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Staff Contact: Brad Watson (x69719) November 14, 2007

**Appropriations Policy Brief**

**H.R. 4156 --- FY 2008 Orderly and Responsible Iraq Redeployment
Appropriations Act**

**[Iraq Policy Section (Title I):]{.underline}**

In general, Title I of the bill contains many of the same provisions
included in other Iraq measures considered by this Congress, including
the previous House-passed versions of the [FY 2007 Iraq
supplemental](http://www.house.gov/hensarling/rsc/doc/LB_Iraq Supp_031607.doc)
that were not enacted into law.

**Sense of Congress on Purpose of Funding:** States that it is the sense
of the Congress that "the primary purpose of funds made available by
this act should be to transition the mission of the United States Armed
Forces in Iraq and undertake their redeployment, and not to extend or
prolong the war."

**Interrogation:** Prohibits the U.S. government from using
interrogation techniques not "authorized by and listed in the United
States Army Field Manual FM2-22.3 Human Intelligence Collector
Operations."

**Torture Prohibition**: Prohibits the use of funds to negate a series
of laws and regulations promulgated to implement the United Nations
Convention Against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (Section 1313).

**Mission Capable Units in Iraq:**  Prohibits funds from being used to
deploy any unit of the Armed Forces to Iraq unless the President has
certified in writing to Congress at least 15 days in advance of the
deployment that the unit is fully mission capable. The President may
waive this requirement for "reasons of national security."

**Withdrawal from Iraq:** Requires the President, within 30 days of this
bill's enactment, to commence an immediate and orderly redeployment of
U.S. Armed Forces from Iraq. H.R. 4156 sets as the goal for the
transition to a "limited presence" by December 15, 2008. This limited
presence would consist of:

-   Protecting the U.S. Armed Forces, U.S. diplomatic facilities, and
    American citizens

-   "Conducting limited training, equipping, and providing logistical
    and intelligence support to the Iraq Security forces"; and

-   Engaging in "targeted counterterrorism operations."

Requires the Secretary of Defense to report to Congress by February 1,
2008, and then every 90 days thereafter, on the progress toward a
presence in Iraq that meets what is outlined in the bill and described
above.

**Possible Conservative Concerns:** Some conservatives might be
concerned that this legislation would undermine the constitutional
authority of the President as Commander-in-Chief. Furthermore, some
conservatives might be concerned that this bill would give strength to
our enemy by showing American weakness and encouraging our enemy to wait
until after the deadlines in this legislation to launch more attacks.

**[Defense War Supplemental (Title II):]{.underline}**

[]{.mark}

In millions

  ------------------------------------------- ------------- -------------
  **Department of Defense**                   **Request**   **House**

  Military Personnel                          5,434         1,003

  Operations & Maintenance                    80,972        43,205

  *Army*                                      54,933        27,429

  *Navy*                                      6,253         2,071

  *Marine Corps*                              4,675         2,429

  *Air Force*                                 10,810        3,583

  *Defense-wide*                              6,402         1,331

  *Army Reserve*                              197           61

  *Navy Reserve*                              83            48

  *Marine Corps Reserve*                      68            26

  *Air Force Reserve*                         24            8

  *Army National Guard*                       757           378

  *Air National Guard*                        103           34

  *Afghanistan Security Fund*                 NA            500

  *Iraq Security Forces*                      3,000         500

  *Iraq Freedom Fund*                         208           3,168

  *Joint Improvised Explosive Device Defeat   4,269         1,639
  Fund*                                                     

  Procurement                                 45,503        5,141

  Defense Health Program                      1,137         649

  **Total**                                   **189,000**   **49,998**
  ------------------------------------------- ------------- -------------

[]{.mark}

**[Items of Note:]{.underline}**

**Transfer Authority**: Allows the Secretary of Defense to transfer,
between the accounts in this bill, up to \$4 billion.

**Permanent Bases/ Control of Oil in Iraq:** Prohibits funds from being
used to establish any military installation or base for the purpose of
providing for the permanent stationing of U.S. Armed Forces in Iraq. In
addition, the bill prohibits funds from being used to "exercise United
States control over any oil resource in Iraq." This language is
substantively the same as H.R. 2929, which passed the House on July 25,
2007. For more analysis on this issue, see the RSC Legislative Bulletin
for [H.R.
2929](http://www.house.gov/hensarling/rsc/doc/LB_072507_IraqPermBases.doc).

**Report on Performance Indicators:** Requires the Secretary of Defense,
by January 15, 2008 and then every 90 days thereafter, to report to
Congress on a "comprehensive set of performance indicators and measures
of for progress toward military and political stability in Iraq" as
detailed in the bill (and similar to benchmarks included in previous
Iraq-withdrawal legislation).

**Notification Requirement:** Requires the Secretary to notify the
congressional defense committees of any proposed new projects or
transfers of funds between sub-activity groups in excess of \$15,000,000
using funds appropriated by this Act under the headings Iraq Security
Forces Fund and Afghanistan Security Forces Fund.