[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2764 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
December 18, 2007.
Resolved, That the Senate agree to the amendments of the House of
Representatives to the amendment of the Senate to the bill (H.R. 2764)
entitled ``An Act making appropriations for the Department of State,
foreign operations, and related programs for the fiscal year ending
September 30, 2008, and for other purposes.'', with the following
SENATE AMENDMENT TO HOUSE AMENDMENTS TO SENATE AMENDMENT:
Page 1431, line 15, of the House engrossed amendments to
the Senate amendment to the text of the bill, strike division L
and insert:
DIVISION L--SUPPLEMENTAL APPROPRIATIONS, DEFENSE
TITLE I--MILITARY PERSONNEL
MILIARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$782,500,000.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$95,624,000.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$56,050,000.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$138,037,000.
TITLE II--OPERATION AND MAINTENANCE
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$35,152,370,000.
Operation and Maintenance, Navy
(including transfers of funds)
For an additional amount for ``Operation and Maintenance, Navy'',
$3,664,000,000: Provided, That up to $110,000,000 shall be transferred
to the Coast Guard ``Operating Expenses'' account.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $3,965,638,000.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $4,778,000,000.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $2,116,950,000, of which up to $300,000,000, to remain
available until expended, may be used for payments to reimburse
Pakistan, Jordan, and other key cooperating nations, for logistical,
military, and other support provided, or to be provided, to United
States military operations, notwithstanding any other provision of law:
Provided, That such payments may be made in such amounts as the
Secretary of Defense, with the concurrence of the Secretary of State,
and in consultation with the Director of the Office of Management and
Budget, may determine, in his discretion, based on documentation
determined by the Secretary of Defense to adequately account for the
support provided, and such determination is final and conclusive upon
the accounting officers of the United States, and 15 days following
notification to the appropriate congressional committees: Provided
further, That the Secretary of Defense shall provide quarterly reports
to the congressional defense committees on the use of funds provided in
this paragraph.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance, Army
Reserve'', $77,736,000.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance, Navy
Reserve'', $41,657,000.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance, Marine
Corps Reserve'', $46,153,000.
Operations and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance, Air Force
Reserve'', $12,133,000.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $327,000,000.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $51,634,000.
Iraq Freedom Fund
(including transfer of funds)
For an additional amount for ``Iraq Freedom Fund'', $3,747,327,000,
to remain available for transfer until September 30, 2009, only to
support operations in Iraq or Afghanistan: Provided, That the Secretary
of Defense may transfer the funds provided herein to appropriations for
military personnel; operation and maintenance; Overseas Humanitarian,
Disaster, and Civic Aid; procurement; research, development, test and
evaluation; and working capital funds: Provided further, That funds
transferred shall be merged with and be available for the same purposes
and for the same time period as the appropriation or fund to which
transferred: Provided further, That this transfer authority is in
addition to any other transfer authority available to the Department of
Defense: Provided further, That upon a determination that all or part
of the funds transferred from this appropriation are not necessary for
the purposes provided herein, such amounts may be transferred back to
this appropriation: Provided further, That the Secretary of Defense
shall, not fewer than 5 days prior to making transfers from this
appropriation, notify the congressional defense committees in writing
of the details of any such transfer: Provided further, That the
Secretary shall submit a report no later than 30 days after the end of
each fiscal quarter to the congressional defense committees summarizing
the details of the transfer of funds from this appropriation.
Afghanistan Security Forces Fund
(including transfer of funds)
For the ``Afghanistan Security Forces Fund'', $1,350,000,000, to
remain available until September 30, 2009: Provided, That such funds
shall be available to the Secretary of Defense, notwithstanding any
other provision of law, for the purpose of allowing the Commander,
Office of Security Cooperation-Afghanistan, or the Secretary's
designee, to provide assistance, with the concurrence of the Secretary
of State, to the security forces of Afghanistan, including the
provision of equipment, supplies, services, training, facility and
infrastructure repair, renovation, and construction, and funding:
Provided further, That the authority to provide assistance under this
heading is in addition to any other authority to provide assistance to
foreign nations: Provided further, That the Secretary of Defense may
transfer such funds to appropriations for military personnel; operation
and maintenance; Overseas Humanitarian, Disaster, and Civic Aid;
procurement; research, development, test and evaluation; and defense
working capital funds to accomplish the purposes provided herein:
Provided further, That this transfer authority is in addition to any
other transfer authority available to the Department of Defense:
Provided further, That upon a determination that all or part of the
funds so transferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred back to this
appropriation: Provided further, That contributions of funds for the
purposes provided herein from any person, foreign government, or
international organization may be credited to this Fund, and used for
such purposes: Provided further, That the Secretary shall notify the
congressional defense committees in writing upon the receipt and upon
the transfer of any contribution delineating the sources and amounts of
the funds received and the specific use of such contributions: Provided
further, That the Secretary of Defense shall, not fewer than five days
prior to making transfers from this appropriation account, notify the
congressional defense committees in writing of the details of any such
transfer: Provided further, That the Secretary shall submit a report no
later than 30 days after the end of each fiscal quarter to the
congressional defense committees summarizing the details of the
transfer of funds from this appropriation.
Iraq Security Forces Fund
(including transfer of funds)
For the ``Iraq Security Forces Fund'', $1,500,000,000, to remain
available until September 30, 2009: Provided, That such funds shall be
available to the Secretary of Defense, notwithstanding any other
provision of law, for the purpose of allowing the Commander, Multi-
National Security Transition Command-Iraq, or the Secretary's designee,
to provide assistance, with the concurrence of the Secretary of State,
to the security forces of Iraq, including the provision of equipment,
supplies, services, training, facility and infrastructure repair,
renovation, and construction, and funding: Provided further, That the
authority to provide assistance under this heading is in addition to
any other authority to provide assistance to foreign nations: Provided
further, That the Secretary of Defense may transfer such funds to
appropriations for military personnel; operation and maintenance;
Overseas Humanitarian, Disaster, and Civic Aid; procurement; research,
development, test and evaluation; and defense working capital funds to
accomplish the purposes provided herein: Provided further, That this
transfer authority is in addition to any other transfer authority
available to the Department of Defense: Provided further, That upon a
determination that all or part of the funds so transferred from this
appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That contributions of funds for the purposes provided herein
from any person, foreign government, or international organization may
be credited to this Fund, and used for such purposes: Provided further,
That the Secretary shall notify the congressional defense committees in
writing upon the receipt and upon the transfer of any contribution
delineating the sources and amounts of the funds received and the
specific use of such contributions: Provided further, That the
Secretary of Defense shall, not fewer than five days prior to making
transfers from this appropriation account, notify the congressional
defense committees in writing of the details of any such transfer:
Provided further, That the Secretary shall submit a report no later
than 30 days after the end of each fiscal quarter to the congressional
defense committees summarizing the details of the transfer of funds
from this appropriation.
Joint Improvised Explosive Device Defeat Fund
(including transfer of funds)
For the ``Joint Improvised Explosive Device Defeat Fund'',
$4,269,000,000, to remain available until September 30, 2010: Provided,
That such funds shall be available to the Secretary of Defense,
notwithstanding any other provision of law, for the purpose of allowing
the Director of the Joint Improvised Explosive Device Defeat
Organization to investigate, develop and provide equipment, supplies,
services, training, facilities, personnel and funds to assist United
States forces in the defeat of improvised explosive devices: Provided
further, That within 60 days of the enactment of this Act, a plan for
the intended management and use of the Fund is provided to the
congressional defense committees: Provided further, That the Secretary
of Defense shall submit a report not later than 30 days after the end
of each fiscal quarter to the congressional defense committees
providing assessments of the evolving threats, individual service
requirements to counter the threats, the current strategy for
predeployment training of members of the Armed Forces on improvised
explosive devices, and details on the execution of this Fund: Provided
further, That the Secretary of Defense may transfer funds provided
herein to appropriations for military personnel; operation and
maintenance; procurement; research, development, test and evaluation;
and defense working capital funds to accomplish the purpose provided
herein: Provided further, That this transfer authority is in addition
to any other transfer authority available to the Department of Defense:
Provided further, That upon determination that all or part of the funds
so transferred from this appropriation are not necessary for the
purpose provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the Secretary of Defense shall,
not fewer than 5 days prior to making transfers from this
appropriation, notify the congressional defense committees in writing
of the details of any such transfer.
TITLE III--PROCUREMENT
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement, Army'',
$943,600,000, to remain available for obligation until September 30,
2010.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and Tracked
Combat Vehicles, Army'', $1,429,445,000, to remain available for
obligation until September 30, 2010.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition, Army'',
$154,000,000, to remain available for obligation until September 30,
2010.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$2,027,800,000, to remain available for obligation until September 30,
2010.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement, Navy'',
$48,500,000, to remain available for obligation until September 30,
2010.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition, Navy and
Marine Corps'', $304,945,000, to remain available for obligation until
September 30, 2010.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$91,481,000, to remain available for obligation until September 30,
2010.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$703,250,000, to remain available for obligation until September 30,
2010.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air Force'',
$51,400,000, to remain available for obligation until September 30,
2010.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$30,725,000, to remain available for obligation until September 30,
2010.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$274,743,000, to remain available for obligation until September 30,
2010.
TITLE IV--REVOLVING AND MANAGEMENT FUNDS
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount of ``Defense Working Capital Funds'',
$1,000,000,000, to remain available for obligation until September 30,
2010.
TITLE V--OTHER DEPARTMENT OF DEFENSE PROGRAMS
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$575,701,000 for Operation and maintenance.
Drug Interdiction and Counter-Drug Activities, Defense
For an additional amount for ``Drug Interdiction and Counter-Drug
Activities, Defense'', $192,601,000.
TITLE VI--GENERAL PROVISIONS
GENERAL PROVISIONS
Sec. 601. Appropriations provided in this division are available
for obligation until September 30, 2008, unless otherwise so provided
in this division.
Sec. 602. Notwithstanding any other provision of law or of this
division, funds made available in this division are in addition to
amounts appropriated or otherwise made available for the Department of
Defense for fiscal year 2008.
(TRANSFER OF FUNDS)
Sec. 603. Upon the determination of the Secretary of Defense that
such action is necessary in the national interest, the Secretary may
transfer between appropriations up to $4,000,000,000 of the funds made
available to the Department of Defense in this division: Provided, That
the Secretary shall notify the Congress promptly of each transfer made
pursuant to the authority in this section: Provided further, That the
authority provided in this section is in addition to any other transfer
authority available to the Department of Defense.
Sec. 604. Funds appropriated in this division, or made available by
the transfer of funds in or pursuant to this division, 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).
Sec. 605. None of the funds provided in this division may be used
to finance programs or activities denied by Congress in fiscal years
2007 or 2008 appropriations to the Department of Defense or to initiate
a procurement or research, development, test and evaluation new start
program without prior written notification to the congressional defense
committees.
Sec. 606. (a) Availability of Funds for CERP.--From funds made
available in this division to the Department of Defense, not to exceed
$500,000,000 may be used, notwithstanding any other provision of law,
to fund the Commander's Emergency Response Program, for the purpose of
enabling military commanders in Iraq to respond to urgent humanitarian
relief and reconstruction requirements within their areas of
responsibility by carrying out programs that will immediately assist
the Iraqi people, and to fund a similar program to assist the people of
Afghanistan.
(b) Quarterly Reports.--Not later than 15 days after the end of
each fiscal year quarter (beginning with the first quarter of fiscal
year 2008), the Secretary of Defense shall submit to the congressional
defense committees a report regarding the source of funds and the
allocation and use of funds during that quarter that were made
available pursuant to the authority provided in this section or under
any other provision of law for the purposes of the programs under
subsection (a).
Sec. 607. During the current fiscal year, funds available to the
Department of Defense for operation and maintenance may be used,
notwithstanding any other provision of law, to provide supplies,
services, transportation, including airlift and sealift, and other
logistical support to coalition forces supporting military and
stability operations in Iraq and Afghanistan: Provided, That the
Secretary of Defense shall provide quarterly reports to the
congressional defense committees regarding support provided under this
section.
Sec. 608. During fiscal year 2008, supervision and administration
costs associated with projects carried out with funds appropriated to
``Afghanistan Security Forces Fund'' or ``Iraq Security Forces Fund''
in this division may be obligated at the time a construction contract
is awarded: Provided, That for the purpose of this section, supervision
and administration costs include all in-house Government costs.
Sec. 609. (a) Reports on Progress Toward Stability in Iraq.--Not
later than 60 days after the date of the enactment of this Act and
every 90 days thereafter through the end of fiscal year 2008, the
Secretary of Defense shall set forth in a report to Congress a
comprehensive set of performance indicators and measures for progress
toward military and political stability in Iraq.
(b) Scope of Reports.--Each report shall include performance
standards and goals for security, economic, and security force training
objectives in Iraq together with a notional timetable for achieving
these goals.
(c) Specific Elements.--In specific, each report shall require, at
a minimum, the following:
(1) With respect to stability and security in Iraq, the
following:
(A) Key measures of political stability, including
the important political milestones that must be
achieved over the next several years.
(B) The primary indicators of a stable security
environment in Iraq, such as number of engagements per
day, numbers of trained Iraqi forces, and trends
relating to numbers and types of ethnic and religious-
based hostile encounters.
(C) An assessment of the estimated strength of the
insurgency in Iraq and the extent to which it is
composed of non-Iraqi fighters.
(D) A description of all militias operating in
Iraq, including the number, size, equipment strength,
military effectiveness, sources of support, legal
status, and efforts to disarm or reintegrate each
militia.
(E) Key indicators of economic activity that should
be considered the most important for determining the
prospects of stability in Iraq, including--
(i) unemployment levels;
(ii) electricity, water, and oil production
rates; and
(iii) hunger and poverty levels.
(F) The criteria the Administration will use to
determine when it is safe to begin withdrawing United
States forces from Iraq.
(2) With respect to the training and performance of
security forces in Iraq, the following:
(A) The training provided Iraqi military and other
Ministry of Defense forces and the equipment used by
such forces.
(B) Key criteria for assessing the capabilities and
readiness of the Iraqi military and other Ministry of
Defense forces, goals for achieving certain capability
and readiness levels (as well as for recruiting,
training, and equipping these forces), and the
milestones and notional timetable for achieving these
goals.
(C) The operational readiness status of the Iraqi
military forces, including the type, number, size, and
organizational structure of Iraqi battalions that are--
(i) capable of conducting counterinsurgency
operations independently;
(ii) capable of conducting
counterinsurgency operations with the support
of United States or coalition forces; or
(iii) not ready to conduct
counterinsurgency operations.
(D) The rates of absenteeism in the Iraqi military
forces and the extent to which insurgents have
infiltrated such forces.
(E) The training provided Iraqi police and other
Ministry of Interior forces and the equipment used by
such forces.
(F) Key criteria for assessing the capabilities and
readiness of the Iraqi police and other Ministry of
Interior forces, goals for achieving certain capability
and readiness levels (as well as for recruiting,
training, and equipping), and the milestones and
notional timetable for achieving these goals,
including--
(i) the number of police recruits that have
received classroom training and the duration of
such instruction;
(ii) the number of veteran police officers
who have received classroom instruction and the
duration of such instruction;
(iii) the number of police candidates
screened by the Iraqi Police Screening Service,
the number of candidates derived from other
entry procedures, and the success rates of
those groups of candidates;
(iv) the number of Iraqi police forces who
have received field training by international
police trainers and the duration of such
instruction; and
(v) attrition rates and measures of
absenteeism and infiltration by insurgents.
(G) The estimated total number of Iraqi battalions
needed for the Iraqi security forces to perform duties
now being undertaken by coalition forces, including
defending the borders of Iraq and providing adequate
levels of law and order throughout Iraq.
(H) The effectiveness of the Iraqi military and
police officer cadres and the chain of command.
(I) The number of United States and coalition
advisors needed to support the Iraqi security forces
and associated ministries.
(J) An assessment, in a classified annex if
necessary, of United States military requirements,
including planned force rotations, through the end of
calendar year 2008.
Sec. 610. Each amount appropriated or otherwise made available in
this division is designated as an emergency requirement and necessary
to meet emergency needs pursuant to subsections (a) and (b) of section
204 of S. Con. Res. 21 (110th Congress), the concurrent resolution on
the budget for fiscal year 2008.
Sec. 611. None of the funds appropriated or otherwise made
available by this division may be obligated or expended to provide
award fees to any defense contractor for performance that does not meet
the requirements of the contract.
Sec. 612. No funds appropriated or otherwise made available by this
division may be used by the Government of the United States to enter
into an agreement with the Government of Iraq that would subject
members of the Armed Forces of the United States to the jurisdiction of
Iraq criminal courts or punishment under Iraq law.
Sec. 613. Notwithstanding any other provision of law, the Secretary
of the Army may reimburse a member for expenses incurred by the member
or family member when such expenses are otherwise not reimbursable
under law: Provided, That such expenses must have been incurred in good
faith as a direct consequence of reasonable preparation for, or
execution of, military orders: Provided further, That reimbursement
under this section shall be allowed only in situations wherein other
authorities are insufficient to remedy a hardship determined by the
Secretary, and only when the Secretary determines that reimbursement of
the expense is in the best interest of the member and the United
States.
Sec. 614. In this division, the term ``congressional defense
committees'' means--
(1) the Committees on Armed Services and Appropriations of
the Senate; and
(2) the Committees on Armed Services and Appropriations of
the House of Representatives.
Sec. 615. This division may be cited as the ``Emergency
Supplemental Appropriations Act for Defense, 2008''.
Attest:
Secretary.
110th CONGRESS
1st Session
H. R. 2764
_______________________________________________________________________
SENATE AMENDMENT TO HOUSE AMENDMENTS TO SENATE AMENDMENT