[Congressional Record Volume 153, Number 175 (Tuesday, November 13, 2007)]
[Senate]
[Pages S14295-S14298]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCONNELL (for himself and Mr. Stevens):
  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; read the first time.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the text 
of the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
placed in the Record, as follows:

                                S. 2340

       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.

[[Page S14296]]

                    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.

                        Reverse 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

[[Page S14297]]

     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

[[Page S14298]]

     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 counter-
     insurgency 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''.
                                 ______