The bill provides $90,000,000 for the National Predisaster
Mitigation Fund. The following predisaster mitigation
projects are provided in the following amounts:
City of Rainbow City, AL.....................................$1,000,000
Municipality of Murrysville, PA.................................100,000
Bibb County, Emergency Management Agency, AL....................750,000
City of Wynne, AR................................................50,000
City of San Diego, CA.........................................1,000,000
Pinellas County, FL...........................................1,000,000
Brigham City (Corporation), UT..................................650,000
City of Coolidge, GA.............................................80,000
Drywood Township, Garland, KS....................................35,000
City of Merced, CA..............................................500,000
City of Newark, DE..............................................300,000
Adjutant General's Office of Emergency Preparedness, SC.......1,000,000
Alabama Department of Homeland Security, for Jackson County, AL..90,000
Harris County Flood Control District, TX......................1,000,000
Tarrant County, TX............................................1,000,000
City of Chula Vista, CA.........................................400,000
North West, MO Regional Council of Governments..................300,000
Florida Atlantic University, Boca Raton, FL.....................300,000
City of Kannapolis, NC..........................................468,000
Town of Conklin, NY.............................................330,000
County of Hawaii, Civil Defense Agency, HI......................400,000
City of Berlin, Public Health Department, NH....................100,000
City of Trenton, NJ.............................................500,000
Santa Clara Water Valley District, San Jose, CA.................790,000
City of Houston, TX.............................................200,000
West Jefferson Medical Center, Marrero, LA......................400,000
Erie County, Sandusky, OH.......................................399,000
Wayne County, Detroit, MI.......................................300,000
New York State Emergency Management Office, NY................1,000,000
City of Berkeley, CA............................................750,000
City of Taylorsville, KY........................................750,000
Westchester and Rockland Counties, NY...........................500,000
Town of Lake Placid, FL.........................................500,000
Tifton-Tift County Emergency Management Agency (EMA), GA.........40,000
Town of Pembroke Park, FL.......................................400,000
City of Miami, FL.............................................1,000,000
City of Mission Viejo, CA.......................................850,000
Yardley Borough, PA.............................................500,000
Clark County Emergency Management, WI...........................300,000
County of Essex, NJ.............................................500,000
Val Verde County, Del Rio, TX...................................500,000
County of Los Angeles, CA.......................................600,000
City of Los Angeles, CA.........................................500,000
City of New Braunfels, TX.......................................360,000
Brown Township Board of Trustees, Malvern, OH...................247,728
City of Barberton, OH...........................................200,000
Mississippi Homeland Security Office, MS........................500,000
Town of North Andover, MA.......................................100,000
Cities of Lake Station and Hobart, IN...........................500,000
City of Owatonna, MN............................................400,000
Putnam County, FL...............................................450,000
City of Lake City, TN...........................................418,000
EMERGENCY FOOD AND SHELTER
The bill provides $200,000,000 for Emergency Food and
Shelter.
CERRO GRANDE FIRE CLAIMS
(rescission of funds)
The bill rescinds $9,000,000, as requested.
TITLE IV--RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
The bill includes $101,740,000 for United States
Citizenship and Immigration Services (USCIS). The bill funds
REAL-ID hub development within Title V.
E-Verify
The bill provides the requested $100,000,000 for the E-
Verify program (previously called Employment Eligibility
Verification or Basic Pilot).
User Fee Funded Programs
Current estimates of fee collections, which constitute the
majority of USCIS resources, are $2,539,186,000. These
revenues support adjudication of applications for immigration
benefits and fraud prevention activities, and are derived
from fees collected from persons applying for immigration
benefits. Within the total fees collected, USCIS is directed
to provide no less than $53,747,000 to support Customer
Service Center operations, and to dedicate the entirety of
premium processing revenue to business system and information
technology transformation. USCIS is directed to provide up to
$28,000,000 for converting immigration records to digital
format as planned for fiscal year 2009. No more than $10,000
of the fees collected shall be used for official reception
and representation expenses.
FBI Name Check Backlog
USCIS and the FBI have made significant progress reducing
the backlog of immigration applications awaiting FBI
background checks. However, as discussed in the Senate
report, it is imperative that both agencies remain vigilant
to prevent the return of backlogs in the future. DHS is
directed to advise the Committees of any resource
requirements necessary to avoid the development of new
backlogs.
citizenship education grants
The bill includes $1,200,000 for competitively-awarded
grants to organizations promoting the rights and
responsibilities of citizenship, as discussed in the House
report.
Naturalization Ceremonies
USCIS is directed to identify, in the fiscal year 2010
budget submission, funds allocated to naturalization and oath
of allegiance ceremonies and to work with local public and
private groups to schedule naturalization and oath of
allegiance ceremonies as part of Independence Day
celebrations, as directed in the House report.
Federal Law Enforcement Training Center
SALARIES AND EXPENSES
The bill provides $246,530,000 for Federal Law Enforcement
Training Center (FLETC) Salaries and Expenses. Funding above
the President's request shall be allocated as follows:
$2,000,000 for leveraging Department of Defense modeling and
simulation technologies; $2,200,000 for instructors for
United States Capitol Police training needs; $5,640,000 for
basic training for additional hiring in CBP and ICE; and
$4,000,000 to implement the Rural Policing Institute as
authorized by the 9/11 Act. Additionally, the
[[Page 21555]]
Committees support the Federal Law Enforcement Training
Center naming the FLETC, Artesia campus.
Washington Office
The bill does not eliminate $730,000 in funding for the
Washington, DC office.
Accreditation
The bill requires the Federal Law Enforcement Training
Accreditation Board (FLETA) to develop standards that require
agencies seeking accreditation of their basic or entry level
law enforcement training programs to include comprehensive
training on ethics and integrity. The FLETA Board is directed
to submit a report to the Committees no later than December
1, 2008, on the implementation of this directive.
Rural Policing Institute
FLETC is directed to provide a business plan to the
Committees within 90 days after the date of enactment of this
Act as detailed in the Senate report.
ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES
The bill provides $86,456,000 for Acquisitions,
Construction, Improvements, and Related Expenses. Within this
total, $40,000,000 is provided to construct a replacement
dormitory on the FLETC Charleston campus and $3,000,000 is
provided to complete construction of training-related
facilities at Artesia, New Mexico.
Science and Technology
MANAGEMENT AND ADMINISTRATION
The bill provides $132,100,000 for Management and
Administration. This amount includes $10,000 for official
reception and representation. S&T shall notify the Committees
pursuant to section 503 of this Act if they assess any
program for administrative costs exceeding 5 percent of the
total program appropriation.
RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS
The bill provides $800,487,000 for Research, Development,
Acquisition, and Operations. The following table specifies
funding by budget activity:
Border and Maritime Security................................$33,050,000
Chemical and Biological.....................................200,408,000
Command, Control, and Interoperability.......................74,890,000
Explosives...................................................96,149,000
uman Factors.................................................12,460,000
Infrastructure and Geophysical...............................75,816,000
Innovation...................................................33,000,000
Laboratory Facilities.......................................161,940,000
Test and Evaluations/Standards...............................28,674,000
Transition...................................................28,830,000
University Programs..........................................50,270,000
Homeland Security Institute...................................5,000,000
________________
Total.................................................800,487,000
Border and Maritime Security
The bill provides $33,050,000 for Border and Maritime
Security, including $2,750,000 for maritime activities. S&T
shall brief the Committees on how these funds will be
allocated.
Command, Control, and Interoperability
The bill provides $74,890,000 for Command, Control, and
Interoperability. Within this total, not less than $3,000,000
is to continue the Distributed Environment for Critical
Infrastructure Decisionmaking Exercises and $9,500,000 is for
cyber security activities above those included in the budget
request. S&T shall brief the Committees on how it will
allocate the additional cyber security funds.
Infrastructure and Geophysical
The bill provides $75,816,000 for Infrastructure and
Geophysical. Within the funding provided, $27,000,000 is to
continue the Southeast Region Research Initiative and
$11,000,000 is for the National Institute for Hometown
Security to support community-based critical infrastructure
protection solutions.
Innovation
The bill provides $33,000,000 for Innovation. Funding has
been reduced from the budget request for two reasons. First,
the OIG has raised concerns about how projects were selected
and managed under this program. Second, it has taken S&T nine
months to inform the Committees on how it will spend the
funding provided in fiscal year 2008. Consistent with last
year, S&T is directed to provide an expenditure plan to the
Committees for the fiscal year 2009 appropriation on a
project-by-project basis.
New Technologies
New technologies may significantly help the Department as
it seeks to secure our homeland. The Department is encouraged
to develop a variety of technologies as discussed in both the
House and Senate reports.
Laboratory Facilities
The bill provides $161,940,000 for Laboratory Facilities.
Within the total, $25,000,000 is provided for construction
obligations at the Physical Science Facility and
refurbishment of building 325 at Pacific Northwest National
Laboratory in support of the memorandum of understanding
between DHS, the Department of Energy and the National
Nuclear Security Administration.
The bill includes a provision requiring a GAO review of the
Department's National Bio and Agro-defense Facility risk
assessment prior to the obligation of construction funding.
Test and Evaluations/Standards
The bill provides $28,674,000 for Test and Evaluations/
Standards. Within the funds provided, $5,000,000 shall be to
develop an operational test and evaluation program for first
responder technologies so that there is a unified effort to
objectively evaluate products against minimum requirements as
discussed in the House report.
Transition
The bill provides $28,830,000 for Transition. Within the
funds provided, $2,000,000 shall be used to establish a pilot
program to identify, research, develop, and transition
advanced technologies and manufacturing processes in the
homeland security industrial base. Funding for the Homeland
Security Institute is not included in this appropriation as
the Committees prefer this activity to remain a separate PPA
for budgetary transparency.
Technologies to Secure the Homeland and Advance Responder Effectiveness
(Tech SHARE)
The bill fully funds the budget request of $9,500,000 for
the Tech SHARE program. This program provides funds to ensure
continuous operation of the centralized technology
clearinghouse for the dissemination of homeland security
science and technology to Federal, State, local and tribal
agencies, a critical component of implementing Section 313 of
the Homeland Security Act.
University Programs
The bill provides $50,270,000 for University Programs.
Within this funding, $36,720,000 is for the Centers of
Excellence and $2,000,000 is to support the ongoing
Memorandum of Agreement with the Naval Postgraduate School.
S&T is directed to report to the Committees on how these
additional funds will be allocated to the Centers of
Excellence by December 15, 2008. As part of this report, S&T
should discuss the process used for identifying specific
areas of focus for the Centers of Excellence as well as
provide a state-by-state breakdown of institutions
participating in each of the centers.
Unobligated Balances
For the past few years, S&T has had high unexpended
obligations in its Research, Development, Acquisition, and
Operations account. S&T has made efforts to reduce these
balances and has initiated a quarterly review to identify
unused funds for work that has not yet been completed. S&T is
directed to brief the Committees on the results of its
quarterly validation and verification reviews and the amounts
available to deobligate, and to identify how S&T plans to use
these funds. The first quarterly brief should occur after the
close of the first quarter of fiscal year 2009 and should
include appropriate documentation on the unobligated
balances. In addition, S&T should submit, as part of its
fiscal year 2010 budget justification, a report on its
unexpended obligated balances and justify instances where
high balances occur.
Domestic Nuclear Detection Office
management and administration
The bill provides $37,500,000 for Management and
Administration. No funding has been appropriated for new
positions as nearly 20 percent of previously approved
positions remain vacant. These vacancies include positions of
critical importance, such as the budget officer and technical
specialists.
research, development, and operations
The bill provides $323,200,000 for Research, Development,
and Operations. The following table specifies funding by
budget activity:
Systems Engineering and Architecture........................$25,147,000
Systems Development.........................................108,100,000
Transformational Research and Development...................103,300,000
Assessments..................................................32,000,000
Operations Support...........................................37,753,000
National Technical Nuclear Forensics Center..................16,900,000
________________
Total.................................................323,200,000
Transformational Research and Development
The bill provides $103,300,000 for Transformational
Research and Development. This funding level supports
critical ongoing initiatives such as standoff detection and
intelligent personal radiation locators but reduces funding
for new initiatives. The Domestic Nuclear Detection Office
(DNDO) should undertake aggressive efforts within
transformational research and development to fund and analyze
technologies that can detect shielded highly-enriched
uranium.
National Technical Nuclear Forensics Center
The bill provides $16,900,000 for the National Technical
Nuclear Forensics Center. Within this total, $1,000,000 has
been provided for the new fellowship program. This program is
funded at an introductory scale and should grow based on
performance and participation. As discussed in the Senate
report, DNDO shall submit a report on the National Technical
Nuclear Forensics Center, its quality assurance program, the
results of
[[Page 21556]]
the National Academy of Sciences study, and steps the Center
is taking to implement these recommendations.
Securing the Cities
The bill provides $30,000,000 for the Securing the Cities
pilot, including $10,000,000 in Research, Development and
Operations and $20,000,000 in Systems Acquisition.
On-Dock Rail Applications
The bill includes $15,000,000 as requested to develop on-
dock rail applications. DNDO, in conjunction with CBP, is
encouraged to continue the development, engineering, and
testing for both straddle carriers and crane-mounted sensors
and portals that can be used in rail and ship yards.
Quarterly Briefings on New Technologies Pilots and Assessments
DNDO shall prioritize its development and deployment of
detection equipment based on risk, and as appropriate focus
on other cargo and passenger pathways into the country, such
as bulk rail, general aviation, small pleasure craft, or
other routes it deems the highest risk. As previously
required, DNDO shall continue to provide quarterly briefings
on new technologies pilots and assessments it is conducting
to reduce vulnerabilities at airports, from general aviation
aircraft, in the maritime environment, in rail yards, and at
non-ports of entry land border crossings.
Cargo Advanced Automated Radiography System
DNDO shall submit a report on the cargo advanced automated
radiography system that discusses the Office's progress in
developing this system and an explanation of the process used
to solicit requests from all eligible applicants, including
minority, women, and veteran-owned businesses, as discussed
in the House report.
Nuclear Threat and Resource Allocation
Funds are provided within FEMA to study the effects of a
potential nuclear attack and begin planning ways to mitigate
its effects. Funds are not provided for an independent study
for mitigation measures.
SYSTEMS ACQUISITION
The bill provides $153,491,000 for Systems Acquisition. The
following table specifies funding by budget activity:
Radiation Portal Monitor Program...........................$120,491,000
Securing the Cities..........................................20,000,000
Human Portable Radiation Detection Systems Program...........13,000,000
________________
Total.................................................153,491,000
Radiation Portal Monitor Program
The bill provides $120,491,000 for the Radiation Portal
Monitor Program. Within this appropriation, full funding has
been provided for DNDO's effort to procure and deploy
additional polyvinyl toluene (PVT) based fixed radiation
portal monitors to seaports and land borders and to deploy
PVT units in the air cargo environment. A reduction has been
made to the advanced spectroscopic portal (ASP) monitor
program due to further delays in the development of these
technologies. The bill includes a prohibition on full scale
procurement of ASP monitors until the Secretary has certified
and reported to the Committees that a significant increase in
operational effectiveness merits such a decision. If the
Secretary is unable to certify that ASP monitors are more
effective than the current PVT monitors, then DNDO should use
its fiscal year 2009 funding to acquire traditional PVT
radiation portal monitors. The bill also requires separate
and distinct certifications for primary and secondary
deployments in recognition of the inherently unique
operational requirements each presents. The bill prohibits
high-risk concurrent development and production of mutually
dependent software and hardware components of detection
systems. This restriction is included to address the
acquisition and fiscal risks associated with such concurrency
and in response to the testing difficulties DNDO has
encountered over the last fiscal year. Finally, the Secretary
shall consult with the National Academy of Sciences before
making such certification decisions.
TITLE V--GENERAL PROVISIONS
(Including Rescissions of Funds)
Section 501. The bill continues a provision that no part of
any appropriation shall remain available for obligation
beyond the current year unless expressly provided.
Section 502. The bill continues a provision that unexpended
balances of prior appropriations may be merged with new
appropriations accounts and used for the same purpose,
subject to reprogramming guidelines.
Section 503. The bill continues and modifies a provision
that provides authority to reprogram appropriations within an
account and to transfer up to 5 percent between
appropriations accounts with 15-day advance notification of
the Committees. A detailed funding table identifying
programs, projects, and activities is included at the end of
this statement. This table along with funding levels
specified in the report required under subsection (e) shall
serve as the control level for all reprogrammings. These
reprogramming guidelines shall be complied with by all
agencies funded by the Department of Homeland Security
Appropriations Act, 2009.
The Department shall submit reprogramming requests on a
timely basis and provide complete explanations of the
reallocations proposed, including detailed justifications of
the increases and offsets, and any specific impact the
proposed changes will have on the budget request for the
following fiscal year and future-year appropriations
requirements. Each request submitted to the Committees should
include a detailed table showing the proposed revisions at
the account, program, project, and activity level to the
funding and staffing (full-time equivalents and positions)
levels for the current fiscal year and to the levels
requested in the President's budget for the following fiscal
year.
The Department shall manage its programs and activities
within the levels appropriated. The Committees are concerned
with the number of reprogramming proposals submitted for
consideration by the Department and remind the Department
that reprogramming or transfer requests should be submitted
only in the case of an unforeseeable emergency or situation
that could not have been predicted when formulating the
budget request for the current fiscal year. When the
Department submits a reprogramming or transfer request to the
Committees and does not receive identical responses from the
House and Senate, it is the responsibility of the Department
to reconcile the House and Senate differences before
proceeding, and if reconciliation is not possible, to
consider the reprogramming or transfer request disapproved.
The Department is not to submit a reprogramming or transfer
of funds after June 30 except in extraordinary circumstances,
which imminently threaten the safety of human life or the
protection of property. If a reprogramming or transfer is
needed after June 30, the notice should contain sufficient
documentation as to why it meets this statutory exception.
Reprogramming proposals submitted by June 30 can be approved
after that date.
Section 504. The bill continues and modifies a provision
extending the authorization of the Department's Working
Capital Fund in fiscal year 2009. No funds appropriated or
otherwise available to the Department may be used to make
payment to the Department's WCF, except for activities and
amounts allowed in the President's fiscal year 2009 budget.
Funds provided to the WCF are available until expended. The
Department can only charge components for direct usage of the
WCF and these funds may be used only for the purposes
consistent with the contributing component. Any funds paid in
advance or reimbursed must reflect the full cost of each
service. The WCF shall be subject to the requirements of
section 503 of this Act.
Section 505. The bill continues a provision that not to
exceed 50 percent of unobligated balances remaining at the
end of fiscal year 2009 from appropriations made for salaries
and expenses shall remain available through fiscal year 2010
subject to reprogramming guidelines.
Section 506. The bill continues a provision deeming that
funds for intelligence activities are specifically authorized
during fiscal year 2009 until the enactment of an Act
authorizing intelligence activities for fiscal year 2009.
Section 507. The bill continues and modifies a provision
requiring notification of the Committees three business days
before any grant allocation, discretionary grant award,
discretionary contract award, including Federal Acquisition
Regulation-covered contracts, letter of intent, or public
announcement of the intention to make such an award totaling
in excess of $1,000,000. If the Secretary determines that
compliance would pose substantial risk to health, human life,
or safety, an award may be made without prior notification
but the Committees shall be notified within five business
days. Additionally, FEMA is required to brief the Committees
five full business days prior to announcing publicly the
intention to make an award under the State Homeland Security
Grant Program, Urban Area Security Initiative, and Regional
Catastrophic Preparedness Grant Program.
Section 508. The bill continues a provision that no agency
shall purchase, construct, or lease additional facilities for
Federal law enforcement training without advance approval of
the Committees.
Section 509. The bill continues a provision that none of
the funds may be used for any construction, repair,
alteration, or acquisition project for which a prospectus,
otherwise required under chapter 33 of Title 40, United
States Code, has not been approved. The bill excludes funds
that may be required for development of a proposed
prospectus.
Section 510. The bill includes a provision that
consolidates and continues by reference prior year statutory
bill language into one provision. These provisions relate to
reporting requirements of the privacy officer; contracting
officer's technical representative training; sensitive
security information; federal building performance and
requirements outlined in title V of the National Energy
Conservation Policy Act or subtitle A of title I of the
Energy Policy Act of 2005; use of funds in conformance with
section 303 of the Energy Policy Act of 1992; and Executive
Order 13149 relating to fleet and transportation efficiency.
[[Page 21557]]
Section 511. The bill continues a provision that none of
the funds may be used in contravention of the Buy American
Act.
Section 512. The bill continues a provision to prohibit the
obligation of funds for the Secure Flight program, except on
a test basis, until the requirements of section 522 of Public
Law 108-334 have been met and certified by the Secretary of
DHS and reviewed by the GAO. GAO shall continue to evaluate
DHS and TSA actions to meet the ten conditions listed in
section 522(a) of Public Law 108-334 and to report to the
Committees, either incrementally as the Department meets
additional conditions, or when all conditions have been met
by the Department. The bill also prohibits the obligation of
funds to develop or test algorithms assigning risk to
passengers not on government watch lists and for a commercial
database that is obtained from or remains under the control
of a non-federal entity, excluding Passenger Name Record data
obtained from air carriers. Within 90 days after the date of
enactment of this Act, TSA shall submit a detailed plan on
achieving key milestones and methodology used for
certification.
Section 513. The bill continues a provision prohibiting
funds to be used to amend the oath of allegiance required by
section 337 of the Immigration and Nationality Act (8 U.S.C.
1448).
Section 514. The bill continues a provision regarding
competitive sourcing.
Section 515. The bill continues a provision directing TSA
to research, develop, and procure new technologies to inspect
and screen air cargo. In the interim, TSA shall utilize
existing checked baggage explosive detection equipment and
screeners to screen cargo on passenger aircraft when
practicable. TSA shall work with air carriers and airports to
ensure the screening of cargo carried on passenger aircraft,
as required by the 9/11 Act, increases incrementally each
quarter. TSA shall take all possible measures to ensure air
carriers are submitting data consistent with current security
directives, including enforcement actions for non-compliance.
TSA is required to report air cargo inspection statistics
detailing how incremental progress is being made to the
Committees within 45 days of the end of each quarter of the
fiscal year.
Section 516. The bill continues a provision directing that
any funds appropriated or transferred to TSA ``Aviation
Security'', ``Administration'', and ``Transportation Security
Support'' in fiscal years 2004, 2005, 2006, and 2007 that are
recovered or deobligated shall be available only for
procurement and installation of explosives detection systems,
for air cargo, baggage, and checkpoint screening systems,
subject to notification. Quarterly reports must be submitted
identifying any funds that are recovered or deobligated.
Section 517. The bill continues a provision requiring any
funds appropriated to Coast Guard for 110-123 foot patrol
boat conversions that are recovered, collected, or otherwise
received as a result of negotiation, mediation, or
litigation, shall be available until expended for the
replacement patrol boat program.
Section 518. The bill continues and modifies a provision
that prohibits obligation of funds to commence operations at
the National Applications Office (NAO) other than those
previously carried out under the authorities of the Civil
Applications Committee until certain conditions are met. The
bill also requires the OIG to audit the operations of the NAO
and provide quarterly reports to the Committees, starting six
months after the date of enactment of this Act. In addition,
the bill includes a provision that prohibits obligation of
funds to commence operations of the National Immigration
Information Sharing Operation until certain conditions are
met.
Section 519. The bill continues a provision requiring the
Chief Financial Officer to submit monthly budget execution
and staffing reports within 45 days after the close of each
month.
Section 520. The bill continues a provision relating to
undercover investigative operations authority of the Secret
Service.
Section 521. The bill continues a provision classifying the
functions of instructor staff at FLETC as inherently
governmental for purposes of the Federal Activities Inventory
Reform Act of 1998.
Section 522. The bill includes a new provision pertaining
to the human resources management system.
Section 523. The bill continues a provision regarding the
enforcement of section 4025(1) of Public Law 108-458
pertaining to butane lighters.
Section 524. The bill continues and modifies a provision
prohibiting the Secretary of Homeland Secretary from reducing
operations within the Coast Guard's civil engineering program
except as specifically authorized in statute after the date
of enactment of this Act.
Section 525. The bill continues and modifies a provision
prohibiting the obligation of funds to the Office of the
Secretary and Executive Management, the Office of the Under
Secretary for Management, or the Office of the Chief
Financial Officer for grants or contracts awarded by any
means other than full and open competition. Certain
exceptions apply. The bill also requires the OIG to review
Departmental contracts awarded noncompetitively and report on
the results to the Committees.
Section 526. The bill continues a provision that prohibits
funding for any position designated as a Principal Federal
Official during Stafford Act declared disasters or
emergencies.
Section 527. The bill continues a provision prohibiting
funding to grant an immigration benefit to any individual
unless the results of background checks required in statute
to be completed prior to the grant of the benefit have been
received by DHS.
Section 528. The bill continues a provision prohibiting use
of funds to destroy or put out to pasture any horse or other
equine belonging to the Federal government unless adoption
has been offered first.
Section 529. The bill continues a provision that precludes
DHS from using funds in this Act to carry out reorganization
authority.
Section 530. The bill continues a provision regarding the
use of the National Center for Critical Information
Processing and Storage data center.
Senate 531. The bill continues a provision prohibiting
funds from being used to reduce the Coast Guard's Operations
Systems Center mission or its government-employed or contract
staff.
Section 532. The bill continues a provision prohibiting
funds to be used to conduct or implement the results of a
competition under Office of Management and Budget Circular A-
76 with respect to the Coast Guard National Vessel
Documentation Center.
Section 533. The bill continues a provision that requires
the Secretary to link all contracts that provide award fees
to successful acquisition outcomes.
Section 534. The bill continues a provision prohibiting the
obligation of funds for the Office of Secretary and Executive
Management for any new hires at DHS if they are not verified
through the E-Verify system.
Section 535. The bill continues a provision related to
prescription drugs.
Section 536. The bill continues a provision prohibiting
funds available in this Act from being used to implement a
rule or regulation which implements the notice of proposed
rulemaking related to Petitions for Aliens to Perform
Temporary Nonagricultural Services or Labor (H-2B) set out
beginning on 70 Federal Register 3984 (January 27, 2005).
Section 537. The bill continues and modifies a provision
relating to other transactional authority of DHS through
fiscal year 2009. Language requires the Secretary to issue
policy guidance detailing the appropriate use of other
transactional authority and provide training to each employee
that has authority to handle procurements under this
authority. The Secretary shall report on projects that this
authority was used for.
Section 538. The bill continues a provision prohibiting
funds for planning, testing, piloting or developing a
national identification card.
Section 539. The bill continues a provision that requires a
report summarizing damage assessment information used to
determine whether to declare a major disaster.
Section 540. The bill includes a new provision relating to
the liquidation of Plum Island assets if the site is not
chosen for the new National Bio and Agro-defense Facility and
how the proceeds from this sale may be applied.
Section 541. The bill includes a new provision directing
that any official required by this Act to report or certify
to the Committees on Appropriations may not delegate such
authority unless expressly authorized to do so in this Act.
Section 542. The bill includes a new provision requiring
the Secretary of Homeland Security, in conjunction with the
Secretary of Treasury, to notify the Committees of proposed
transfers of surplus balances from the Department of Treasury
Forfeiture Fund to any agency within the Department of
Homeland Security. No transfers may be obligated until the
Committees approve the proposed transfers and their use.
Section 543. The bill includes a new provision pertaining
to alien flight school training.
Section 544. The bill includes a new provision on unmanned
aerial systems.
Section 545. The bill includes a new provision requiring
the Assistant Secretary of Homeland Security (TSA) to certify
that no security risks will result if any airport does not
participate in the basic pilot program.
Section 546. The bill includes a new provision related to
disaster assistance payments for police stations, fire
stations, or criminal justice facilities that were damaged by
Hurricanes Katrina or Rita.
Section 547. The bill includes a new provision providing
$50,000,000 for REAL ID grants and $50,000,000 for a REAL ID
information sharing and verification system.
Section 548. The bill includes a new provision regarding
debris removal in Mississippi as a result of Hurricane
Katrina.
Section 549. The bill rescinds $31,000,000 from unobligated
balances of prior year appropriations made available to TSA.
Language is included that specifies programs from which funds
cannot be rescinded. TSA shall notify the Committees on the
distribution of the rescission prior to its implementation.
[[Page 21558]]
Section 550. The bill rescinds $21,373,000 from unobligated
balances of prior year appropriations made available for
Analysis and Operations. The Secretary shall notify the
Committees on the distribution of the rescission 30 days
after the date of enactment of this Act.
Section 551. The bill rescinds $20,000,000 from unobligated
balances of prior year appropriations made available for the
Coast Guard ``Acquisition, Construction, and Improvements''.
The Coast Guard shall notify the Committees on the
distribution of the rescission prior to its implementation.
Section 552. The bill includes a new provision on
predisaster mitigation.
Section 553. The bill includes new language extending the
authority of the Predisaster Mitigation Fund until September
30, 2009.
Disclosure of Earmarks and Congressionally Directed Spending Items
Following is a list of congressional earmarks and
congressionally directed spending items (as defined in clause
9 of rule XXI of the Rules of the House of Representatives
and rule XLIV of the Standing Rules of the Senate,
respectively) included in the bill or this explanatory
statement, along with the name of each Senator, House Member,
Delegate, or Resident Commissioner who submitted a request to
the Committee of jurisdiction for each item so identified.
Neither the bill nor the explanatory statement contains any
limited tax benefits or limited tariff benefits as defined in
the applicable House and Senate rules.
DEPARTMENT OF HOMELAND SECURITY
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Account Project Amount Requester(s)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CIO National Center for Critical Information Processing and $22,300,000 Thad Cochran
Storage, MS
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CBP Salaries and Expenses Containerized Cargo Inspection Demonstration Project 2,000,000 Henry Brown, Lindsey Graham
(Project SeaHawk), Port of Charleston, SC
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CBP Salaries and Expenses 2010 Olympics Coordination Center, WA 4,500,000 Patty Murray, Rick Larsen
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CBP Air and Marine Interdiction, Operations, Maintenance, Wireless Airport Surveillance Platform, NC 5,000,000 Bob Etheridge
and Procurement
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CBP Construction Advanced Training Center, WV 39,700,000 Robert Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CBP Construction Del Rio: Comstock, TX Station 25,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CBP Construction Detroit: Sandusky, OH Station 4,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CBP Construction Calexico, CA Station 34,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CBP Construction Indio, CA Station 18,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CBP Construction Sector HQ Vehicle Maintenance Facility, CA 18,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CBP Construction EL Paso: Expanded Checkpoints, TX 1,513,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CBP Construction Marfa: Presidio, TX Station 3,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CBP Construction Blythe, CA Station 28,900,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CBP Construction Boulevard, CA Station 31,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CBP Construction Casa Grande, AZ Station 17,873,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CBP Construction Naco, AZ Station 47,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CBP Construction Sonoita, AZ Station 27,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CBP Construction Yuma, AZ Hangar, Maintenance & Admin 4,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CBP Construction El Centro, CA Hangar, Maintenance & Admin 2,100,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CBP Construction El Paso, TX Consolidation of facilities 1,500,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CBP Construction Laredo, TX Hangar, Maintenance & Admin 4,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CBP Construction Marfa, TX Hangar, Maintenance & Admin 3,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CBP Construction Uvalde, TX Hangar, Maintenance & Admin 2,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Coast Guard Operating Expenses Operations Systems Center, WV 3,600,000 Robert Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Coast Guard Acquisition, Construction and Improvements Sector Buffalo, NY 3,000,000 Brian Higgins
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Coast Guard Acquisition, Construction and Improvements Rescue Swimmer Training Facility, NC 15,000,000 G.K. Butterfield
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Coast Guard Acquisition, Construction and Improvements CG Air Station Cape Cod, MA 5,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Coast Guard Acquisition, Construction and Improvements Sector Delaware Bay, NJ 13,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Coast Guard Acquisition, Construction and Improvements Coast Guard Housing-Cordova, AK 11,600,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Coast Guard Acquisition, Construction and Improvements Coast Guard Academy-Chase Hall, CT 10,300,000 The President, Chris Dodd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Coast Guard Acquisition, Construction and Improvements Station Montauk, NY 1,550,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Coast Guard Alteration of Bridges Fourteen Mile Bridge, Mobile, AL 4,000,000 Robert Aderholt, Jo Bonner, Richard Shelby
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Coast Guard Alteration of Bridges Galveston Causeway Bridge, Galveston, TX 4,000,000 John Culberson, Gene Green, Kay Bailey Hutchison, Ron
Paul, Ted Poe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Coast Guard Alteration of Bridges Elgin, Joliet, and Eastern Railway Company Bridge, 2,000,000 Richard Durbin, Jerry Weller
Morris, IL
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Coast Guard Alteration of Bridges Burlington Northern Railroad Bridge, Burlington IA 2,000,000 Tom Harkin, David Loebsack
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Coast Guard Alteration of Bridges Chelsea Street Bridge, Chelsea, MA 2,000,000 Edward Kennedy, John Kerry
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Coast Guard Alteration of Bridges Canadian Pacific Railway Bridge, La Crosse, WI 2,000,000 Herb Kohl
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Secret Service Acquisition, Construction, Improvements, Perimeter security and noise abatement study at the 250,000 Steny Hoyer
and Related Expenses Rowley training center, MD
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
NPPD Infrastructure Protection and Information Security Philadelphia Infrastructure monitoring, PA 2,000,000 Chaka Fattah
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
NPPD Infrastructure Protection and Information Security Critical Underground Infrastructure in major urban areas 3,000,000 Peter King, Carolyn McCarthy, James Walsh, Charles
Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
NPPD Infrastructure Protection and Information Security Office of Bombing Prevention, IED-Geospatial Analysis 1,000,000 John Murtha
Tool Plus, PA
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
NPPD Infrastructure Protection and Information Security State and Local Cybersecurity Training, University of 3,500,000 Ciro Rodriguez
Texas, San Antonio, TX
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
NPPD Infrastructure Protection and Information Security Power and Cyber Systems Protection, Analysis, and Testing 4,000,000 Mike Simpson, Larry Craig
Program at Idaho National Laboratory, ID
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21559]]
NPPD Infrastructure Protection and Information Security National Infrastructure Simulation and Analysis Center, 20,000,000 The President, Pete Domenici
NM
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Management and Administration Impacts of Climate on Future Disasters, State of North 5,000,000 David Price
Carolina
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Management and Administration Flood Control and Hazard Mitigation Demonstration 2,425,000 Harold Rogers
Program, Commonwealth of Kentucky
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Management and Administration Pacific Region Homeland Security Center, HI 2,200,000 Daniel Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs National Domestic Preparedness Consortium The President, Rodney Alexander, Wayne Allard, John
Carter, John
National Energetic Materials Research and Testing Center, 23,000,000 Cornyn, Pete Domenici, Chet Edwards, Charles Gonzalez,
New Mexico Institute of Mining and Technology, NM Kay
Bailey Hutchison, Daniel Inouye, Mary Landrieu, Harry
Reid, Ken
National Center for Biomedical Research and Training, 23,000,000 Salazar, John Salazar, David Vitter
Louisiana State University, LA
National Emergency Response and Rescue Training Center, 23,000,000
Texas A&M University, TX
National Exercise, Test, and Training Center, Nevada Test 23,000,000
Site, NV
Transportation Technology Center, Incorporated, CO 5,000,000
National Disaster Preparedness Training Center, 5,000,000
University of Hawaii, HI
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Center for Domestic Preparedness 62,500,000 The President, Richard Shelby, Robert Aderholt, Mike
Rogers
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Counterterrorism and Cyber Crime Center, VT 1,700,000 Patrick Leahy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, Tensas Parish Police Jury, 750,000 Rodney Alexander
LA
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, City of Rialto, CA 225,000 Joe Baca
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, Village of Poynette, WI 1,000,000 Tammy Baldwin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, Sebastian County, AR 750,000 John Boozman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, Lake County, FL 1,000,000 Corrine Brown
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, Sarasota County, FL 1,000,000 Vern Buchanan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, Northumberland County, 1,000,000 Christopher P. Carney
Department of Public Safety, PA
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, City of Detroit, MI 1,000,000 John Conyers, Carolyn Kilpatrick, Carl Levin, Debbie
Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, San Diego Unified School 400,000 Susan A. Davis
District, San Diego, CA
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, City of Half Moon Bay, CA 750,000 Anna G. Eshoo
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, Chesterfield County, VA 250,000 Randy Forbes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, Spencer County 1,000,000 Baron P. Hill
Commissioners, Rockport, IN
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, City of Gladstone, OR 60,000 Darlene Hooley
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, City of Coral Springs, FL 550,000 Ron Klein, Robert Wexler
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, Snohomish County, WA 1,000,000 Rick Larsen, Maria Cantwell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, County of Atlantic, NJ 750,000 Frank LoBiondo, Frank Lautenberg, Robert Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, City of Rio Vista, CA 150,000 Daniel Lungren
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, American Red Cross, 35,000 Doris Matsui
Sacramento Sierra Chapter, CA
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, Village of Bellerose, NY 200,000 Carolyn McCarthy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, Town of Pomona Park, FL 300,000 John Mica
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, San Francisco Police 1,000,000 Nancy Pelosi
Department, CA
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, North Carolina Department of 1,000,000 David Price
Crime Control and Public Safety, NC
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, City of Del Rio, TX 500,000 Ciro Rodriguez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, City of Bell Gardens, CA 175,000 Lucille Roybal-Allard
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, City of Cudahy, CA 50,000 Lucille Roybal-Allard
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, The County of Cook, IL 1,000,000 Bobby Rush
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, Douglas County, GA 500,000 David Scott
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, City of Richmond, Office of 750,000 Robert C. ``Bobby'' Scott
Emergency Management, VA
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, Hudson County, NJ 1,000,000 Albio Sires, Frank Lautenberg, Robert Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, Marion County, FL 750,000 Cliff Stearns
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, City of Miami Beach, FL 1,000,000 Debbie Wasserman Schultz, Ilena Ros-Lehtinen
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, Vermont Emergency Management 1,000,000 Peter Welch, Patrick Leahy
Agency, VT
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA State and Local Programs Emergency Operations Center, Crittenden County, KY 750,000 Ed Whitfield
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation City of Rainbow City, AL 1,000,000 Robert Aderholt
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation Municipality of Murrysville, PA 100,000 Jason Altmire
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation Bibb County, Emergency Management Agency, AL 750,000 Spencer Bachus
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation City of Wynne, AR 50,000 Marion Berry
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation City of San Diego, CA 1,000,000 Brian Bilbray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21560]]
FEMA Predisaster Mitigation Pinellas County, FL 1,000,000 Gus Bilirakis, C.W. ``Bill'' Young, Kathy Castor
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation Brigham City (Corporation), UT 650,000 Rob Bishop, Robert Bennett, Orrin Hatch
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation City of Coolidge, GA 80,000 Sanford Bishop
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation Drywood Township, Garland, KS 35,000 Nancy Boyda
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation City of Merced, CA 500,000 Dennis Cardoza
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation City of Newark, DE 300,000 Michael Castle, Joseph Biden
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation Adjutant General's Office of Emergency Preparedness, SC 1,000,000 James E. Clyburn
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation Alabama Department of Homeland Security, for Jackson 90,000 Robert Cramer
County, AL
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation Harris County Flood Control District, TX 1,000,000 John Culberson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation Tarrant County, TX 1,000,000 Kay Granger
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation City of Chula Vista, CA 400,000 Bob Filner
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation North West, MO Regional Council of Governments 300,000 Sam Graves
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation Florida Atlantic University, Boca Raton, FL 300,000 Alcee Hastings, Tim Mahoney, Debbie Wasserman Schultz
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation City of Kannapolis, NC 468,000 Robin Hayes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation Town of Conklin, NY 330,000 Maurice Hinchey
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation County of Hawaii, Civil Defense Agency, HI 400,000 Mazie Hirono
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation City of Berlin, Public Health Department, NH 100,000 Paul Hodes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation City of Trenton, NJ 500,000 Rush Holt, Christopher Smith, Frank Lautenberg, Robert
Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation Santa Clara Water Valley District, San Jose, CA 790,000 Michael Honda
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation City of Houston, TX 200,000 Sheila Jackson-Lee
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation West Jefferson Medical Center, Marrero, LA 400,000 William Jefferson, Mary Landrieu
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation Erie County, Sandusky, OH 399,000 Marcy Kaptur
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation Wayne County, Detroit, MI 300,000 Carolyn Kilpatrick, Carl Levin, Debbie Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation New York State Emergency Management Office, NY 1,000,000 Nita Lowey, Jose Serrano, Peter King
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation City of Berkeley, CA 750,000 Barbara Lee
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation City of Taylorsville, KY 750,000 Ron Lewis
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation Westchester and Rockland Counties, NY 500,000 Nita Lowey
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation Town of Lake Placid, FL 500,000 Tim Mahoney
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation Tifton-Tift County Emergency Management Agency (EMA), GA 40,000 Jim Marshall
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation Town of Pembroke Park, FL 400,000 Kendrick Meek
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation City of Miami, FL 1,000,000 Kendrick Meek, Ilena Ros-Lehtinen
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation City of Mission Viejo, CA 850,000 Gary Miller
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation Yardley Borough, PA 500,000 Patrick Murphy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation Clark County Emergency Management, WI 300,000 David Obey
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation County of Essex, NJ 500,000 Donald Payne
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation Val Verde County, Del Rio, TX 500,000 Ciro Rodriguez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation County of Los Angeles, CA 600,000 Lucille Roybal-Allard
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation City of Los Angeles, CA 500,000 Adam Schiff
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation City of New Braunfels, TX 360,000 Lamar Smith
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation Brown Township Board of Trustees, Malvern, OH 247,728 Zachary Space
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation City of Barberton, OH 200,000 Betty Sutton
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation Mississippi Homeland Security Office, MS 500,000 Bennie Thompson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation Town of North Andover, MA 100,000 John Tierney
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation Cities of Lake Station and Hobart, IN 500,000 Peter Visclosky
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation City of Owatonna, MN 400,000 Timothy Walz
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation Putnam County, FL 450,000 John Mica
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FEMA Predisaster Mitigation City of Lake City, TN 418,000 Zack Wamp
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FLETC Acquisition, Construction, Improvements, and Related Artesia Construction, NM 3,000,000 Pete Domenici
Expenses
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FLETC Acquisition, Construction, Improvements, and Related Practical Application/Counterterrorism Operations 9,195,000 The President
Expenses Training Facility, GA
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
S&T Research, Development, Acquisition, and Operations Southeast Region Research Initiative, TN 27,000,000 Lamar Alexander, Thad Cochran, Roger Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
S&T Research, Development, Acquisition, and Operations Distributed Environment for Critical Infrastructure 3,000,000 Robert Bennett, Patrick Leahy, Joe Lieberman, George
Decisionmaking Exercises, Multiple Locations Voinovich, Rob Bishop, Dean Heller
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
S&T Research, Development, Acquisition, and Operations Naval Postgraduate School, CA 2,000,000 Sam Farr
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
S&T Research, Development, Acquisition, and Operations Homeland Security Research, Development, & Manufacturing 2,000,000 Steve Israel, Peter King, Charles Schumer
Pilot, Bay Shore, NY
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21561]]
S&T Research, Development, Acquisition, and Operations National Institute for Hometown Security, Community-Based 11,000,000 Harold Rogers
Infrastructure Protection Solutions, KY
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
General Provision Mississippi Debris Removal Thad Cochran
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Funding Recommendations
The bill detailed funding recommendations for programs are
contained in the table listed below. (Insert Table)
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DIVISION E--MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED
AGENCIES APPROPRIATIONS ACT, 2009
Following is an explanation of the effect of this division,
which makes appropriations for military construction, the
Department of Veterans Affairs, and related agencies for the
fiscal year 2009. As provided in section 4 of the
consolidated bill, this explanatory statement shall have the
same effect with respect to the allocation of funds and
implementation of this division as if it were a joint
explanatory statement of a committee of conference.
Matters Addressed by Only One Committee.--The language and
allocations set forth in House Report 110-775 and Senate
Report 110-428 should be complied with unless specifically
addressed to the contrary in the bill and this explanatory
statement. Report language included by the House, which is
not changed by the report of the Senate or this explanatory
statement, and Senate report language, which is not changed
by this explanatory statement, is approved by the
Appropriations Committees of both Houses of Congress. This
explanatory statement, while repeating some report language
for emphasis, does not intend to negate the language referred
to above unless expressly provided herein. In cases where the
House or the Senate has directed the submission of a report,
such report is to be submitted to both Houses of Congress.
TITLE I
DEPARTMENT OF DEFENSE
Items of General Interest
Incrementally Funded Projects.--The Appropriations
Committees note that the Administration requested several
large military construction projects that can be
incrementally funded, but were instead submitted as large
single-year requests, in accordance with a directive from the
Office of Management and Budget to the Department of Defense
to severely restrict the use of incremental funding for
military construction. The Committees have previously
notified the Administration that they reserve the prerogative
to provide incremental funding where appropriate, in
accordance with authorizing legislation. The Appropriations
Committees continue to believe that military construction
projects should be fully funded or separated into stand-alone
phases when practical. In some cases, however, incremental
funding makes fiscal and programmatic sense. The
Appropriations Committees have therefore agreed that the
following projects will be incrementally funded: Command and
Battle Center, Wiesbaden, Germany; Barracks and Dining, Fort
Carson, Colorado; and Barracks and Dining, Fort Stewart,
Georgia. The Committees fully support the completion of these
projects.
Foreign Currency Fluctuations Account Transfers.--The
Department of Defense is directed to submit to the Committees
on Appropriations of both Houses of Congress a quarterly
report on the Foreign Currency Fluctuations, Construction,
Defense account. This report shall specify the amount
transferred to the Foreign Currency account from each
military construction and family housing account, and all
other accounts for which an appropriation is provided in this
Act, during the preceding fiscal quarter, and the amounts
transferred from the Foreign Currency account to the above
accounts during the same period. This report shall be
submitted no later than 30 days after the close of each
fiscal quarter. In addition, the Department of Defense is
directed to notify the Committees on Appropriations within
seven days of transferring any amount in excess of
$10,000,000 to or from the Foreign Currency account.
Reprogramming Guidelines.--The following reprogramming
guidelines apply for all military construction and family
housing projects. A project or account (including the sub-
elements of an account) which has been specifically reduced
by the Congress in acting on the budget request is considered
to be a congressional interest item and as such, prior
approval is required. Accordingly, no reprogrammings to an
item specifically reduced below the threshold by the Congress
are permitted, except that the Department of Defense may seek
reprogrammings for appropriated increments.
The reprogramming criteria that apply to military
construction projects (25 percent of the funded amount or
$2,000,000, whichever is less) continue to apply to new
housing construction projects and to improvements over
$2,000,000. To provide the services the flexibility to
proceed with construction contracts without disruption or
delay, the costs associated with environmental hazard
remediation such as asbestos removal, radon abatement, lead-
based paint removal or abatement, and any other legislated
environmental hazard remediation may be excluded, provided
that such remediation requirements could not be reasonably
anticipated at the time of the budget submission. This
exclusion applies to projects authorized in this budget year,
as well as projects authorized in prior years for which
construction has not been completed. Planning and design
costs associated with military construction and family
housing projects may also be excluded from these guidelines.
In instances where prior approval to a reprogramming
request for a project or account has been received from the
Committees on Appropriations, the adjusted amount approved
becomes the new base for any future increase or decrease via
below-threshold reprogrammings (provided that the project or
account is not a congressional interest item as defined
above).
In addition to these guidelines, the services are directed
to adhere to the guidance for military construction
reprogrammings and notifications, including the pertinent
statutory authorities contained in DOD Financial Management
Regulation 7000.14-R and relevant updates and policy
memoranda.
Submission of Overdue Reports.--The Appropriations
Committees have previously expressed concern at the
Department's frequent failure to comply with deadlines for
submitting mandated reports. Again in 2008, a number of
reports related to major Department initiatives were not
delivered on time, if at all, nor was notice received from
the Department as to why the reports were late or when they
would be submitted. Many of these reports are planning
documents, intended to demonstrate that the Department is
adequately coordinating its several ongoing initiatives, such
as the Global Defense Posture moves, the Grow the Force
initiative, and base realignment and closure. The failure to
submit these reports contributes to the Committees' concern
that the Department may not have developed a thorough
blueprint for some of these programs prior to execution, nor
adequately considered all of the infrastructure ramifications
of carrying out significant force reorganizations while
conducting two wars. Reports that have been mandated by the
Committees are necessary to ensure proper congressional
oversight and to inform congressional decisions related to
the Department's budget requests; the failure to submit them
in a timely manner is unacceptable. The Secretary of Defense
and the service secretaries therefore are directed to submit
all reports that are currently overdue no later than 30 days
after the enactment of this Act, and to assiduously comply
with future reporting deadlines. In the event that a deadline
is not met, the Department shall submit a written explanation
for the failure to deliver the report, and an expected date
of delivery, no later than 7 days after the deadline.
Military Quality of Life Initiative.--The Appropriations
Committees include funding to provide additional quality of
life facilities for military personnel and their families,
continuing an initiative that began in fiscal year 2008.
Through hearings, field visits, and briefings from the
Department, Army and Marine Corps trainee and recruit
housing, and medical treatment facilities, have been
identified as priority requirements in need of greater
funding. The bill therefore includes $122,200,000 for three
additional Army and Marine Corps barracks projects, and
$110,735,000 for additional medical treatment facility design
and construction. The medical treatment facility funding will
provide $57,900,000 to renovate the hospital at Camp Lejeune,
which will add 7,410 marines under the Grow the Force
initiative, and $52,835,000 to accelerate planning and design
for a hospital replacement at Fort Bliss, which will receive
four additional brigades by 2012 under Army plans for base
realignment and closure and global restationing.
Air National Guard Initiative.--The Air National Guard has
a large unfunded requirement for fire stations at flying
locations, yet in the past two budget submissions, the
Administration has requested no funding for Air National
Guard fire stations. In congressional testimony on the fiscal
year 2009 budget request, the Air Force acknowledged that it
was accepting ``manageable risk'' in facilities and
infrastructure funding to help finance the recapitalization
of its aging air and space force. The Air National Guard
military construction budget request for fiscal year 2009 was
$34,374,000, a 60 percent decrease from the previous year's
request. Due to the critical need for firefighting capability
at Air National Guard flying locations, the bill includes
$28,000,000 to expedite the construction of Air National
Guard fire stations.
Army National Guard Initiative.--The Director of the Army
National Guard has identified emerging facility requirements
needed to support the growth of Army National Guard missions
vital to homeland security and the ongoing war on terror,
including aircraft maintenance, unit training, and
interagency training. The bill includes $147,000,000 to
expedite construction of facilities needed to support these
emerging requirements.
Military Construction, Army
(INCLUDING RESCISSIONS OF FUNDS)
The bill appropriates $4,692,648,000 for Military
Construction, Army. Within this amount, the bill provides
$178,685,000 for study, planning, design, architect and
engineer services, and host nation support.
The bill rescinds $51,320,000 from funds previously
appropriated to this account due to bid savings and
cancellations as follows:
------------------------------------------------------------------------
Public Law/location Project title Final bill
------------------------------------------------------------------------
PL 110-5 (FY 2007):
NC: Fort Bragg................ Digital Multipurpose -20,000,000
Range Complex.
Italy: Vicenza................ Barracks Complex (PN -4,980,000
61847).
[[Page 21576]]
Italy: Vicenza................ Barracks Complex (PN -4,440,000
62438).
Italy: Vicenza................ Brigade Complex..... -5,300,000
Subtotal, PL 110-5.......... .................... -34,720,000
PL 110-161 (FY 2008):
NV: Hawthorne Army Depot...... Ground Water -3,500,000
Treatment Plan.
NY: Fort Drum................. Brigade Complex- -6,600,000
Company Operations.
TX: Fort Bliss................ Health and Dental -6,500,000
Clinic.
Subtotal, PL 110-161........ .................... -16,600,000
---------------
Total....................... .................... -51,320,000
------------------------------------------------------------------------
Hatfield Gate Expansion, Fort Myer, Virginia.--Of the funds
provided for planning and design in this account, the
Appropriations Committees direct that $300,000 be made
available for the design of this facility.
Installation Chapel Center, Fort Campbell, Kentucky.--Of
the funds provided for planning and design in this account,
the Appropriations Committees direct that $630,000 be made
available for the design of this facility.
Soldier Readiness Processing Center, Fort Leonard Wood,
Missouri.--Of the funds provided for planning and design in
this account, the Appropriations Committees direct that
$648,000 be made available for the design of this facility.
Military Construction, Navy and Marine Corps
The bill appropriates $3,333,369,000 for Military
Construction, Navy and Marine Corps. Within this amount, the
bill provides $246,528,000 for study, planning, design,
architect and engineer services.
Dry Dock #3 Waterfront Support Facility, Portsmouth NSY,
Maine.--Of the funds provided for planning and design in this
account, the Appropriations Committees direct that $1,450,000
be made available for the design of this facility.
Submarine Payloads Integration Laboratory, Newport Naval
Station, Rhode Island.--Of the funds provided for planning
and design in this account, the Appropriations Committees
direct that $750,000 be made available for the design of this
facility.
Military Construction, Air Force
(INCLUDING RESCISSION OF FUNDS)
The bill appropriates $1,117,746,000 for Military
Construction, Air Force. Within this amount, the bill
provides $93,436,000 for study, planning, design, architect
and engineer services.
The bill rescinds $20,821,000 from funds previously
appropriated to this account due to bid savings as follows:
------------------------------------------------------------------------
Public Law/location Project title Final bill
------------------------------------------------------------------------
PL 110-161 (FY 2008):
AK: Elmendorf AFB............. F-22A Taxiway, -12,741,000
Taxilanes & Arm/De-
Arm apron.
CA: Travis AFB................ C-17 Road -1,980,000
Improvements.
FL: Tyndall AFB............... Repair Airfield..... -6,100,000
---------------
Total....................... .................... -20,821,000
------------------------------------------------------------------------
Centralized Administrative Processing Center, Sheppard AFB,
Texas.--Of the funds provided for planning and design in this
account, the Appropriations Committees direct that $1,314,000
be made available for the design of this facility.
F-22A Consolidated Munitions Maintenance, Holloman AFB, New
Mexico.--Of the funds provided for planning and design in
this account, the Appropriations Committees direct that
$495,000 be made available for the design of this facility.
Fire and Rescue Station, Randolph AFB, Texas.--Of the funds
provided for planning and design in this account, the
Appropriations Committees direct that $972,000 be made
available for the design of this facility.
Joint Intelligence Technical Training Facility, Goodfellow
AFB, Texas.--Of the funds provided for planning and design in
this account, the Appropriations Committees direct that
$1,656,000 be made available for the design of this facility.
Logistics Readiness Center, Mountain Home AFB, Idaho.--Of
the funds provided for planning and design in this account,
the Appropriations Committees direct that $1,800,000 be made
available for the design of this facility.
Missile Service Complex, F.E. Warren AFB, Wyoming.--Of the
funds provided for planning and design in this account, the
Appropriations Committees direct that $810,000 be made
available for the design of this facility.
Repair Runway Pavement, Luke AFB, Arizona.--Of the funds
provided for planning and design in this account, the
Appropriations Committees direct that $1,755,000 be made
available for the design of this facility.
Security Forces Building, Phase 1, Lackland AFB, Texas.--Of
the funds provided for planning and design in this account,
the Appropriations Committees direct that $900,000 be made
available for the design of this facility.
Student Officer Quarters, Phase 2, Laughlin AFB, Texas.--Of
the funds provided for planning and design in this account,
the Appropriations Committees direct that $1,440,000 be made
available for the design of this facility.
Military Construction, Defense-Wide
(INCLUDING RESCISSION AND TRANSFER OF FUNDS)
The bill appropriates $1,695,204,000 for Military
Construction, Defense-Wide. Within this amount, the bill
provides $186,060,000 for study, planning, design, architect
and engineer services.
The bill provides $90,000,000 for the Energy Conservation
Investment Program. The Appropriations Committees strongly
support the Department of Defense's efforts to promote energy
conservation and investment in renewable energy resources,
but believe that a more aggressive and broad-based program,
with an increased emphasis on applying renewable energy
resources to enhance energy security at military
installations, is warranted. The Department therefore is
directed to allocate the $10,000,000 in funding provided
above the request for this program to planning, analysis, and
design work associated with the development of multi-megawatt
renewable energy and multi-building energy efficiency
projects on and near military lands, with first priority
given to projects that will mitigate risk to critical assets
and promote energy efficiency and independence at military
installations.
The bill also provides $5,000,000 for contingency
construction.
The bill rescinds $3,589,000 from funds previously
appropriated to this account due to a cancellation as
follows:
------------------------------------------------------------------------
Public Law/location Project title Final bill
------------------------------------------------------------------------
PL 108-324 (FY 2005):
VA: Oceana NAS................ Bulk Fuel Storage -3,589,000
Tank.
---------------
Total....................... .................... -3,589,000
------------------------------------------------------------------------
Hospital Replacement, Fort Bliss, Texas.--Of the funds
provided for planning and design in this account, the
Appropriations Committees direct that $52,835,000 be made
available for the design of this facility.
Military Construction, Army National Guard
(INCLUDING RESCISSION OF FUNDS)
The bill appropriates $736,317,000 for Military
Construction, Army National Guard.
The bill rescinds $1,400,000 from funds previously
appropriated to this account due to bid savings as follows:
------------------------------------------------------------------------
Public Law/location Project title Final bill
------------------------------------------------------------------------
PL 110-161 (FY 2008):
AR: Camp Robinson............. Ammunition Supply -1,400,000
Point.
---------------
Total....................... .................... -1,400,000
------------------------------------------------------------------------
Combined Support Maintenance Shop, Pittsburgh,
Pennsylvania.--Of the funds provided for planning and design
in this account, the Appropriations Committees direct that
$3,250,000 be made available for the design of this facility.
Combat Vehicle Training Facility, Fort Indiantown Gap,
Pennsylvania.--Of the funds provided for planning and design
in this account, the Appropriations Committees direct that
$620,000 be made available for the design of this facility.
Field Maintenance Shop, Las Vegas, Nevada.--Of the funds
provided for planning and design in this account, the
Appropriations Committees direct that $2,058,000 be made
available for the design of this facility.
Hangar 1001 Improvement, Fairchild AFB, Washington.--Of the
funds provided for unspecified minor construction in this
account, the Appropriations Committees direct that $766,000
be made available for the renovation of this facility.
Infantry Platoon Battle Course, Fort Chaffee, Arkansas.--Of
the funds provided for planning and design in this account,
the Appropriations Committees direct that $204,000 be made
available for the design of this facility.
Infrastructure Improvements, Arden Hills ATS, Minnesota.--
Of the funds provided for planning and design in this
account, the Appropriations Committees direct that $1,005,000
be made available for the design of this facility.
Paint Booth, Northern Nevada Military Department, Nevada.--
Of the funds provided for unspecified minor construction in
this account, the Appropriations Committees direct that
$1,500,000 be made available for the construction of this
facility.
Readiness Center Addition/Alteration, Dundalk, Maryland.--
Of the funds provided for planning and design in this
account, the Appropriations Committees direct that $579,000
be made available for the design of this facility.
Readiness Center Addition/Alteration, Laredo, Texas.--Of
the funds provided for unspecified minor construction in this
account, the Appropriations Committees direct that $1,165,000
be made available for the construction of this facility.
Readiness Center, Dallas Armory, Oregon.--Of the funds
provided for planning and design in this account, the
Appropriations Committees direct that $1,681,000 be made
available for the design of this facility.
Readiness Center, The Dalles, Oregon.--Of the funds
provided for planning and design in this account, the
Appropriations Committees direct that $682,000 be made
available for the design of this facility.
Readiness Center Addition/Alteration, Honesdale,
Pennsylvania.--Of the funds provided for planning and design
in this account, the Appropriations Committees direct that
$504,000 be made available for the design of this facility.
Readiness Center, York, Pennsylvania.--Of the funds
provided for planning and design in this account, the
Appropriations Committees direct that $880,000 be made
available for the design of this facility.
Readiness Center, Sumter, South Carolina.--Of the funds
provided for planning and design
[[Page 21577]]
in this account, the Appropriations Committees direct that
$382,000 be made available for the design of this facility.
Readiness Center, Ethan Allen Range, Vermont.--Of the funds
provided for planning and design in this account, the
Appropriations Committees direct that $323,000 be made
available for the design of this facility.
Readiness Center and NGB Conference Center, Fort Belvoir,
Virginia.--Of the funds provided for planning and design in
this account, the Appropriations Committees direct that
$1,085,000 be made available for the design of this facility.
Training Complex, Camp Butner, North Carolina.--Of the
funds provided for planning and design in this account, the
Appropriations Committees direct that $1,376,000 be made
available for the design of this facility.
Tri-State Armory Addition, Kenova, West Virginia.--Of the
funds provided for unspecified minor construction in this
account, the Appropriations Committees direct that $2,000,000
be made available for the construction of this facility.
Westminster Zero Range, Westminster Training Site,
Vermont.--Of the funds provided for unspecified minor
construction in this account, the Appropriations Committees
direct that $1,789,000 be made available for the construction
of this facility.
Military Construction, Air National Guard
The bill appropriates $242,924,000 for Military
Construction, Air National Guard.
C-5 Taxiway Upgrades, Martinsburg Air Base, West
Virginia.--Of the funds provided for planning and design in
this account, the Appropriations Committees direct that
$850,000 be made available for the design of this facility.
C-130 Squadron Operations Center, Greater Peoria RAP,
Illinois.--Of the funds provided for planning and design in
this account, the Appropriations Committees direct that
$400,000 be made available for the design of this facility.
Combat Arms Training Simulator/Maintenance Facility, Hector
Field, North Dakota.--Of the funds provided for unspecified
minor construction in this account, the Appropriations
Committees direct that $1,500,000 be made available for the
construction of this facility.
Combat Communications Training Complex, Springfield--
Beckley Air National Guard Base, Ohio.--Of the funds provided
for planning and design in this account, the Appropriations
Committees direct that $1,100,000 be made available for the
design of this facility.
Conventional Munitions Shop, Joe Foss Field, South
Dakota.--Of the funds provided for unspecified minor
construction in this account, the Appropriations Committees
direct that $1,900,000 be made available for the construction
of this facility.
Replace Control Tower, Quonset State AP, Rhode Island.--Of
the funds provided for planning and design in this account,
the Appropriations Committees direct that $600,000 be made
available for the design of this facility.
Security Gate, Rickenbacker Airport ANG Base, Ohio.--Of the
funds provided for unspecified minor construction in this
account, the Appropriations Committees direct that $1,600,000
be made available for the construction of this facility.
TFI Digital Ground Station FOC Beddown, Otis ANGB,
Massachusetts.--Of the funds provided for planning and design
in this account, the Appropriations Committees direct that
$1,700,000 be made available for the design of this facility.
Military Construction, Army Reserve
The bill appropriates $282,607,000 for Military
Construction, Army Reserve.
Reserve Center, Bryan, Texas.--Of the funds provided for
planning and design in this account, the Appropriations
Committees direct that $920,000 be made available for the
design of this facility.
Military Construction, Navy Reserve
The bill appropriates $57,045,000 for Military
Construction, Navy Reserve.
Military Construction, Air Force Reserve
The bill appropriates $36,958,000 for Military
Construction, Air Force Reserve.
Joint Services Lodging Facility, Westover ARB,
Massachusetts.--Of the funds provided for planning and design
in this account, the Appropriations Committees direct that
$943,000 be made available for the design of this facility.
Joint Services Lodging Facility, Youngstown Air Reserve
Station, Ohio.--Of the funds provided for planning and design
in this account, the Appropriations Committees direct that
$900,000 be made available for the design of this facility.
North Atlantic Treaty Organization Security Investment Program
The bill appropriates $230,867,000 for the North Atlantic
Treaty Organization Security Investment Program.
Notification on Delaying the Authorization or Funding of
Projects.--The Department of Defense is directed to notify
the Committees on Appropriations of both Houses of Congress
within 14 days of the U.S. taking action to delay temporarily
the authorization of projects, or to withhold temporarily
funds from previously authorized projects, due to shortfalls
in U.S. obligation authority.
Family Housing Construction, Army
The bill appropriates $646,580,000 for Family Housing
Construction, Army.
Family Housing Operation and Maintenance, Army
The bill appropriates $716,110,000 for Family Housing
Operation and Maintenance, Army.
Family Housing Construction, Navy and Marine Corps
The bill appropriates $380,123,000 for Family Housing
Construction, Navy and Marine Corps.
Family Housing Operation and Maintenance, Navy and Marine Corps
The bill appropriates $376,062,000 for Family Housing
Operation and Maintenance, Navy and Marine Corps.
Family Housing Construction, Air Force
The bill appropriates $395,879,000 for Family Housing
Construction, Air Force.
Family Housing Operation and Maintenance, Air Force
The bill appropriates $594,465,000 for Family Housing
Operation and Maintenance, Air Force.
Family Housing Operation and Maintenance, Defense-Wide
The bill appropriates $49,231,000 for Family Housing
Operation and Maintenance, Defense-Wide.
Department of Defense Family Housing Improvement Fund
The bill appropriates $850,000 for the Department of
Defense Family Housing Improvement Fund.
Homeowners Assistance Fund
The bill appropriates $4,500,000 for the Homeowners
Assistance Fund.
Chemical Demilitarization Construction, Defense-Wide
The bill appropriates $144,278,000 for Chemical
Demilitarization Construction, Defense-Wide.
Department of Defense Base Closure Account 1990
The bill appropriates $458,377,000 for the Department of
Defense Base Closure Account 1990. The bill includes an
increase of $65,000,000 above the budget request, of which
$15,000,000 is provided for the Army and $50,000,000 is
provided for the Navy. The Appropriations Committees direct
the Army and Navy to submit an expenditure plan for the
additional funds provided no later than 30 days following the
enactment of this Act.
Department of Defense Base Closure Account 2005
The bill appropriates $8,765,613,000 for the Department of
Defense Base Closure Account 2005. The decrease from the
request is a general reduction. The Appropriations Committees
note that $1,749,076,000 was requested for operation and
maintenance and ``other'' activities within this account, and
urge the Department to first consider applying the reduction
to these activities rather than to construction. The
Department is directed to continue notifying the
Appropriations Committees of any above-threshold cost or
scope variation in projects, any cancellation of projects, or
any transfer of funds among accounts and construction
projects associated with the BRAC 2005 program.
Administrative Provisions
The bill includes section 101 limiting the use of funds
under a cost-plus-a-fixed-fee contract.
The bill includes section 102 allowing the use of
construction funds in this title for hire of passenger motor
vehicles.
The bill includes section 103 allowing the use of
construction funds in this title for advances to the Federal
Highway Administration for the construction of access roads.
The bill includes section 104 prohibiting construction of
new bases in the United States without a specific
appropriation.
The bill includes section 105 limiting the use of funds for
the purchase of land or land easements that exceed 100
percent of the value.
The bill includes section 106 prohibiting the use of funds,
except funds appropriated in this title for that purpose, for
family housing.
The bill includes section 107 limiting the use of minor
construction funds to transfer or relocate activities.
The bill includes section 108 prohibiting the procurement
of steel unless American producers, fabricators, and
manufacturers have been allowed to compete.
The bill includes section 109 prohibiting the use of
construction and family housing funds available to pay real
property taxes in any foreign nation.
The bill includes section 110 prohibiting the use of funds
to initiate a new installation overseas without prior
notification.
The bill includes section 111 establishing a preference for
American architectural and engineering services for overseas
projects.
The bill includes section 112 establishing a preference for
American contractors in certain locations.
The bill includes section 113 requiring congressional
notification of military exercises where construction costs
exceed $100,000.
The bill includes section 114 limiting obligations in the
last two months of the fiscal year.
[[Page 21578]]
The bill includes section 115 allowing funds appropriated
in prior years for new projects authorized during the current
session of Congress.
The bill includes section 116 allowing the use of lapsed or
expired funds to pay the cost of supervision for any project
being completed with lapsed funds.
The bill includes section 117 allowing military
construction funds to be available for five years.
The bill includes section 118 requiring an annual report on
actions taken to encourage other nations to assume a greater
share of the common defense burden to include a classified
report option, if necessary.
The bill includes section 119 allowing the transfer of
proceeds between BRAC accounts.
The bill includes section 120 allowing the transfer of
funds from Family Housing Construction accounts to the Family
Housing Improvement Fund.
The bill includes section 121 requiring congressional
notification prior to issuing a solicitation for a contract
with the private sector for family housing.
The bill includes section 122 allowing transfers to the
Homeowners Assistance Fund.
The bill includes section 123 limiting the source of
operation and maintenance funds for flag and general officer
quarters.
The bill includes section 124 extending the availability of
funds in the Ford Island Improvement Fund.
The bill includes section 125 placing limitations on the
expenditure of funds for projects impacted by BRAC 2005.
The bill includes section 126 allowing the transfer of
expired funds to the Foreign Currency Fluctuation,
Construction, Defense account.
The bill includes section 127 prohibiting the use of funds
for any action that is related to or promotes the expansion
of the boundaries or size of the Pinon Canyon Maneuver Site,
Colorado.
The bill includes section 128 allowing for the
reprogramming of military construction funds among projects
and activities.
The bill includes section 129 transferring funds to the
American Battle Monuments Commission for an engineering study
of the Lafayette Escadrille Memorial. This section shall not
be construed to indicate the Appropriations Committees intend
to provide future appropriations for the restoration,
preservation, maintenance, or operation of this private
memorial.
The bill includes section 130 rescinding funds from Public
Law 110-5 due to the cancellation of military family housing
construction at the Defense Supply Center, Richmond,
Virginia.
The bill includes section 131 providing an additional
$28,000,000 to the Air National Guard for a fire safety
initiative.
The bill includes section 132 providing an additional
$147,000,000 to the Army National Guard for an emerging
requirements initiative.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Items of Interest
New GI Bill implementation.--Public Law 110-252 provided
$100,000,000 for salaries and expenses and $20,000,000 for
information technology to implement the ``Post-9/11 Veterans
Educational Assistance Act of 2008''. The Department has
testified to the Congress its intent to implement this
benefit by accelerating the development of The Educational
Expert System (TEES) and expect this automated system to be
operational by August 1, 2009, when the Act becomes
effective. The Committees are greatly concerned that the
Department is relying exclusively on the success of this
automation to ensure a timely, satisfactory implementation of
this program. The Committees agree that veterans should be
able to apply for educational benefits electronically but
also want to ensure that these veterans are permitted to
apply using a non-electronic method. Additionally, the
Committees agree that these veterans should be able to obtain
assistance from the Department of Veterans Affairs
educational benefit employees for any questions or concerns
that they may have when filing their application. Further,
the Committees also agree that the implementation of this
program should not cause the Department to lose ground in
improving the timeliness of claims processing for other
educational benefits. The Committees direct the Department to
report within 30 days of enactment of this Act on the plan to
develop and deploy TEES for this program, its contingency
plan if delays preclude deployment by August 1, 2009, the
process that will allow veterans to file applications by a
non-electronic means, the process that will allow veterans to
obtain the assistance of educational benefit employees, the
metrics that the Department will use to measure veteran
satisfaction with claims processing for this program, and the
steps the Department will take to ensure that implementation
of this benefit does not negatively impact other educational
benefits programs. The Committees direct the Department to
include in its quarterly status report to the Committees the
progress made by the Department to meet the milestones for
the implementation of TEES as presented on September 11,
2008, to the Congress, the average days to process
educational benefits claims for the other educational
benefits programs, the average days to process claims for
this program upon implementation, and the amounts executed to
implement this program including TEES. In addition, the
Committees direct the Office of Inspector General to provide
a quarterly report to the Committees to include a review of
the Department's success in meeting project milestones, an
assessment of the implementation plan, and identification of
any issues that may prevent the timely, satisfactory
implementation of this program.
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
The bill appropriates $43,111,681,000 for Compensation and
Pensions. Of the amount provided, not more than $26,798,000
is to be transferred to General Operating Expenses, Medical
Support and Compliance, and Information Technology Systems
for reimbursement of necessary expenses in implementing
provisions of title 38.
readjustment benefits
The bill appropriates $3,832,944,000 for Readjustment
Benefits. The amount appropriated is $746,000,000 more than
the budget request and reflects the partial year cost of the
Post-9/11 Veterans Educational Assistance Act of 2008, which
becomes effective on August 1, 2009.
veterans insurance and indemnities
The bill appropriates $42,300,000 for Veterans Insurance
and Indemnities.
veterans housing benefit program fund
The bill appropriates such sums as may be necessary for
costs associated with direct and guaranteed loans for the
Veterans Housing Benefit Program Fund. The bill limits
obligations for direct loans to not more than $500,000 and
provides that $157,210,000 shall be available for
administrative expenses.
vocational rehabilitation loans program account
(including transfer of funds)
The bill appropriates $61,000 for the cost of direct loans
for the Vocational Rehabilitation Loans Program Account, plus
$320,000 to be paid to the General Operating Expenses
account. The bill provides for a direct loan limitation of
$3,180,000.
native american veteran housing loan program account
The bill appropriates $646,000 for administrative expenses
of the Native American Veteran Housing Loan Program Account.
guaranteed transitional housing loans for homeless veterans program
account
The bill provides up to $750,000 of the funds available in
General Operating Expenses and Medical Support and Compliance
to carry out the Guaranteed Transitional Housing Loans for
Homeless Veterans Program Account.
Veterans Health Administration
Health Care Sharing Incentive Fund.--The bill includes
language to allow a minimum of $15,000,000, to be transferred
to the Health Care Sharing Incentive Fund to facilitate
collaboration between the Departments of Defense and Veterans
Affairs. The Appropriations Committees agree the most
important area for collaboration and investment between these
departments is to ensure a seamless transition for our
veterans. While the Appropriations Committees do not intend
to preclude the use of this fund for any joint project, the
Committees strongly urge that priority for funding be given
to improving the continuity of care for our veterans through
joint clinics; the development of additional programs for
women veterans health issues and the identification and
treatment of military sexual trauma; the development of
collaborative suicide prevention programs and initiatives;
the development of registries for trauma, Post Traumatic
Stress Disorder (PTSD) and Traumatic Brain Injury (TBI); and
the development of joint clinical practice guidelines for
polytrauma injury, traumatic brain injury (to include
diagnostics), blast injury, mental health/PTSD, burn, and
amputee patients based on evidence-based medicine.
Priority 8 Enrollment.--Funding has been provided within
the Medical Services; Medical Support and Compliance; Medical
Facilities; Construction, Minor Projects; and Information
Technology Systems accounts to support increased enrollment
for Priority 8 veterans whose income exceeds the current
veterans means test and geographic means test income
thresholds by 10 percent or less. The Secretary is directed
to report to the Committees on Appropriations within 60 days
of enactment of this Act on the plan to provide medical care
to this segment of Priority 8 veterans.
Innovation.--The Appropriations Committees agree that
investing in innovation is a key factor in ensuring a
responsive, efficient, quality health care system and
commends the Department for providing funds from the National
Reserve Fund to finance innovation. The Committees believe
that more can be done, however, to test and adopt innovations
from the private sector and encourage the Department to
increase funding for this program so that additional public/
private pilot projects may be implemented in
[[Page 21579]]
fiscal year 2009. The Committees direct the Department to
report to the Committees on Appropriations of both Houses of
Congress annually on the funding provided, and from which
account, from the National Reserve Fund for innovation for
the previous fiscal year by April 1st of each year.
Transfer Authority.--The bill provides the Department with
below threshold transfer authority between the Medical
Services and Medical Support and Compliance accounts.
Transfer authority is included in order for individual
medical centers to have the flexibility to address emergent
needs. The Secretary is directed to include in the
Department's quarterly reports an accounting, by VISN, of the
utilization of this below threshold transfer authority.
medical services
(including transfer of funds)
The bill appropriates $30,969,903,000 for Medical Services.
Of the amount provided, $1,600,000,000 is available for
obligation until September 30, 2010.
The bill provides $375,000,000 to increase Priority 8
enrollment. The bill also includes an additional $133,000,000
to increase the beneficiary travel reimbursement mileage rate
to 41.5 cents per mile while freezing the deductible at
current levels; an additional $200,000,000 to increase fee-
based services, to be allocated in a manner not subject to
the Veterans Equitable Resource Allocation model; an
additional $250,000,000 for a rural health initiative; an
additional $12,000,000 for Vet Centers; an additional
$7,000,000 for expanded outpatient services for the blind; an
additional $6,900,000 for the military eye injury registry
and joint DoD/VA Center of Excellence; an additional
$116,000,000 for new generation prosthetics and sensory aids;
an additional $7,500,000 for Homeless Grant and Per Diem
liaisons; an additional $8,000,000 to restore the Homeless
Grant and Per Diem program to the fully authorized level of
$130,000,000; an additional $30,000,000 for the HUD-Veterans
Affairs Supportive Housing Program to address any increase in
the number of vouchers authorized and directs the Department
to increase the number of caseworkers as necessary to
accommodate the increase in vouchers. The Department is
directed to provide at least $5,000,000 for caseworkers if
the Department of Housing and Urban Development creates a
demonstration program to test methods of homeless prevention
among the veteran population.
Neurobehavioral Rehabilitation and Recovery.--The
Appropriations Committees strongly urge the Department to
establish and expand cooperative agreements with public and
private entities with neurobehavioral rehabilitation and
recovery experience in the treatment of Traumatic Brain
Injury (TBI) as recommended in section 1703 of Public Law
110-181.
medical support and compliance
The bill appropriates $4,450,000,000 for Medical Support
and Compliance. Of the amount provided, $250,000,000 is
available for obligation until September 30, 2010.
Third Party Collections.--The Department is directed to
report to the Committees on Appropriations of both Houses of
Congress on the specific actions taken to improve third party
collections by February 26, 2009.
medical facilities
The bill appropriates $5,029,000,000 for Medical
Facilities. The bill also includes language allowing
$350,000,000 of the funds to be available until September 30,
2010. The bill further specifies that $300,000,000 for non-
recurring maintenance shall be allocated in a manner not
subject to the Veterans Equitable Resource Allocation model.
The Appropriations Committees are in agreement that the
funding provided above the budget request shall be used to
address both facility condition assessment deficiencies and
other essential requirements.
medical and prosthetic research
The bill appropriates $510,000,000 for Medical and
Prosthetic Research.
The bill restores the cut proposed in the budget request
and provides additional funding for research topics most
prevalent in the veteran population such as polytrauma,
sensory loss, Post-Traumatic Stress Disorder, suicide
prevention, and women veteran health issues.
National Cemetery Administration
The bill appropriates $230,000,000 for the National
Cemetery Administration. Of the amount provided, $23,000,000
is available until September 30, 2010.
The bill includes sufficient additional funding so at least
$25,000,000 can be dedicated to correct deficiencies at
national cemeteries, including those identified in the 2002
Millennium Act report to Congress. In addition, the
Department is directed to undertake gravesite renovation
projects to replace turf, repair sunken graves, and raise,
realign and clean headstones.
Departmental Administration
general operating expenses
The bill appropriates $1,801,867,000 for General Operating
Expenses. The bill provides not less than $1,466,095,000 for
the Veterans Benefits Administration, an increase of
$94,342,000 to the budget request. Of the amount provided,
$83,000,000 is available for obligation until September 30,
2010.
The bill also provides for a limitation on the purchase of
passenger motor vehicles for use in operation by the Veterans
Benefits Administration in Manila, Philippines.
Funding Increases.--The bill includes an increase of
$102,000,000 for General Operating Expenses when compared to
the President's budget request. The Appropriations Committees
agree to provide $92,342,000 for the hiring of additional
claims processors. It is estimated that this increase will
enable the Department to hire 1,100 claims processors in
addition to over 900 planned for hiring as part of the budget
request. In addition, the Appropriations Committees have
provided $2,000,000 for the leasing of office space to house
these new employees. As the Department experiences an
increase in the number of claims being filed, as well as an
increase in the number of appeals, both the Board of Veterans
Appeals and the Office of General Counsel will require
additional personnel to handle these appeals. Therefore, the
bill includes an increase of $3,838,000 for the Board of
Veterans Appeals and $3,220,000 for the Office of General
Counsel. The amount provided also includes an increase of
$600,000 for the Office of Management.
information technology systems
The bill appropriates $2,489,391,000 for Information
Technology Systems. The bill directs the Department to submit
an expenditure plan to the Committees on Appropriations of
both Houses of Congress within 30 days of enactment. The bill
also establishes a funding floor of $48,000,000 for the
Financial and Logistics Integrated Technology Enterprise
(FLITE) program.
The amount provided includes an increase of $47,325,000
when compared to the budget request. This increased amount
includes $5,000,000 for IT related to additional claims
processors, $2,000,000 for IT related to the eye injury
registry, $35,000,000 for emergent medical center needs, and
$5,325,000 increase for FLITE.
The Office of Information Technology is directed to provide
an IT expenditure report to the Committees on Appropriations
on a monthly basis. This report shall include a comparison to
the project costs included in the base reprogramming letter
submitted to the Congress, and provide an explanation for any
differences in excess of $1,000,000.
OFFICE OF INSPECTOR GENERAL
The bill appropriates $87,818,000 for the Office of
Inspector General. Of the amount provided, $5,000,000 is
available for obligation until September 30, 2010.
The bill is $11,318,000 above the budget request for the
Office of Inspector General. The additional funding includes
$4,500,000 to cover the cost of undertaking a systematic
review of community-based outpatient clinics, Vet Centers,
and VBA regional offices. The Committees on Appropriations
anticipate that the review of regional offices will include
an assessment of the quality of benefit claims processing
CONSTRUCTION, MAJOR PROJECTS
The bill appropriates $923,382,000 for Construction, Major
Projects.
The Department is directed to allocate $401,210,000 of this
amount to projects reflected in the VA's 5-Year Capital Plan,
which was transmitted as part of the Department's FY 2009
detailed budget justification. This additional funding is to
be used to complete the unfunded requirements of ongoing
projects and to initiate the planning, design, and
construction of new projects to the extent that funding can
be executed in fiscal year 2009. The Department is directed
to provide the Committees on Appropriations of both Houses of
Congress with a detailed list of how these funds will be
allocated, within 60 days of enactment of this Act.
The bill funds the following items ($000):
Veterans Health Administration:
Denver, CO.....................................................20,000
Orlando, FL...................................................120,000
San Juan, PR...................................................64,400
Lee County, FL................................................111,412
St. Louis, MO...................................................5,000
Bay Pines, FL..................................................17,430
Advance Planning Fund..........................................40,000
Asbestos/Contaminates Abatement.................................3,000
BRAC Land Acquisition...........................................5,000
Claims Analyses.................................................2,000
Facility Security Projects.....................................11,930
Hazardous Waste Abatement.......................................2,000
Judgment Fund..................................................10,000
Sustainability and Energy............................................
Previously appropriated projects, Five-Year Capital Plan projects,
and cost adjustments..........................................5,000
401,210
________________
Total, Veterans Health Admin..............................818,382
National Cemetery Administration:
Puerto Rico National Cemetery..................................33,900
Massachusetts National Cemetery................................20,500
Calverton, NY National Cemetery................................29,000
Advance Planning Fund...........................................6,000
[[Page 21580]]
NCA Land Acquisition............................................5,000
Sustainability and Energy......................................10,600
________________
Total, National Cemetery Admin............................105,000
________________
Total, Major Construction.................................923,382
Chattanooga National Cemetery.--The Department is directed
to provide a report to the Committees on Appropriations of
both Houses of Congress by March 31, 2009, on the feasibility
of using funds from the NCA land acquisition fund to purchase
lands adjacent to the Chattanooga National Cemetery to meet
the expansion needs of the facility.
CONSTRUCTION, MINOR PROJECTS
The bill appropriates $741,534,000 for Construction, Minor
Projects. Of the amount provided, the Appropriations
Committees agree that not less than $75,000,000 shall be used
for infrastructure improvements for the National Cemetery
Administration and not less than $41,300,000 shall be for
minor construction for the Veterans Benefits Administration.
The Appropriations Committees are in agreement that the
Department shall submit an expenditure plan to the Committees
on Appropriations of both Houses of Congress which specifies
how the Department intends to execute the funding provided by
this bill. In addition, the bill specifies that $7,000,000
shall be used for the installation of alternative fueling
stations at 35 medical facility campuses.
GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES
The bill appropriates $175,000,000 for Grants for
Construction of State Extended Care Facilities.
GRANTS FOR CONSTRUCTION OF STATE VETERANS CEMETERIES
The bill appropriates $42,000,000 for Grants for
Construction of State Veterans Cemeteries.
Administrative Provisions
(INCLUDING TRANSFERS OF FUNDS)
The bill includes section 201 allowing for transfers among
various mandatory accounts.
The bill includes section 202 allowing for the transfer of
funds among the three medical accounts for the purpose of
perfecting the restructuring of the Veterans Health
Administration accounts.
The bill includes section 203 allowing for the use of
salaries and expenses funds to be used for other authorized
purposes.
The bill includes section 204 restricting the use of funds
for the acquisition of land.
The bill includes section 205 limiting the use of funds in
the Medical Services account to only entitled beneficiaries
or unless reimbursement is made to the Department.
The bill includes section 206 allowing for the use of
certain mandatory appropriations accounts for payment of
prior year accrued obligations for those accounts.
The bill includes section 207 allowing for the use of
appropriations available in this title to pay prior year
obligations.
The bill includes section 208 allowing funds for the
administration of the National Service Life Insurance Fund,
the Veterans' Special Life Insurance Fund, and the United
States Government Life Insurance Fund.
The bill includes section 209 allowing for the proceeds
from enhanced-use leases to be obligated in the year in which
the proceeds are received.
The bill includes section 210 allowing for the use of funds
in this title for salaries and other administrative expenses
to be used to reimburse the Office of Resolution Management
and the Office of Employment Discrimination Complaint
Adjudication.
The bill includes section 211 limiting the use of funds for
any lease with an estimated annual rental of more than
$1,000,000 unless approved by the Committees on
Appropriations of both Houses of Congress.
The bill includes section 212 requiring the Secretary of
the Department of Veterans Affairs to collect third-party
payer information for persons treated for non-service
connected disability.
The bill includes section 213 allowing for the use of
enhanced-use leasing revenues for Construction, Major
Projects and Construction, Minor Projects.
The bill includes section 214 allowing for the use of
Medical Services funds to be used for recreational facilities
and funeral expenses.
The bill includes section 215 allowing for funds deposited
into the Medical Care Collections Fund to be transferred to
the Medical Services account.
The bill includes section 216 allowing Alaskan veterans to
use medical facilities of the Indian Health Service or tribal
organizations at no additional cost to the Department of
Veterans Affairs or the Indian Health Service.
The bill includes section 217 providing for the transfer of
funds from the Department of Veterans Affairs Capital Asset
Fund to the Construction, Major Projects and Construction,
Minor Projects accounts and makes those funds available until
expended.
The bill includes section 218 prohibiting the expenditure
of funds to replace the current system by which VISNs select
and contract for diabetes monitoring supplies and equipment.
The bill includes section 219 prohibiting the use of funds
on any policy prohibiting the use of outreach or marketing to
enroll new veterans.
The bill includes section 220 requiring the Secretary to
submit quarterly reports on the financial status and service
level status of the Veterans Health Administration.
The bill includes section 221 allowing for the transfer of
funds from various accounts to the Information Technology
Systems account.
The bill includes section 222 providing for transfer of
funds among projects within the Information Technology
Systems account.
The bill includes section 223 allowing for the transfer of
any prior year balances and/or credits in the Reinstated
Entitlement Program for Survivors account to the Compensation
and Pensions account.
The bill includes section 224 extending the effective date
of section 1710 of title 38, United States Code which allows
for the collection of co-payments for certain services.
The bill includes section 225 extending the effective date
of section 1729 of title 38, United States Code which
provides for third-party collections.
The bill includes section 226 maintaining funding for Gulf
War Illness Research at levels not less than those made
available in fiscal year 2008.
The bill includes section 227 authorizing the transfer of
not more than $5,000,000 to the Secretary of Health and Human
Services for a Graduate Psychology Education Program which
directly benefits veterans.
The bill includes section 228 prohibiting any funds to be
used to contract out any function performed by more than ten
employees without a fair competition process.
The bill includes section 229 authorizing the lease of a
major medical facility.
The bill includes section 230 limiting the amount of non-
recurring maintenance funds that can be obligated during the
last 2 months of the fiscal year.
The bill includes section 231 amending section 2703 of
Public Law 109-234 regarding the transfer of property to the
City of Gulfport, Mississippi.
The bill includes section 232 freezing the deductible of
the beneficiary travel program at fiscal year 2008 levels.
The bill includes section 233 extending the effective date
of section 1703 of title 38, United States Code which allows
for recovery audits.
The bill includes section 234 extending the effective date
of section 5317 of title 38, United States Code which
provides for income verification.
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
SALARIES AND EXPENSES
The bill appropriates $59,470,000 for Salaries and
Expenses.
The Appropriations Committees agree that the increase above
the budget request shall be used for capital improvements and
infrastructure modernization. The Appropriations Committees
agree that the Commission shall submit a report to the
Committees on Appropriations of both Houses of Congress by
February 27, 2009, detailing funding required to correct
maintenance and infrastructure deficiencies at all cemeteries
and memorials for which the Commission is responsible.
FOREIGN CURRENCY FLUCTUATIONS ACCOUNT
The bill appropriates such sums as necessary, estimated at
$17,100,000, for the Foreign Currency Fluctuations Account.
United States Court of Appeals for Veterans Claims
SALARIES AND EXPENSES
The bill appropriates $30,975,000 for the Salaries and
Expenses account. The amount provided includes $1,700,000 for
the pro bono program.
The bill includes $7,000,000 for the cost of advance
planning and design associated with construction of a new
Veterans Courthouse and Justice Center. The Appropriations
Committees anticipate that the Court will transfer these
funds to the General Services Administration for execution of
the project.
Department of Defense--Civil
Cemeterial Expenses, Army
SALARIES AND EXPENSES
The bill appropriates $36,730,000 for Salaries and
Expenses.
The Appropriations Committees agree that the increase of
$5,500,000 above the budget request shall be used to continue
the program to realign government-issued headstones and
accelerate the Millennium project.
Armed Forces Retirement Home
TRUST FUNDS
The bill appropriates $63,010,000 for the Armed Forces
Retirement Home (AFRH). The bill further specifies that
$8,025,000 shall remain available until expended for
construction and renovation of the physical plants at both
Washington, DC and Gulfport, MS campuses.
TITLE IV
GENERAL PROVISIONS
The bill includes section 401 prohibiting the obligation of
funds in the Act beyond the
[[Page 21581]]
current fiscal year unless expressly so provided.
The bill includes section 402 requiring pay raises to be
absorbed within the levels appropriated in the Act.
The bill includes section 403 prohibiting the use of the
funds in this Act for programs, projects or activities not in
compliance with Federal law relating to risk assessment, the
protection of private property rights, or unfunded mandates.
The bill includes section 404 prohibiting the use of funds
in the Act to support or defeat legislation pending before
Congress.
The bill includes section 405 encouraging all Departments
to expand their use of ``E-Commerce''.
The bill includes section 406 prohibiting the transfer of
funds to any instrumentality of the United States Government
without authority from an appropriations Act.
The bill includes section 407 specifying the congressional
committees that are to receive all reports and notifications.
The bill includes section 408 prohibiting the use of funds
to modify the standards applicable to the determination of
the entitlement of veterans to special monthly pensions.
The bill includes section 409 prohibiting the use of funds
for a project or program named for a serving Member,
Delegate, or Resident Commissioner of the Congress.
DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS
Following is a list of congressional earmarks and
congressionally directed spending items (as defined in clause
9 of rule XXI of the Rules of the House of Representatives
and rule XLIV of the Standing Rules of the Senate,
respectively) included in the bill or this explanatory
statement, along with the name of each Senator, House Member,
Delegate, or Resident Commissioner who submitted a request to
the Committee of jurisdiction for each item so identified.
Neither the bill nor the explanatory statement contains any
limited tax benefits or limited tariff benefits as defined in
the applicable House and Senate rules.
[[Page 21582]]
MILITARY CONSTRUCTION
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Account State Location Project Amount Requester(s)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Alabama Anniston Army Depot Powertrain Transmission Repair Facility $27,000,000 The President; Senator Sessions; Senator Shelby
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Alabama Anniston Army Depot Small Arms Repair Shop-Depot Level 18,000,000 The President; Senator Sessions; Senator Shelby
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Alabama Fort McClellan Multipurpose Machine Gun Range 3,000,000 The President; Senator Sessions
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Alabama Maxwell AFB Air & Space Basic Course Combat Arms Trng 15,556,000 The President; Mr. Everett; Senator Sessions;
Fac Senator Shelby
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Alabama Anniston Army Depot Lake Yard Railroad Interchange 1,400,000 Mr. Rogers, M. (AL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Alabama Fort Rucker Chapel Center 6,800,000 Mr. Everett
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Alabama Redstone Arsenal System Software Engineering Annex, Ph 3 16,500,000 Senator Sessions; Senator Shelby; Mr. Cramer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Alaska Fort Richardson Child Development Center 15,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Alaska Fort Wainwright Barracks Complex 63,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Alaska Fort Wainwright Organizational Vehicle Parking 14,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Alaska Fort Wainwright Tactical Vehicle Wash Facility 21,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Alaska Fort Wainwright Training Aids Support Center 12,400,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Alaska Elmendorf AFB C-17 Restore Road 2,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Alaska Elmendorf AFB F-22 Aerospace Ground Equip Shop 7,200,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Alaska Elmendorf AFB F-22 Corrosion Ctrl/Lo Mx/Composite Repair 22,400,000 The President
Fac
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Alaska Elmendorf AFB F-22 Flight Simulator 16,400,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Alaska Elmendorf AFB F-22A 7 Bay Aircraft Shelter 20,400,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Alaska Elmendorf AFB F-22A 8 Bay Aircraft Shelter 22,200,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Alaska Elmendorf AFB F-22A Field Training Detachment 6,600,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Alaska Elmendorf AFB F-22A Squadron Ops/AMU 6 Bay Hangar 41,100,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Defense-Wide Alaska Fort Richardson Dental Clinic Addition/Alteration 6,300,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Alaska Fort Wainwright Pedestrian Access Bridge Training Area 2,950,000 Senator Stevens
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Alaska Bethel Armory Readiness Center 16,000,000 Senator Stevens; Senator Murkowski; Mr. Young,
D.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Alaska Fort Richardson Multipurpose Machine Gun Range 3,100,000 Senator Stevens
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Arizona Fort Huachuca Unit Maintenance Facilities 11,200,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Arizona Yuma Raw Sewage Lagoon and Oxidation Pond 3,800,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Arizona Camp Navajo Readiness Center 13,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Arizona Florence Readiness Center 13,800,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Arizona Papago Military Res. Readiness Center 24,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Arizona Yuma Applied Instruction Facility (MAWTS) 19,490,000 The President; Senator Kyl
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Arizona Luke AFB Repair Runway Pavement 1,755,000 Mr. Pastor; Senator Kyl
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Arizona Fort Huachuca ATC Radar Operations Building 2,000,000 Ms. Giffords; Senator Kyl
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Arizona Davis-Monthan AFB Fire/Crash Rescue Station 15,000,000 Senator Kyl; Ms. Giffords
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Arkansas Cabot Readiness Center 10,868,000 Mr. Berry; Senator Lincoln; Senator Pryor
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air NG Arkansas Little Rock AFB Replace Engine Shop 4,000,000 Senator Lincoln; Senator Pryor; Mr. Snyder
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Arkansas Fort Chaffee Infantry Platoon Battle Course 204,000 Senator Lincoln; Senator Pryor; Mr. Boozman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army California Fort Irwin Barracks Complex 17,500,000 The President; Senator Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army California Fort Irwin Military Operations Urban Terrain, Ph 3 22,100,000 The President; Senator Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army California Presidio of Monterey General Instruction Building 15,000,000 The President; Senator Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army California Sierra Army Depot Water Treatment Plant 12,400,000 The President; Senator Feinstein; Senator Boxer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Reserve California Fort Hunter Liggett Modified Record Fire Range 3,950,000 The President; Mr. Farr; Senator Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21583]]
Navy California Barstow Bachelor Enlisted Quarters 7,830,000 The President; Senator Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy California Camp Pendleton Bachelor Enlisted Quarters--41 Area 32,430,000 The President; Senator Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy California Camp Pendleton Bachelor Enlisted Quarters--33 Area 30,300,000 The President; Senator Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy California Camp Pendleton Bachelor Enlisted Quarters--43 Area 15,150,000 The President; Senator Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy California Camp Pendleton Bachelor Enlisted Quarters--62 Area 25,920,000 The President; Senator Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy California Camp Pendleton Bachelor Enlisted Quarters--Area 13 33,320,000 The President; Senator Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy California Camp Pendleton Bachelor Enlisted Quarters--Area 14 32,350,000 The President; Senator Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy California Camp Pendleton Bachelor Enlisted Quarters--Chappo (22 Area) 48,640,000 The President; Senator Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy California Camp Pendleton Bachelor Enlisted Quarters--Del Mar (21 33,190,000 The President; Senator Feinstein
Area)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy California Camp Pendleton Bachelor Enlisted Quarters--Del Mar (21 33,440,000 The President; Senator Feinstein
Area)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy California Camp Pendleton Bachelor Enlisted Quarters--Horno (13 Area) 33,790,000 The President; Senator Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy California Camp Pendleton Bachelor Enlisted Quarters--Horno (53 Area) 40,660,000 The President; Senator Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy California Camp Pendleton Bachelor Enlisted Quarters--Las Pulgas Area 34,340,000 The President; Senator Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy California Camp Pendleton Bachelor Enlisted Quarters--Pico (24 Area) 32,870,000 The President; Senator Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy California Camp Pendleton Bachelor Enlisted Quarters--Pico (24 Area) 32,260,000 The President; Senator Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy California Camp Pendleton Bachelor Enlisted Quarters--San Mateo Area 34,500,000 The President; Senator Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy California Camp Pendleton Bachelor Enlisted Quarters--Del Mar (21 34,120,000 The President; Senator Feinstein
Area)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy California Camp Pendleton Bachelor Enlisted Quarters--San Mateo Area 32,550,000 The President; Senator Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy California Camp Pendleton Bachelor Enlisted Quarters--Margarita (33 31,170,000 The President; Senator Feinstein
Area)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy California Camp Pendleton BEQ--Armory, Training Facility, SOI (52 54,730,000 The President; Senator Feinstein
Area)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy California Camp Pendleton Consolidated Comm/Elec Maintenance & Storage 10,050,000 The President; Senator Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy California Camp Pendleton Corrosion Control Water Treatment Facility 52,520,000 The President; Senator Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy California Camp Pendleton Indoor Fitness Center 12,230,000 The President; Senator Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy California Camp Pendleton Infantry Training Center 11,500,000 The President; Senator Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy California Camp Pendleton Operations Access Points, Red Beach 11,970,000 The President; Senator Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy California Camp Pendleton Regimental Maintenance Complex (Phase 3) 33,620,000 The President; Senator Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy California Camp Pendleton Special Operations Training Battle Course 22,250,000 The President; Senator Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy California El Centro Combined Child Care and Youth Center 8,900,000 The President; Senator Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy California Miramar Combat Training Tank Complex 10,820,000 The President; Senator Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy California Miramar Emergency Response Station 6,530,000 The President; Senator Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy California Miramar In-Line Fueling Station Modification 22,930,000 The President; Senator Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy California Miramar Military Working Dog Operations Center 4,800,000 The President; Senator Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy California Miramar MV-22 Wash Rack 3,690,000 The President; Senator Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy California North Island Berthing Lima Conversion 38,992,000 The President; Senator Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy California North Island Child Development Center 14,270,000 The President; Senator Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy California San Clemente Island Bachelor Enlisted Quarters 34,020,000 The President; Senator Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy California San Diego Recruit Reconditioning Facility 16,790,000 The President; Senator Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy California San Diego Recruit Support Barracks 34,430,000 The President; Senator Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy California Twentynine Palms Bachelor Enlisted Quarters 36,470,000 The President; Senator Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy California Twentynine Palms Bachelor Enlisted Quarters 36,280,000 The President; Senator Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy California Twentynine Palms BEQ and Parking Structure 51,800,000 The President; Senator Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy California Twentynine Palms Combined Arms MOUT (Phase 2) 21,000,000 The President; Senator Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Reserve California Lemoore Marine Corps Reserve Center 15,420,000 The President; Senator Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force California Edwards AFB F-35 Ramp & Security Upgrade 3,100,000 The President; Senator Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21584]]
Defense-Wide California Coronado SOF Combat Crew Training Facility 9,800,000 The President; Senator Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Defense-Wide California Tracy Depot Replace General Purpose Warehouse 41,000,000 The President; Senator Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Defense-Wide California Tracy Depot Replace Truck Entrance/Control Facility 9,300,000 The President; Senator Feinstein
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy California Monterey Education Facility 9,990,000 Mr. Farr
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force California Edwards AFB Main Base Runway Ph 4 6,000,000 Mr. McKeon; Mr. McCarthy, K.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy California North Island Training Pool Replacement 6,890,000 Ms. Davis, S.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy California Twentynine Palms Lifelong Learning Center Ph 1 9,760,000 Mr. Lewis, Jerry
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force California Travis AFB Large Crash Rescue Station 12,100,000 Senator Feinstein; Senator Boxer; Ms. Tauscher
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy California San Diego MCRD Recruit Barracks 43,200,000 House Committee on Appropriations \1\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Colorado Fort Carson Barracks & Dining Incr 1 94,000,000 The President; Senator Allard; Senator Salazar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Colorado Fort Carson Battalion Complex 45,000,000 The President; Senator Allard; Senator Salazar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Colorado Fort Carson Brigade/Battalion HQs 46,000,000 The President; Senator Allard; Senator Salazar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Colorado Fort Carson Company Operations Facilities 93,000,000 The President; Senator Allard; Senator Salazar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Colorado Fort Carson Infrastructure, BCT 69,000,000 The President; Senator Allard; Senator Salazar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Colorado Fort Carson Physical Fitness Facility 28,000,000 The President; Senator Allard; Senator Salazar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Colorado Fort Carson Unit Maintenance Facilities 15,000,000 The President; Senator Allard; Senator Salazar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Colorado Fort Carson Vehicle Maintenance Shops 84,000,000 The President; Senator Allard; Senator Salazar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Chem Demil Colorado Pueblo Depot Ammunition Demilitarization Facility Incr 10 65,060,000 The President; Senator Allard; Senator Salazar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Colorado Denver Readiness Center 9,000,000 The President; Senator Allard; Senator Salazar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Colorado Grand Junction Readiness Center 9,000,000 The President; Senator Allard; Senator Salazar;
Mr. Salazar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Colorado U.S. Air Force Academy Upgrade Academic Facility, Ph V 18,000,000 The President; Senator Allard; Senator Salazar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Defense-Wide Colorado Buckley AFB Satellite Pharmacy 3,000,000 The President; Senator Allard; Senator Salazar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Colorado Peterson AFB Land Acquisition--23 Acres 4,900,000 Senator Allard; Senator Salazar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air NG Colorado Buckley AFB Alert Crew Headquarters 4,200,000 Senator Allard; Senator Salazar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Connecticut Camp Rell Regional Training Institute 28,000,000 The President; Mr. Courtney; Senator Dodd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Connecticut East Haven KD Range Add/Alt 13,800,000 The President; Senator Dodd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Connecticut New London Pier 31 Replacement 46,060,000 The President; Mr. Courtney; Senator Dodd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air NG Connecticut Bradley IAP TFI Upgrade Engine Shop 7,200,000 Ms. DeLauro; Mr. Courtney; Mr. Larson; Mr.
Murphy, C.; Mr. Shays
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Connecticut New London Indoor Small Arms Range 11,000,000 Senator Dodd; Senator Lieberman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Delaware New Castle Army Aviation Support Facility Add/Alt 28,000,000 The President; Senator Biden
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Reserve Delaware Wilmington NOSC Portion, Armed Forces Reserve Center 11,530,000 The President; Senator Biden
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Delaware Dover AFB ADAL Physical Fitness Center 19,000,000 The President; Senator Biden; Senator Carper;
Mr. Castle
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air NG Delaware New Castle County AP TFI--Info Ops Squadron (IOS) Facility 3,200,000 The President; Senator Biden; Senator Carper;
Mr. Castle
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Defense-Wide Delaware Dover AFB Alter Fuel Storage Tank 3,373,000 The President; Senator Biden
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air NG Delaware New Castle County AP Replace C-130 Aircraft Maintenance Shops 11,600,000 Senator Biden; Senator Carper; Mr. Castle
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy District of Columbia Naval Research Lab Autonomous System Research Lab 24,220,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Florida Miami-Doral SOUTHCOM Headquarters, Incr 2 81,600,000 The President; Mr. Diaz-Balart, L.; Senator
Martinez; Senator Bill Nelson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Florida Camp Blanding Ammunition Supply Point 12,400,000 The President; Senator Martinez; Senator Bill
Nelson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Florida Jacksonville Child Development Center 12,890,000 The President; Mr. Crenshaw; Senator Martinez;
Senator Bill Nelson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Florida Jacksonville P-8A Integrated Training Center 48,220,000 The President; Senator Martinez; Senator Bill
Nelson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Florida Mayport Alpha Wharf Improvements 14,900,000 The President; Mr. Crenshaw; Senator Martinez;
Senator Bill Nelson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21585]]
Navy Florida Tampa Joint Communications Squadron Facility 29,000,000 The President; Senator Martinez; Senator Bill
Nelson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Florida Eglin AFB F-35 Student Dormitory (144 Room) 19,000,000 The President; Senator Martinez; Senator Bill
Nelson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Florida MacDill AFB SOCCENT Headquarters & Commandant Facility 21,000,000 The President; Senator Martinez; Senator Bill
Nelson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Defense-Wide Florida Eglin AFB SOF Battalion Operations Complex 40,000,000 The President; Senator Martinez; Senator Bill
Nelson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Defense-Wide Florida Hurlburt Field SOF Special Tactics Group Facility 8,900,000 The President; Senator Martinez; Senator Bill
Nelson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Defense-Wide Florida MacDill AFB SOF Add/Alter 501B (HQ SOCOM) 10,500,000 The President; Senator Martinez; Senator Bill
Nelson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Defense-Wide Florida Jacksonville Replace Fuel Storage Tanks 34,000,000 The President; Senator Martinez; Senator Bill
Nelson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Florida Tyndall AFB 325 ACS Ops Training Complex 11,600,000 Mr. Boyd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Florida Camp Blanding Regional Training Institute Ph 4 20,907,000 Mr. Young, B.; Ms. Brown, C.; Mr. Stearns;
Senator Martinez; Senator Bill Nelson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Florida MacDill AFB Combat Training Facility 5,000,000 Ms. Castor
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Florida Mayport Aircraft Refueling 3,380,000 Mr. Crenshaw
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Florida Cape Canaveral AS Satellite Operations Support Facility 8,000,000 Senator Martinez; Senator Bill Nelson; Mr.
Weldon
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Georgia Fort Benning Automated Anti-Armor Range 8,800,000 The President; Senator Chambliss; Senator
Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Georgia Fort Benning Basic 10M-25M Firing Range 1 2,400,000 The President; Senator Chambliss; Senator
Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Georgia Fort Benning Basic 10M-25M Firing Range 2 2,400,000 The President; Senator Chambliss; Senator
Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Georgia Fort Benning Basic 10M-25M Firing Range 3 2,350,000 The President; Senator Chambliss; Senator
Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Georgia Fort Benning Basic 10M-25M Firing Range 4 2,500,000 The President; Senator Chambliss; Senator
Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Georgia Fort Benning Basic 10M-25M Firing Range 5 2,500,000 The President; Senator Chambliss; Senator
Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Georgia Fort Benning Digital Multipurpose Training Range 17,500,000 The President; Senator Chambliss; Senator
Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Georgia Fort Benning Fire and Movement Range 2,450,000 The President; Senator Chambliss; Senator
Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Georgia Fort Benning Maintenance Shop 42,000,000 The President; Senator Chambliss; Senator
Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Georgia Fort Benning Modified Record Fire Range 1 4,900,000 The President; Senator Chambliss; Senator
Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Georgia Fort Benning Modified Record Fire Range 2 4,900,000 The President; Senator Chambliss; Senator
Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Georgia Fort Benning Modified Record Fire Range 3 4,500,000 The President; Senator Chambliss; Senator
Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Georgia Fort Benning Range Access Road 9,100,000 The President; Senator Chambliss; Senator
Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Georgia Fort Benning Reception Station Phase 2 39,000,000 The President; Senator Chambliss; Senator
Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Georgia Fort Benning Stationary Tank Range 6,900,000 The President; Senator Chambliss; Senator
Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Georgia Fort Benning Tactical Vehicle Wash Facility 10,800,000 The President; Senator Chambliss; Senator
Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Georgia Fort Benning Tracked Vehicle Drivers Course 16,000,000 The President; Senator Chambliss; Senator
Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Georgia Fort Benning Trainee Complex 32,000,000 The President; Senator Chambliss; Senator
Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Georgia Fort Benning Training Area Infrastructure--Osut Area 16,000,000 The President; Senator Chambliss; Senator
Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Georgia Fort Benning Training Area Infrastructure--Northern Area 13,800,000 The President; Senator Chambliss; Senator
Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Georgia Fort Benning Unit Maintenance Facilities 27,000,000 The President; Senator Chambliss; Senator
Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Georgia Fort Stewart Barracks & Dining, Incr 1 41,000,000 The President; Senator Chambliss; Senator
Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Georgia Fort Stewart Brigade Complex 30,000,000 The President; Senator Chambliss; Senator
Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Georgia Fort Stewart Brigade/Battalion HQs 36,000,000 The President; Senator Chambliss; Senator
Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Georgia Fort Stewart Child Development Center 20,000,000 The President; Senator Chambliss; Senator
Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Georgia Fort Stewart Company Operations Facilities 75,000,000 The President; Senator Chambliss; Senator
Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Georgia Fort Stewart Infrastructure 59,000,000 The President; Senator Chambliss; Senator
Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Georgia Fort Stewart Physical Fitness Facility 22,000,000 The President; Senator Chambliss; Senator
Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Georgia Fort Stewart Shoot House 2,300,000 The President; Senator Chambliss; Senator
Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Georgia Fort Stewart Vehicle Maintenance Shops 67,000,000 The President; Senator Chambliss; Senator
Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Georgia Dobbins ARB Readiness Center 45,000,000 The President; Senator Chambliss; Mr. Gingrey;
Senator Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Georgia Albany MCLB BEQ Replacement 15,320,000 The President; Senator Chambliss; Senator
Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21586]]
Navy Reserve Georgia Marietta Marine Corps Reserve Center 7,560,000 The President; Senator Chambliss; Senator
Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Georgia Robins AFB Aircraft Hangar 24,100,000 The President; Senator Chambliss; Senator
Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Defense-Wide Georgia Fort Benning Consolidated Troop Medical Clinic 3,900,000 The President; Senator Chambliss; Senator
Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Defense-Wide Georgia Augusta Regional Security Operations Center Incr IV 100,220,000 The President; Senator Chambliss; Senator
Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Defense-Wide Georgia Hunter AAF Replace Fuel Storage Tank 3,500,000 The President; Senator Chambliss; Senator
Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air NG Georgia Savannah CRTC Troop Training Quarters 7,500,000 Mr. Barrow; Senator Chambliss; Senator Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Georgia Kings Bay Add to Limited Area Reaction Force Facility 6,130,000 Mr. Kingston; Senator Chambliss; Senator Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Georgia Robins AFB Avionics Facility 5,250,000 Mr. Marshall; Senator Chambliss; Senator Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Reserve Georgia Dobbins ARB Construct New Control Tower 6,450,000 Senator Chambliss; Senator Isakson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Georgia Fort Gordon AIT Complex, Phase 1 32,000,000 House Committee on Appropriations \1\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Hawaii Schofield Barracks Barracks 42,000,000 The President; Senator Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Hawaii Schofield Barracks Battalion Complex 69,000,000 The President; Senator Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Hawaii Schofield Barracks Battalion Complex 27,000,000 The President; Senator Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Hawaii Schofield Barracks Brigade Complex 65,000,000 The President; Senator Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Hawaii Schofield Barracks Infrastructure Expansion 76,000,000 The President; Senator Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Hawaii Wahiawa Wideband SATCOM Operations Center 40,000,000 The President; Senator Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Reserve Hawaii Fort Shafter Army Reserve Center 19,199,000 The President; Senator Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Hawaii Barking Sands Advanced Radar Detection Laboratory 28,900,000 The President; Senator Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Hawaii Kaneohe Bay Bachelor Enlisted Quarters 28,200,000 The President; Senator Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Hawaii Pearl Harbor Child Development Center 29,300,000 The President; Senator Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Hawaii Pearl Harbor Fitness Center 45,000,000 The President; Senator Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Hawaii Pearl Harbor Joint Forces Deployment Staging Area FISC 5,990,000 The President; Senator Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Hawaii Pearl Harbor Sub Drive-In Magnetic Silencing Facility 41,088,000 The President; Senator Inouye
Incr 2
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Defense-Wide Hawaii Pearl Harbor Replace Fuel Pipeline 27,700,000 The President; Senator Inouye
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Hawaii Pohakuloa TA Access Road, Ph 5 30,000,000 Senator Inouye; Mr. Abercrombie; Senator Akaka
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Idaho Orchard TA Live Fire Shoot House 1,850,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Reserve Idaho Hayden Lake Army Reserve Center/OMS/Unheated Storage 9,580,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Idaho Mountain Home AFB Logistics Readiness Center 1,800,000 Senator Craig; Senator Crapo; Mr. Simpson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Illinois Great Lakes RTC Special Programs Barracks 62,940,000 The President; Senator Durbin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Defense-Wide Illinois Scott AFB USTRANSCOM Joint Intel Operations Center 13,977,000 The President; Mr. Costello; Senator Durbin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air NG Illinois Greater Peoria RAP C-130 Squadron Operations Center 400,000 Mr. LaHood; Senator Durbin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Illinois Urbana Armory Readiness Center 16,186,000 Senator Durbin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Indiana Camp Atterbury Multi Purpose Machine Gun Range 5,800,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Indiana Lawrence Readiness Center 21,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Indiana Muscatatuck Combined Arms Collective Training Facility 6,000,000 Mr. Visclosky; Mr. Hill; Senator Bayh; Senator
Ph 1 Lugar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air NG Indiana Fort Wayne IAP Aircraft Ready Shelters/Fuel Fill Stands 5,600,000 Mr. Souder
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Indiana Crane Army Ammo Act. Ready Service Magazine Complex 8,300,000 Senator Bayh; Senator Lugar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Iowa Camp Dodge MOUT Site Add/Alt 1,500,000 Mr. Boswell; Senator Harkin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Iowa Davenport Readiness Center Add/Alt 1,550,000 Mr. Braley; Senator Harkin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air NG Iowa Fort Dodge Vehicle Maintenance & Comm. Training Complex 5,600,000 Senator Harkin; Senator Grassley; Mr. Latham;
Mr. Loebsack; Mr. King, S.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Iowa Mount Pleasant Readiness Center Add/Alt 1,500,000 Mr. Loebsack; Senator Harkin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21587]]
Army Kansas Fort Riley Battalion Complex 38,000,000 The President; Senator Roberts
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Kansas Fort Riley Brigade Complex 79,000,000 The President; Senator Roberts
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Kansas Fort Riley Commissary 23,000,000 The President; Senator Roberts
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Kansas Fort Riley Rail Siding 15,000,000 The President; Senator Roberts
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Reserve Kansas Dodge City Army Reserve Center/Land 8,100,000 The President; Mr. Moran, Jerry; Senator Roberts
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Kansas Fort Leavenworth Chapel Complex Ph 2 4,200,000 Ms. Boyda; Senator Brownback
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Kansas Fort Riley Fire Station 3,000,000 Ms. Boyda; Senator Brownback; Senator Roberts
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Kansas McConnell AFB MXG Consolidation & Forward Logistics Center 6,800,000 Mr. Tiahrt; Senator Brownback
Ph 2
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air NG Kansas Smoky Hill ANG Range Smoky Hill Range Support Facility 7,100,000 Senator Brownback; Mr. Moran, Jerry
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Chem Demil Kentucky Blue Grass Depot Ammunition Demilitarization Facility Incr 9 67,218,000 The President; Senator McConnell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Chem Demil Kentucky Blue Grass Depot Defense Access Road 12,000,000 The President; Senator McConnell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Kentucky Fort Campbell Battalion Complex 37,000,000 The President; Senator McConnell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Kentucky Fort Campbell Child Development Center 8,600,000 The President; Senator McConnell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Kentucky Fort Campbell Training Support Center 15,513,000 The President; Senator McConnell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Kentucky Fort Campbell Unit Maintenance Facilities 47,000,000 The President; Senator McConnell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Defense-Wide Kentucky Fort Campbell Medical/Dental Clinic 24,000,000 The President; Senator McConnell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Defense-Wide Kentucky Fort Campbell SOF Tactical Equipment Shop 15,000,000 The President; Senator McConnell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Defense-Wide Kentucky Fort Campbell New Elementary School 21,400,000 The President; Senator McConnell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Kentucky Fort Campbell School Age Services Center 10,000,000 Senator McConnell; Senator Bunning; Senator
Alexander; Senator Corker; Mr. Wamp; Mr.
Tanner; Mr. Whitfield
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Kentucky London Aviation Operations Facility Ph III 7,191,000 Mr. Rogers, H.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Kentucky Fort Campbell Installation Chapel Center 630,000 Senator McConnell; Senator Bunning; Senator
Alexander; Senator Corker; Mr. Wamp; Mr.
Tanner; Mr. Whitfield
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Louisiana Fort Polk Unit Operations Facilities 29,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Louisiana Barksdale AFB Security Forces Complex 14,600,000 Senator Landrieu; Senator Vitter; Mr. Alexander;
Mr. McCrery
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Maine Bangor Regional Training Institute Ph 1 20,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Maine Portsmouth NSY Dry Dock 3 Waterfront Support Facility 1,450,000 Mr. Allen; Ms. Shea-Porter; Senator Collins;
Senator Snowe; Senator Gregg; Senator Sununu
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Maine Portsmouth NSY Dry Dock 3 Waterfront Support Facility 20,660,000 Senator Collins; Senator Snowe; Senator Gregg;
Senator Sununu; Mr. Allen; Ms. Shea-Porter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Maine Portsmouth NSY Consolidated Global Sub Component Ph 1 9,980,000 Ms. Shea-Porter; Senator Collins; Senator Snowe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Maryland Edgewood Army Aviation Support Facility Add/Alt 28,000,000 The President; Senator Mikulski; Senator Cardin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Maryland Salisbury Readiness Center Add/Alt 9,800,000 The President; Senator Mikulski; Senator Cardin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Reserve Maryland Baltimore Army Reserve Center 11,600,000 The President; Senator Mikulski; Senator Cardin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Maryland Indian Head Sewage Treatment Plant Upgrades 13,930,000 The President; Senator Cardin; Mr. Hoyer;
Senator Mikulski
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Maryland Suitland National Maritime Intel Center Incr 12,439,000 The President; Senator Mikulski; Senator Cardin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Maryland Andrews AFB Admin Facility Addition 28,000,000 The President; Senator Mikulski; Senator Cardin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Maryland Andrews AFB NCR Relocation--Admin Facility 49,648,000 The President; Senator Mikulski; Senator Cardin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Defense-Wide Maryland Aberdeen PG USAMRICD Replacement, Incr I 23,750,000 The President; Senator Mikulski; Senator Cardin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Defense-Wide Maryland Fort Detrick USAMRIID Stage I, Incr III 209,000,000 The President; Senator Mikulski; Senator Cardin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Defense-Wide Maryland Fort Meade NSAW Campus Utility Chilled Water Backup 19,100,000 The President; Senator Mikulski; Senator Cardin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Defense-Wide Maryland Fort Meade NSAW South Campus Stormwater Management 11,900,000 The President; Senator Mikulski; Senator Cardin
System
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Maryland Carderock RDTE Support Facility Ph I 6,980,000 Mr. Van Hollen; Senator Cardin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Maryland Dundalk Readiness Center 579,000 Mr. Ruppersberger; Senator Cardin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Maryland Indian Head Energetics Systems & Tech Lab Complex Ph I 12,050,000 Mr. Hoyer; Senator Mikulski; Senator Cardin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air NG Maryland Martin State Airport Replace Fire Station 7,900,000 Mr. Bartlett; Mr. Ruppersberger; Mr. Sarbanes;
Senator Cardin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Massachusetts Methuen Readiness Center Add/Alt (ADRS) 21,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Reserve Massachusetts Fort Devens Shoot House 1,900,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21588]]
Air NG Massachusetts Otis ANGB TFI Digital Ground Station FOC Beddown 1,700,000 Mr. Delahunt; Mr. Olver; Senator Kennedy;
Senator Kerry
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air NG Massachusetts Otis ANGB Digital Ground Station 14,300,000 Senator Kennedy; Senator Kerry; Mr. Delahunt;
Mr. Olver
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Reserve Massachusetts Westover ARB Joint Service Lodging Facility 943,000 Mr. Olver; Mr. Neal
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Reserve Michigan Saginaw Army Reserve Center/Land 11,500,000 The President; Senator Levin; Senator Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Michigan Camp Grayling Live Fire Shoot House 2,000,000 Mr. Knollenberg; Mr. Stupak; Senator Levin;
Senator Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Michigan Camp Grayling Urban Assault Course 2,000,000 Mr. Knollenberg; Mr. Stupak; Senator Levin;
Senator Stabenow
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Michigan Camp Grayling Infantry Squad Battle Course 2,000,000 Senator Levin; Senator Stabenow; Mr.
Knollenberg; Mr. Stupak
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Michigan Camp Grayling Barracks Replacement, Ph 1 16,943,000 Senator Levin; Senator Stabenow; Mr.
Knollenberg; Mr. Stupak
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Michigan Detroit Arsenal Access Control Point 6,100,000 Senator Levin; Senator Stabenow; Mr. Levin, S.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Minnesota Arden Hills Readiness Center 15,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Minnesota Arden Hills Infrastructure Improvements 1,005,000 Ms. McCollum; Senator Coleman; Senator Klobuchar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air NG Minnesota Duluth Replace Fuel Cell Hangar 4,500,000 Senator Coleman; Senator Klobuchar; Mr. Oberstar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air NG Minnesota Minneapolis-St. Paul IAP Aircraft Deicing Apron 1,500,000 Mr. Ellison; Senator Coleman; Senator Klobuchar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Mississippi Gulfport 25 Naval Construction Regiment HQ Facility 6,900,000 The President; Senator Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Mississippi Columbus AFB Child Development Center 8,100,000 The President; Senator Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Mississippi Gulfport Battalion Maintenance Facility 5,870,000 Mr. Taylor; Senator Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Mississippi Meridian NAS Fitness Center 6,340,000 Senator Cochran; Senator Wicker; Mr. Pickering
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Mississippi Keesler AFB Indoor Firing Range 6,600,000 Senator Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air NG Mississippi Gulfport-Biloxi IAP Relocate Munitions Storage Complex 3,400,000 Senator Wicker
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Missouri Fort Leonard Wood Training Support Center 18,500,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Missouri Fort Leonard Wood Urban Assault Course 2,350,000 The President; Senator Bond
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Reserve Missouri Weldon Springs Army Reserve Center 11,700,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Defense-Wide Missouri Fort Leonard Wood Primary Care Clinic Addition/Alteration 22,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Missouri Fort Leonard Wood Wastewater Treatment Plant 7,400,000 Mr. Skelton
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Missouri Whiteman AFB Security Forces Animal Clinic 4,200,000 Mr. Skelton
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Missouri Fort Leonard Wood Chapel Complex 3,500,000 Mr. Skelton
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Missouri Fort Leonard Wood Mine Detection Training Facility and K-9 10,800,000 Senator Bond
Kennel
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Missouri Fort Leonard Wood Soldier Readiness Processing Center 648,000 Senator Bond
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Montana Malmstrom AFB Upgrade Weapons Storage Area, Ph 1 10,000,000 Senator Baucus; Senator Tester
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Reserve Nevada Las Vegas Army Reserve Center 33,900,000 The President; Senator Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Nevada Creech AFB UAS 432 Wing HQ Mission Support Facility 7,000,000 The President; Senator Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Nevada Creech AFB UAS Dining Hall 9,000,000 The President; Senator Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Nevada Creech AFB UAS Flight Simulator & Academics Facility 9,800,000 The President; Senator Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Nevada Creech AFB UAS Main Gate/Sewer Transfer Facility/Infra. 6,500,000 The President; Senator Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Nevada Creech AFB UAS Operations Facility 16,200,000 The President; Senator Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Nevada Nellis AFB F-16 Aggressor Hangar/Aircraft Maintenance 30,800,000 The President; Senator Reid
Unit
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Nevada Nellis AFB F-16 Aggressor Squadron Ops/Infrastructure 17,500,000 The President; Senator Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Nevada Nellis AFB F-35 Airfield Pavements 5,000,000 The President; Senator Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Nevada Nellis AFB Airfield Fire Rescue Station 9,800,000 Senator Reid; Senator Ensign
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Nevada Elko Readiness Center 11,375,000 Senator Reid; Senator Ensign; Mr. Heller
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Nevada Las Vegas Field Maintenance Shop 2,058,000 Senator Reid; Senator Ensign; Ms. Berkley
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21589]]
Army NG Nevada N. Nevada Mil. Dept. Paint Booth 1,500,000 Senator Reid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Reserve New Jersey Fort Dix Modified Record Fire Range 3,825,000 The President; Senator Lautenberg; Senator
Menendez; Mr. Saxton
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy New Jersey Lakehurst Advanced Arresting Gear Test Site 15,440,000 The President; Senator Lautenberg; Senator
Menendez; Mr. Saxton
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air NG New Jersey Atlantic City IAP Operations and Training Facility 8,400,000 Mr. LoBiondo; Senator Lautenberg; Senator
Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force New Jersey McGuire AFB Security Forces Operations Facility Ph 1 7,200,000 Mr. Saxton; Senator Lautenberg; Senator Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army New Jersey Picatinny Arsenal Ballistic Evaluation Facility Ph 1 9,900,000 Mr. Frelinghuysen; Senator Lautenberg; Senator
Menendez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy New Jersey Earle NWS Main Gate Security Improvements 8,160,000 Senator Lautenberg; Senator Menendez; Mr. Smith,
C.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force New Mexico Holloman AFB F-22 Alter Hangar for LO/CRF 14,500,000 The President; Senator Bingaman; Senator
Domenici
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force New Mexico Holloman AFB F-22A ADAL Aircraft Maintenance Unit 1,050,000 The President; Senator Bingaman; Senator
Domenici
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force New Mexico Holloman AFB F-22A ADAL Flight Simulator Facility 3,150,000 The President; Senator Bingaman; Senator
Domenici
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force New Mexico Holloman AFB F-22A ADAL Jet Engine Maintenance Shop 2,150,000 The President; Senator Bingaman; Senator
Domenici
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force New Mexico Holloman AFB F-22A Aerospace Ground Equipment Facility 4,600,000 The President; Senator Bingaman; Senator
Domenici
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Defense-Wide New Mexico Cannon AFB SOF Maintenance Hangar 18,100,000 The President; Senator Bingaman; Senator
Domenici; Mr. Udall, T.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Defense-Wide New Mexico Kirtland AFB Replace Fuel Storage Tanks 14,400,000 The President; Senator Bingaman; Senator
Domenici
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Defense-Wide New Mexico Cannon AFB CV-22 Flight Simulator Facility 8,300,000 Senator Domenici; Senator Bingaman; Mr. Udall,
T.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force New Mexico Holloman AFB F-22A Consolidated Munitions Maintenance 495,000 Senator Domenici; Senator Bingaman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army New York Fort Drum Brigade Complex-Barracks 29,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army New York Fort Drum Brigade Complex-Barracks 24,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army New York Fort Drum Unit Maintenance Facilities 37,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army New York U.S. Military Academy Science Facility, Ph 1 67,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG New York Fort Drum Maneuver Area Training Equipment Site Ph 3 11,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG New York Queensbury Field Maintenance Shop 5,900,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Reserve New York Kingston Army Reserve Center/Land 13,494,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Reserve New York Shoreham Add/Alt Army Reserve Center 15,031,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Reserve New York Staten Island Army Reserve Center 18,550,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air NG New York Hancock Field TFI--Reaper IOC/FOC Beddown 5,000,000 The President; Mr. Walsh
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air NG New York Gabreski Airport Replace Pararescue Ops Facility Ph 2 7,500,000 Mr. Ackerman; Mr. Bishop, T.; Senator Clinton;
Mr. Israel; Mr. King, P.; Ms. McCarthy, C.;
Senator Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army New York Fort Drum Replace Fire Station 6,900,000 Mr. McHugh; Senator Schumer; Senator Clinton
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Reserve New York Niagara Falls ARS Dining Facility/Community Center 9,000,000 Ms. Slaughter; Senator Schumer; Senator Clinton
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air NG New York Hancock Field Upgrade ASOS Facilities 5,400,000 Mr. Walsh
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army North Carolina Fort Bragg Access Roads Ph 1 13,200,000 The President; Senator Burr; Mr. Hayes; Mr.
McIntyre
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army North Carolina Fort Bragg Access Roads Ph 1 (Additional Funds) 8,600,000 Mr. Hayes; Mr. McIntyre
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army North Carolina Fort Bragg Training Support Center 20,500,000 The President; Mr. Hayes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army North Carolina Fort Bragg Utility Upgrade (Camp Mackall) 3,200,000 The President; Mr. Hayes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Reserve North Carolina Raleigh Army Reserve Center/Land 25,581,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy North Carolina Camp Lejeune Bachelor Enlisted Quarters--Camp Johnson 38,230,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy North Carolina Camp Lejeune Bachelor Enlisted Quarters--Camp Johnson 23,760,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy North Carolina Camp Lejeune Bachelor Enlisted Quarters--French Creek 33,960,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy North Carolina Camp Lejeune Bachelor Enlisted Quarters--Hadnot Point 39,890,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy North Carolina Camp Lejeune Bachelor Enlisted Quarters--Hadnot Point 39,320,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy North Carolina Camp Lejeune Bachelor Enlisted Quarters--Courthouse Bay 35,890,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy North Carolina Camp Lejeune Bachelor Enlisted Quarters--Hadnot Point 42,950,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy North Carolina Camp Lejeune Child Development Center 13,960,000 The President; Senator Burr; Senator Dole
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy North Carolina Camp Lejeune Consolidated Mess Hall--Hadnot Point (200 25,000,000 The President
Area)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21590]]
Navy North Carolina Camp Lejeune Infantry Platoon Battle Course--SR1 18,250,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy North Carolina Camp Lejeune Mess Hall--Hadnot Point (400 Area) 21,660,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy North Carolina Camp Lejeune Mod K-Ranges (Phase 2) 20,220,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy North Carolina Cherry Point 2nd MAW Command Operations Facility 30,480,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy North Carolina Cherry Point Bachelor Enlisted Quarters 30,100,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy North Carolina Cherry Point Engineering Product Support Facility 16,840,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy North Carolina New River Aircraft Parking Apron Addition 6,830,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy North Carolina New River Bachelor Enlisted Quarters 36,740,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy North Carolina New River Bachelor Enlisted Quarters--MCAS 25,620,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy North Carolina New River Enlisted Dining Facility 17,090,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Defense-Wide North Carolina Fort Bragg SOF Expand Training Compound 14,200,000 The President; Mr. Hayes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Defense-Wide North Carolina Fort Bragg SOF Headquarters Facility 14,600,000 The President; Mr. Hayes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Defense-Wide North Carolina Fort Bragg SOF Security/Force Protection 4,150,000 The President; Mr. Hayes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Defense-Wide North Carolina Fort Bragg SOF Training Facility 5,300,000 The President; Mr. Hayes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Defense-Wide North Carolina Fort Bragg New Elementary School 28,170,000 The President; Mr. Hayes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Defense-Wide North Carolina Fort Bragg New Intermediate School (Irwin) 27,945,000 The President; Mr. Hayes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Defense-Wide North Carolina Fort Bragg New Middle School 22,356,000 The President; Mr. Hayes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG North Carolina Camp Butner Training Complex 1,376,000 Mr. Miller, B.; Senator Burr
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army North Carolina Fort Bragg Mass Casualty Facility 1,300,000 Mr. Etheridge
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army North Carolina Fort Bragg Chapel 11,600,000 Mr. McIntyre
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force North Carolina Seymour Johnson AFB Consolidated Support Center 12,200,000 Senator Burr; Senator Dole; Mr. Butterfield
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Defense-Wide North Carolina Camp Lejeune Hospital Renovation & MRI addition 57,900,000 House Committee on Appropriations \1\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force North Dakota Grand Forks AFB Fire Station 13,000,000 Senator Dorgan; Senator Conrad; Mr. Pomeroy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air NG North Dakota Hector Field Combat Arms Training Simulator/Maintenance 1,500,000 Senator Dorgan; Senator Conrad
Facility
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Ohio Camp Perry Barracks 2,000,000 Ms. Kaptur; Mr. Latta; Senator Brown; Senator
Voinovich
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Ohio Ravenna Barracks 2,000,000 Mr. Ryan, T.; Ms. Sutton; Senator Brown; Senator
Voinovich
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air NG Ohio Springfield-Beckley ANGB Combat Communications Training Complex 1,100,000 Senator Brown; Senator Voinovich; Mr. Hobson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air NG Ohio Springfield-Beckley ANGB Combat Communications Training Complex 12,800,000 Mr. Hobson; Senator Brown; Senator Voinovich
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Ohio Wright-Patterson AFB Security Forces Operations Facility 14,000,000 Mr. Turner; Senator Brown; Senator Voinovich
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air NG Ohio Rickenbacker ANGB Security Gate 1,600,000 Senator Brown
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air NG Ohio Youngstown ARS Joint Services Lodging Facility 900,000 Senator Brown; Senator Voinovich; Mr. Ryan, T.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Oklahoma Fort Sill Training Complex Upgrade 63,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Oklahoma Tinker AFB Aircraft Maintenance Hangar 48,600,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Res Oklahoma Tinker AFB AFR Scheduled Maintenance Hangar 9,900,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Defense-Wide Oklahoma Tinker AFB Medical/Dental Clinic Replacement 65,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Defense-Wide Oklahoma Altus AFB Replace Fuel Storage Dikes 2,850,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Oklahoma McAlester AAP AP3 Connecting Rail 5,800,000 Mr. Boren; Senator Inhofe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Oklahoma Tinker AFB Realign Air Depot Street 5,400,000 Mr. Cole; Senator Inhofe
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Oklahoma Altus AFB Consol Digital Airport Surveill Radar/Rapcon 10,200,000 Senator Inhofe
Fac.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Oregon The Dalles Readiness Center 682,000 Senator Wyden; Senator Smith; Mr. Walden
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Oregon Dallas Armory Readiness Center 1,681,000 Senator Wyden; Senator Smith; Ms. Hooley
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21591]]
Army Pennsylvania Carlisle Barracks Museum Support Facility 13,400,000 The President; Senator Casey; Senator Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Pennsylvania Tobyhanna Depot Electronics Maintenance Shop 15,000,000 The President; Senator Casey; Mr. Kanjorski;
Senator Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Reserve Pennsylvania Letterkenny Depot Army Reserve Center 14,914,000 The President; Senator Casey; Mr. Shuster;
Senator Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Pennsylvania Philadelphia Full Scale Electric Test Drive Facility 22,020,000 The President; Senator Casey; Senator Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Defense-Wide Pennsylvania Philadelphia Convert Warehouse to Admin Space 1,200,000 The President; Senator Casey; Senator Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Pennsylvania Honesdale Readiness Center Add/Alt 6,117,000 Mr. Carney
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Pennsylvania Honesdale Readiness Center Add/Alt 504,000 Mr. Carney
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Pennsylvania Pittsburgh Combined Support Maintenance Shop 3,250,000 Mr. Murtha; Mr. Murphy, T.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Pennsylvania Letterkenny Depot Upgrade Munition Igloos Phase 2 7,500,000 Senator Casey; Mr. Shuster; Senator Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Pennsylvania Fort Indiantown Gap Combat Vehicle Training Facility 620,000 Senator Casey; Senator Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Pennsylvania York Readiness Center 880,000 Senator Casey; Senator Specter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Rhode Island Newport Fitness Facility 29,900,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Rhode Island Newport Unmanned ASW Support Facility 9,900,000 Mr. Kennedy, P.; Senator Reed
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air NG Rhode Island Quonset State Airport Replace Control Tower 600,000 Mr. Langevin; Senator Reed
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air NG Rhode Island Quonset State Airport Construct Air Traffic Control Tower 7,700,000 Senator Reed; Mr. Langevin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Rhode Island North Kingstown Army Aviation Support Facility 5,000,000 Senator Reed; Mr. Langevin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Rhode Island Newport Submarine Payloads Integration Laboratory 750,000 Senator Reed; Mr. Kennedy, P.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army South Carolina Fort Jackson Training Complex Upgrade 30,000,000 The President; Senator Graham
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG South Carolina Anderson Readiness Center 12,000,000 The President; Senator Graham
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG South Carolina Beaufort Readiness Center 3,400,000 The President; Senator Graham
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG South Carolina Eastover Joint Forces Headquarters 28,000,000 The President; Senator Graham
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy South Carolina Beaufort MCAS EOD/Ordnance Operations Facility 5,940,000 The President; Senator Graham
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy South Carolina Parris Island Third Recruit Training Battalion (Phase 2) 36,400,000 The President; Senator Graham
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy South Carolina Parris Island Third Recruit Training Bn Complex (Phase 3) 28,350,000 The President; Senator Graham
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force South Carolina Charleston AFB C-17 Flight Simulator Addition 4,500,000 The President; Mr. Brown; Senator Graham
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG South Carolina Hemingway Field Maintenance Shop Ph 1 4,600,000 Mr. Clyburn
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG South Carolina Sumter Readiness Center 382,000 Mr. Clyburn
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force South Carolina Shaw AFB Physical Fitness Center 9,900,000 Senator Graham; Mr. Spratt
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG South Dakota Rapid City Armed Forces Reserve Center 29,000,000 The President; Senator Johnson; Senator Thune
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air NG South Dakota Joe Foss Field Aircraft Ready Shelters/AMU 4,500,000 Ms. Herseth Sandlin; Senator Johnson; Senator
Thune
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force South Dakota Ellsworth AFB Base Entry and Perimeter Gates 11,000,000 Senator Johnson; Ms. Herseth Sandlin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG South Dakota Rapid City Barracks/Dining/Admin and Parking Complex Ph 14,463,000 Senator Johnson; Senator Thune; Ms. Herseth
1 Sandlin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air NG South Dakota Joe Foss Field Conventional Munitions Shop 1,900,000 Senator Johnson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Reserve Tennessee Chattanooga Army Reserve Center 10,600,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Tennessee Tullahoma Readiness Center 10,372,000 Mr. Wamp; Mr. Davis, L.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air NG Tennessee Knoxville (McGhee-Tyson AP) Replace Squadron Operations 8,000,000 Senator Alexander; Senator Corker; Mr. Wamp; Mr.
Duncan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Texas Corpus Christi Dynamic Component Rebuild Facility 39,000,000 The President; Senator Hutchison; Mr. Ortiz
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Texas Fort Bliss Barracks & Dining 148,000,000 The President; Senator Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Texas Fort Bliss Barracks & Dining 148,000,000 The President; Senator Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Texas Fort Bliss Battalion Complex 34,000,000 The President; Senator Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Texas Fort Bliss Brigade/Battalion HQs 44,000,000 The President; Senator Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Texas Fort Bliss Brigade/Battalion HQs 44,000,000 The President; Senator Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Texas Fort Bliss Chapel 9,000,000 The President; Senator Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Texas Fort Bliss Company Operations Facilities, BCT 90,000,000 The President; Senator Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21592]]
Army Texas Fort Bliss Company Operations Facilities, BCT1 90,000,000 The President; Senator Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Texas Fort Bliss Digital Multipurpose Range Complex 42,000,000 The President; Senator Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Texas Fort Bliss Infrastructure, IBCT1 98,000,000 The President; Senator Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Texas Fort Bliss Infrastructure, IBCT2 100,000,000 The President; Senator Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Texas Fort Bliss Training Support Center 12,600,000 The President; Senator Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Texas Fort Bliss Unit Maintenance Facilities 10,200,000 The President; Senator Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Texas Fort Bliss Vehicle Maintenance Shops 81,000,000 The President; Senator Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Texas Fort Bliss Vehicle Maintenance Shops 81,000,000 The President; Senator Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Texas Fort Hood Unit Maintenance Facilities 32,000,000 The President; Mr. Edwards; Senator Hutchison;
Mr. Carter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Texas Fort Sam Houston Trainee Barracks Complex 96,000,000 The President; Senator Hutchison; Mr. Smith, L.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Texas Red River Depot Manuever Systems Sustainment Center, Phase 1 6,900,000 The President; Senator Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Reserve Texas Sinton Army Reserve Center 9,700,000 The President; Senator Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Texas Fort Hood TACP Joint Air Ground Center 10,800,000 The President; Mr. Edwards; Senator Hutchison;
Mr. Carter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Texas Lackland AFB BMT Recruit Dormitory 75,515,000 The President; Senator Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Defense-Wide Texas Fort Sam Houston Medical Instruction Facility 13,000,000 The President; Senator Hutchison; Mr. Smith, L.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Reserve Texas Bryan Army Reserve Center 920,000 Mr. Edwards
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Texas Camp Bullis Live Fire Shoot House 4,200,000 Mr. Rodriguez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air NG Texas Ellington Field ASOS Facility 7,600,000 Mr. Lampson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Texas Fort Hood Chapel with Education Center 17,500,000 Mr. Edwards; Mr. Carter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Texas Lackland AFB Security Forces Building Ph 1 900,000 Senator Cornyn; Mr. Gonzalez; Senator Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Texas Laughlin AFB Student Officer Quarters Ph 2 1,440,000 Mr. Rodriguez
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Texas Randolph AFB Fire and Rescue Station 972,000 Senator Cornyn; Mr. Cuellar; Senator Hutchison
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Texas Corpus Christi Parking Apron Recapitalization Ph 1 3,500,000 Mr. Ortiz
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Texas Fort Bliss Medical Parking Garage Ph 1 12,500,000 Mr. Reyes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air NG Texas Fort Worth NAS JRB Security Forces Training Facility 5,000,000 Ms. Granger
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Texas Kingsville Fitness Center 11,580,000 Mr. Ortiz
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Texas Dyess AFB Multipurpose C-130 Maintenance Hangar 21,000,000 Senator Hutchison; Senator Cornyn; Mr.
Neugebauer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Texas Sheppard AFB Centralized Administrative Processing Center 1,314,000 Senator Hutchison; Senator Cornyn
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Texas Goodfellow AFB Joint Intelligence Technical Training 1,656,000 Senator Hutchison; Senator Cornyn
Facility
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Texas Laredo Readiness Center Addition/Alteration 1,165,000 Mr. Cuellar
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Texas Fort Sam Houston AIT Barracks 47,000,000 House Committee on Appropriations \1\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Defense-Wide Texas Fort Bliss Hospital Replacement 52,835,000 House Committee on Appropriations \1\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Utah Camp Williams Ammunition Supply Point 17,500,000 The President; Senator Hatch
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Utah Hill AFB F-22A Heavy Maint. Fac. & Composite Back 36,000,000 The President; Senator Hatch
Shop
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Defense-Wide Utah Hill AFB Hydrant Fuel System 20,400,000 The President; Senator Hatch
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Utah Hill AFB Three-Bay Fire Station 5,400,000 Senator Bennett; Mr. Bishop, R.; Senator Hatch
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air NG Vermont Burlington IAP Security Forces and Communications Facility 6,600,000 The President; Senator Leahy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Vermont Ethan Allen Range Readiness Center 323,000 Mr. Welch; Senator Leahy; Senator Sanders
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Vermont Ethan Allen Range Readiness Center 10,200,000 Senator Leahy; Senator Sanders; Mr. Welch
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Vermont Westminster TS Westminster Zero Range 1,789,000 Senator Leahy; Senator Sanders
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Virginia Fort Belvoir Emergency Services Center 7,200,000 The President; Mr. Moran, James; Senator Warner;
Senator Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21593]]
Army Virginia Fort Eustis Unit Operations Facilities 14,400,000 The President; Senator Warner; Senator Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Virginia Fort Lee Dining Facility 10,600,000 The President; Mr. Forbes; Senator Warner;
Senator Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Virginia Fort Lee Trainee Barracks Complex 90,000,000 The President; Mr. Forbes; Senator Warner;
Senator Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Virginia Fort Myer Barracks 14,000,000 The President; Mr. Moran, James; Senator Warner;
Senator Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Virginia Arlington Arlington Hall Readiness Center PH2 15,500,000 The President; Mr. Moran, James; Senator Warner;
Senator Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Virginia Fort Pickett Multi Purpose Machine Gun Range 2,950,000 The President; Mr. Forbes; Senator Warner;
Senator Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Virginia Norfolk Child Development Center 10,500,000 The President; Senator Warner; Senator Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Virginia Norfolk Norfolk Harbor Channel Dredging 42,830,000 The President; Senator Warner; Senator Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Virginia Quantico Aircraft Maintenance Hangar, Type II 27,750,000 The President; Senator Warner; Senator Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Virginia Quantico Aircraft Parking Apron (Greenside) 36,280,000 The President; Senator Warner; Senator Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Virginia Quantico Infrastructure--Russell Road (Phase 1) 7,450,000 The President; Senator Warner; Senator Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Virginia Quantico Instruction Facility Addition--TBS 6,350,000 The President; Senator Warner; Senator Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Virginia Quantico Instruction Facility TBS (Phase 1) 25,200,000 The President; Senator Warner; Senator Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Virginia Quantico Mess Hall--OCS 13,750,000 The President; Senator Warner; Senator Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Virginia Quantico Student Quarters--TBS (Phase 3) 27,530,000 The President; Senator Warner; Senator Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Reserve Virginia Norfolk EODMU 10 Operations Facility 8,170,000 The President; Senator Warner; Senator Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Reserve Virginia Williamsburg Ordnance Handling Cargo Ops Training Support 12,320,000 The President; Senator Warner; Senator Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Defense-Wide Virginia Pentagon Pentagon Athletic Center Phase 2 6,967,000 The President; Mr. Moran, James; Senator Warner;
Senator Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Defense-Wide Virginia Pentagon PFPA HAZMAT Facility 16,401,000 The President; Mr. Moran, James; Senator Warner;
Senator Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Defense-Wide Virginia Pentagon Raven Rock West Power Plant 15,572,000 The President; Senator Warner; Senator Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Defense-Wide Virginia Dam Neck SOF Operational Facility Incr II 31,000,000 The President; Senator Warner; Senator Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Defense-Wide Virginia Fort Story SOF Small Arms Range 11,600,000 The President; Senator Warner; Senator Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Defense-Wide Virginia Craney Island Replace Fuel Storage Tanks 39,900,000 The President; Senator Warner; Senator Webb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Virginia Fort Belvoir Readiness Center and NGB Conference Center 1,085,000 Mr. Moran, James
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Virginia Fort Myer Hatfield Gate Expansion 300,000 Mr. Moran, James
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Virginia Fort Eustis Vehicle Paint Facility 3,900,000 Mr. Scott, R.; Mr. Wittman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Virginia Norfolk NS Fire and Emergency Services Station 9,960,000 Ms. Drake
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Virginia Norfolk NSY Industrial Access Improvements, Main Gate 15 9,990,000 Mr. Forbes; Mr. Scott, R.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Virginia Quantico OCS Headquarters Facility 5,980,000 Senator Warner; Senator Webb; Mr. Wittman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Virginia Fort Eustis Training Support Center, Ph 1 13,600,000 Senator Warner; Senator Webb; Mr. Scott, R.; Mr.
Wittman
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Washington Fort Lewis Battalion Complex 54,000,000 The President; Senator Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Washington Fort Lewis Battalion Complex 47,000,000 The President; Senator Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Washington Fort Lewis Brigade Complex 30,000,000 The President; Senator Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Washington Fort Lewis Brigade Complex, Incr 3 102,000,000 The President; Senator Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Washington Fort Lewis Child Development Center 27,000,000 The President; Senator Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG Washington Fort Lewis Aviation Readiness Center 32,000,000 The President; Senator Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Reserve Washington Seattle Army Reserve Center 37,500,000 The President; Senator Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Washington Bangor Limited Area Production & Storage Complex 50,700,000 The President; Senator Murray
Incr V
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Washington Whidbey Island Hangar 5 Recapitalization (Incr) 34,000,000 The President; Senator Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Washington McChord AFB C-17 ADAL Flight Simulator 5,500,000 The President; Senator Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Defense-Wide Washington Fort Lewis SOF Ranger Battalion Complex 38,000,000 The President; Senator Murray
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Washington Kitsap NB Saltwater Cooling & Fire Protection 5,110,000 Mr. Dicks
Improvements
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air NG Washington McChord AFB 262 Info Warfare Aggressor Squadron Facility 8,600,000 Senator Murray; Senator Cantwell; Mr. Smith, A.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Washington Whidbey Island Firefighting Facility 6,160,000 Mr. Larsen
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21594]]
Army NG Washington Fairchild AFB Hangar 1001 Improvement 766,000 Senator Murray; Senator Cantwell
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG West Virginia Camp Dawson Shoot House 2,000,000 Mr. Mollohan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG West Virginia Camp Dawson Access Control Point 2,000,000 Mr. Mollohan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG West Virginia Camp Dawson Multi-Purpose Building Ph 2 5,000,000 Mr. Mollohan
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air NG West Virginia Yeager AP, Charleston Fuel System/Corrosion Control Hangar 27,000,000 Senator Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army NG West Virginia Kenova Tri-State Armory Addition 2,000,000 Senator Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air NG West Virginia Martinsburg AB C-5 Taxiway Upgrade 850,000 Senator Byrd
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Reserve Wisconsin Fort McCoy Auto Qualification Training Range 4,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air NG Wisconsin Truax Field Communications & Audio Visual Training 6,300,000 Senator Kohl
Facility
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Wyoming F.E. Warren AFB Renovate Historic Dormitory 8,600,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air NG Wyoming Cheyenne MAP TFI--C-130 Squadron Operations Facility 7,000,000 The President; Ms. Cubin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Wyoming F.E. Warren AFB Missile Service Complex 810,000 Senator Enzi; Senator Barrasso; Ms. Cubin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Afghanistan Bagram AB Bulk Fuel Storage & Supply, Phase 8 26,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Afghanistan Bagram AB Bulk Fuel Storage & Supply, Phase 5 22,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Afghanistan Bagram AB SOF HQ Complex 19,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Afghanistan Bagram AB C-130 Maintenance Hangar 27,400,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Afghanistan Bagram AB Cargo Handling Area Expansion 8,800,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Afghanistan Bagram AB Refueler Ramp 21,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Diego Garcia Diego Garcia Wharf Upgrade and Warehouse 35,060,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Djibouti Camp Lemonier Aircraft Maintenance Hangar 12,830,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Djibouti Camp Lemonier Aircraft Parking Apron 15,250,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Djibouti Camp Lemonier Telcom Facility 3,330,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Germany Katterbach Aircraft/Vehicle Maintenance Complex 19,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Germany Wiesbaden Command and Battle Center, Increment I 59,500,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army FH Germany Wiesbaden Family Housing Replacement 32,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army FH Germany Wiesbaden AB Family Housing Replacement 10,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army FH Germany Wiesbaden AB Family Housing Replacement 32,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army FH Germany Wiesbaden AB Family Housing Replacement 27,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Defense-Wide Germany Germersheim Logistics Distribution Center Europe 48,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Greece Souda Bay Fuel Storage Tanks and Pipeline Replacement 8,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Guam Andersen AFB Combat Communications Maintenance Facility 5,200,000 The President; Ms. Bordallo
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Guam Guam NB Bachelor Enlisted Quarters, Main Base 62,360,000 The President; Ms. Bordallo
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Guam Guam NB Kilo Wharf Extension 50,912,000 The President; Ms. Bordallo
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Guam Guam NB Wastewater Collection System & Upgrade 26,070,000 The President; Ms. Bordallo
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Defense-Wide Guam Guam NH Central Utility Plant 30,000,000 The President; Ms. Bordallo
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Guam Andersen AFB ISR/STF Realign Arc Light Boulevard 5,400,000 Ms. Bordallo
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Guantanamo Bay Guantanamo Bay Consolidated Fitness Complex 20,600,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy FH Guantanamo Bay Guantanamo Bay Replace Bargo Housing 21,435,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy FH Guantanamo Bay Guantanamo Bay Replace Granadillo Circle Housing 15,846,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy FH Guantanamo Bay Guantanamo Bay Replace Granadillo Point Housing 22,662,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Italy Vicenza Brigade Complex-Barracks/Community, Incr 2 15,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21595]]
Army Italy Vicenza Brigade Complex-Operations Support Fac, Incr 15,000,000 The President
2
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Japan Camp Zama Sensitive Compartmented Information Facility 2,350,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Japan Sagamihara Battle Command Training Center 17,500,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army Korea Camp Humphreys Vehicle Maintenance Shop 20,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army FH Korea Camp Humphreys Family Housing New Construction 125,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Kyrgyzstan Manas AB Hot Cargo Pad 6,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Defense-Wide Qatar Al Udeid SOF Training Range 9,200,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force United Kingdom RAF Lakenheath Large Vehicle Inspection Station 7,400,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force FH United Kingdom RAF Lakenheath Replace Family Housing (182 Units) 71,828,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Worldwide Classified Special Evaluation Project 891,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Worldwide Unspecified UAS Field Training Unit Ops Complex 15,500,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Worldwide Unspecified UAS Field Training Unit Maintenance Complex 22,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force Worldwide Unspecified STRATCOM Replacement Facility Design 10,000,000 Senator Ben Nelson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Defense-Wide Worldwide Unspecified BMDS-European Interceptor Site 42,600,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Defense-Wide Worldwide Unspecified BMDS-European Midcourse Radar Site 108,560,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Worldwide Unspecified Data Center 35,000,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy Worldwide Unspecified Joint Operations & Support Complex, Phase 1 17,800,000 The President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air Force France Marnes-La-Coquette Lafayette Escadrille Memorial (Admin. 500,000 Senator Landrieu; Mr. Lewis, Jerry
Provision)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The House Committee on Appropriations learned through hearings, site visits, and Department of Defense briefings that trainee and recruit facilities and medical treatment facilities are
two high priority areas in great need of additional funds. The projects included were identified by the Department as projects of high priority and were not included at the request of
Members of Congress.
VETERANS AFFAIRS
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Account State Location Project Amount Requester(s)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Construction, Major Colorado Denver New Medical Facility $20,000,000 The President; Senator Allard; Senator
Projects Salazar; Mr. Perlmutter
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Construction, Major Florida Bay Pines Inpatient/Outpatient Improvements 17,430,000 The President; Senator Martinez; Senator
Projects Bill Nelson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Construction, Major Florida Lee County Outpatient Clinic 111,412,000 The President; Senator Martinez; Senator
Projects Bill Nelson
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Construction, Major Florida Orlando New Medical Facility 120,000,000 The President; Senator Martinez; Senator
Projects Bill Nelson; Ms. Brown, C.; Mr. Weldon
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Construction, Major Massachusetts Massachusetts National Cemetery Gravesite Expansion and Cemetery 20,500,000 The President; Senator Kennedy; Senator
Projects Improvements Kerry
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21596]]
Construction, Major Missouri St. Louis Medical Facility Improvements and Cemetery 5,000,000 The President; Senator Bond
Projects Expansion
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Construction, Major New York Calverton National Cemetery Gravesite Expansion and Cemetery 29,000,000 The President; Senator Clinton; Senator
Projects Improvements Schumer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Construction, Major Puerto Rico Puerto Rico National Cemetery Gravesite Expansion and Cemetery 33,900,000 The President
Projects Improvements
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Construction, Major Puerto Rico San Juan Seismic Corrections Building 64,400,000 The President
Projects
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21597]]
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[[Page 21598]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.262
[[Page 21599]]
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[[Page 21600]]
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[[Page 21601]]
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[[Page 21602]]
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[[Page 21603]]
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[[Page 21604]]
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[[Page 21605]]
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[[Page 21606]]
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[[Page 21607]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.271
[[Page 21608]]
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[[Page 21609]]
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[[Page 21610]]
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[[Page 21611]]
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[[Page 21615]]
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[GRAPHIC] [TIFF OMITTED] TH24SE08.280
[[Page 21617]]
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[[Page 21618]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.282
[[Page 21619]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.283
[[Page 21620]]
[GRAPHIC] [TIFF OMITTED] TH24SE08.284
[[Page 21621]]
____________________
EXECUTIVE COMMUNICATIONS, ETC.
Under clause 8 of rule XII, executive communications were taken from
the Speaker's table and referred as follows:
8579. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Flubendiamide; Pesticide Tolerances
[EPA-HQ-OPP-2007-0099; FRL-8360-2] received August 11, 2008,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Agriculture.
8580. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Thifensulfuron Methyl; Pesticide
Tolerances [EPA-HQ-OPP-2007-0564; FRL-8374-4] received August
11, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Agriculture.
8581. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Tebuconazole; Pesticide Tolerances
[EPA-HQ-OPP-2005-0097; FRL-8376-2] received August 11, 2008,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Agriculture.
8582. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Tribenuron Methyl; Pesticide
Tolerances [EPA-HQ-OPP-2007-0565; FRL-8374-5] received August
11, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Agriculture.
8583. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Bacillus subtilis GB03; Exemption from
the Requirement of a Tolerance [EPA-HQ-OPP-2007-1020; FRL-
8378-5] received August 27, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
8584. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Fenbuconazole; Pesticide Tolerances
[EPA-HQ-OPP-2007-0987; FRL-8376-4] received August 27, 2008,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Agriculture.
8585. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Dichlobenil; Pesticide Tolerances
[EPA-HQ-OPP-2007-0604; FRL-8377-7] received August 27, 2008,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Agriculture.
8586. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Acetic acid ethenyl ester, polymer
with sodium 2-methyl-2-[(1-oxo-2-propen-1-yl) amino -1-
propanesulfonate (1:1), hydrolyzed; Tolerance Exemption [EPA-
HQ-OPP-2008-0475; FRL-8380-1] received September 9, 2008,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Agriculture.
8587. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Bacillus thuringiensis Cry2Ae in
Cotton; Temporary Exemption from the Requirement of a
Tolerance [EPA-HQ-OPP-2007-0573; FRL-8380-1] received
September 9, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Agriculture.
8588. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Spiromesifen; Pesticide Tolerances
[EPA-HQ-OPP-2008-0262; FRL-8379-8] received September 9,
2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Agriculture.
8589. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Benfluralin, Carbaryl, Diazinon,
Dicrotophos, Fluometuron, Formetanate Hydrochloride,
Glyphosate, Metolachlor, Napropamide, Norflurazon, Pyrazon,
and Tau-Fluvalinate; Tolerance Actions [EPA-HQ-OPP-2007-1170;
FRL-8379-3] received September 9, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
8590. A letter from the Deputy Director, Defense Security
Cooperation Agency, transmitting notification concerning the
Department of the Navy's proposed Letter(s) of Offer and
Acceptance to Australia for defense articles and services
(Transmittal No. 08-80), pursuant to 22 U.S.C. 2776(b); to
the Committee on Armed Services.
8591. A letter from the Vice Admiral, USN Director, Defense
Security Cooperation Agency, transmitting notification
concerning the Department of the Air Force's Proposed
Letter(s) of Offer and Acceptance to Germany for defense
articles and services (Transmittal No. 08-59), pursuant to 22
U.S.C. 2776(b); to the Committee on Armed Services.
8592. A letter from the Vice Admiral, USN Director, Defense
Security Cooperation Agency, transmitting notification
concerning the Department of the Air Force's Proposed
Letter(s) of Offer and Acceptance to Italy for defense
articles and services (Transmittal No. 08-60), pursuant to 22
U.S.C. 2776(b); to the Committee on Armed Services.
8593. A letter from the Director, Congressional Budget
Office, transmitting the Office's study entitled, ``U.S.
Policy Regarding Pandemic-Influenza Vaccines''; to the
Committee on Energy and Commerce.
8594. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Approval and Promulgation of Air
Quality Implementation Plans; Pennsylvania; Section
110(a)(1)8-Hour Ozone Maintenance Plan and 2002 Base-Year
Inventory for the Schuylkill County Area [EPA-R03-OAR-2008-
0189; FRL-8702-1] received August 11, 2008, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Energy and Commerce.
8595. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Approval and Promulgation of
Implementation Plans for Arizona; Maricopa County PM-10
Nonattainment Area; Serious Area Plan for Attainment fo the
24-Hour and Annual PM-10 Standards [EPA-R09-OAR-2006-0571;
FRL-8703-3] received August 11, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Energy and Commerce.
8596. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Delegation of National Emission
Standards for Hazardous Air Pollutants for Source Categories;
State of Arizona, Arizona Department of Environmental
Quality, Pima County Department of Environmental Quality
[EPA-R09-OAR-2008-0555; FRL-8701-7] received August 11, 2008,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy
and Commerce.
8597. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Approval and Promulgation of Air
Quality Implementation Plans; State of Utah; Revised
Transportation Conformity Consultation Process, and Approval
of Related Revisions [EPA-R08-OAR-2008 -0340; FRL-8700-7]
received August 27, 2008, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Energy and Commerce.
8598. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Approval and Promulgation of Air
Quality Implementation Plans; Maryland; NOx and SO2 Emissions
Limitations for Fifteen Coal-Fired Electric Generating Units
[EPA-R03-OAR-2007-1001; FRL-8709-7] received August 27, 2008,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy
and Commerce.
8599. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Revisions to the California State
Implementation Plan, Antelope Valley Air Quality Management
District [EPA-R09-OAR-2006-0714, FRL-8701-4] received August
27, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Energy and Commerce.
8600. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Approval and Promulgation of
Implementation Plans and Operating Permits Program; State of
Missouri [EPA-R07-OAR-2008-0614; FRL-8713-8] received
September 9, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Energy and Commerce.
8601. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Department's final rule -- Approval and Promulgation of
Implementation Plans Alabama: Volatile Organic Compounds and
Open Burning [EPA-R04-OAR-2008-0593-200818a; FRL-8714-7]
received September 9, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Energy and Commerce.
8602. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Approval and Promulgation of
Implementation Plans; Florida: Removal of Gasoline Vapor
Recovery from Southeast Florida Areas. [EPA-R04-OAR-2007-
0836-200739(a); FRL-8714-8] received September 9, 2008,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy
and Commerce.
8603. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Approval and Promulgation of Air
Quality Implementation Plans; Louisiana; Approval of Section
110(a)(1) Maintenance Plan for the 1997 8-Hour Ozone Standard
for the New Orleans Ozone Maintenance Area [EPA-R06-OAR-2007-
0603; FRL-8713-6] received September 9, 2008, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Energy and Commerce.
8604. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Approval and Promulgation of Air
Quality Implementation Plans; Maryland; Amendments to the
Control of Incinerators [ [EPA-R03-OAR-2005-MD- 0013]; FRL-
8714-5] received September 9, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Energy and Commerce.
8605. A letter from the Director, Regulatory Management
Division, Environmental
[[Page 21622]]
Protection Agency, transmitting the Agency's final rule --
Approval and Promulgation of Air Quality Implementation
Plans; Michigan; PSD Regulations [EPA-R05-OAR-2007-1043; FRL-
8714-1] received September 9, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Energy and Commerce.
8606. A letter from the Vice Admiral, USN Director, Defense
Security Cooperation Agency, transmitting notification
concerning the Department of the Army's Proposed Letter(s) of
Offer and Acceptance to the United Arab Emirates for defense
articles and services (Transmittal No. 08-26), pursuant to 22
U.S.C. 2776(b); to the Committee on Foreign Affairs.
8607. A letter from the Vice Admiral, USN Director, Defense
Security Cooperation Agency, transmitting notification
concerning the Department of the Army's Proposed Letter(s) of
Offer and Acceptance to the United Arab Emirates for defense
articles and services (Transmittal No. 08-19), pursuant to 22
U.S.C. 2776(b); to the Committee on Foreign Affairs.
8608. A letter from the Vice Admiral, USN Director, Defense
Security Cooperation Agency, transmitting notification
concerning the Department of the Air Force's Proposed
Letter(s) of Offer and Acceptance to the United Arab Emirates
for defense articles and services (Transmittal No. 08-16),
pursuant to 22 U.S.C. 2776(b); to the Committee on Foreign
Affairs.
8609. A letter from the Vice Admiral, USN Director, Defense
Security Cooperation Agency, transmitting notification
concerning the Department of the Army's Proposed Letter(s) of
Offer and Acceptance to the United Arab Emirates for defense
articles and services (Transmittal No. 08-66), pursuant to 22
U.S.C. 2776(b); to the Committee on Foreign Affairs.
8610. A letter from the Vice Admiral, USN Director, Defense
Security Cooperation Agency, transmitting notification
concerning the Department of the Air Force's Proposed
Letter(s) of Offer and Acceptance to Israel for defense
articles and services (Transmittal No. 08-82), pursuant to 22
U.S.C. 2776(b); to the Committee on Foreign Affairs.
8611. A letter from the Vice Admiral, USN Director, Defense
Security Cooperation Agency, transmitting notification
concerning the Department of the Army's Proposed Letter(s) of
Offer and Acceptance to the United Arab Emirates for defense
articles and services (Transmittal No. 08-79), pursuant to 22
U.S.C. 2776(b); to the Committee on Foreign Affairs.
8612. A letter from the Vice Admiral, USN Director, Defense
Security Cooperation Agency, transmitting notification
concerning the Department of the Army's Proposed Letter(s) of
Offer and Acceptance to Saudia Arabia for defense articles
and services (Transmittal No. 08-75), pursuant to 22 U.S.C.
2776(b); to the Committee on Foreign Affairs.
8613. A letter from the Vice Admiral, USN Director, Defense
Security Cooperation Agency, transmitting notification
concerning the Department of the Army's Proposed Letter(s) of
Offer and Acceptance to Egypt for defense articles and
services (Transmittal No. 08-72), pursuant to 22 U.S.C.
2776(b); to the Committee on Foreign Affairs.
8614. A letter from the Vice Admiral, USN Director, Defense
Security Cooperation Agency, transmitting notification
concerning the Department of the Navy's Proposed Letter(s) of
Offer and Acceptance to India for defense articles and
services (Transmittal No. 08-71), pursuant to 22 U.S.C.
2776(b); to the Committee on Foreign Affairs.
8615. A letter from the Vice Admiral, USN Director, Defense
Security Cooperation Agency, transmitting notification
concerning the Department of the Army's Proposed Letter(s) of
Offer and Acceptance to Egypt for defense articles and
services (Transmittal No. 08-64), pursuant to 22 U.S.C.
2776(b); to the Committee on Foreign Affairs.
8616. A letter from the Vice Admiral, USN Director, Defense
Security Cooperation Agency, transmitting notification
concerning the Department of the Army's Proposed Letter(s) of
Offer and Acceptance to Israel for defense articles and
services (Transmittal No. 08-62), pursuant to 22 U.S.C.
2776(b); to the Committee on Foreign Affairs.
8617. A letter from the Vice Admiral, USN Director, Defense
Security Cooperation Agency, transmitting notification
concerning the Department of the Army's Proposed Letter(s) of
Offer and Acceptance to Jordan for defense articles and
services (Transmittal No. 08-97), pursuant to 22 U.S.C.
2776(b); to the Committee on Foreign Affairs.
8618. A letter from the Vice Admiral, USN Director, Defense
Security Cooperation Agency, transmitting notification
concerning the Department of the Navy's Proposed Letter(s) of
Offer and Acceptance to Israel for defense articles and
services (Transmittal No. 08-87), pursuant to 22 U.S.C.
2776(b); to the Committee on Foreign Affairs.
8619. A letter from the Vice Admiral, USN Director, Defense
Security Cooperation Agency, transmitting notification
concerning the Department of the Navy's Proposed Letter(s) of
Offer and Acceptance to Finland for defense articles and
services (Transmittal No. 08-85), pursuant to 22 U.S.C.
2776(b); to the Committee on Foreign Affairs.
8620. A letter from the Vice Admiral, USN Director, Defense
Security Cooperation Agency, transmitting notification
concerning the Department of the Army's Proposed Letter(s) of
Offer and Acceptance to Egypt for defense articles and
services (Transmittal No. 08-84), pursuant to 22 U.S.C.
2776(b); to the Committee on Foreign Affairs.
8621. A letter from the Vice Admiral, USN Director, Defense
Security Cooperation Agency, transmitting notification
concerning the Department of the Air Force's Proposed
Letter(s) of Offer and Acceptance to Kuwait for defense
articles and services (Transmittal No. 08-36), pursuant to 22
U.S.C. 2776(b); to the Committee on Foreign Affairs.
8622. A letter from the Principal Deputy Assistant Attorney
General, Review Panel on Prison Rape, Department of Justice,
transmitting the Panel's 2007 annual report on prison rape,
pursuant to 42 U.S.C. 15603(c), section 4(c)(1)(A); to the
Committee on the Judiciary.
8623. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Flight Simulation Training Device Initial and Continuing
Qualification and Use [Docket No. FAA-2002-12461; Amendment
No. 60-3] (RIN: 2120-AJ12) received September 19, 2008,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
8624. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; APEX Aircraft Model CAP 10 B
Airplanes [Docket No. FAA-2008-0536; Directorate Identifier
2008-CE-030-AD; Amendment 39-15595; AD 2008-13-32] (RIN:
2120-AA64) received September 19, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
8625. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; MD Helicopters, Inc. Model 396A,
OH-6A, 369D, 369E, 369F, 369FF, 369H, 369HE, 369HM, and 369HS
Helicopters [Docket No. FAA-2008-0287; Directorate Identifier
2006-SW-15-AD; Amendment 39-15615; AD 2008-15-03] (RIN: 2120-
AA64) received September 19, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
8626. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; Bell Helicopter Textron Canada
(BHTC) Model 430 Helicopters [Docket No. FAA-2007-0177;
Directorate Identifier 2007-SW-19-AD; Amendment 39-15616; AD
2008-15-04] (RIN: 2120-AA64) received September 19, 2008,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
8627. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; Bell Helicopter Textron Canada
(BHTC) Model 222, 222B, and 222U Helicopters [Docket No. FAA-
2007-0178; Directorate Identifier 2007-SW-20-AD; Amendment
39-15622; AD 2008-16-04] (RIN: 2120-AA64) received September
19, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Transportation and Infrastructure.
8628. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; Boeing Model 727 Airplanes [Docket
No. FAA-2007-0223; Directorate Identifier 2007-NM-156-AD;
Amendment 39-15652; AD 2008-17-14] (RIN: 2120-AA64) received
September 19, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
8629. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; Airbus Model A318, A319, A320, and
A321 Series Airplanes Equipped with Certain Northrop Grumman
(formerly Litton) Air Data Inertial Reference Units [Docket
No. FAA-2008-0046; Directorate Identifier 2007-NM-270-AD;
Amendment 39-15650; AD 2008-17-12] (RIN: 2120-AA64) received
September 19, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
8630. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; Empresa Brasileira de Aeronautica
S.A. (EMBRAER) Model ERJ 170 Airplanes and Model ERJ 190
Airplanes [Docket No. FAA-2007-27785; Directorate Identifier
2006-NM-267-AD; Amendment 39-15649; AD 2008-17-11] (RIN:
2120-AA64) received September 19, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
8631. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; Boeing Model 707 Airplanes, and
Model 720 and 720B Series Airplanes [Docket No. FAA-2008-
0523; Directorate Identifier 2008-NM-049-AD; Amendment 39-
15648; AD 2008-17-10] (RIN: 2120-AA64) received September 19,
2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
8632. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; Boeing Model 747 Airplanes [Docket
No. FAA-2008-0148; Directorate Identifier 2007-NM-299-AD;
Amendment 39-15655;
[[Page 21623]]
AD 2008-17-17] (RIN: 2120-AA64) received September 19, 2008,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
8633. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; McDonnell Douglas Model DC-10-10
and DC-10-10F Airplanes, Model DC-10-15 Airplanes, Model DC-
10-30 and DC-10-30F (KC-10A and KDC-10) Airplanes, Model DC-
10-40 and DC-10-40F Airplanes, Model MD-10-10F and MD-10-30F
Airplanes, and Model MD-11 and MD-11F Airplanes [Docket No.
FAA-2007-27339; Directorate Identifier 2006-NM-280-AD;
Amendment 39-15654; AD 2008-17-16] (RIN: 2120-AA64) received
September 19, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
8634. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; Boeing Model 737-600, -700, -800,
and -900 Series Airplanes [Docket No. FAA-2008-0621;
Directorate Identifier 2008-NM-015-AD; Amendment 39-15653; AD
2008-17-15] (RIN: 2120-AA64) received September 19, 2008,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
8635. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; BAE Systems (Operations) Limited
(Jetstream) Model 4101 Airplanes [Docket No. FAA-2008-0622;
Directorate Identifier 2008-NM-064-AD; Amendment 39-15642; AD
2008-17-04] (RIN: 2120-AA64) received September 19, 2008,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
8636. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; Bombardier Model DHC-8-400 Series
Airplanes [Docket No. FAA-2008-0864; Directorate Identifier
2008-NM-120-AD; Amendment 39-15644; AD 2008-17-06] (RIN:
2120-AA64) received September 19, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
8637. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- NPDES Voluntary Permit Fee Incentive
for Clean Water Act Section 106 Grants; Allotment Formula
[EPA-HQ-OW-2006-0765; FRL-8712-7] (RIN: 2040-AE99) received
September 9, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
____________________
REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as
follows:
Mr. SMITH of New Jersey: Committee on Foreign Affairs. H.R.
3202. A bill to amend the Foreign Service Act of 1980 to
extend comparability pay adjustments to members of the
Foreign Service assigned to posts abroad, and to amend the
provision relating to the death gratuity payable to surviving
dependents of Foreign Service employees who die as a result
of injuries sustained in the performance of duty abroad; with
an amendment (Rept. 110-877 Pt. 1). Ordered to be printed.
Mr. OBERSTAR: Committee on Transportation and
Infrastructure. S. 3009. An act to designate the Federal
Bureau of Investigation building under construction in Omaha,
Nebraska, as the ``J. James Exon Federal Bureau of
Investigation Building'' (Rept. 110-878). Referred to the
House Calendar.
Mr. ARCURI: Committee on Rules. House Resolution 1490.
Resolution waiving a requirement of clause 6(a) of rule XIII
with respect to consideration of certain resolutions reported
from the Committee on Rules (Rept. 110-879). Referred to the
House Calendar.
Mr. CARDOZA: Committee on Rules. House Resolution 1491.
Resolution providing for consideration of motions to suspend
the rules, and for other purposes (Rept. 110-880). Referred
to the House Calendar.
Mr. PETERSON of Minnesota: Committee on Agriculture. H.R.
6849. A bill to amend the commodity provisions of the Food,
Conservation, and Energy Act of 2008 to permit producers to
aggregate base acres and reconstitute farms to avoid the
prohibition on receiving direct payments, counter-cyclical
payments, or average crop revenue election payments when the
sum of the base acres of a farm is 10 acres or less, and for
other purposes; with an amendment (Rept. 110-881). Referred
to the Committee of the Whole House on the State of the
Union.
Mr. RAHALL: Committee on Natural Resources. H.R. 1497. A
bill to amend the Lacey Act Amendments of 1981 to extend its
protections to plants illegally harvested outside of the
United States, and for other purposes; with an amendment
(Rept. 110-882. Referred to the Committee of the Whole House
on the State of the Union.
DISCHARGE OF COMMITTEE
Pursuant to clause 2 of rule XII the Committee on Oversight and
Government Reform discharged from further consideration. H.R. 3202
referred to the Committee of the Whole House on the State of the Union.
____________________
PUBLIC BILLS AND RESOLUTIONS
Under clause 2 of rule XII, public bills and resolutions were
introduced and severally referred, as follows:
By Mr. BARTON of Texas (for himself, Mr. Sullivan, Mr.
Conaway, Mr. Hall of Texas, Mr. Terry, Mr. Sessions,
Mr. McCaul of Texas, Mr. Culberson, and Mr. Upton):
H.R. 7032. A bill to improve interagency coordination and
cooperation in the processing of Federal permits for
production of domestic oil and gas resources; to the
Committee on Natural Resources.
By Mr. SCOTT of Virginia (for himself, Mr. LoBiondo,
and Mr. LaTourette):
H.R. 7033. A bill to provide safeguards with respect to the
Federal Bureau of Investigation criminal background checks
prepared for employment purposes, and for other purposes; to
the Committee on the Judiciary.
By Mr. LARSON of Connecticut:
H.R. 7034. A bill to change the date for regularly
scheduled general elections for Federal office to both the
Saturday and Sunday after the first Friday in November, and
for other purposes; to the Committee on House Administration.
By Ms. SHEA-PORTER (for herself, Mr. Ramstad, Mr.
Ruppersberger, Mr. Crowley, and Mr. Davis of
Alabama):
H.R. 7035. A bill to amend the Internal Revenue Code of
1986 to increase the exclusion for employer-provided
dependent care assistance; to the Committee on Ways and
Means.
By Mrs. BOYDA of Kansas (for herself, Mr. Weiner, Mr.
Rodriguez, Mr. Israel, Mr. Carson, Mr. Ryan of Ohio,
and Ms. Shea-Porter):
H.R. 7036. A bill to amend the Internal Revenue Code of
1986 to modify the dependent care credit to take into account
expenses for care of parents and grandparents who do not live
with the taxpayer; to the Committee on Ways and Means.
By Mr. BISHOP of Georgia:
H.R. 7037. A bill to amend the Public Health Service Act to
authorize the Secretary of Health and Human Services to make
grants to each State health department for community action
teams to promote healthier lifestyles through physical
activity and good nutrition and thereby prevent obesity and
chronic disease, and for other purposes; to the Committee on
Energy and Commerce.
By Mr. RYAN of Wisconsin:
H.R. 7038. A bill to establish a Health Care Services
Commission to enhance the quality, appropriateness, and
effectiveness of health care services, and access to such
services, through the establishment of a broad base of
scientific research and through the promotion of improvements
in clinical practice and in the organization, financing, and
delivery of health care services; to the Committee on Energy
and Commerce, and in addition to the Committee on Ways and
Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Ms. ROS-LEHTINEN (for herself, Mr. Boehner, Mr.
Blunt, Mr. McCotter, Mr. Fortuno, Mr. Wilson of South
Carolina, Mr. Kirk, and Mr. Royce):
H.R. 7039. A bill to approve the United States-India
Agreement for Cooperation on Peaceful Uses of Nuclear Energy,
and for other purposes; to the Committee on Foreign Affairs,
and in addition to the Committee on Rules, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. KUCINICH (for himself, Ms. Eddie Bernice Johnson
of Texas, Mr. McGovern, Ms. Lee, Mrs. Christensen,
Mr. Grijalva, and Mr. Gonzalez):
H.R. 7040. A bill to amend the Help America Vote Act of
2002 to ensure that individuals who reside in a jurisdiction
in a residence subject to foreclosure proceedings may
continue to vote in elections for Federal office held in the
jurisdiction, and for other purposes; to the Committee on
House Administration.
By Mr. CARNEY (for himself, Mr. McIntyre, Mr. Pallone,
Mr. Holden, Mr. Bachus, Mr. Butterfield, Mr. Fattah,
Mr. Payne, Ms. Schwartz, Mr. Altmire, Mr. Doyle, and
Mr. Cohen):
H.R. 7041. A bill to authorize the Secretary of Homeland
Security to award grants on a competitive basis to regional
biocontainment laboratories for maintaining surge capacity
that can be used to respond to acts of bioterrorism or
outbreaks of infectious diseases, and for other purposes; to
the Committee on Energy and Commerce, and in addition to the
Committee on Homeland Security, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. CAZAYOUX:
H.R. 7042. A bill to amend the Omnibus Crime Control and
Safe Streets Act of 1968 to
[[Page 21624]]
provide adequate benefits for public safety officers injured
or killed in the line of duty, and for other purposes; to the
Committee on the Judiciary, and in addition to the Committee
on Ways and Means, for a period to be subsequently determined
by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. CAZAYOUX:
H.R. 7043. A bill to amend the Internal Revenue Code of
1986 to provide for expensing of installing underground
electric lines within the Hurricane Gustav disaster area, and
for other purposes; to the Committee on Ways and Means, and
in addition to the Committee on Energy and Commerce, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. ENGLISH of Pennsylvania (for himself and Mr.
Brady of Texas):
H.R. 7044. A bill to amend the Internal Revenue Code of
1986 to allow a temporary dividends received deduction for
taxable years beginning in 2008 or 2009; to the Committee on
Ways and Means.
By Ms. ESHOO (for herself and Ms. Ginny Brown-Waite of
Florida):
H.R. 7045. A bill to amend the Public Health Service Act to
provide for a Pancreatic Cancer Initiative, and for other
purposes; to the Committee on Energy and Commerce.
By Mr. FARR:
H.R. 7046. A bill to authorize the Secretary of Veterans
Affairs to construct a new community-based outpatient clinic
at Ord Military Community, California; to the Committee on
Veterans' Affairs.
By Mr. GALLEGLY:
H.R. 7047. A bill to authorize the conveyance of certain
National Forest System lands in the Los Padres National
Forest in California; to the Committee on Natural Resources.
By Mr. HINCHEY:
H.R. 7048. A bill to provide additional housing assistance
for certain individuals and households adversely affected by
a major disaster; to the Committee on Transportation and
Infrastructure.
By Mr. HOLT:
H.R. 7049. A bill to establish the National Commission on
the Anthrax Attacks Upon the United States to examine and
report upon the facts and causes relating to the anthrax
letter attacks of September and October 2001, and investigate
and report to the President and Congress on its findings,
conclusions, and recommendations for corrective measures that
can be taken to prevent and respond to acts of bioterrorism;
to the Committee on the Judiciary.
By Mr. INSLEE (for himself, Mr. Sarbanes, Mr. Hinchey,
Ms. Bordallo, Ms. Matsui, Ms. McCollum of Minnesota,
Ms. Sutton, and Mr. Grijalva):
H.R. 7050. A bill to create a 21st Century Civilian Energy
Conservation Corps focused on promoting and improving the
energy conservation and efficiency of residential and public
buildings and spaces, creating economic opportunity for
disconnected youth, and for other purposes; to the Committee
on Energy and Commerce.
By Mr. MARKEY (for himself, Mr. Delahunt, Mr. Frank of
Massachusetts, Mr. Tierney, Mr. McGovern, Mr.
Capuano, Ms. Tsongas, Mr. Allen, Mr. Hinchey, Mr.
Olver, Mr. Langevin, Ms. Shea-Porter, Mr. Welch of
Vermont, and Mr. Hodes):
H.R. 7051. A bill to prohibit issuance of any lease or
other authorization by the Federal Government that authorizes
exploration, development, or production of oil or natural gas
in any marine national monument or national marine sanctuary
or in the fishing grounds known as Georges Bank in the waters
of the United States; to the Committee on Natural Resources.
By Mrs. McMORRIS RODGERS (for herself, Ms. Castor, Mr.
Carson, Ms. Norton, and Mr. Reichert):
H.R. 7052. A bill to direct the Secretary of Education to
provide grants to local educational agencies to conduct
demonstration projects to screen the blood pressure of
children in kindergarten through grade 6; to the Committee on
Education and Labor.
By Mr. NADLER:
H.R. 7053. A bill to amend title 49, United States Code, to
expand and improve transit training programs; to the
Committee on Transportation and Infrastructure.
By Mr. PAUL:
H.R. 7054. A bill to ensure that a private for-profit
nursing home affected by a major disaster receives the same
reimbursement as a public nursing home affected by a major
disaster; to the Committee on Transportation and
Infrastructure.
By Mr. PAUL:
H.R. 7055. A bill to amend the Internal Revenue Code of
1986 to allow individuals either a credit against income tax
or a deduction for expenses paid or incurred by reason of a
voluntary or mandatory evacuation; to the Committee on Ways
and Means.
By Mr. PRICE of North Carolina (for himself, Mr. Holt,
Mr. Larson of Connecticut, Mr. McGovern, Mr. Olver,
Mr. Watt, Mr. Miller of North Carolina, Mr.
Blumenauer, Ms. DeLauro, and Mr. Hinchey):
H.R. 7056. A bill to improve United States capabilities for
gathering human intelligence through the effective
interrogation and detention of terrorist suspects and for
bringing terrorists to justice through effective prosecution
in accordance with the principles and values set forth in the
Constitution and other laws; to the Committee on Armed
Services, and in addition to the Committees on the Judiciary,
Foreign Affairs, and Intelligence (Permanent Select), for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. RODRIGUEZ:
H.R. 7057. A bill to establish a liaison with the Federal
Bureau of Investigation in United States Citizenship and
Immigration Services to expedite naturalization applications
filed by members of the Armed Forces and to establish a
deadline for processing such applications; to the Committee
on the Judiciary.
By Mr. SCHIFF (for himself, Mr. Skelton, Mr. Honda, Ms.
Matsui, Mr. Abercrombie, Mr. Costa, and Mr. Farr):
H.R. 7058. A bill to grant the congressional gold medal,
collectively, to the 100th Infantry Battalion and the 442nd
Regimental Combat Team, United States Army, in recognition of
their dedicated service during World War II; to the Committee
on Financial Services, and in addition to the Committee on
House Administration, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. TANCREDO:
H.R. 7059. A bill to require the sale of certain defense
articles and defense services to Taiwan; to the Committee on
Foreign Affairs.
By Mr. LARSON of Connecticut:
H.J. Res. 99. A joint resolution proposing an amendment to
the Constitution of the United States concerning the election
of the Members of the House of Representatives; to the
Committee on the Judiciary.
By Mr. BURGESS (for himself and Mr. Gonzalez):
H. Con. Res. 425. Concurrent resolution expressing the
sense of Congress regarding the need to pass meaningful
legislation to protect commercial and government data from
data breaches; to the Committee on Science and Technology,
and in addition to the Committee on Oversight and Government
Reform, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Ms. WATERS (for herself, Mr. Clyburn, Mr. Hastings
of Florida, Mr. Cleaver, Mr. Al Green of Texas, Mr.
Butterfield, Mr. Thompson of Mississippi, Mr.
Peterson of Minnesota, Mr. Jackson of Illinois, Mr.
Lewis of Georgia, Mr. Davis of Illinois, Mr.
Kucinich, Mr. Payne, Ms. Schakowsky, Ms. Clarke, Mr.
Cohen, Ms. Corrine Brown of Florida, Mr. Perlmutter,
Ms. Kaptur, Mr. Hare, Mr. Skelton, Mr. Dicks, Ms.
Jackson-Lee of Texas, Mrs. Tauscher, Mr. Delahunt,
Mr. Moran of Virginia, Mrs. Maloney of New York, Ms.
Lee, Ms. Velazquez, Mr. Scott of Virginia, Mr. Welch
of Vermont, Mrs. Capps, Mr. Crowley, Mr. Engel, Mr.
Serrano, Ms. Pelosi, Mr. Holt, Mr. Shimkus, Mr. Farr,
Mr. Weiner, Mr. Capuano, Mr. Olver, Mr. Kind, Mr.
Jefferson, Ms. Norton, Mr. Grijalva, Mr. McDermott,
Ms. Bordallo, Mr. Wu, Mr. Towns, Mrs. Christensen,
Mr. Carson, and Mr. Hinchey):
H. Con. Res. 426. Concurrent resolution recognizing the
10th anniversary of the establishment of the Minority AIDS
Initiative; to the Committee on Energy and Commerce.
By Mr. NADLER (for himself, Mr. Waxman, Ms. Lee, Mr.
Shays, and Mr. Crowley):
H. Con. Res. 427. Concurrent resolution expressing the
sense of Congress that ensuring the availability of adequate
housing is an essential component of an effective strategy
for the prevention and treatment of HIV and the care of
individuals with HIV; to the Committee on Financial Services.
By Mr. ROTHMAN (for himself, Mr. Burton of Indiana, Ms.
Berkley, Mr. Engel, Mr. Israel, and Mrs. Tauscher):
H. Con. Res. 428. Concurrent resolution expressing the
sense of Congress that the United Nations should take
immediate steps to improve the transparency and
accountability of the United Nations Relief and Works Agency
for Palestinian Refugees (UNRWA) in the Near East to ensure
that it is not providing funding, employment, or other
support to terrorists; to the Committee on Foreign Affairs.
By Mr. OBERSTAR:
H. Res. 1492. A resolution providing for agreement by the
House of Representatives to the Senate amendment to the bill,
H.R. 2095, with an amendment; considered and agreed to.
By Mr. SPACE (for himself and Mr. Jones of North
Carolina):
H. Res. 1493. A resolution expressing the sense of the
House of Representatives that
[[Page 21625]]
there should be established a National Voter Awareness Week;
to the Committee on House Administration.
By Mr. SMITH of Texas (for himself, Mr. Capuano, Mr.
Tom Davis of Virginia, Mr. Goodlatte, Mr. Kildee, Mr.
Dreier, Mr. Hoyer, Mr. Shays, Mr. Frank of
Massachusetts, Mr. Neal of Massachusetts, Mr. Berman,
Mr. Calvert, Mr. Lewis of California, Mr. Inglis of
South Carolina, Mr. Shimkus, Mr. Hoekstra, Mr.
Shadegg, Mr. Carter, Mr. Hinojosa, Mr. Brady of
Texas, Mr. Culberson, Mr. Wolf, Mr. Cohen, Mr. Young
of Alaska, Mr. Rohrabacher, Mr. Coble, Mr. Petri, Mr.
McKeon, Mr. Davis of Kentucky, Mr. Porter, Mr. Tim
Murphy of Pennsylvania, Mr. Goode, Mr. Doolittle, Mr.
Duncan, Mr. David Davis of Tennessee, Mr. Whitfield
of Kentucky, Mr. Ferguson, Mr. Radanovich, Mr. King
of Iowa, Mr. Weiner, Mr. Cannon, Mr. Pickering, Mr.
Moran of Virginia, Mr. Rehberg, Mr. Conaway, Mr.
Marchant, Mr. Poe, Mr. Burgess, Mr. Rodriguez, Mr.
McCaul of Texas, Mr. Gonzalez, Mr. Serrano, Mr.
Reyes, Ms. Waters, Mr. Towns, and Mr. Paul):
H. Res. 1494. A resolution recognizing the 100th
anniversary of The Christian Science Monitor newspaper; to
the Committee on Oversight and Government Reform.
By Mr. ENGLISH of Pennsylvania:
H. Res. 1495. A resolution supporting the goals and ideals
of National Assisted Living Week; to the Committee on Energy
and Commerce.
By Mr. HASTINGS of Florida (for himself, Mr. Rangel,
Mr. Payne, Ms. Corrine Brown of Florida, Mr. Lewis of
Georgia, and Mr. Jefferson):
H. Res. 1496. A resolution recognizing persons of African
descent in Europe; to the Committee on Foreign Affairs.
By Ms. NORTON:
H. Res. 1497. A resolution celebrating the 100th
anniversary of the completion of Washington DC's Union
Station; to the Committee on Transportation and
Infrastructure.
By Mr. WELCH of Vermont:
H. Res. 1498. A resolution to honor the visionary and
extraordinary work of Los Alamos National Laboratory and IBM
on the Roadrunner supercomputer; to the Committee on Armed
Services, and in addition to the Committee on Science and
Technology, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
____________________
ADDITIONAL SPONSORS
Under clause 7 of rule XII, sponsors were added to public bills and
resolutions as follows:
H.R. 154: Ms. Eddie Bernice Johnson of Texas and Mr.
Fattah.
H.R. 643: Mr. Fortenberry and Mr. Hinchey.
H.R. 661: Mr. Jackson of Illinois, Mrs. Napolitano, and Mr.
Wilson of South Carolina.
H.R. 768: Ms. Foxx.
H.R. 1157: Mr. Feeney.
H.R. 1280: Mr. Pascrell, Mr. Fattah, Mr. Hastings of
Florida, Mr. Jackson of Illinois, Mr. Holt, Mr. Wilson of
South Carolina, Mr. Dicks, and Mr. Wexler.
H.R. 1295: Mr. Hulshof.
H.R. 1655: Mr. Wolf.
H.R. 1738: Mr. Inslee, Ms. Linda T. Sanchez of California,
and Mr. Goode.
H.R. 2965: Ms. Wasserman Schultz, Ms. Woolsey, and Ms.
Eddie Bernice Johnson of Texas.
H.R. 3098: Mrs. Bachmann.
H.R. 3109: Mr. Lamborn.
H.R. 3407: Ms. Clarke.
H.R. 3423: Mr. Bishop of New York, Mr. Sestak, Ms. Eshoo,
and Ms. Schakowsky.
H.R. 3425: Ms. Clarke.
H.R. 3618: Mr. Boren, Mr. Grijalva, and Mrs. Capito.
H.R. 3652: Mr. Berman.
H.R. 3876: Ms. Jackson-Lee of Texas.
H.R. 4054: Mr. Reichert.
H.R. 4063: Ms. Baldwin.
H.R. 4102: Ms. Sutton.
H.R. 4105: Mr. Fattah and Mr. Braley of Iowa.
H.R. 4107: Mr. Hulshof.
H.R. 4126: Mr. Kuhl of New York and Mrs. Lowey.
H.R. 4138: Ms. DeLauro and Mr. Braley of Iowa.
H.R. 4206: Mr. McCotter.
H.R. 4236: Mr. Becerra.
H.R. 5176: Mr. Carnahan.
H.R. 5268: Mr. Andrews, Mr. McNerney, and Mr. McHugh.
H.R. 5442: Mr. Fattah.
H.R. 5463: Mr. Feeney.
H.R. 5635: Ms. McCollum of Minnesota.
H.R. 5673: Mr. Franks of Arizona.
H.R. 5734: Mr. Jackson of Illinois and Mr. Ryan of Ohio.
H.R. 5756: Mr. Blumenauer and Mrs. Maloney of New York.
H.R. 5762: Mr. Jackson of Illinois.
H.R. 5793: Ms. Jackson-Lee of Texas, Mr. Engel, and Mr.
Simpson.
H.R. 5814: Mr. Calvert and Mr. Westmoreland.
H.R. 5835: Mr. Peterson of Minnesota.
H.R. 5839: Mr. Souder.
H.R. 5865: Mr. Lamborn.
H.R. 5873: Mr. Sestak.
H.R. 5936: Mr. Kuhl of New York.
H.R. 6180: Mr. Holt.
H.R. 6194: Mr. Davis of Alabama.
H.R. 6281: Mr. Souder.
H.R. 6293: Ms. Clarke and Mr. Etheridge.
H.R. 6310: Mr. Smith of Nebraska.
H.R. 6415: Mr. Inglis of South Carolina and Mr. Crowley.
H.R. 6453: Mr. Weldon of Florida.
H.R. 6462: Mr. McCaul of Texas and Mr. Doggett.
H.R. 6548: Ms. Baldwin, Mr. Feeney, Mr. Dent, and Ms.
Fallin.
H.R. 6553: Mr. Perlmutter.
H.R. 6559: Mr. Crenshaw.
H.R. 6562: Ms. Giffords.
H.R. 6594: Mrs. McCarthy of New York, Mr. Sestak, and Mr.
Brady of Pennsylvania.
H.R. 6597: Mr. Lewis of Georgia, Mr. Shays, Mr. Cummings,
Mr. Stark, and Ms. Baldwin.
H.R. 6598: Mrs. Capps, Ms. Matsui, Mr. Whitfield of
Kentucky, Mr. Welch of Vermont, and Mr. Courtney.
H.R. 6617: Mr. Brady of Pennsylvania.
H.R. 6654: Mr. Rothman.
H.R. 6680: Ms. Linda T. Sanchez of California.
H.R. 6696: Mr. Sestak, Mrs. Miller of Michigan, Ms. Ros-
Lehtinen, and Mr. Brady of Pennsylvania.
H.R. 6709: Mr. McCaul of Texas, Mr. Cohen, and Mr.
Crenshaw.
H.R. 6747: Ms. Granger.
H.R. 6791: Mr. Kennedy.
H.R. 6835: Mr. Ross.
H.R. 6849: Mr. Lewis of Kentucky.
H.R. 6856: Mr. Ruppersberger.
H.R. 6873: Mr. Klein of Florida, Mr. Herger, Mr. Jackson of
Illinois, Mr. Welch of Vermont, Mr. Etheridge, Mr. Ryan of
Ohio, Mr. Abercrombie, and Mr. Rahall.
H.R. 6877: Ms. Lee.
H.R. 6884: Mr. Conyers and Mr. Abercrombie.
H.R. 6885: Mr. Hinchey.
H.R. 6886: Mr. Bilbray.
H.R. 6913: Mr. Moran of Kansas.
H.R. 6928: Mr. McGovern.
H.R. 6931: Mr. Sestak.
H.R. 6932: Mr. Boswell.
H.R. 6954: Mr. Klein of Florida.
H.R. 6960: Mr. Meeks of New York, Mr. Towns, Ms. Eddie
Bernice Johnson of Texas, Ms. Kilpatrick, Mr. Payne, Mr.
Scott of Georgia, Ms. Norton, Ms. Corrine Brown of Florida,
Mr. Moore of Kansas, Mr. Butterfield, Ms. Watson, Mr. Lewis
of Georgia, Mr. Carson, Mr. Al Green of Texas, Mr. Jackson of
Illinois, Mr. Hare, Mr. Johnson of Georgia, Ms. Baldwin, Mr.
Boyd of Florida, Ms. Moore of Wisconsin, Mr. Boswell, Mr.
Hill, Mr. Barrow, Ms. Bordallo, Ms. Hirono, Mr. Honda, Mr.
Miller of North Carolina, Mr. Courtney, Ms. Schwartz, Mrs.
Capps, Mr. Crowley, and Mr. Boren.
H.R. 6962: Ms. Schakowsky and Mr. Nadler.
H.R. 6966: Mr. Filner and Mr. Shays.
H.R. 6970: Mr. Rogers of Alabama.
H.R. 6973: Mr. Sestak.
H.R. 6982: Ms. Solis, Ms. Harman, Mr. George Miller of
California, Mr. Becerra, Mr. Bilbray, Mr. Doolittle, Mr.
Dreier, Mr. Gallegly, Mr. Herger, Mr. Issa, Mr. McKeon, Mr.
Nunes, Mr. Rohrabacher, Mr. Royce, Mr. Hunter, Mr. Crenshaw,
Mr. Wolf, Mr. Wamp, Mr. Walden of Oregon, Ms. Granger, Mr.
Conaway, Mr. Smith of Texas, Mr. Goodlatte, Mr. Walsh of New
York, Mr. Hobson, Mr. Young of Florida, Ms. Pryce of Ohio,
Mr. Cole of Oklahoma, and Mr. Radanovich.
H.R. 6992: Mr. Smith of Nebraska, Mr. Bishop of Utah, Mr.
Costa, Mr. Young of Alaska, Ms. Fallin, and Mr. Lamborn.
H.R. 7006: Mr. Pascrell.
H.J. Res. 12: Mr. Marshall.
H.J. Res. 79: Mr. Brady of Pennsylvania.
H. Con. Res. 40: Ms. Fallin and Mr. Peterson of Minnesota.
H. Con. Res. 244: Mr. Udall of New Mexico.
H. Con. Res. 255: Mr. Garrett of New Jersey.
H. Con. Res. 400: Mr. Fattah.
H. Con. Res. 405: Mr. Towns, Mr. Castle, Mr. Pickering, Mr.
Cummings, Mr. McHugh, Mr. Knollenberg, Mrs. McMorris Rodgers,
Mr. Gonzalez, Mrs. Tauscher, Mr. Moore of Kansas, Mr.
Sarbanes, and Mrs. Biggert.
H. Con. Res. 406: Mr. Shays.
H. Con. Res. 411: Mr. Sestak.
H. Con. Res. 423: Ms. Ros-Lehtinen.
H. Con. Res. 424: Mr. Gutierrez, Mr. Wexler, Mr. Filner,
Ms. Linda T. Sanchez of California, Mr. McDermott, Ms.
Richardson, Ms. Sutton, Mr. Davis of Alabama, Mr. Cohen, and
Mr. Fattah.
H. Res. 888: Mr. Kuhl of New York.
H. Res. 988: Mr. Sestak.
H. Res. 1171: Mr. Franks of Arizona.
H. Res. 1352: Mr. Cohen.
H. Res. 1386: Mr. Donnelly.
H. Res. 1395: Mr. Payne, Mrs. Capps, Ms. Eshoo, Ms.
Jackson-Lee of Texas, Mr. Blumenauer, Mr. Pallone, and Mr.
George Miller of California.
H. Res. 1397: Ms. McCollum of Minnesota, Mr. Brady of
Texas, and Mr. Moore of Kansas.
[[Page 21626]]
H. Res. 1405: Mr. Brady of Pennsylvania and Mr. Blunt.
H. Res. 1414: Mr. Whitfield of Kentucky and Mr. McIntyre.
H. Res. 1428: Mr. Arcuri and Mr. Brady of Pennsylvania.
H. Res. 1437: Mr. Holden, Mr. Oberstar, Mr. Latham, Mr.
King of Iowa, Mr. Capuano, Mr. Barrow, Mr. Kline of
Minnesota, Mr. Chandler, Mr. Deal of Georgia, Mr. Whitfield
of Kentucky, Mr. Higgins, Mr. Davis of Kentucky, Mr. Klein of
Florida, Mr. Ortiz, Mr. Cardoza, Mr. Boren, Mr. Smith of New
Jersey, and Mr. Space.
H. Res. 1454: Mr. Lincoln Diaz-Balart of Florida and Mrs.
Miller of Michigan.
H. Res. 1474: Mrs. Blackburn and Mr. Farr.
H. Res. 1475: Mr. Taylor and Mr. Franks of Arizona.
H. Res. 1477: Mr. Shuster, Mrs. Emerson, Ms. Foxx, Mr.
Boren, Mr. Souder, Mr. Gordon, and Mr. Pitts.
H. Res. 1478: Mr. Altmire, Ms. Eddie Bernice Johnson of
Texas, Mr. Wolf, and Mr. Mahoney of Florida.
H. Res. 1479: Ms. Linda T. Sanchez of California.
H. Res. 1481: Ms. Waters, Mr. Towns, and Mr. Paul.
H. Res. 1485: Mr. Pascrell.
[[Page 21627]]
EXTENSIONS OF REMARKS
____________________
HONORING GRANT DICKSON LANG
______
HON. SAM GRAVES
of missouri
in the house of representatives
Tuesday, September 23, 2008
Mr. GRAVES. Madam Speaker, I proudly pause to recognize Grant Dickson
Lang of Gladstone, Missouri. Grant is a very special young man who has
exemplified the finest qualities of citizenship and leadership by
taking an active part in the Boy Scouts of America, Troop 1155, and
earning the most prestigious award of Eagle Scout.
Grant has been very active with his troop, participating in many
Scout activities. Over the many years Grant has been involved with
Scouting, he has not only earned numerous merit badges, but also the
respect of his family, peers, and community.
Madam Speaker, I proudly ask you to join me in commending Grant
Dickson Lang for his accomplishments with the Boy Scouts of America and
for his efforts put forth in achieving the highest distinction of Eagle
Scout.
____________________
HONORING DENVER HIGH SCHOOL
______
HON. BRUCE L. BRALEY
of iowa
in the house of representatives
Tuesday, September 23, 2008
Mr. BRALEY. Madam Speaker, I rise today to recognize the outstanding
results achieved by Denver High School in Denver, Iowa by being named a
2008 No Child Left Behind-Blue Ribbon School.
The program honors elementary, middle and high schools that are
superior academically or that demonstrate dramatic gains in student
achievement to high levels. Students at Denver High School ranked in
the top 10 percent on state tests.
Denver High School is one of five Iowa Schools receiving the honor
this year. This a true credit to the staff and teachers who continually
challenge students to want more and be better. Denver students can earn
more than 30 hours of college credit before graduating high school.
Madam Speaker, I am extremely proud of the accomplishments of Denver
High School, its former Principal Paul Gebel, and its current Principal
Tom Oppelt. Earning this award shows strength and persistence and I am
proud to serve this fine school and its students in Congress.
____________________
TRIBUTE TO KYLE BAKER
______
HON. TOM LATHAM
of iowa
in the house of representatives
Tuesday, September 23, 2008
Mr. LATHAM. Madam Speaker, I rise today to honor Kyle Baker, who was
named the national champion in sheet metal fabrication at the 2008
Skills USA/VICA National Leadership and Skills Conference in Kansas
City, Missouri.
Kyle Baker is a senior at Jefferson-Scranton High School where he
excelled in industrial technology class for the past two years. In
2007, he placed fourth in the same competition and was the Iowa state
SkillsUSA/VICA champion the last two years. Kyle is the sixth student
from Jefferson-Scranton High School to be a national champion in the
last eight years.
SkillsUSA is a partnership of students, teachers, and industry
working together to ensure America has a skilled workforce. This
organization serves more than 300,000 students and instructors annually
and served more than 9.6 million members since its founding in 1965.
I congratulate Kyle Baker on his well-deserved award, and I'm certain
that he will continue to excel in all future endeavors. It is a great
honor to represent Kyle, his parents, and his teachers in the United
States Congress, and I wish him the best.
____________________
IN RECOGNITION OF DAWN A. MOLITERNO THE 2008 FLORIDA PUBLIC RELATIONS
ASSOCIATION PERSON OF THE YEAR
______
HON. JEFF MILLER
of florida
in the house of representatives
Tuesday, September 23, 2008
Mr. MILLER of Florida. Madam Speaker, on behalf of the United States
Congress, it is an honor for me to rise today in recognition of Dawn A.
Moliterno upon her recognition as the Florida Public Relations
Association Person of the Year.
Over the years, Ms. Moliterno has time and again proven herself as an
exceptional businessperson. Beginning with a career in the retail
industry, Ms. Moliterno served as the Marketing Manager and Company
Spokesman for the Cafaro Company for 10 years. She then moved on to
apply her marketing, communication, and strategic development skills to
the Walton County Florida Chamber of Commerce. While there, Ms.
Moliterno served as the Vice President of Marketing and Membership and
had oversight of all membership, marketing, strategic partner
relationships, product development, sales, and advertising efforts for
the Regional Chamber. As a testament to her keen business sense, in
just 4 short years Ms. Moliterno increased membership in the Regional
Chamber from 1,604 members to over 2,500 members.
Ms. Moliterno has earned numerous accolades that reflect the hard
work and dedication that she has applied to her profession. Selected by
Florida State Senator Don Gaetz along with only 500 other females from
across the country, Ms. Moliterno was sent to Washington, DC, for the
2008 Leadership for Women in Business Conference. She is also the
Regional Steward for Coastal Vision 3000/The Beach and spearheaded the
Athena International Award for Women for the Northwest Florida region
in 2006.
The First District of Florida is incredibly fortunate to house such a
talented and ambitious person, and it will benefit from the hard work
provided by Ms. Moliterno for years to come.
Madam Speaker, on behalf of the United States Congress, I am proud to
honor Dawn Moliterno for her exceptional talents and her service to the
First District of Florida.
____________________
PERSONAL EXPLANATION
______
HON. SAM GRAVES
of missouri
in the house of representatives
Tuesday, September 23, 2008
Mr. GRAVES. Madam Speaker, I would like to state for the record my
position on the following votes I missed due to personal reasons.
On Monday, September 22, 2008, I missed rollcall votes 616, 617, and
618. Had I been present, I would have voted ``nay'' on rollcall votes
616 and 617 and ``aye'' on rollcall vote 618.
____________________
125TH ANNIVERSARY OF THE DAILY TIMES NEWSPAPER
______
HON. JOHN J. DUNCAN, JR.
of tennessee
in the house of representatives
Tuesday, September 23, 2008
Mr. DUNCAN. Madam Speaker, I rise today to honor a newspaper and its
editor that are woven into the fabric of one of this Nation's most
remarkable and scenic communities.
So often, citizens of smaller towns must sift through larger
newspapers from nearby cities for news that is relevant to their lives.
For the last 125 years, however, the people of the city of Maryville
and Blount County have turned to the Daily Times for news coverage
which focuses on their community.
Support for the newspaper is strong, and the numbers prove it. The
Daily Times has frequently ranked among the top three newspapers in the
Nation in penetration of its circulation area and has been recognized
as the
[[Page 21628]]
fastest growing daily newspaper in Tennessee. In an era when newspapers
continue to struggle to compete with the internet, the Daily Times
remains strong with its focus on local culture and interests.
The paper has won numerous awards from the University of Tennessee/
Tennessee Press Association statewide competitions and from the
Tennessee Associated Press Managing Editors Association.
Perhaps nothing illustrates the Daily Times' commitment to Blount
County more than its editor, Dean Stone.
Born in Maryville, Mr. Stone began working for the Daily Times 61
years ago as a sportswriter. While his professional success could have
led him elsewhere, Mr. Stone stayed in Blount County, devoted to the
Daily Times and drawn to the beauty of the Great Smoky Mountains
National Park.
Mr. Stone is known well by the Blount County community for many
reasons. Whether it is his photography, community service, or
stewardship of the Daily Times, chances are he has touched the life of
everyone in Blount County in some way.
As an award winning author and photographer, Mr. Stone's Snapshots of
Blount County History book series is a favorite among locals and
praised by authors and journalists from all across the country.
Madam Speaker, in closing, I urge my colleagues and other readers of
the Record to join me in congratulating the Daily Times in Maryville,
Tennessee, for 125 years of service to its readers and the achievements
of the paper's outstanding and committed editor, Dean Stone.
____________________
IN HONOR OF JOHN J. ROBOTTI
______
HON. SAM FARR
of california
in the house of representatives
Tuesday, September 23, 2008
Mr. FARR. Madam Speaker, I rise today to honor a remarkable man and
my friend, Mr. John J. Robotti. Sadly, John passed away this year on
May 6. I mourn him as does his wife, Marion; his sisters, Rose Carbo
and Florence Stevens; his brother, William Robotti; and his many nieces
and nephews.
I first met John through his wife, Marion, who is a community
activist and all-around get-it-done kind of person. It came as no
surprise to me that Marion would have married a guy like John--he also
was someone who could not sit still. He just had to be doing something.
But for him ``doing something'' was making a contribution to his
family, his community, and his Nation.
In fact, John served 65 years in service to the country in one form
or another. It started with his enlisting in the Army in 1941 and
continued through 2006 when he finally retired from Federal service. If
he wasn't serving in the public sector, he didn't feel like he was
giving enough.
John entered Officer Candidate School in 1943. His tours of duty for
the Army included Europe, Asia, and the United States. He was sent to
Paris, France, and in 1950 he met his future wife Marion, who he later
married in Palo Alto, California, in 1953. In 1960, he was selected as
the executive officer of the Squaw Valley Olympic Games, which were
enormously successful. In 1961, he retired with the rank of major from
20 years of active duty while stationed at Fort Ord, California. He
also served as chief of the Consolidated Supply Section of G4.
As a civilian, John became a G4 logistical services officer at Fort
Ord. Later, he was the administrative officer, chief of maintenance,
and housing manager at Fort Ord. When he retired, John was the director
of logistics at the Defense Language Institute in Monterey, California.
His civilian career spanned 45 years.
Throughout his years as a civil servant, John received many well-
deserved honors. In 1991, he was given the Meritorious Civilian Service
Award. In 1994 and 1995, respectively, he received the Achievement
Medal for Civilian Service and the Exceptional Service Award. In 1996,
he was honored with a 55 Year Award for exceptional Federal service.
Madam Speaker, it is my pleasure to honor John J. Robotti, a man who
loved his country, his chosen field of endeavor, his home, and his
family.
____________________
A TRIBUTE TO MARSDEN HARTLEY
______
HON. MICHAEL H. MICHAUD
of maine
in the house of representatives
Tuesday, September 23, 2008
Mr. MICHAUD. Madam Speaker, I rise today to recognize and to honor a
native son of the largest city in my Congressional District. Marsden
Hartley was born in Lewiston, Maine, in 1877. He became the most daring
and original of the group of first generation modernist artists whom
Alfred Stieglitz brought together in the early years of the 20th
century.
In the early years of the 20th century, Marsden Hartley traveled
throughout the USA and Europe. Considered an early modernist, Hartley
was a nomadic painter for much of his life. He painted from Maine to
Massachusetts, in New Mexico, California, New York, and in Western
Europe. Finally, after spending many years away from his native state,
he returned to Maine toward the end of his life. He wanted to become
``The Painter of Maine'' and to depict American life at a local level.
In this way, he is a member of the regionalists, a group of artists
from the early to mid 20th century that attempted to represent a
distinctly ``American Art.'' Hartley is an icon among painters. He is
considered one of the foremost American painters of the first half of
the 20th century.
The State of Maine recognizes the great contribution of Lewiston's
native son to the world of fine art. Governor John Baldacci has
proclaimed September 25, 2008 as ``Marsden Hartley Day.'' There will be
a celebration of his work at Bates College, also located in Lewiston,
Maine. There will be two screenings of ``Visible Silence: Marsden
Hartley, Painter and Poet,'' an essay in film by Michael Maglaras.
I rise today to honor Marsden Hartley for his contribution to the
State of Maine and the United States.
____________________
HONORING DYLAN MARCUS LEGLER
______
HON. SAM GRAVES
of missouri
in the house of representatives
Tuesday, September 23, 2008
Mr. GRAVES. Madam Speaker, I proudly pause to recognize Dylan Marcus
Legler of Blue Springs, Missouri. Dylan is a very special young man who
has exemplified the finest qualities of citizenship and leadership by
taking an active part in the Boy Scouts of America, Troop 1138, and
earning the most prestigious award of Eagle Scout.
Dylan has been very active with his troop, participating in many
Scout activities. Over the many years Dylan has been involved with
Scouting, he has not only earned numerous merit badges, but also the
respect of his family, peers, and community.
Madam Speaker, I proudly ask you to join me in commending Dylan
Marcus Legler for his accomplishments with the Boy Scouts of America
and for his efforts put forth in achieving the highest distinction of
Eagle Scout.
____________________
HONORING SOUTHEAST ELEMENTARY SCHOOL
______
HON. BRUCE L. BRALEY
of iowa
in the house of representatives
Tuesday, September 23, 2008
Mr. BRALEY. Madam Speaker, I rise today to recognize the outstanding
results achieved by Southeast Elementary School in Waverly, Iowa by
being named a 2008 No Child Left Behind-Blue Ribbon School.
The program honors elementary, middle and high schools that are
superior academically or that demonstrate dramatic gains in student
achievement to high levels. Students at Southeast Elementary School
ranked in the top 10 percent on state tests.
From 1997-2007 fourth grade reading proficiency in the Waverly-Shell
Rock School District increased from 73-93 percent. During the 2006-2007
school year, all fourth graders reached proficiency in reading and math
for which they earned this high honor.
Madam Speaker, I am extremely proud of the accomplishments of
Southeast Elementary and its Principal, Christi Lines. Despite the
struggles they have faced due to unprecedented flooding that affected
the school, they continue to be a model for elementary schools across
the nation.
____________________
TRIBUTE TO JIM McNEILL
______
HON. TOM LATHAM
of iowa
in the house of representatives
Tuesday, September 23, 2008
Mr. LATHAM. Madam Speaker, I rise today to honor Jim McNeill, who was
nominated and recognized as an ``Iowa Community Hero'' by the
University of Iowa for his efforts in protecting the city of Adel from
flood waters this summer.
[[Page 21629]]
The term ``community hero'' is defined by the person who is
submitting the nomination form. In this case, Iowans can nominate their
neighbor for helping move furniture to another level of a house, a
volunteer who helped filled sand bags, or a member of the police and
fire department. Jim is the police chief and is responsible for
directing emergency operations within the city when the need arises.
According to mayor Jim Peters, Chief McNeill ``is a tremendous asset to
Adel. He is a calm, direct, and charismatic leader in all situations.
His work ethic and leadership is a true definition of `community hero.'
''
I congratulate Jim McNeill on his well-deserved award, and I'm
certain that he will continue to serve his community. It is a great
honor to represent Jim in the United States Congress, and I wish him
the best.
____________________
COMMENDING THE FRATERNAL ORDER OF EAGLES ON ITS 110TH ANNIVERSARY
______
HON. JIM McDERMOTT
of washington
in the house of representatives
Tuesday, September 23, 2008
Mr. McDERMOTT. Madam Speaker, 110 years ago, the Fraternal Order of
Eagles, F.O.E., was founded in Seattle, in what is now the seventh
Congressional District that I am privileged to represent. Since its
founding, the F.O.E. has expanded to become an international
organization with nearly 1 million members that raises and contributes
more than $100 million annually to charities benefitting children,
health research, and the elderly. I rise today to commend the Eagles on
their 110th anniversary, to highlight some of their many
accomplishments, and to thank the Eagles for their good work over the
last 110 years.
The Eagles have a long and proud history of living up to their motto,
``people helping people.'' The Eagles were the first public advocates
for establishing the Mother's Day holiday, were a driving force behind
establishment of the Social Security System, and work to provide
assistance to individuals in need in local communities across the
United States and Canada. Just this year, the Eagles have partnered
with the University of Iowa and committed to raise $25 million to
establish the Fraternal Order of Eagles Diabetes Research Center that
will break new ground in efforts to both treat and prevent the spread
of this terrible disease.
The Fraternal Order of Eagles was created in 1898 when six competing
theater owners held a secret meeting at Moran's shipyard in Seattle to
talk about a musicians' strike. By mid-1898, a constitution and by laws
for the new organization had been adopted and the Grand Aerie
established. Local F.O.E. chapters and the places that they meet are
known as ``Aeries.''
Many of the early members of the Eagles were actors, playwrights, and
stage hands who spread the word about the new fraternal organization as
they toured from town to town across the U.S. and Canada. The
incredible spread of the Eagles in the early years is largely
attributable to these people. Eagle Aerie #1--the Mother Aerie--was
established in Seattle in 1898, but some of the earliest Eagle aeries
are located in: #8 San Jose, California, 1899; #11 Butte, Montana,
1899; #25 Skagway, Alaska, 1899; #33 St. Paul, Minnesota, 1899; #48
Galveston, Texas, 1900; and #42 Rochester, New York, 1900. By the end
of 1903 just 5 years after the creation of the Eagles, there were
nearly 600 Aeries operating in all corners of the U.S. and numerous
locations in Canada. Today, Eagle membership totals about one million
in about 1,500 individual local Aeries throughout the U.S. and Canada.
In addition to camaraderie the fraternity was established to serve a
very important function. In the days before death benefits, workmen's
comp, or health insurance, the Eagles offered a death benefit to the
families of Eagles killed in the line of work to ensure proper burial,
no Eagle has ever been buried in a potter's field, and Aeries had
physicians who provided health care to members.
The Fraternal Order of Eagles Grand Auxiliary was adopted at the 1951
international convention in Rochester, NY. However, Auxiliaries date
back to March 24, 1927 in Pittsburgh, KS. By March of 1951, 965 local
Auxiliaries were in existence and by the end of that year 22 state and
provincial Auxiliaries were operating.
The local state/provincial, regional and grand Auxiliaries have
continued to grow and provide their importance to the Fraternal Order
of Eagles by consistently serving as the strongest fundraising arm in
the Organization. The Auxiliary, traditionally consisting of women, is
a fully operating arm of the Fraternal Order of Eagles with equal
positions of leadership.
In 1944, the Eagles Memorial Foundation was created. The Memorial
Foundation supports children of members who die while serving their
country, or at work. All Eagle members and their families are
automatically protected by this member benefit. With the Memorial
Foundation, children of deceased members who die while serving their
country or at work are able to attend college or vocational school with
grants up to $30,000. They can also receive medical assistance
including payments to physicians, dentists, orthodontists and
hospitals. The cost of eyeglasses, prescriptions, as well as medical
and dental devices is also included.
Over the years, the Eagles have also actively advocated at the
national level for laws that help their fellow Americans. In the 1930s,
the Eagles very actively organized to push for creation of the Social
Security system. When the Social Security Act was signed in 1935,
President Franklin Roosevelt (himself a lifelong Eagle), presented a
pen with which he signed the Act and wrote to then-Eagle Grand Worthy
President John M. Morin:
I am very glad to give you as the representative of the
Fraternal Order of Eagles a pen with which I signed the
Social Security Securities Act . . . I have long observed
with satisfaction the sponsorship by the F.O.E. of social
justice legislation both in the states and in the nation. The
records for more than a quarter of a century bear witness to
the campaigns of education conducted, the literature
distributed, and the addresses delivered by your socially-
minded Order. These efforts have borne, and are bearing
gratifying results. Our countrymen owe the Eagles good will
for their unselfish services.
The pen I am presenting to the Order is a symbol of my
approval of the Fraternity 's vision and courage. May its
possession inspire your 600,000 members to re-dedicate their
own efforts and those of the Fraternity to the insuring of
such economic and political conditions as will bring a
greater degree of happiness to our people.
The Eagles also supported old age pension laws in the 1920s: ``You
Eagles have planted this seed . . . If the Eagles of the United States
never do anything else, they have more than justified their existence
in their advocacy of this great humanitarian movement.''--Gov. Joseph
M. Dixon, Governor of Montana, signing into law America's first old age
pension law (1923).
Jobs After 40: ``The Eagles started this whole idea. That is why I
invited the Eagles to be at this private bill signing, and the reason I
am presenting this pen to the Fraternal Order of Eagles.''--President
Lyndon B. Johnson, signing the Federal ``Jobs After 40'' bill,
outlawing upper age limits in hiring.
And enactment of Medicare legislation: ``For your energetic and
dedicated espousal of social justices, and for the generous support you
have given to all measures designed to further economic opportunity and
the compassionate treatment of the sick and disabled.''--President
Lyndon B. Johnson, in a message to the Eagles on the signing of the
Medicare amendment to the Social Security Act.
Today, the Eagles advocate for equally important causes. The Eagles
support congressional and administration action to ensure the long-term
stability of the Social Security system while protecting the
fundamental principles on which it was founded and to provide health
care coverage to every American child.
The Eagles are also actively advocating for enactment of the
Children's Access to Reconstructive Evaluation and Surgeries, CARES
Act, H.R. 1655. Evidence suggests that insurance companies are
increasingly denying access to the approximately 40,000 American
children born annually with birth defects and needing reconstructive
surgery. The CARES Act would require all group and individual health
insurance coverage and all group health plans to provide coverage for
surgery and other outpatient and inpatient medical treatments related
to a minor child's congenital or developmental deformity. As a medical
doctor and Member of Congress, I am especially proud to be a cosponsor
of the CARES Act.
In addition, the Eagles are tremendously generous in providing
assistance to a wide variety of very worthy charitable causes. Every
year, Eagles across the U.S. and Canada generate more than $100 million
for charities supported by the F.O.E. The Eagles provide 100 percent of
those funds directly to charities in the form of grants, paying
administrative costs from their membership dues.
These charities include: the Max Baer Heart Fund; the Robert W.
Hansen Diabetes Fund; D.D. Dunlap Kidney Fund; the Jimmy Durante
Children's Fund; support for Children's AIDS Awareness and Medical
Research; the Lew Reed Spinal Cord Injury Fund; the Golden
[[Page 21630]]
Eagle, Golden Age Grants, support for community-oriented programs
primarily serving the aged, Alzheimer and Parkinson Funds; and the
Disaster Relief Fund, first response program for national disaster
situations in Canada and the United States, and the new Fraternal Order
of Eagles Diabetes Research Center at the University of Iowa.
In addition, the Eagles also provide educational benefits to
graduates of Home on the Range in Sentinel Butte, North Dakota; High
Sky Girls Ranch in Midland, Texas; and Bob Hope High School in Port
Arthur, Texas. The Eagles also operate Eagle Village, located in
Bradenton, Florida, a 26-acre senior community open to any member who
has at least 15 years of continuous membership in the Fraternal Order
of Eagles.
In addition to large national charitable initiatives, Eagles work at
the local level to make their communities better places to live and
work. Many activities focus on children and improving their quality of
life. Eagles Aeries and Auxiliaries conduct toy drives, send young
victims of domestic violence to camp, hold baby showers for needy
families, provide Christmas and Thanksgiving baskets, provide backpacks
and school supplies, make quilts for nursing homes, and more.
On September 16, 2008, the Fraternal Order of Eagles signed an
agreement with the University of lowa to partner in a 5-year
fundraising project that will culminate with the Fraternal Order of
Eagles Diabetes Research Center at the University of Iowa. The
Fraternal Order of Eagles Diabetes Research Center will be a dedicated
center for diabetes research within the Institute for Biomedical
Discovery Building at the University of Iowa. The Eagles are committing
to raise no less than $25 million over the next 5 years to fund this
center. Money fundraised by the Fraternal Order of Eagles will go
directly to medical research. Currently, an estimated 23.6 million
adults and children in the USA--8 percent of the population--have
diabetes.
The Eagles' membership is a broad cross-section of America, ranging
from blue-collar workers to teachers to doctors and everyone in
between. Seven United States Presidents have been Eagles: Theodore R.
Roosevelt, Warren G. Harding, Franklin D. Roosevelt, Harry S. Truman,
John F. Kennedy, James Earl ``Jimmy'' Carter, Ronald W. Reagan. In
addition, many famous Americans have been active Eagles, including:
Arnold Palmer; Bob Hope; Jimmy Durante; Max Baer, boxing heavyweight
champion; Tony Stewart, NASCAR driver; Billy Ray Cyrus, musical
performer and entertainer; and baseball Hall of Famers Stan Musial and
Roger Maris.
One hundred and ten years ago, the Eagles organized with a simple
objective, to ``make human life more desirable by lessening its ills
and promoting peace, prosperity, gladness, and hope.'' You have
succeeded.
Over the last 110 years, the Eagles have been an integral part of the
fabric of our country--providing civic leadership, raising funds for
children, the elderly and medical research, and improving the country
in ways great and small. The Eagles have made the United States an
immeasurably better place to live, work, and raise families.
Thank you for all you have done for our communities and our country.
Congratulations to the members and leadership of the Fraternal Order of
Eagles. Best wishes for the next 110 years and beyond.
____________________
HONORING KEVIN JOHNSON
______
HON. SAM GRAVES
of missouri
in the house of representatives
Tuesday, September 23, 2008
Mr. GRAVES. Madam Speaker, I proudly pause to recognize Kevin Johnson
of Saint Joseph, Missouri. Kevin is a very special young man who has
exemplified the finest qualities of citizenship and leadership by
taking an active part in the Boy Scouts of America, Troop 138, and
earning the most prestigious award of Eagle Scout.
Kevin has been very active with his troop, participating in many
Scout activities. Over the many years Kevin has been involved with
Scouting, he has not only earned numerous merit badges, but also the
respect of his family, peers, and community.
Madam Speaker, I proudly ask you to join me in commending Kevin
Johnson for his accomplishments with the Boy Scouts of America and for
his efforts put forth in achieving the highest distinction of Eagle
Scout.
____________________
TRIBUTE TO DR. SUBHASH SAHAI
______
HON. TOM LATHAM
of iowa
in the house of representatives
Tuesday, September 23, 2008
Mr. LATHAM. Madam Speaker, I rise today to recognize the 2008 Iowa
Family Physician of the Year, Dr. Subhash Sahai of Webster City, Iowa.
Subhash was selected for the honor by the Iowa Academy of Family
Physicians (IAFP).
Subhash began practicing medicine in January 1976 after receiving his
medical degree from the University of Iowa and completing his residency
at Broadlawns Hospital in Des Moines. He began his small practice in
Webster City and was later joined by his wife, Dr. Sushma Sahai, and
his brother, Dr. Anil Sahai. His practice grew and expanded over the
years with the addition of other healthcare professionals and services.
He is being honored for ``his distinguished qualities, recognized
leadership in his profession and contribution to his community,''
according to Dr. Doug Martin, the president of the IAFP.
I consider it a great honor to represent Dr. Subhash Sahai in the
United States Congress. The expertise he brings to Central Iowa is
certainly valued and I wish Subhash the best as he continues serving
Iowa and Webster City.
____________________
HONORING MR. FEDERICO ``KIKO'' ZUNIGA
______
HON. HENRY CUELLAR
of texas
in the house of representatives
Tuesday, September 23, 2008
Mr. CUELLAR. Madam Speaker, I rise today to honor Mr. Federico
``Kiko'' Zuniga, of Laredo, Texas, in recognition of his being elected
Chairman of the International Federation of Customs Brokers Association
(IFCBA) during their biannual conference in Istanbul, Turkey.
The IFCBA is made up of customs broker organizations from 27
countries around the world, and is headquartered in Ottawa, Ontario,
Canada. Mr. Zuniga has been a member of the IFCBA board since 2003, and
for the past 2 years has served as one of the organization's managing
directors. In addition to being a part of IFCBA, Mr. Zuniga also is
Chairman of the National Customs Brokers and Forwarders Association of
America (NCBFAA), and prior to that, served as the president of NCBFAA
for 4 years. He is currently a member of the Department Advisory
Committee for the commercial Operation of Customs and Border Protection
(COAC) and related agencies. Mr. Zuniga has been a licensed customs
broker since 1984 and is part owner of F. Zuniga, Inc., the brokerage
his father started in Laredo, Texas.
Madam Speaker, I am honored to have had this time to recognize the
hard work and dedication of Mr. Federico ``Kiko'' Zuniga to the City of
Laredo, to his wife, Bobbie, and to his family. He is a truly deserving
recipient of the great honor of being elected chairman of the
International Federation of Customs Brokers Association.
____________________
PERSONAL EXPLANATION
______
HON. BOB ETHERIDGE
of north carolina
in the house of representatives
Tuesday, September 23, 2008
Mr. ETHERIDGE. Madam Speaker, I regret that yesterday I was
unavoidably detained and was unable to cast a vote on a number of
rollcall votes.
Had I been present, I would have voted ``yes'' on H.R. 6685, to
authorize the Secretary of the Interior to provide an annual grant to
facilitate an iron working training program for Native Americans. I
would have voted ``yes'' on H.R. 1907, the Coastal and Estuarine Land
Conservation Program Act, to protect the environmental integrity of
undeveloped coastal and estuarine areas. I also would have voted
``yes'' on H.R. 6853, the Nationwide Mortgage Fraud Task Force Act of
2008, to protect borrowers from unscrupulous actors in the mortgage
market.
I ask unanimous consent that my statement be included in the
appropriate place in the Congressional Record.
____________________
PERSONAL EXPLANATION
______
HON. JAMES R. LANGEVIN
of rhode island
in the house of representatives
Tuesday, September 23, 2008
Mr. LANGEVIN. Madam Speaker, on September 22, 2008, I was unavoidably
detained and unable to be in the Chamber for a rollcall vote. Had I
been present, I would have voted ``yea'' on rollcall No. 616, H.R.
6685, legislation to authorize the Secretary of the Interior
[[Page 21631]]
to provide an annual grant to facilitate an iron working training
program for Native Americans.
____________________
INTRODUCTION OF H. CON. RES. 423
______
HON. MARK STEVEN KIRK
of illinois
in the house of representatives
Tuesday, September 23, 2008
Mr. KIRK. Madam Speaker, I am proud to introduce this important
resolution calling for a comprehensive strategy to address the crisis
in Darfur, Sudan, and condemning the ongoing assaults and obstruction
by the Khartoum regime. I am joined in this effort by my distinguished
colleagues Mr. Jackson of Illinois and Mr. Wolf of Virginia.
The tragedy of Darfur seems to know no end. After years of violence
and death, the genocide in Darfur continues this month with renewed
fighting between the Khartoum regime and rebel forces. Once again,
entire villages have been decimated, civilians have been slaughtered
and thousands have been left homeless.
We cannot turn away from the violence before us. We must continue to
raise the issues of Darfur that confront our Nation and the
international community. While the violence is perpetrated by those who
carry the guns and drop the bombs, we have a responsibility as well.
I am proud of the young people in my own district who have worked to
raise awareness of the crisis in Darfur. Zack Harris, now a sophomore
at New Trier High School in Winnetka, Illinois, learned about the
conflict in Darfur 2 years ago and became determined to help. As the
eighth grade student president at Central School in Glencoe, he
organized ``Dance for Darfur,'' a fundraiser for the Luol Deng
Foundation. Named after the Chicago Bulls player from Sudan, the
foundation works with the World Food Program in Darfur to assist with
food distribution. The ``Dance for Darfur'' was the first charity dance
ever held at the school, and helped raise awareness at the school and
in the community. In total, Zack raised more than $5,000.
In March of this year, I organized a Model Congress with high school
students from all across the 10th District. They held hearings and
markups on the Darfur Peace and Security Act to bring an end to the
genocide. Together, they amended and passed this comprehensive bill to
provide humanitarian aid and adopt strict sanctions, along with other
measures, to stop the violence in the region.
Other organizations such as the Chicago Coalition to Save Darfur, the
Illinois Holocaust Museum, Congregation Beth Or in Deerfield, IL, and
Chicago Tikkun are all working to bring awareness to the crisis.
Like these students and activists, Congress and the administration
must remain committed to ending the tragedy that is unfolding before
our eyes. We must build upon the basic achievements that we have won to
ensure the full deployment of the UNAMID mission, full access to
humanitarian aid, full implementation of the Comprehensive Peace
Agreement, and full accountability of the Khartoum government for all
its actions.
The U.S. must collaborate with the international community condemn
the actions of the Khartoum regime, which have demonstrated the worst
that humanity has to offer, and implement a comprehensive strategy to
address the crisis in Darfur.
I urge my colleagues to join me in supporting this resolution to
bring attention to the plight of the Darfurians and work to find a
lasting comprehensive strategy to address this crisis.
____________________
PERSONAL EXPLANATION
______
HON. TIMOTHY V. JOHNSON
of illinois
in the house of representatives
Tuesday, September 23, 2008
Mr. JOHNSON of Illinois. Madam Speaker, unfortunately last night,
September 22, 2008, I was unable to cast my votes on H.R. 6685, H.R.
1907, and H.R. 6853 and wish the Record to reflect my intentions had I
been able to vote.
Had I been present for rollcall No. 616, on suspending the rules and
passing H.R. 6685, to authorize the Secretary of the Interior to
provide an annual grant to facilitate an iron working training program
for Native Americans, I would have voted ``yea.''
Had I been present for rollcall No. 617, on suspending the rules and
passing H.R. 1907, the Coastal and Estuarine Land Conservation Program
Act, I would have voted ``yea.''
Had I been present for rollcall No. 618, on suspending the rules and
passing H.R. 6853, the Nationwide Mortgage Fraud Coordinator Act of
2008, I would have voted ``yea.''
____________________
IN HONOR OF TAIWAN'S NATIONAL DAY CELEBRATION
______
HON. KENNY MARCHANT
of texas
in the house of representatives
Tuesday, September 23, 2008
Mr. MARCHANT. Madam Speaker, I rise today to congratulate the people
of Taiwan on the occasion of their upcoming National Day on October 10.
The Republic of China, Taiwan, is a strong American ally in the
Pacific. Although it is a small island nation, it has a growing and
progressive economy, providing its citizens with quality education,
health, and affordable housing. Also, with its well-educated
population, Taiwan is an ideal place for business entrepreneurship.
Much of Taiwan's economic prowess is directly attributable to the
stability of Taiwan's political system.
A vibrant democracy, Taiwan's history of democratization is an
important example of how other countries can change. In a little more
than 2 decades, Taiwan has peacefully transformed its political system,
from authoritarianism to democratic government, providing a role model
for other non-democratic political governments in Asia.
We hope that in the years ahead, Taiwan and China will continue to
reduce their bilateral tensions. Cross-strait relations have been
improving: There are now charter flights from Taiwan to the mainland,
relaxation of China-bound investments, more visas for mainland
tourists, and more exchange in many areas. Taiwan's new President, Ma
Ying-jeou, is committed to pursue reconciliation and truce with the
People's Republic. President Ma looks for peace and coprosperity with
the People's Republic.
Congratulations to the people of Taiwan and a warm welcome to
Ambassador Jason Yuan. Ambassador Yuan is a distinguished career
diplomat and will most definitely represent his country well. I look
forward to working with Ambassador Yuan, and welcome him to Washington,
DC.
____________________
HONORING MICHAEL STRAMMEL
______
HON. SAM GRAVES
of missouri
in the house of representatives
Tuesday, September 23, 2008
Mr. GRAVES. Madam Speaker, I proudly pause to recognize Michael
Strammel of Liberty, Missouri. Michael is a very special young man who
has exemplified the finest qualities of citizenship and leadership by
taking an active part in the Boy Scouts of America, Troop 374, and
earning the most prestigious award of Eagle Scout.
Michael has been very active with his troop, participating in many
Scout activities. Over the many years Michael has been involved with
Scouting, he has not only earned numerous merit badges, but also the
respect of his family, peers, and community.
Madam Speaker, I proudly ask you to join me in commending Michael
Strammel for his accomplishments with the Boy Scouts of America and for
his efforts put forth in achieving the highest distinction of Eagle
Scout.
____________________
OPPOSING THE COMPREHENSIVE AMERICAN ENERGY SECURITY AND CONSUMER
PROTECTION ACT
______
HON. HAROLD ROGERS
of kentucky
in the house of representatives
Tuesday, September 23, 2008
Mr. ROGERS of Kentucky. Madam Speaker, I rise in strong opposition to
the sham legislation Speaker Pelosi unfurls for us this week. For
months, energy and gas costs have impacted every aspect of Americans'
lives--prices at the pump, the cost of a gallon of milk, school board
budgets, etc.--and today, the Speaker believes that we have cause to
celebrate, because at long last, she has unveiled from the deep
recesses of her chambers a bill with the word ``energy'' in the title.
But when the champagne toast is over and the streamers come down, all
America gets in this so-called ``energy'' bill, is hot air and higher
taxes. The bill is merely a reflection of the status-quo, and a fraud
on the American consumer paying $4 a gallon gas.
The reality is:
This bill blocks production and 35 years worth of American oil in 88
percent of the outercontinental shelf!
[[Page 21632]]
Impedes production in ANWR, with a projected 10 billion barrels of
oil, and permanently locks up a trillion barrels of western oil shale.
New refineries to be built on American soil with this bill? Not a
chance.
Fifty percent of our power is from coal, yet there is zero
encouragement of coal-to-liquids development or clean coal generation.
Even emissions-free nuclear energy gets a backseat in this bill.
Don't look for pro-production measures to reduce prices at the pump,
you won't find them here.
What this bill does do is raises taxes and increases electricity
costs for families, seniors and small businesses already feeling their
wallets being pinched by high gas prices and rising home heating costs.
Simply put, today we do nothing to provide relief at the pump to the
citizens of Kentucky and elsewhere. Let's take off our party hats and
call today's festivities what they really are--a thinly veiled effort
to inoculate the Speaker in November and appease a small group of
special interests. I urge my colleagues to reject this Election Day
mirage and demand meaningful comprehensive energy legislation for the
American people.
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PERSONAL EXPLANATION
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HON. ALBIO SIRES
of new jersey
in the house of representatives
Tuesday, September 23, 2008
Mr. SIRES. Madam Speaker, I would like to state for the record my
position on the following votes I missed on September 22, 2008. Had I
been present, I would have voted ``yea'' on rollcall 616 on H.R. 6685;
``yea'' on rollcall 617 on H.R. 1907; and ``yea'' on rollcall 618 on
H.R. 6853.
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COMPACT WILL PROTECT GREAT LAKES FOR GENERATIONS TO COME
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HON. CANDICE S. MILLER
of michigan
in the house of representatives
Tuesday, September 23, 2008
Mrs. MILLER of Michigan. Madam Speaker, the Great Lakes are one of
the great treasures of the world and are fully 20 percent of the
world's freshwater supply. They are unique in our Nation and unique on
this planet. But the Great Lakes are especially near and dear to those
of us in Michigan, the Great Lakes State.
The Great Lakes are part of our identity as 4 of the 5 Lakes touch
Michigan's shore. The Lakes are important to our State for commerce,
for recreation, for drinking water, and for tourism. They are an
invaluable part of the environment. The Great Lakes deserve every
protection to ensure that they remain a healthy ecosystem for future
generations.
One of the primary reasons I ran for Congress was to preserve and
protect the Great Lakes. I have been proud to work with my colleagues
on issues like invasive species, the Great Lakes Legacy Act, and the
Water Resources Development Act. Today, the House will take a historic
step towards protecting this treasure by ratifying the Great Lakes
Compact.
The compact is a binding agreement among the Great Lakes States to
implement a conservation standard for regulating water withdrawals from
the Great Lakes Basin. This document will essentially ban new and
increased diversions of water outside the Great Lakes Basin with only
limited, highly regulated exceptions. It also establishes a framework
for each State to enact laws protecting the basin.
There is no doubt that water is becoming an increasingly scarce
resource, both around the world and here in the United States. Droughts
in the Southeast and the West have demonstrated quite clearly that we
cannot simply take abundant freshwater for granted. In fact, a recent
issue of BusinessWeek screamed the headline: ``There Will Be Water: Why
T. Boone Pickens Thinks It's the New Oil.'' Water shortages will
undoubtedly lead to jurisdictional fights over access.
The Great Lakes Region has taken it upon themselves to work through
these issues before areas outside the basin attempt to access water
from the Great Lakes. I am proud of our region for coming together to
decide the future of the Great Lakes before others have the opportunity
to do that for us.
This measure will ensure the continued protection of the Great Lakes
for generations to come, and I urge my colleagues to support the
adoption of the Great Lakes Compact.
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RECOGNIZING KYLE HOUSTON
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HON. GEOFF DAVIS
of kentucky
in the house of representatives
Tuesday, September 23, 2008
Mr. DAVIS of Kentucky. Madam Speaker, I rise today to recognize one
of my constituents, Mr. Kyle Houston of Butler, Kentucky. On September
29, 2007, Kyle distinguished himself in a crisis situation when a
kitchen fire erupted in his grandparents' home.
At the time of the fire, Kyle was watching television with his
grandfather, Paul Green. Mr. Green has emphysema and receives oxygen 24
hours a day. In a display of courage, maturity and composure that far
exceeded his 8 years of age, Kyle responded to the emergency quickly
and effectively. Kyle roused his grandfather and helped him out of the
house, then reentered the smoky home to retrieve his grandfather's
portable oxygen tank. He then helped his grandfather reattach his
oxygen tank and ensured that it was working properly. Finally, Kyle
called 9-1-1 and alerted his parents to the situation.
Without his grandson's quick response, Mr. Green could have suffered
extremely severe injuries from smoke inhalation. On October 6, 2008, in
recognition of Kyle's heroism, Cub Scout Pack 75 will present Kyle with
the Heroism Award for putting into practice Scouting skills and ideals.
Kyle is a first year Webelos Scout with Pack 75.
Kyle's composure during what must have been a very frightening event
is impressive. Kyle's mother and father have many reasons to be proud
of their incredible son.
Madam Speaker, I ask you to join me in commending Kyle Houston for
his outstanding actions and character.
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