[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2340 Placed on Calendar Senate (PCS)]






                                                       Calendar No. 484
110th CONGRESS
  1st Session
                                S. 2340

  Making emergency supplemental appropriations for the Department of 
 Defense for the fiscal year ending September 30, 2008, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 13, 2007

 Mr. McConnell (for himself, Mr. Stevens, and Mr. Cochran) introduced 
           the following bill; which was read the first time

                           November 14, 2007

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
  Making emergency supplemental appropriations for the Department of 
 Defense for the fiscal year ending September 30, 2008, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2008.

                                TITLE I

                           MILIARY PERSONNEL

                        Military Personnel, Army

    For an additional amount for ``Military Personnel, Army'', 
$6,158,778,000.

                        Military Personnel, Navy

    For an additional amount for ``Military Personnel, Navy'', 
$395,839,000.

                    Military Personnel, Marine Corps

    For an additional amount for ``Military Personnel, Marine Corps'', 
$895,011,000.

                     Military Personnel, Air Force

    For an additional amount for ``Military Personnel, Air Force'', 
$707,945,000.

                        Reserve Personnel, Army

    For an additional amount for ``Reserve Personnel, Army'', 
$115,150,000.

                        Reserve Personnel, Navy

    For an additional amount for ``Reserve Personnel, Navy'', 
$35,000,000.

                    Reserve Personnel, Marine Corps

    For an additional amount for ``Reserve Personnel, Marine Corps'', 
$7,710,000.

                      Reserve Personnel, Air Force

    For an additional amount for ``Reserve Personnel, Air Force'', 
$1,500,000.

                     National Guard Personnel, Army

    For an additional amount for ``National Guard Personnel, Army'', 
$334,000,000.

                                TITLE II

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

    For an additional amount for ``Operation and Maintenance, Army'', 
$27,853,000,000.

                    Operation and Maintenance, Navy

                     (including transfers of funds)

    For an additional amount for ``Operation and Maintenance, Navy'', 
$2,664,000,000: Provided, That up to $98,000,000 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'', $2,649,807,000.

                  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'', $1,836,318,000, 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'', 
$2,264,500,000, 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

                       Aircraft Procurement, Army

    For an additional amount for ``Aircraft Procurement, Army'', 
$1,300,503,000, to remain available for obligation until September 30, 
2010.

                       Missile Procurement, Army

    For an additional amount for ``Missile Procurement, Army'', 
$133,621,000, 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'', $4,512,566,000, 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'', 
$2,300,942,000, to remain available for obligation until September 30, 
2010.

                       Aircraft Procurement, Navy

    For an additional amount for ``Aircraft Procurement, Navy'', 
$45,900,000, to remain available for obligation until September 30, 
2010.

                       Weapons Procurement, Navy

    For an additional amount for ``Weapons Procurement, Navy'', 
$159,141,000, 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'', 
$140,061,000, to remain available for obligation until September 30, 
2010.

                       Procurement, Marine Corps

    For an additional amount for ``Procurement, Marine Corps'', 
$733,550,000, to remain available for obligation until September 30, 
2010.

                    Aircraft Procurement, Air Force

    For an additional amount for ``Aircraft Procurement, Air Force'', 
$133,500,000, to remain available for obligation until September 30, 
2010.

                  Procurement of Ammunition, Air Force

    For an additional amount for ``Procurement of Ammunition, Air 
Force'', $52,203,000, to remain available for obligation until 
September 30, 2010.

                      Other Procurement, Air Force

    For an additional amount for ``Other Procurement, Air Force'', 
$199,617,000, 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

                     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

                         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'', $128,809,000.

                                TITLE VI

                           GENERAL PROVISIONS

    Sec. 601.  Appropriations provided in this Act are available for 
obligation until September 30, 2008, unless otherwise so provided in 
this Act.
    Sec. 602.  Notwithstanding any other provision of law or of this 
Act, funds made available in this Act 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 $3,000,000,000 of the funds made 
available to the Department of Defense in this Act: 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 Act, or made available by the 
transfer of funds in or pursuant to 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).
    Sec. 605.  None of the funds provided in this Act 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 Act 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 Act 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 Act 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 Act 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 Act 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 Act, 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 Act may be cited as the ``Emergency Supplemental 
Appropriations Act for Defense, 2008''.
                                                       Calendar No. 484

110th CONGRESS

  1st Session

                                S. 2340

_______________________________________________________________________

                                 A BILL

  Making emergency supplemental appropriations for the Department of 
 Defense for the fiscal year ending September 30, 2008, and for other 
                               purposes.

_______________________________________________________________________

                           November 14, 2007

            Read the second time and placed on the calendar