HR 508 - Bring the Troops Home and Iraq Sovereignty Restoration Act of 2007

110th CONGRESS
1st Session

H. R. 508

To require United States military disengagement from Iraq, to provide United States assistance for reconstruction and reconciliation in Iraq, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

January 17, 2007

Ms. WOOLSEY (for herself, Ms. LEE, Ms. WATERS, Ms. WATSON, Mr. MCGOVERN, Mr. FRANK of Massachusetts, Mr. GRIJALVA, Mr. FATTAH, Mr. NADLER, Mr. CONYERS, Mr. CLAY, Mr. COHEN, Mr. HINCHEY, Mr. FILNER, Mr. KUCINICH, Mr. PAYNE, and Ms. JACKSON-LEE of Texas) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committees on Armed Services, Veterans' Affairs, Rules, and 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

A BILL

To require United States military disengagement from Iraq, to provide United States assistance for reconstruction and reconciliation in Iraq, and for other purposes.

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 `Bring the Troops Home and Iraq Sovereignty Restoration Act of 2007'.

(b) Table of Contents- The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I--UNITED STATES MILITARY DISENGAGEMENT FROM IRAQ

Sec. 101. Findings.

Sec. 102. Statement of policy.

Sec. 103. Repeal of Public Law 107-243.

Sec. 104. Disengagement of United States Armed Forces and contractor security forces from Iraq.

Sec. 105. Prohibition on permanent United States military installations in Iraq.

Sec. 106. Provision of Iraqi police and home guards training.

Sec. 107. Deployment of international stabilization force to Iraq.

Sec. 108. Limitation on total number of United States Government personnel at United States Embassy in Baghdad, Iraq.

Sec. 109. Prohibition on production sharing agreements for Iraqi petroleum resources.

TITLE II--UNITED STATES ASSISTANCE FOR RECONSTRUCTION AND RECONCILIATION IN IRAQ

Subtitle A--Bilateral Assistance

Sec. 201. Modification of authorities relating to the Special Inspector General for Iraq Reconstruction.

Sec. 202. Study and report on damage to Iraqi civil society and infrastructure.

Sec. 203. Assistance to establish an Iraqi reconstruction corps.

Sec. 204. Assistance for the destruction of land mines and related activities in Iraq.

Sec. 205. Assistance to dismantle and dispose of fortifications and other remnants of Operation Iraqi Freedom.

Sec. 206. Assistance to recover ancient relics and to restore archeological, cultural, and historical sites in Iraq.

Sec. 207. Compensation for Iraqi Noncombatant Civilian Casualties.

Sec. 208. Assistance to establish an Iraqi institute of peace.

Subtitle B--Multilateral Assistance

Sec. 211. International fund to redevelop civic institutions in Iraq.

Sec. 212. International fund to reconstitute the public health system in Iraq.

TITLE III--GUARANTEED HEALTH CARE FOR VETERANS OF OPERATION IRAQI FREEDOM AND OTHER CONFLICTS

Sec. 301. Assurance of adequate funding for veterans health care.

TITLE IV--ESTABLISHMENT OF JOINT SELECT COMMITTEE TO REVIEW THE ORIGINS AND CONDUCT OF OPERATION IRAQI FREEDOM

Sec. 401. Establishment of Joint Select Committee.

Sec. 402. Duties.

Sec. 403. Membership.

Sec. 404. Powers.

Sec. 405. Staff.

Sec. 406. Funding.

Sec. 407. Termination.

TITLE I--UNITED STATES MILITARY DISENGAGEMENT FROM IRAQ

SEC. 101. FINDINGS.

Congress finds the following:

(1) The brave men and women of the United States Armed Forces continue to serve with distinction in Iraq and have earned the respect and gratitude of the American people.

(2) On May 1, 2003, under a banner displaying the words `Mission Accomplished,' President George W. Bush stated: `Major combat operations in Iraq have ended.'. At that point, the occupation of Iraq began.

(3) The civilian leadership at the Department of Defense has failed to adequately support United States Armed Forces in Iraq, which were not trained to carry out an occupation and did not receive the proper equipment to achieve their stated mission.

(4) The occupation of Iraq has made the United States economically and militarily weaker, has made the United States less safe because it has enhanced the recruitment of terrorists, and has diminished America's prestige and influence in the world.

(5) Iraq is embroiled in a civil war characterized by daily occurrences of retaliation and revenge, fueled by the occupation of Iraq by United States Armed Forces. The civil war in Iraq was predicted by United States military commanders before the 2003 occupation of Iraq.

(6) The United States has pursued military action rather than diplomatic alternatives in Iraq, and has reduced reconstruction efforts in Iraq.

(7) On May 13, 2003, the President stated, `We will stay as long as necessary to make sure that the Iraqi people have a government of, by and for the Iraqi people. And then we'll come home.'.

(8) On December 15, 2005, the Iraqi people participated in elections to directly elect a full-term government. Iraqi Prime Minister Nouri al-Maliki and other high-ranking Iraqi Government officials, as well as leaders from the Sunni, Shiite, and Kurdish communities in Iraq, have since called for a timetable for the withdrawal of United States Armed Forces from Iraq.

(9) Iraqi Prime Minister Nouri al-Maliki has stated that Iraqi political leaders must bring security and stability to Iraq.

(10) During the summer of 2006, General George Casey, the top United States military commander in Iraq, proposed a plan for the deployment from Iraq of a substantial portion of United States Armed Forces and briefed the President accordingly.

(11) United States military commanders in Iraq have repeatedly stated that there is no military solution to the turmoil in Iraq.

(12) In the United States elections held on November 7, 2006, the American people clearly voted for a change in United States policy in Iraq and in favor of United States military disengagement from Iraq.

SEC. 102. STATEMENT OF POLICY.

Congress declares that it is the policy of the United States--

(1) to end the occupation of Iraq on the basis of the findings specified in section 101;

(2) to accelerate the training and equipping of the military and security forces of the Government of Iraq;

(3) to pursue security and stability in Iraq through diplomacy;

(4) to help preserve the territorial integrity of Iraq as a nation state;

(5) to take all appropriate measures to account for any missing members of the United States Armed Forces or United States citizens in Iraq; and

(6) to turn over all internal security activities and military operations in Iraq to the elected Government of Iraq not later than the end of the six-month period beginning on the date of the enactment of this Act.

SEC. 103. REPEAL OF PUBLIC LAW 107-243.

The Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107-243; 50 U.S.C. 1541 note) is hereby repealed.

SEC. 104. DISENGAGEMENT OF UNITED STATES ARMED FORCES AND CONTRACTOR SECURITY FORCES FROM IRAQ.

(a) Withdrawal of Armed Forces- Not later than the end of the six-month period beginning on the date of the enactment of this Act, all United States Armed Forces serving in Iraq as part of Operation Iraqi Freedom shall be withdrawn from Iraq and returned to the United States or redeployed outside of the Middle East. It is the policy of Congress that this withdrawal shall commence as soon as practicable after the date of the enactment of this Act to ensure completion of the withdrawal by the end of such six-month period.

(b) Withdrawal of Contractor Security Forces- Not later than the end of the six-month period beginning on the date of the enactment of this Act, all security forces under contract or subcontract with the United States Government and working in Iraq shall be withdrawn from Iraq. The contract or subcontract providing for the use of such security forces shall be terminated as soon as practicable after the forces are withdrawn.

(1) PROHIBITION- Except as provided in paragraph (2), funds appropriated or otherwise made available under any provision of law may not be obligated or expended to deploy or continue to deploy members or units of the United States Armed Forces to Iraq as part of Operation Iraqi Freedom.

(2) EXCEPTIONS- Paragraph (1) does not apply to the use of funds--

(A) to provide for the safe and orderly withdrawal of the Armed Forces and contractor security forces from Iraq pursuant to subsections (a) and (b); or

(B) to ensure the security of Iraq and its transition to democratic rule by--

(i) carrying out consultations with the Government of Iraq, other foreign governments, the North Atlantic Treaty Organization, the United Nations, and other international organizations; or

(ii) providing financial assistance or equipment to Iraqi security forces and international forces in Iraq.

(d) Rule of Construction- Nothing in this section shall be construed to prohibit or otherwise restrict the use of funds available to any department or agency of the United States, other than the Department of Defense, to carry out social and economic reconstruction activities in Iraq.

(e) Armed Forces Defined- In this section, the term `Armed Forces' has the meaning given the term in section 101(a)(4) of title 10, United States Code.

SEC. 105. PROHIBITION ON PERMANENT UNITED STATES MILITARY INSTALLATIONS IN IRAQ.

(a) Prohibition- No permanent or long-term military installation, which is designed or intended to be occupied by a unit of the United States Armed Forces after the withdrawal of the Armed Forces from Iraq pursuant to section 104(a), may be constructed in Iraq.

(b) Transfer of Military Facilities- The President of the United States shall transfer to the Government of Iraq all right, title, and interest held by the United States in any military facility in Iraq that was constructed, repaired, or improved using amounts appropriated to the Department of Defense and occupied by a unit of the United States Armed Forces.

SEC. 106. PROVISION OF IRAQI POLICE AND HOME GUARDS TRAINING.

During the six-month period specified in subsections (a) and (b) of section 104 for the withdrawal of United States Armed Forces and contractor security forces from Iraq, the Secretary of Defense may use members of the Armed Forces and security forces under contract or subcontract with the Department of Defense to assist in the training of a permanent Iraqi police force and neighborhood, village, and tribal home guards comprised of Iraqi citizens.

SEC. 107. DEPLOYMENT OF INTERNATIONAL STABILIZATION FORCE TO IRAQ.

(a) Deployment- If requested by the Government of Iraq (including with the support of the National Assembly of Iraq), the President of the United States is authorized to support the deployment of an international stabilization force to Iraq to enhance public security in Iraq after the withdrawal of United States Armed Forces from Iraq pursuant to section 104(a).

(b) Sense of Congress- It is the sense of Congress that the deployment of the international stabilization force to Iraq described in subsection (a) should commence not later than the end of the six-month period beginning on the date of the enactment of this Act and terminate not later than the end of the two-year period beginning on the date of commencement of such deployment.

SEC. 108. LIMITATION ON TOTAL NUMBER OF UNITED STATES GOVERNMENT PERSONNEL AT UNITED STATES EMBASSY IN BAGHDAD, IRAQ.

(a) Limitation- Notwithstanding any other provision of law, the total number of officers and employees of the United States Government assigned to the United States Embassy in Baghdad, Iraq, may not exceed 500 individuals.

(b) Effective Date- Subsection (a) shall take effect beginning six months after the date of the enactment of this Act.

SEC. 109. PROHIBITION ON PRODUCTION SHARING AGREEMENTS FOR IRAQI PETROLEUM RESOURCES.

(a) Prohibition- On or after the date of the enactment of this Act, no department, agency, or other entity of the Government of the United States and no national of the United States may enter into a contract for the development, production, or marketing of petroleum resources in Iraq.

(b) Sunset- Subsection (a) shall cease to be effective beginning on the date on which the President of the United States certifies to Congress that the Government of Iraq has established and is enforcing laws that provide for the regulation of activities of foreign governments and foreign nationals pursuant to contracts for the development, production, or marketing of petroleum resources in Iraq.

(1) a natural person who is a citizen of the United States or who owes permanent allegiance to the United States or is an alien lawfully admitted for permanent residence in the United States, as defined in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)); or

(2) a corporation, partnership, or other business association that is organized under the laws of the United States, any State or territory thereof, or the District of Columbia.

TITLE II--UNITED STATES ASSISTANCE FOR RECONSTRUCTION AND RECONCILIATION IN IRAQ

Subtitle A--Bilateral Assistance

SEC. 201. MODIFICATION OF AUTHORITIES RELATING TO THE SPECIAL INSPECTOR GENERAL FOR IRAQ RECONSTRUCTION.

(a) Duties- Section 1054(a) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2397) is amended by inserting `or any subsequent fiscal year' after `fiscal year 2006'.

(b) Termination- Section 3001(o) of the Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004 (Public Law 108-106; 117 Stat. 1238; 5 U.S.C. App., note to section 8G of Public Law 95-452), as amended by section 1054(b) of Public Law 109-364 and section 2 of the Iraq Reconstruction Accountability Act of 2006 (Public Law 109-440), is amended in paragraph (1)(B) by inserting `or any subsequent fiscal year' after `fiscal year 2006'.

SEC. 202. STUDY AND REPORT ON DAMAGE TO IRAQI CIVIL SOCIETY AND INFRASTRUCTURE.

(a) Study- The President of the United States, acting through the heads of the relevant departments and agencies of the Government of the United States and in consultation with the Government of Iraq, is authorized to conduct a study on the damage to Iraqi civil society and infrastructure as a result of Operation Iraqi Freedom.

(b) Report- The President shall transmit to Congress a report that contains the results of the study conducted pursuant to subsection (a).

(c) Authorization of Appropriations- There is authorized to be appropriated to the President to carry out this section $100,000,000 for fiscal year 2008.

SEC. 203. ASSISTANCE TO ESTABLISH AN IRAQI RECONSTRUCTION CORPS.

(a) Assistance- The President of the United States is authorized to provide assistance to the Government of Iraq to establish and train an Iraqi reconstruction corps to rebuild the infrastructure of Iraq. To the maximum extent practicable, the Iraqi reconstruction corps should carry out its activities in accordance with the results of the study conducted pursuant to section 202.

(b) Terms and Conditions- Assistance under this section may be provided on such terms and conditions as the President may determine.

(c) Authorization of Appropriations- There is authorized to be appropriated to the President to carry out this section $500,000,000 for fiscal year 2008.

SEC. 204. ASSISTANCE FOR THE DESTRUCTION OF LAND MINES AND RELATED ACTIVITIES IN IRAQ.

(a) Assistance- The President of the United States is authorized to provide assistance for the destruction of land mines, unexploded ordnance, and clean-up of depleted uranium in artillery shells and related targets in Iraq.

(b) Terms and Conditions- Assistance under this section may be provided on such terms and conditions as the President may determine.

(1) IN GENERAL- There is authorized to be appropriated to the President to carry out this section $250,000,000 for fiscal year 2008.

(2) ADDITIONAL AUTHORITIES- Amounts appropriated pursuant to the authorization of appropriations under paragraph (1)--

(A) may be referred to as the `Iraqi Demining Fund';

(B) are authorized to remain available until expended; and

SEC. 205. ASSISTANCE TO DISMANTLE AND DISPOSE OF FORTIFICATIONS AND OTHER REMNANTS OF OPERATION IRAQI FREEDOM.

(a) Assistance- The President of the United States is authorized to provide assistance to the Government of Iraq to dismantle and dispose of fortifications, including concrete walls, and other remnants of Operation Iraqi Freedom.

(b) Terms and Conditions-

(1) IN GENERAL- Assistance under this section may be provided on such terms and conditions as the President may determine.

(2) SENSE OF CONGRESS- It is the sense of Congress that, to the maximum extent practicable, priority should be given to train and hire Iraqi civilians to carry out the activities described in subsection (a) and to allocate funds to local units of government in Iraq, including village, town, and city councils, to carry out the activities described in subsection (a).

(c) Authorization of Appropriations- There is authorized to be appropriated to the President to carry out this section $500,000,000 for fiscal year 2008.

SEC. 206. ASSISTANCE TO RECOVER ANCIENT RELICS AND TO RESTORE ARCHEOLOGICAL, CULTURAL, AND HISTORICAL SITES IN IRAQ.

(a) Assistance- The President of the United States is authorized to provide assistance to recover ancient relics and to restore archeological, cultural, and historical sites of international significance and importance in Iraq.

(b) Grant Requirement- To the maximum extent practicable, assistance under this section shall be provided in the form of grants to a consortium that includes the Iraqi Museum of Antiquities, the Smithsonian Institution, the World Monuments Fund, and the Oriental Institute of the University of Chicago.

(1) IN GENERAL- Assistance under this section may be provided on such terms and conditions as the President may determine.

(d) Authorization of Appropriations- There is authorized to be appropriated to the President to carry out this section $250,000,000 for fiscal year 2008.

SEC. 207. COMPENSATION FOR IRAQI NONCOMBATANT CIVILIAN CASUALTIES.

(a) Determination and Certification of Claims-

(1) IN GENERAL- The Commission shall determine the validity and amount of each claim by a citizen or national of Iraq for loss of property or personal injury or death resulting from United States military operations in Iraq during the period beginning on March 19, 2003, and ending 6 months after the date of enactment of this Act. Any claim under this section shall be barred unless it is filed with the Commission within 3 years after the date of enactment of this Act. The Commission shall publish in the Federal Register, and in the media to which Iraqi citizens have easy access, the procedures for making a claim with the Commission under this section. The Commission shall certify to each claimant the amount determined by the Commission to be payable on the claim under this section.

(2) EXCLUSIONS- The Commission shall deny the validity of any claim for loss of property or personal injury or death under paragraph (1) of any person who participated in the armed insurgency in Iraq after May 1, 2003.

(b) Applicable Law- In deciding claims under subsection (a), the Commission shall apply, in the following order--

(1) applicable substantive law, including international law; and

(2) applicable principles of justice and equity.

(c) Applicability of International Claims Settlement Act- To the extent they are not inconsistent with the provisions of this act, the provisions of title I (other than section 2(c) ) and title VII of the International Claims Settlement Act of 1949 (22 U.S.C. 1621-1627 and 1645-1645o) shall apply with respect to claims under this section.

(d) Notice and Hearings- The Secretary of State shall take the necessary steps to ensure that the people of Iraq have adequate notice of the process for making a claim under this section. The Commission may conduct hearings at places in Iraq in order to facilitate the claims process under this section. The Commission shall consult with appropriate representatives of Iraqi citizens in determining claims under this section.

(e) Claims Fund- The Secretary of the Treasury is authorized to establish in the Treasury of the United States a fund (in this section referred to as the `Iraq Claims Fund') for payment of claims certified under subsection (a). The Secretary of the Treasury shall cover into the Iraq Claims Fund such amounts as are appropriated to the fund pursuant to subsection (k).

(f) Certification of Amount of Claims- The Commission shall certify to the Secretary of the Treasury each award made pursuant to subsection (a). The Secretary of the Treasury shall make payments on each such award, in the following order of priority to the extent funds are available pursuant to this section:

(1) Payment of $10,000 or the principal amount, whichever is less.

(2) Payments from time to time in ratable proportions on account of the unpaid balance of the principal amounts of all awards according to the proportions which the unpaid balance of such awards bears to the total amount in the Iraq Claims Fund that is available for distribution at the time such payments are made.

(3) After payment has been made of the principal amounts of all such awards, pro rate payments on account of accrued interest on such awards as bear interest.

(g) Authority to Transfer Records- The head of any executive agency may transfer or otherwise make available to the Commission such records and documents relating to claims authorized to be determined under this section as may be required by the Commission in carrying out its functions under this section.

(h) Statute of Limitations; Publication Notice-

(1) STATUTE OF LIMITATIONS- Any demand or claim for payment on account of an award that is certified under this section shall be barred on and after the date that is 2 years after the date on which notice is published under paragraph (2).

(2) PUBLICATION OF NOTICE-

(A) PUBLICATION- At the end of the 1-year period specified in subparagraph (B), the Secretary of the Treasury shall publish notice in the Federal Register, and in the media to which Iraqi citizens have easy access, detailing the statute of limitations provided for in paragraph (1) and identifying the claim numbers of, and the names of the claimants holding, unpaid certified claims.

(B) PUBLICATION DATE- The notice required by subparagraph (A) shall be published 1 year after the last date on which the Secretary of the Treasury covers into the Iraq Claims Fund amounts appropriated to that fund pursuant to subsection (k).

(i) Disposition of Unused Funds- At the end of the 2-year period beginning on the publication date of the notice required by subsection (h)(2), the Secretary of the Treasury shall deposit in the Treasury of the United States as miscellaneous receipts all funds remaining in the Iraq Claims Fund that are not used for payments of certified claims under this section.

(j) Definitions- In this section:

(1) EXECUTIVE AGENCY- The term `executive agency' has the meaning given that term by section 105 of title 5, United States Code.

(2) COMMISSION- The term `commission' means the Foreign Claims Settlement Commission of the United States.

(k) Authorization of Appropriations- There are authorized to be appropriated not less than $200,000,000 to pay claims under this section. Amounts appropriated pursuant to this subsection shall remain available until expended.

SEC. 208. ASSISTANCE TO ESTABLISH AN IRAQI INSTITUTE OF PEACE.

(a) Assistance- The President of the United States is authorized to provide assistance to the Government of Iraq to establish an independent, nonprofit Iraqi institute of peace to serve the people and Government of Iraq. To the maximum extent practicable, the Iraqi institute of peace should provide the widest possible range of education and training, basic and applied research opportunities, and peace information services on the means to promote domestic tranquility and international peace and the resolution of conflicts without recourse to violence.

(b) Terms and Conditions- Assistance under this section may be provided on such terms and conditions as the President may determine.

(c) Authorization of Appropriations- There is authorized to be appropriated to the President to carry out this section $25,000,000 for fiscal year 2008.

Subtitle B--Multilateral Assistance

SEC. 211. INTERNATIONAL FUND TO REDEVELOP CIVIC INSTITUTIONS IN IRAQ.

(a) International Fund- The President of the United States is authorized to seek to establish an international fund to redevelop civic institutions in Iraq and to make United States contributions to the international fund.

(b) Sense of Congress- It is the sense of Congress that the international fund described in subsection (a) should provide incentives for the return of exiled or emigre Iraqi doctors, nurses, educators, jurists, engineers, attorneys, writers, journalists, and other professionals and the training of additional Iraqis in essential professions and services.

(c) Authorization of Appropriations- There is authorized to be appropriated to the President to carry out this section $1,000,000,000 for fiscal year 2008.

SEC. 212. INTERNATIONAL FUND TO RECONSTITUTE THE PUBLIC HEALTH SYSTEM IN IRAQ.

(a) International Fund- The President of the United States is authorized to seek to establish an international fund to reconstitute the public health system in Iraq and to make United States contributions to the international fund. To the maximum extent practicable, the international fund should be supervised and administered jointly by the World Health Organization, the United Nations Children's Fund (UNICEF), the World Food Program, and the Food and Agriculture Organization.

(b) Sense of Congress- It is the sense of Congress that the international fund described in subsection (a) should provide for the rebuilding of hospitals and clinics in Iraq and the purchase of diagnostic and therapeutic equipment and services for hospitals and clinics in Iraq.

(c) Authorization of Appropriations- There is authorized to be appropriated to the President to carry out this section $1,700,000,000 for fiscal year 2008.

TITLE III--GUARANTEED HEALTH CARE FOR VETERANS OF OPERATION IRAQI FREEDOM AND OTHER CONFLICTS

SEC. 301. ASSURANCE OF ADEQUATE FUNDING FOR VETERANS HEALTH CARE.

(a) In General- Chapter 3 of title 38, United States Code, is amended by adding at the end the following new section:

`Sec. 321. Assured funding for veterans health care

`(a) Availability of Funds- For each fiscal year, the Secretary of the Treasury shall make available to the Secretary of Veterans Affairs the amount determined under subsection (b) with respect to that fiscal year. Each such amount is available, without fiscal year limitation, for the programs, functions, and activities of the Veterans Health Administration, as specified in subsection (c).

`(b) Amount- (1) The amount applicable to fiscal year 2008 under this subsection is the amount equal to 130 percent of the amount obligated by the Department during fiscal year 2006 for the purposes specified in subsection (c).

`(2) The amount applicable to any fiscal year after fiscal year 2008 under this subsection is the amount equal to the product of the following:

`(A) The sum of--

`(i) the number of veterans enrolled in the Department health care system under section 1705 of this title as of July 1 preceding the beginning of such fiscal year; and

`(ii) the number of persons eligible for health care under chapter 17 of this title who are not covered by clause (i) and who were provided hospital care or medical services under such chapter at any time during the fiscal year preceding such fiscal year.

`(B) The per capita baseline amount, as increased from time to time pursuant to paragraph (3)(B).

`(3)(A) For purposes of paragraph (2)(B), the term `per capita baseline amount' means the amount equal to--

`(i) the amount specified in paragraph (1), divided by

`(ii) the number of veterans enrolled in the Department health care system under section 1705 of this title as of the date of the enactment of this section.

`(B) With respect to any fiscal year, the Secretary shall provide a percentage increase (rounded to the nearest dollar) in the per capita baseline amount equal to the percentage by which--

`(i) the Consumer Price Index (all Urban Consumers, United States City Average, Hospital and related services, Seasonally Adjusted), published by the Bureau of Labor Statistics of the Department of Labor for the 12-month period ending on the June 30 preceding the beginning of the fiscal year for which the increase is made, exceeds

`(ii) such Consumer Price Index for the 12-month period preceding the 12-month period described in clause (i).

`(c) Use of Funds- (1) Except as provided in paragraph (2), the purposes for which amounts made available pursuant to subsection (a) shall be all programs, functions, and activities of the Veterans Health Administration.

`(2) Amounts made available pursuant to subsection (a) are not available for--

`(A) construction, acquisition, or alteration of medical facilities as provided in subchapter I of chapter 81 of this title (other than for such repairs as were provided for before the date of the enactment of this section through the Medical Care appropriation for the Department); or

`(B) grants under subchapter III of chapter 81 of this title.'.

(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. Assured funding for veterans health care.'.

TITLE IV--ESTABLISHMENT OF JOINT SELECT COMMITTEE TO REVIEW THE ORIGINS AND CONDUCT OF OPERATION IRAQI FREEDOM

SEC. 401. ESTABLISHMENT OF JOINT SELECT COMMITTEE.

There is hereby established in the Congress the Joint Select Committee to Review the Origins and Conduct of Operation Iraqi Freedom (hereafter in this title referred to as the `Joint Select Committee').

SEC. 402. DUTIES.

(a) In General- The Joint Select Committee shall have authority--

(1) to conduct a comprehensive study and review of the origins and conduct of the United States military intervention in Iraq ordered on March 19, 2003 and its aftermath; and

(2) to make recommendations to the House of Representatives and Senate for such legislation or other action the Joint Select Committee considers necessary in response to its findings under the study and review conducted under paragraph (1) and to submit such recommendations directly to the committees of the House and Senate with jurisdiction over the legislation or other action.

(b) Reports-

(1) INTERIM- The Joint Select Committee may submit such interim reports to Congress on its activities and findings as it considers appropriate.

(2) FINAL REPORT AND RECOMMENDATIONS- Not later than December 31, 2008, the Joint Select Committee shall submit a final report to Congress on its activities and findings, and shall include in the report all of the recommendations described in subsection (a)(2).

SEC. 403. MEMBERSHIP.

(a) Composition and Appointment-

(1) IN GENERAL- The Joint Select Committee shall be composed of 18 Members of the House of Representatives and Senate, of whom--

(A) 9 shall be Members of the House of Representatives and shall be appointed by the Speaker of the House of Representatives in consultation with the Minority Leader of the House of Representatives; and

(B) 9 shall be Members of the Senate and shall be appointed by the Majority Leader of the Senate in consultation with the Minority Leader of the Senate.

(2) TREATMENT OF DELEGATE AND RESIDENT COMMISSIONER- For purposes of this subsection, a `Member' of the House of Representatives includes a Delegate or Resident Commissioner to the Congress.

(b) Chair and Vice-Chair- At the time of appointment, one of the members of the Joint Select Committee shall be designated jointly by the Speaker and Majority Leader as the chair of the Joint Select Committee and one shall be designated jointly by the Speaker and Majority Leader as the vice-chair of the Joint Select Committee. The chair and vice-chair may not be Members of the same House of Congress.

(c) Vacancies- A vacancy in the membership of the Joint Select Committee shall not affect the power of the remaining members to execute the functions of the Joint Select Committee, and shall be filled in the same manner as in the case of the original appointment.

SEC. 404. POWERS.

(a) Hearings and Other Activities- For the purpose of carrying out its duties, during the present Congress the Joint Select Committee may hold such hearings and undertake such other activities as the Joint Select Committee determines to be necessary to carry out its duties, whether the Congress is in session, has recessed, or has adjourned.

(b) Obtaining Information-

(1) AUTHORITY TO USE SUBPOENAS- The Joint Select Committee may require by subpoena the attendance of such witnesses and the production of such books, papers, and documents, as it considers appropriate.

(2) PROCEDURES- Subpoenas may be issued over the signature of the chair of the Joint Select Committee or of any member designated by the chair or by the Joint Select Committee to the extent the chairman or such member is authorized by a majority of the joint committee to issue such subpoenas, and may be served by any person designated by such chairman or member.

(c) Access to Legislative Branch Services- The Joint Select Committee shall have access to the services of the Government Accountability Office, the Congressional Budget Office, and the Congressional Research Service in the same manner and under the same terms and conditions as any standing committee of the House of Representatives or Senate.

SEC. 405. STAFF.

(a) Appointment of Staff- The chair of the Joint Select Committee may appoint and fix the pay of such personnel as the chair considers appropriate to assist the Joint Select Committee in carrying out its duties, except that no individual appointed under this authority may receive pay at a rate greater than the highest annual rate of pay which may be paid to any employee of the House of Representatives whose salary is paid exclusively out of a Members' Representational Allowance.

(b) Detail of Federal Employees- Upon the request of the Joint Select Committee, the head of any Federal agency or of any office in the legislative branch is authorized to detail, without reimbursement, any of the personnel of such agency or office to the Joint Select Committee to assist the Joint Select Committee in carrying out its duties.

SEC. 406. FUNDING.

(a) Vouchers- Payments for expenses of the Joint Select Committee shall be made using vouchers authorized by the Joint Select Committee, signed by the chair of the Joint Select Committee, and approved in a manner directed by the Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives.

(b) Source of Funds- There are authorized to be appropriated such sums as may be necessary for the operation of the Joint Select Committee, of which--

(1) 50 percent shall be derived from the applicable accounts of the House of Representatives; and

(2) 50 percent shall be derived from the contingent fund of the Senate.

SEC. 407. TERMINATION.

(a) Termination Date- The Joint Select Committee shall terminate not later than 15 days after submitting the final report and recommendations required under section 402(b)(2).

(b) Transfer of Records- Upon termination of the Joint Select Committee, the records of the Joint Select Committee shall be transferred jointly to, and held jointly by, the Clerk of the House of Representatives and Secretary of the Senate.

END