[Congressional Record (Bound Edition), Volume 154 (2008), Part 8]
[Senate]
[Pages 10466-10494]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4815. Mr. REID (for Mr. Webb) submitted an amendment intended to 
be proposed by Mr. Reid to the bill H.R. 2642, making appropriations 
for military construction, the Department of Veterans Affairs, and 
related agencies for the fiscal year ending September 30, 2008, and for 
other purposes; which was ordered to lie on the table; as follows:

       In lieu of the language proposed to be inserted, insert the 
     following:

               TITLE __--VETERANS EDUCATIONAL ASSISTANCE

     SEC. __001. SHORT TITLE.

       This title may be cited as the ``Post-9/11 Veterans 
     Educational Assistance Act of 2008''.

     SEC. __002. FINDINGS.

       Congress makes the following findings:
       (1) On September 11, 2001, terrorists attacked the United 
     States, and the brave members of the Armed Forces of the 
     United States were called to the defense of the Nation.
       (2) Service on active duty in the Armed Forces has been 
     especially arduous for the members of the Armed Forces since 
     September 11, 2001.
       (3) The United States has a proud history of offering 
     educational assistance to millions of veterans, as 
     demonstrated by the many ``G.I. Bills'' enacted since World 
     War II. Educational assistance for veterans helps reduce the 
     costs of war, assist veterans in readjusting to civilian life 
     after wartime service, and boost the United States economy, 
     and has a positive effect on recruitment for the Armed 
     Forces.
       (4) The current educational assistance program for veterans 
     is outmoded and designed for peacetime service in the Armed 
     Forces.
       (5) The people of the United States greatly value military 
     service and recognize the difficult challenges involved in 
     readjusting to civilian life after wartime service in the 
     Armed Forces.
       (6) It is in the national interest for the United States to 
     provide veterans who serve on active duty in the Armed Forces 
     after September 11, 2001, with enhanced educational 
     assistance benefits that are worthy of such service and are 
     commensurate with the educational assistance benefits 
     provided by a grateful Nation to veterans of World War II.

     SEC. __003. EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE ARMED 
                   FORCES WHO SERVE AFTER SEPTEMBER 11, 2001.

       (a) Educational Assistance Authorized.--
       (1) In general.--Part III of title 38, United States Code, 
     is amended by inserting after chapter 32 the following new 
     chapter:

             ``CHAPTER 33--POST-9/11 EDUCATIONAL ASSISTANCE

                       ``subchapter i--definitions

``Sec.
``3301. Definitions.

                 ``subchapter ii--educational assistance

``3311. Educational assistance for service in the Armed Forces 
              commencing on or after September 11, 2001: entitlement.
``3312. Educational assistance: duration.
``3313. Educational assistance: amount; payment.
``3314. Tutorial assistance.
``3315. Licensure and certification tests.
``3316. Supplemental educational assistance: members with critical 
              skills or specialty; members serving additional service.
``3317. Public-private contributions for additional educational 
              assistance.

[[Page 10467]]

``3318. Additional assistance: relocation or travel assistance for 
              individual relocating or traveling significant distance 
              for pursuit of a program of education.

              ``subchapter iii--administrative provisions

``3321. Time limitation for use of and eligibility for entitlement.
``3322. Bar to duplication of educational assistance benefits.
``3323. Administration.
``3324. Allocation of administration and costs.

                      ``SUBCHAPTER I--DEFINITIONS

     ``Sec. 3301. Definitions

       ``In this chapter:
       ``(1) The term `active duty' has the meanings as follows 
     (subject to the limitations specified in sections 3002(6) and 
     3311(b) of this title):
       ``(A) In the case of members of the regular components of 
     the Armed Forces, the meaning given such term in section 
     101(21)(A) of this title.
       ``(B) In the case of members of the reserve components of 
     the Armed Forces, service on active duty under a call or 
     order to active duty under section 688, 12301(a), 12301(d), 
     12301(g), 12302, or 12304 of title 10.
       ``(2) The term `entry level and skill training' means the 
     following:
       ``(A) In the case of members of the Army, Basic Combat 
     Training and Advanced Individual Training.
       ``(B) In the case of members of the Navy, Recruit Training 
     (or Boot Camp) and Skill Training (or so-called `A' School).
       ``(C) In the case of members of the Air Force, Basic 
     Military Training and Technical Training.
       ``(D) In the case of members of the Marine Corps, Recruit 
     Training and Marine Corps Training (or School of Infantry 
     Training).
       ``(E) In the case of members of the Coast Guard, Basic 
     Training.
       ``(3) The term `program of education' has the meaning the 
     meaning given such term in section 3002 of this title, except 
     to the extent otherwise provided in section 3313 of this 
     title.
       ``(4) The term `Secretary of Defense' has the meaning given 
     such term in section 3002 of this title.

                ``SUBCHAPTER II--EDUCATIONAL ASSISTANCE

     ``Sec. 3311. Educational assistance for service in the Armed 
       Forces commencing on or after September 11, 2001: 
       entitlement

       ``(a) Entitlement.--Subject to subsections (d) and (e), 
     each individual described in subsection (b) is entitled to 
     educational assistance under this chapter.
       ``(b) Covered Individuals.--An individual described in this 
     subsection is any individual as follows:
       ``(1) An individual who--
       ``(A) commencing on or after September 11, 2001, serves an 
     aggregate of at least 36 months on active duty in the Armed 
     Forces (including service on active duty in entry level and 
     skill training); and
       ``(B) after completion of service described in subparagraph 
     (A)--
       ``(i) continues on active duty; or
       ``(ii) is discharged or released from active duty as 
     described in subsection (c).
       ``(2) An individual who--
       ``(A) commencing on or after September 11, 2001, serves at 
     least 30 continuous days on active duty in the Armed Forces; 
     and
       ``(B) after completion of service described in subparagraph 
     (A), is discharged or released from active duty in the Armed 
     Forces for a service-connected disability.
       ``(3) An individual who--
       ``(A) commencing on or after September 11, 2001, serves an 
     aggregate of at least 30 months, but less than 36 months, on 
     active duty in the Armed Forces (including service on active 
     duty in entry level and skill training); and
       ``(B) after completion of service described in subparagraph 
     (A)--
       ``(i) continues on active duty for an aggregate of less 
     than 36 months; or
       ``(ii) before completion of service on active duty of an 
     aggregate of 36 months, is discharged or released from active 
     duty as described in subsection (c).
       ``(4) An individual who--
       ``(A) commencing on or after September 11, 2001, serves an 
     aggregate of at least 24 months, but less than 30 months, on 
     active duty in the Armed Forces (including service on active 
     duty in entry level and skill training); and
       ``(B) after completion of service described in subparagraph 
     (A)--
       ``(i) continues on active duty for an aggregate of less 
     than 30 months; or
       ``(ii) before completion of service on active duty of an 
     aggregate of 30 months, is discharged or released from active 
     duty as described in subsection (c).
       ``(5) An individual who--
       ``(A) commencing on or after September 11, 2001, serves an 
     aggregate of at least 18 months, but less than 24 months, on 
     active duty in the Armed Forces (excluding service on active 
     duty in entry level and skill training); and
       ``(B) after completion of service described in subparagraph 
     (A)--
       ``(i) continues on active duty for an aggregate of less 
     than 24 months; or
       ``(ii) before completion of service on active duty of an 
     aggregate of 24 months, is discharged or released from active 
     duty as described in subsection (c).
       ``(6) An individual who--
       ``(A) commencing on or after September 11, 2001, serves an 
     aggregate of at least 12 months, but less than 18 months, on 
     active duty in the Armed Forces (excluding service on active 
     duty in entry level and skill training); and
       ``(B) after completion of service described in subparagraph 
     (A)--
       ``(i) continues on active duty for an aggregate of less 
     than 18 months; or
       ``(ii) before completion of service on active duty of an 
     aggregate of 18 months, is discharged or released from active 
     duty as described in subsection (c).
       ``(7) An individual who--
       ``(A) commencing on or after September 11, 2001, serves an 
     aggregate of at least 6 months, but less than 12 months, on 
     active duty in the Armed Forces (excluding service on active 
     duty in entry level and skill training); and
       ``(B) after completion of service described in subparagraph 
     (A)--
       ``(i) continues on active duty for an aggregate of less 
     than 12 months; or
       ``(ii) before completion of service on active duty of an 
     aggregate of 12 months, is discharged or released from active 
     duty as described in subsection (c).
       ``(8) An individual who--
       ``(A) commencing on or after September 11, 2001, serves an 
     aggregate of at least 90 days, but less than 6 months, on 
     active duty in the Armed Forces (excluding service on active 
     duty in entry level and skill training); and
       ``(B) after completion of service described in subparagraph 
     (A)--
       ``(i) continues on active duty for an aggregate of less 
     than 6 months; or
       ``(ii) before completion of service on active duty of an 
     aggregate of 6 months, is discharged or released from active 
     duty as described in subsection (c).
       ``(c) Covered Discharges and Releases.--A discharge or 
     release from active duty of an individual described in this 
     subsection is a discharge or release as follows:
       ``(1) A discharge from active duty in the Armed Forces with 
     an honorable discharge.
       ``(2) A release after service on active duty in the Armed 
     Forces characterized by the Secretary concerned as honorable 
     service and placement on the retired list, transfer to the 
     Fleet Reserve or Fleet Marine Corps Reserve, or placement on 
     the temporary disability retired list.
       ``(3) A release from active duty in the Armed Forces for 
     further service in a reserve component of the Armed Forces 
     after service on active duty characterized by the Secretary 
     concerned as honorable service.
       ``(4) A discharge or release from active duty in the Armed 
     Forces for--
       ``(A) a medical condition which preexisted the service of 
     the individual as described in the applicable paragraph of 
     subsection (b) and which the Secretary determines is not 
     service-connected;
       ``(B) hardship; or
       ``(C) a physical or mental condition that was not 
     characterized as a disability and did not result from the 
     individual's own willful misconduct but did interfere with 
     the individual's performance of duty, as determined by the 
     Secretary concerned in accordance with regulations prescribed 
     by the Secretary of Defense.
       ``(d) Prohibition on Treatment of Certain Service as Period 
     of Active Duty.--The following periods of service shall not 
     be considered a part of the period of active duty on which an 
     individual's entitlement to educational assistance under this 
     chapter is based:
       ``(1) A period of service on active duty of an officer 
     pursuant to an agreement under section 2107(b) of title 10.
       ``(2) A period of service on active duty of an officer 
     pursuant to an agreement under section 4348, 6959, or 9348 of 
     title 10.
       ``(3) A period of service that is terminated because of a 
     defective enlistment and induction based on--
       ``(A) the individual's being a minor for purposes of 
     service in the Armed Forces;
       ``(B) an erroneous enlistment or induction; or
       ``(C) a defective enlistment agreement.
       ``(e) Treatment of Individuals Entitled Under Multiple 
     Provisions.--In the event an individual entitled to 
     educational assistance under this chapter is entitled by 
     reason of both paragraphs (4) and (5) of subsection (b), the 
     individual shall be treated as being entitled to educational 
     assistance under this chapter by reason of paragraph (5) of 
     such subsection.

     ``Sec. 3312. Educational assistance: duration

       ``(a) In General.--Subject to section 3695 of this title 
     and except as provided in subsections (b) and (c), an 
     individual entitled to educational assistance under this 
     chapter is entitled to a number of months of educational 
     assistance under section 3313 of this title equal to 36 
     months.
       ``(b) Continuing Receipt.--The receipt of educational 
     assistance under section 3313 of this title by an individual 
     entitled to educational assistance under this chapter is 
     subject to the provisions of section 3321(b)(2) of this 
     title.

[[Page 10468]]

       ``(c) Discontinuation of Education for Active Duty.--(1) 
     Any payment of educational assistance described in paragraph 
     (2) shall not--
       ``(A) be charged against any entitlement to educational 
     assistance of the individual concerned under this chapter; or
       ``(B) be counted against the aggregate period for which 
     section 3695 of this title limits the individual's receipt of 
     educational assistance under this chapter.
       ``(2) Subject to paragraph (3), the payment of educational 
     assistance described in this paragraph is the payment of such 
     assistance to an individual for pursuit of a course or 
     courses under this chapter if the Secretary finds that the 
     individual--
       ``(A)(i) in the case of an individual not serving on active 
     duty, had to discontinue such course pursuit as a result of 
     being called or ordered to serve on active duty under section 
     688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 
     10; or
       ``(ii) in the case of an individual serving on active duty, 
     had to discontinue such course pursuit as a result of being 
     ordered to a new duty location or assignment or to perform an 
     increased amount of work; and
       ``(B) failed to receive credit or lost training time toward 
     completion of the individual's approved education, 
     professional, or vocational objective as a result of having 
     to discontinue, as described in subparagraph (A), the 
     individual's course pursuit.
       ``(3) The period for which, by reason of this subsection, 
     educational assistance is not charged against entitlement or 
     counted toward the applicable aggregate period under section 
     3695 of this title shall not exceed the portion of the period 
     of enrollment in the course or courses from which the 
     individual failed to receive credit or with respect to which 
     the individual lost training time, as determined under 
     paragraph (2)(B).

     ``Sec. 3313. Educational assistance: amount; payment

       ``(a) Payment.--The Secretary shall pay to each individual 
     entitled to educational assistance under this chapter who is 
     pursuing an approved program of education (other than a 
     program covered by subsections (e) and (f)) the amounts 
     specified in subsection (c) to meet the expenses of such 
     individual's subsistence, tuition, fees, and other 
     educational costs for pursuit of such program of education.
       ``(b) Approved Programs of Education.--A program of 
     education is an approved program of education for purposes of 
     this chapter if the program of education is offered by an 
     institution of higher learning (as that term is defined in 
     section 3452(f) of this title) and is approved for purposes 
     of chapter 30 of this title (including approval by the State 
     approving agency concerned).
       ``(c) Amount of Educational Assistance.--The amounts 
     payable under this subsection for pursuit of an approved 
     program of education are amounts as follows:
       ``(1) In the case of an individual entitled to educational 
     assistance under this chapter by reason of section 3311(b)(1) 
     or 3311(b)(2) of this title, amounts as follows:
       ``(A) An amount equal to the established charges for the 
     program of education, except that the amount payable under 
     this subparagraph may not exceed the maximum amount of 
     established charges regularly charged in-State students for 
     full-time pursuit of approved programs of education for 
     undergraduates by the public institution of higher education 
     offering approved programs of education for undergraduates in 
     the State in which the individual is enrolled that has the 
     highest rate of regularly-charged established charges for 
     such programs of education among all public institutions of 
     higher education in such State offering such programs of 
     education.
       ``(B) A monthly stipend in an amount as follows:
       ``(i) For each month the individual pursues the program of 
     education, other than a program of education offered through 
     distance learning, a monthly housing stipend amount equal to 
     the monthly amount of the basic allowance for housing payable 
     under section 403 of title 37 for a member with dependents in 
     pay grade E-5 residing in the military housing area that 
     encompasses all or the majority portion of the ZIP code area 
     in which is located the institution of higher education at 
     which the individual is enrolled.
       ``(ii) For the first month of each quarter, semester, or 
     term, as applicable, of the program of education pursued by 
     the individual, a lump sum amount for books, supplies, 
     equipment, and other educational costs with respect to such 
     quarter, semester, or term in the amount equal to--

       ``(I) $1,000, multiplied by
       ``(II) the fraction which is the portion of a complete 
     academic year under the program of education that such 
     quarter, semester, or term constitutes.

       ``(2) In the case of an individual entitled to educational 
     assistance under this chapter by reason of section 3311(b)(3) 
     of this title, amounts equal to 90 percent of the amounts 
     that would be payable to the individual under paragraph (1) 
     for the program of education if the individual were entitled 
     to amounts for the program of education under paragraph (1) 
     rather than this paragraph.
       ``(3) In the case of an individual entitled to educational 
     assistance under this chapter by reason of section 3311(b)(4) 
     of this title, amounts equal to 80 percent of the amounts 
     that would be payable to the individual under paragraph (1) 
     for the program of education if the individual were entitled 
     to amounts for the program of education under paragraph (1) 
     rather than this paragraph.
       ``(4) In the case of an individual entitled to educational 
     assistance under this chapter by reason of section 3311(b)(5) 
     of this title, amounts equal to 70 percent of the amounts 
     that would be payable to the individual under paragraph (1) 
     for the program of education if the individual were entitled 
     to amounts for the program of education under paragraph (1) 
     rather than this paragraph.
       ``(5) In the case of an individual entitled to educational 
     assistance under this chapter by reason of section 3311(b)(6) 
     of this title, amounts equal to 60 percent of the amounts 
     that would be payable to the individual under paragraph (1) 
     for the program of education if the individual were entitled 
     to amounts for the program of education under paragraph (1) 
     rather than this paragraph.
       ``(6) In the case of an individual entitled to educational 
     assistance under this chapter by reason of section 3311(b)(7) 
     of this title, amounts equal to 50 percent of the amounts 
     that would be payable to the individual under paragraph (1) 
     for the program of education if the individual were entitled 
     to amounts for the program of education under paragraph (1) 
     rather than this paragraph.
       ``(7) In the case of an individual entitled to educational 
     assistance under this chapter by reason of section 3311(b)(8) 
     of this title, amounts equal to 40 percent of the amounts 
     that would be payable to the individual under paragraph (1) 
     for the program of education if the individual were entitled 
     to amounts for the program of education under paragraph (1) 
     rather than this paragraph.
       ``(d) Frequency of Payment.--(1) Payment of the amounts 
     payable under subsection (c)(1)(A), and of similar amounts 
     payable under paragraphs (2) through (7) of subsection (c), 
     for pursuit of a program of education shall be made for the 
     entire quarter, semester, or term, as applicable, of the 
     program of education.
       ``(2) Payment of the amount payable under subsection 
     (c)(1)(B), and of similar amounts payable under paragraphs 
     (2) through (7) of subsection (c), for pursuit of a program 
     of education shall be made on a monthly basis.
       ``(3) The Secretary shall prescribe in regulations methods 
     for determining the number of months (including fractions 
     thereof) of entitlement of an individual to educational 
     assistance this chapter that are chargeable under this 
     chapter for an advance payment of amounts under paragraphs 
     (1) and (2) for pursuit of a program of education on a 
     quarter, semester, term, or other basis.
       ``(e) Programs of Education Pursued on Active Duty.--(1) 
     Educational assistance is payable under this chapter for 
     pursuit of an approved program of education while on active 
     duty.
       ``(2) The amount of educational assistance payable under 
     this chapter to an individual pursuing a program of education 
     while on active duty is the lesser of--
       ``(A) the established charges which similarly circumstanced 
     nonveterans enrolled in the program of education involved 
     would be required to pay; or
       ``(B) the amount of the charges of the educational 
     institution as elected by the individual in the manner 
     specified in section 3014(b)(1) of this title.
       ``(3) Payment of the amount payable under paragraph (2) for 
     pursuit of a program of education shall be made for the 
     entire quarter, semester, or term, as applicable, of the 
     program of education.
       ``(4) For each month (as determined pursuant to the methods 
     prescribed under subsection (d)(3)) for which amounts are 
     paid an individual under this subsection, the entitlement of 
     the individual to educational assistance under this chapter 
     shall be charged at the rate of one month for each such 
     month.
       ``(f) Programs of Education Pursued on Half-Time Basis or 
     Less.--(1) Educational assistance is payable under this 
     chapter for pursuit of an approved program of education on 
     half-time basis or less.
       ``(2) The educational assistance payable under this chapter 
     to an individual pursuing a program of education on half-time 
     basis or less is the amounts as follows:
       ``(A) The amount equal to the lesser of--
       ``(i) the established charges which similarly circumstanced 
     nonveterans enrolled in the program of education involved 
     would be required to pay; or
       ``(ii) the maximum amount that would be payable to the 
     individual for the program of education under paragraph 
     (1)(A) of subsection (c), or under the provisions of 
     paragraphs (2) through (7) of subsection (c) applicable to 
     the individual, for the program of education if the 
     individual were entitled to amounts for the program of 
     education under subsection (c) rather than this subsection.
       ``(B) A stipend in an amount equal to the amount of the 
     appropriately reduced amount of the lump sum amount for 
     books, supplies, equipment, and other educational costs 
     otherwise payable to the individual under subsection (c).
       ``(3) Payment of the amounts payable to an individual under 
     paragraph (2) for pursuit of a program of education on half-
     time basis or less shall be made for the entire quarter, 
     semester, or term, as applicable, of the program of 
     education.

[[Page 10469]]

       ``(4) For each month (as determined pursuant to the methods 
     prescribed under subsection (d)(3)) for which amounts are 
     paid an individual under this subsection, the entitlement of 
     the individual to educational assistance under this chapter 
     shall be charged at a percentage of a month equal to--
       ``(A) the number of course hours borne by the individual in 
     pursuit of the program of education involved, divided by
       ``(B) the number of course hours for full-time pursuit of 
     such program of education.
       ``(g) Payment of Established Charges to Educational 
     Institutions.--Amounts payable under subsections (c)(1)(A) 
     (and of similar amounts payable under paragraphs (2) through 
     (7) of subsection (c)), (e)(2) and (f)(2)(A) shall be paid 
     directly to the educational institution concerned.
       ``(h) Established Charges Defined.--(1) In this section, 
     the term `established charges', in the case of a program of 
     education, means the actual charges (as determined pursuant 
     to regulations prescribed by the Secretary) for tuition and 
     fees which similarly circumstanced nonveterans enrolled in 
     the program of education would be required to pay.
       ``(2) Established charges shall be determined for purposes 
     of this subsection on the following basis:
       ``(A) In the case of an individual enrolled in a program of 
     education offered on a term, quarter, or semester basis, the 
     tuition and fees charged the individual for the term, 
     quarter, or semester.
       ``(B) In the case of an individual enrolled in a program of 
     education not offered on a term, quarter, or semester basis, 
     the tuition and fees charged the individual for the entire 
     program of education.

     ``Sec. 3314. Tutorial assistance

       ``(a) In General.--Subject to subsection (b), an individual 
     entitled to educational assistance under this chapter shall 
     also be entitled to benefits provided an eligible veteran 
     under section 3492 of this title.
       ``(b) Conditions.--(1) The provision of benefits under 
     subsection (a) shall be subject to the conditions applicable 
     to an eligible veteran under section 3492 of this title.
       ``(2) In addition to the conditions specified in paragraph 
     (1), benefits may not be provided to an individual under 
     subsection (a) unless the professor or other individual 
     teaching, leading, or giving the course for which such 
     benefits are provided certifies that--
       ``(A) such benefits are essential to correct a deficiency 
     of the individual in such course; and
       ``(B) such course is required as a part of, or is 
     prerequisite or indispensable to the satisfactory pursuit of, 
     an approved program of education.
       ``(c) Amount.--(1) The amount of benefits described in 
     subsection (a) that are payable under this section may not 
     exceed $100 per month, for a maximum of 12 months, or until a 
     maximum of $1,200 is utilized.
       ``(2) The amount provided an individual under this 
     subsection is in addition to the amounts of educational 
     assistance paid the individual under section 3313 of this 
     title.
       ``(d) No Charge Against Entitlement.--Any benefits provided 
     an individual under subsection (a) are in addition to any 
     other educational assistance benefits provided the individual 
     under this chapter.

     ``Sec. 3315. Licensure and certification tests

       ``(a) In General.--An individual entitled to educational 
     assistance under this chapter shall also be entitled to 
     payment for one licensing or certification test described in 
     section 3452(b) of this title.
       ``(b) Limitation on Amount.--The amount payable under 
     subsection (a) for a licensing or certification test may not 
     exceed the lesser of--
       ``(1) $2,000; or
       ``(2) the fee charged for the test.
       ``(c) No Charge Against Entitlement.--Any amount paid an 
     individual under subsection (a) is in addition to any other 
     educational assistance benefits provided the individual under 
     this chapter.

     ``Sec. 3316. Supplemental educational assistance: members 
       with critical skills or specialty; members serving 
       additional service

       ``(a) Increased Assistance for Members With Critical Skills 
     or Specialty.--(1) In the case of an individual who has a 
     skill or specialty designated by the Secretary concerned as a 
     skill or specialty in which there is a critical shortage of 
     personnel or for which it is difficult to recruit or, in the 
     case of critical units, retain personnel, the Secretary 
     concerned may increase the monthly amount of educational 
     assistance otherwise payable to the individual under 
     paragraph (1)(B) of section 3313(c) of this title, or under 
     paragraphs (2) through (7) of such section (as applicable).
       ``(2) The amount of the increase in educational assistance 
     authorized by paragraph (1) may not exceed the amount equal 
     to the monthly amount of increased basic educational 
     assistance providable under section 3015(d)(1) of this title 
     at the time of the increase under paragraph (1).
       ``(b) Supplemental Assistance for Additional Service.--(1) 
     The Secretary concerned may provide for the payment to an 
     individual entitled to educational assistance under this 
     chapter of supplemental educational assistance for additional 
     service authorized by subchapter III of chapter 30 of this 
     title. The amount so payable shall be payable as an increase 
     in the monthly amount of educational assistance otherwise 
     payable to the individual under paragraph (1)(B) of section 
     3313(c) of this title, or under paragraphs (2) through (7) of 
     such section (as applicable).
       ``(2) Eligibility for supplement educational assistance 
     under this subsection shall be determined in accordance with 
     the provisions of subchapter III of chapter 30 of this title, 
     except that any reference in such provisions to eligibility 
     for basic educational assistance under a provision of 
     subchapter II of chapter 30 of this title shall be treated as 
     a reference to eligibility for educational assistance under 
     the appropriate provision of this chapter.
       ``(3) The amount of supplemental educational assistance 
     payable under this subsection shall be the amount equal to 
     the monthly amount of supplemental educational payable under 
     section 3022 of this title.
       ``(c) Regulations.--The Secretaries concerned shall 
     administer this section in accordance with such regulations 
     as the Secretary of Defense shall prescribe.

     ``Sec. 3317. Public-private contributions for additional 
       educational assistance

       ``(a) Establishment of Program.--In instances where the 
     educational assistance provided pursuant to section 
     3313(c)(1)(A) does not cover the full cost of established 
     charges (as specified in section 3313 of this title), the 
     Secretary shall carry out a program under which colleges and 
     universities can, voluntarily, enter into an agreement with 
     the Secretary to cover a portion of those established charges 
     not otherwise covered under section 3313(c)(1)(A), which 
     contributions shall be matched by equivalent contributions 
     toward such costs by the Secretary. The program shall only 
     apply to covered individuals described in paragraphs (1) and 
     (2) of section 3311(b).
       ``(b) Designation of Program.--The program under this 
     section shall be known as the `Yellow Ribbon G.I. Education 
     Enhancement Program'.
       ``(c) Agreements.--The Secretary shall enter into an 
     agreement with each college or university seeking to 
     participate in the program under this section. Each agreement 
     shall specify the following:
       ``(1) The manner (whether by direct grant, scholarship, or 
     otherwise) of the contributions to be made by the college or 
     university concerned.
       ``(2) The maximum amount of the contribution to be made by 
     the college or university concerned with respect to any 
     particular individual in any given academic year.
       ``(3) The maximum number of individuals for whom the 
     college or university concerned will make contributions in 
     any given academic year.
       ``(4) Such other matters as the Secretary and the college 
     or university concerned jointly consider appropriate.
       ``(d) Matching Contributions.--(1) In instances where the 
     educational assistance provided an individual under section 
     3313(c)(1)(A) of this title does not cover the full cost of 
     tuition and mandatory fees at a college or university, the 
     Secretary shall provide up to 50 percent of the remaining 
     costs for tuition and mandatory fees if the college or 
     university voluntarily enters into an agreement with the 
     Secretary to match an equal percentage of any of the 
     remaining costs for such tuition and fees.
       ``(2) Amounts available to the Secretary under section 
     3324(b) of this title for payment of the costs of this 
     chapter shall be available to the Secretary for purposes of 
     paragraph (1).
       ``(e) Outreach.--The Secretary shall make available on the 
     Internet website of the Department available to the public a 
     current list of the colleges and universities participating 
     in the program under this section. The list shall specify, 
     for each college or university so listed, appropriate 
     information on the agreement between the Secretary and such 
     college or university under subsection (c).

     ``Sec. 3318. Additional assistance: relocation or travel 
       assistance for individual relocating or traveling 
       significant distance for pursuit of a program of education

       ``(a) Additional Assistance.--Each individual described in 
     subsection (b) shall be paid additional assistance under this 
     section in the amount of $500.
       ``(b) Covered Individuals.--An individual described in this 
     subsection is any individual entitled to educational 
     assistance under this chapter--
       ``(1) who resides in a highly rural area (as determined by 
     the Bureau of the Census); and
       ``(2) who--
       ``(A) physically relocates a distance of at least 500 miles 
     in order to pursue a program of education for which the 
     individual utilizes educational assistance under this 
     chapter; or
       ``(B) travels by air to physically attend an institution of 
     higher education for pursuit of such a program of education 
     because the individual cannot travel to such institution by 
     automobile or other established form of transportation due to 
     an absence of road or other infrastructure.

[[Page 10470]]

       ``(c) Proof of Residence.--For purposes of subsection 
     (b)(1), an individual may demonstrate the individual's place 
     of residence utilizing any of the following:
       ``(1) DD Form 214, Certification of Release or Discharge 
     from Active Duty.
       ``(2) The most recent Federal income tax return.
       ``(3) Such other evidence as the Secretary shall prescribe 
     for purposes of this section.
       ``(d) Single Payment of Assistance.--An individual is 
     entitled to only one payment of additional assistance under 
     this section.
       ``(e) No Charge Against Entitlement.--Any amount paid an 
     individual under this section is in addition to any other 
     educational assistance benefits provided the individual under 
     this chapter.''.

              ``SUBCHAPTER III--ADMINISTRATIVE PROVISIONS

     ``Sec. 3321. Time limitation for use of and eligibility for 
       entitlement

       ``(a) In General.--Except as provided in this section, the 
     period during which an individual entitled to educational 
     assistance under this chapter may use such individual's 
     entitlement expires at the end of the 15-year period 
     beginning on the date of such individual's last discharge or 
     release from active duty.
       ``(b) Exceptions.--(1) Subsections (b), (c), and (d) of 
     section 3031 of this title shall apply with respect to the 
     running of the 15-year period described in subsection (a) of 
     this section in the same manner as such subsections apply 
     under section 3031 of this title with respect to the running 
     of the 10-year period described in section 3031(a) of this 
     title.
       ``(2) Section 3031(f) of this title shall apply with 
     respect to the termination of an individual's entitlement to 
     educational assistance under this chapter in the same manner 
     as such section applies to the termination of an individual's 
     entitlement to educational assistance under chapter 30 of 
     this title, except that, in the administration of such 
     section for purposes of this chapter, the reference to 
     section 3013 of this title shall be deemed to be a reference 
     to 3312 of this title.
       ``(3) For purposes of subsection (a), an individual's last 
     discharge or release from active duty shall not include any 
     discharge or release from a period of active duty of less 
     than 90 days of continuous service, unless the individual is 
     discharged or released as described in section 3311(b)(2) of 
     this title.

     ``Sec. 3322. Bar to duplication of educational assistance 
       benefits

       ``(a) In General.--An individual entitled to educational 
     assistance under this chapter who is also eligible for 
     educational assistance under chapter 30, 31, 32, or 35 of 
     this title, chapter 107, 1606, or 1607 of title 10, or the 
     provisions of the Hostage Relief Act of 1980 (Public Law 96-
     449; 5 U.S.C. 5561 note) may not receive assistance under two 
     or more such programs concurrently, but shall elect (in such 
     form and manner as the Secretary may prescribe) under which 
     chapter or provisions to receive educational assistance.
       ``(b) Inapplicability of Service Treated Under Educational 
     Loan Repayment Programs.--A period of service counted for 
     purposes of repayment of an education loan under chapter 109 
     of title 10 may not be counted as a period of service for 
     entitlement to educational assistance under this chapter.
       ``(c) Service in Selected Reserve.--An individual who 
     serves in the Selected Reserve may receive credit for such 
     service under only one of this chapter, chapter 30 of this 
     title, and chapters 1606 and 1607 of title 10, and shall 
     elect (in such form and manner as the Secretary may 
     prescribe) under which chapter such service is to be 
     credited.
       ``(d) Additional Coordination Matters.--In the case of an 
     individual entitled to educational assistance under chapter 
     30, 31, 32, or 35 of this title, chapter 107, 1606, or 1607 
     of title 10, or the provisions of the Hostage Relief Act of 
     1980, or making contributions toward entitlement to 
     educational assistance under chapter 30 of this title, as of 
     August 1, 2009, coordination of entitlement to educational 
     assistance under this chapter, on the one hand, and such 
     chapters or provisions, on the other, shall be governed by 
     the provisions of section __03(c) of the Post-9/11 Veterans 
     Educational Assistance Act of 2008.

     ``Sec. 3323. Administration

       ``(a) In General.--(1) Except as otherwise provided in this 
     chapter, the provisions specified in section 3034(a)(1) of 
     this title shall apply to the provision of educational 
     assistance under this chapter.
       ``(2) In applying the provisions referred to in paragraph 
     (1) to an individual entitled to educational assistance under 
     this chapter for purposes of this section, the reference in 
     such provisions to the term `eligible veteran' shall be 
     deemed to refer to an individual entitled to educational 
     assistance under this chapter.
       ``(3) In applying section 3474 of this title to an 
     individual entitled to educational assistance under this 
     chapter for purposes of this section, the reference in such 
     section 3474 to the term `educational assistance allowance' 
     shall be deemed to refer to educational assistance payable 
     under section 3313 of this title.
       ``(4) In applying section 3482(g) of this title to an 
     individual entitled to educational assistance under this 
     chapter for purposes of this section--
       ``(A) the first reference to the term `educational 
     assistance allowance' in such section 3482(g) shall be deemed 
     to refer to educational assistance payable under section 3313 
     of this title; and
       ``(B) the first sentence of paragraph (1) of such section 
     3482(g) shall be applied as if such sentence ended with 
     `equipment'.
       ``(b) Information on Benefits.--(1) The Secretary of 
     Veterans Affairs shall provide the information described in 
     paragraph (2) to each member of the Armed Forces at such 
     times as the Secretary of Veterans Affairs and the Secretary 
     of Defense shall jointly prescribe in regulations.
       ``(2) The information described in this paragraph is 
     information on benefits, limitations, procedures, eligibility 
     requirements (including time-in-service requirements), and 
     other important aspects of educational assistance under this 
     chapter, including application forms for such assistance 
     under section 5102 of this title.
       ``(3) The Secretary of Veterans Affairs shall furnish the 
     information and forms described in paragraph (2), and other 
     educational materials on educational assistance under this 
     chapter, to educational institutions, training 
     establishments, military education personnel, and such other 
     persons and entities as the Secretary considers appropriate.
       ``(c) Regulations.--(1) The Secretary shall prescribe 
     regulations for the administration of this chapter.
       ``(2) Any regulations prescribed by the Secretary of 
     Defense for purposes of this chapter shall apply uniformly 
     across the Armed Forces.

     ``Sec. 3324. Allocation of administration and costs

       ``(a) Administration.--Except as otherwise provided in this 
     chapter, the Secretary shall administer the provision of 
     educational assistance under this chapter.
       ``(b) Costs.--Payments for entitlement to educational 
     assistance earned under this chapter shall be made from funds 
     appropriated to, or otherwise made available to, the 
     Department of Veterans Affairs for the payment of 
     readjustment benefits.''.
       (2) Clerical amendments.--The tables of chapters at the 
     beginning of title 38, United States Code, and at the 
     beginning of part III of such title, are each amended by 
     inserting after the item relating to chapter 32 the following 
     new item:

``33. Post-9/11 Educational Assistance......................3301''.....

       (b) Conforming Amendments.--
       (1) Amendments relating to duplication of benefits.--
       (A) Section 3033 of title 38, United States Code, is 
     amended--
       (i) in subsection (a)(1), by inserting ``33,'' after 
     ``32,''; and
       (ii) in subsection (c), by striking ``both the program 
     established by this chapter and the program established by 
     chapter 106 of title 10'' and inserting ``two or more of the 
     programs established by this chapter, chapter 33 of this 
     title, and chapters 1606 and 1607 of title 10''.
       (B) Paragraph (4) of section 3695(a) of such title is 
     amended to read as follows:
       ``(4) Chapters 30, 32, 33, 34, 35, and 36 of this title.''.
       (C) Section 16163(e) of title 10, United States Code, is 
     amended by inserting ``33,'' after ``32,''.
       (2) Additional conforming amendments.--
       (A) Title 38, United States Code, is further amended by 
     inserting ``33,'' after ``32,'' each place it appears in the 
     following provisions:
       (i) In subsections (b) and (e)(1) of section 3485.
       (ii) In section 3688(b).
       (iii) In subsections (a)(1), (c)(1), (c)(1)(G), (d), and 
     (e)(2) of section 3689.
       (iv) In section 3690(b)(3)(A).
       (v) In subsections (a) and (b) of section 3692.
       (vi) In section 3697(a).
       (B) Section 3697A(b)(1) of such title is amended by 
     striking ``or 32'' and inserting ``32, or 33''.
       (c) Applicability to Individuals Under Montgomery GI Bill 
     Program.--
       (1) Individuals eligible to elect participation in post-9/
     11 educational assistance.--An individual may elect to 
     receive educational assistance under chapter 33 of title 38, 
     United States Code (as added by subsection (a)), if such 
     individual--
       (A) as of August 1, 2009--
       (i) is entitled to basic educational assistance under 
     chapter 30 of title 38, United States Code, and has used, but 
     retains unused, entitlement under that chapter;
       (ii) is entitled to educational assistance under chapter 
     107, 1606, or 1607 of title 10, United States Code, and has 
     used, but retains unused, entitlement under the applicable 
     chapter;
       (iii) is entitled to basic educational assistance under 
     chapter 30 of title 38, United States Code, but has not used 
     any entitlement under that chapter;
       (iv) is entitled to educational assistance under chapter 
     107, 1606, or 1607 of title 10, United States Code, but has 
     not used any entitlement under such chapter;
       (v) is a member of the Armed Forces who is eligible for 
     receipt of basic educational assistance under chapter 30 of 
     title 38, United

[[Page 10471]]

     States Code, and is making contributions toward such 
     assistance under section 3011(b) or 3012(c) of such title; or
       (vi) is a member of the Armed Forces who is not entitled to 
     basic educational assistance under chapter 30 of title 38, 
     United States Code, by reason of an election under section 
     3011(c)(1) or 3012(d)(1) of such title; and
       (B) as of the date of the individual's election under this 
     paragraph, meets the requirements for entitlement to 
     educational assistance under chapter 33 of title 38, United 
     States Code (as so added).
       (2) Cessation of contributions toward gi bill.--Effective 
     as of the first month beginning on or after the date of an 
     election under paragraph (1) of an individual described by 
     subparagraph (A)(v) of that paragraph, the obligation of the 
     individual to make contributions under section 3011(b) or 
     3012(c) of title 38, United States Code, as applicable, shall 
     cease, and the requirements of such section shall be deemed 
     to be no longer applicable to the individual.
       (3) Revocation of remaining transferred entitlement.--
       (A) Election to revoke.--If, on the date an individual 
     described in subparagraph (A)(i) or (A)(iii) of paragraph (1) 
     makes an election under that paragraph, a transfer of the 
     entitlement of the individual to basic educational assistance 
     under section 3020 of title 38, United States Code, is in 
     effect and a number of months of the entitlement so 
     transferred remain unutilized, the individual may elect to 
     revoke all or a portion of the entitlement so transferred 
     that remains unutilized.
       (B) Availability of revoked entitlement.--Any entitlement 
     revoked by an individual under this paragraph shall no longer 
     be available to the dependent to whom transferred, but shall 
     be available to the individual instead for educational 
     assistance under chapter 33 of title 38, United States Code 
     (as so added), in accordance with the provisions of this 
     subsection.
       (C) Availability of unrevoked entitlement.--Any entitlement 
     described in subparagraph (A) that is not revoked by an 
     individual in accordance with that subparagraph shall remain 
     available to the dependent or dependents concerned in 
     accordance with the current transfer of such entitlement 
     under section 3020 of title 38, United States Code.
       (4) Post-9/11 educational assistance.--
       (A) In general.--Subject to subparagraph (B) and except as 
     provided in paragraph (5), an individual making an election 
     under paragraph (1) shall be entitled to educational 
     assistance under chapter 33 of title 38, United States Code 
     (as so added), in accordance with the provisions of such 
     chapter, instead of basic educational assistance under 
     chapter 30 of title 38, United States Code, or educational 
     assistance under chapter 107, 1606, or 1607 of title 10, 
     United States Code, as applicable.
       (B) Limitation on entitlement for certain individuals.--In 
     the case of an individual making an election under paragraph 
     (1) who is described by subparagraph (A)(i) of that 
     paragraph, the number of months of entitlement of the 
     individual to educational assistance under chapter 33 of 
     title 38, United States Code (as so added), shall be the 
     number of months equal to--
       (i) the number of months of unused entitlement of the 
     individual under chapter 30 of title 38, United States Code, 
     as of the date of the election, plus
       (ii) the number of months, if any, of entitlement revoked 
     by the individual under paragraph (3)(A).
       (5) Continuing entitlement to educational assistance not 
     available under 9/11 assistance program.--
       (A) In general.--In the event educational assistance to 
     which an individual making an election under paragraph (1) 
     would be entitled under chapter 30 of title 38, United States 
     Code, or chapter 107, 1606, or 1607 of title 10, United 
     States Code, as applicable, is not authorized to be available 
     to the individual under the provisions of chapter 33 of title 
     38, United States Code (as so added), the individual shall 
     remain entitled to such educational assistance in accordance 
     with the provisions of the applicable chapter.
       (B) Charge for use of entitlement.--The utilization by an 
     individual of entitlement under subparagraph (A) shall be 
     chargeable against the entitlement of the individual to 
     educational assistance under chapter 33 of title 38, United 
     States Code (as so added), at the rate of one month of 
     entitlement under such chapter 33 for each month of 
     entitlement utilized by the individual under subparagraph (A) 
     (as determined as if such entitlement were utilized under the 
     provisions of chapter 30 of title 38, United States Code, or 
     chapter 107, 1606, or 1607 of title 10, United States Code, 
     as applicable).
       (6) Additional post-9/11 assistance for members having made 
     contributions toward gi bill.--
       (A) Additional assistance.--In the case of an individual 
     making an election under paragraph (1) who is described by 
     clause (i), (iii), or (v) of subparagraph (A) of that 
     paragraph, the amount of educational assistance payable to 
     the individual under chapter 33 of title 38, United States 
     Code (as so added), as a monthly stipend payable under 
     paragraph (1)(B) of section 3313(c) of such title (as so 
     added), or under paragraphs (2) through (7) of that section 
     (as applicable), shall be the amount otherwise payable as a 
     monthly stipend under the applicable paragraph increased by 
     the amount equal to--
       (i) the total amount of contributions toward basic 
     educational assistance made by the individual under section 
     3011(b) or 3012(c) of title 38, United States Code, as of the 
     date of the election, multiplied by
       (ii) the fraction--

       (I) the numerator of which is--

       (aa) the number of months of entitlement to basic 
     educational assistance under chapter 30 of title 38, United 
     States Code, remaining to the individual at the time of the 
     election; plus
       (bb) the number of months, if any, of entitlement under 
     such chapter 30 revoked by the individual under paragraph 
     (3)(A); and

       (II) the denominator of which is 36 months.

       (B) Months of remaining entitlement for certain 
     individuals.--In the case of an individual covered by 
     subparagraph (A) who is described by paragraph (1)(A)(v), the 
     number of months of entitlement to basic educational 
     assistance remaining to the individual for purposes of 
     subparagraph (A)(ii)(I)(aa) shall be 36 months.
       (C) Timing of payment.--The amount payable with respect to 
     an individual under subparagraph (A) shall be paid to the 
     individual together with the last payment of the monthly 
     stipend payable to the individual under paragraph (1)(B) of 
     section 3313(c) of title 38, United States Code (as so 
     added), or under paragraphs (2) through (7) of that section 
     (as applicable), before the exhaustion of the individual's 
     entitlement to educational assistance under chapter 33 of 
     such title (as so added).
       (7) Continuing entitlement to additional assistance for 
     critical skills or speciality and additional service.--An 
     individual making an election under paragraph (1)(A) who, at 
     the time of the election, is entitled to increased 
     educational assistance under section 3015(d) of title 38, 
     United States Code, or section 16131(i) of title 10, United 
     States Code, or supplemental educational assistance under 
     subchapter III of chapter 30 of title 38, United States Code, 
     shall remain entitled to such increased educational 
     assistance or supplemental educational assistance in the 
     utilization of entitlement to educational assistance under 
     chapter 33 of title 38, United States Code (as so added), in 
     an amount equal to the quarter, semester, or term, as 
     applicable, equivalent of the monthly amount of such 
     increased educational assistance or supplemental educational 
     assistance payable with respect to the individual at the time 
     of the election.
       (8) Irrevocability of elections.--An election under 
     paragraph (1) or (3)(A) is irrevocable.
       (d) Effective Date.--This section and the amendments made 
     by this section shall take effect on August 1, 2009.

     SEC. __004. INCREASE IN AMOUNTS OF BASIC EDUCATIONAL 
                   ASSISTANCE UNDER THE MONTGOMERY GI BILL.

       (a) Educational Assistance Based on Three-Year Period of 
     Obligated Service.--Subsection (a)(1) of section 3015 of 
     title 38, United States Code, is amended--
       (1) by striking subparagraphs (A) through (C) and inserting 
     the following new subparagraph:
       ``(A) for months occurring during the period beginning on 
     August 1, 2008, and ending on the last day of fiscal year 
     2009, $1,321; and''; and
       (2) by redesignating subparagraph (D) as subparagraph (B).
       (b) Educational Assistance Based on Two-Year Period of 
     Obligated Service.--Subsection (b)(1) of such section is 
     amended--
       (1) by striking subparagraphs (A) through (C) and inserting 
     the following new subparagraph:
       ``(A) for months occurring during the period beginning on 
     August 1, 2008, and ending on the last day of fiscal year 
     2009, $1,073; and''; and
       (2) by redesignating subparagraph (D) as subparagraph (B).
       (c) Modification of Mechanism for Cost-of-Living 
     Adjustments.--Subsection (h)(1) of such section is amended by 
     striking subparagraphs (A) and (B) and inserting the 
     following new subparagraphs:
       ``(A) the average cost of undergraduate tuition in the 
     United States, as determined by the National Center for 
     Education Statistics, for the last academic year preceding 
     the beginning of the fiscal year for which the increase is 
     made, exceeds
       ``(B) the average cost of undergraduate tuition in the 
     United States, as so determined, for the academic year 
     preceding the academic year described in subparagraph (A).''.
       (d) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     take effect on August 1, 2008.
       (2) No cost-of-living adjustment for fiscal year 2009.--The 
     adjustment required by subsection (h) of section 3015 of 
     title 38, United States Code (as amended by this section), in 
     rates of basic educational assistance payable under 
     subsections (a) and (b) of such section (as so amended) shall 
     not be made for fiscal year 2009.

[[Page 10472]]



     SEC. __005. MODIFICATION OF AMOUNT AVAILABLE FOR 
                   REIMBURSEMENT OF STATE AND LOCAL AGENCIES 
                   ADMINISTERING VETERANS EDUCATION BENEFITS.

       Section 3674(a)(4) of title 38, United States Code, is 
     amended by striking ``may not exceed'' and all that follows 
     through the end and inserting ``shall be $19,000,000.''.
       Sec. __006. For an additional amount for Department of 
     Veterans Affairs, ``General Operating Expenses'', 
     $100,000,000, to remain available until expended.
       Sec. __007. For an additional amount for Department of 
     Veterans Affairs, ``Information Technology Systems'', 
     $20,000,000, to remain available until expended.
       Sec. __008. Each amount in this title 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.
                                 ______
                                 
  SA 4816. Mr. REID proposed an amendment to the amendment of the House 
numbered 1 to the amendment of the Senate to the bill H.R. 2642, making 
appropriations for military construction, the Department of Veterans 
Affairs, and related agencies for the fiscal year ending September 30, 
2008, and for other purposes; as follows:

       In lieu of the language proposed to be inserted, insert the 
     following:

                                TITLE XI

                            DEFENSE MATTERS

                               CHAPTER 1

        DEFENSE SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 2008

                    DEPARTMENT OF DEFENSE--MILITARY

                           MILITARY PERSONNEL

                        Military Personnel, Army

       For an additional amount for ``Military Personnel, Army'', 
     $12,216,715,000.

                        Military Personnel, Navy

       For an additional amount for ``Military Personnel, Navy'', 
     $894,185,000.

                    Military Personnel, Marine Corps

       For an additional amount for ``Military Personnel, Marine 
     Corps'', $1,826,688,000.

                     Military Personnel, Air Force

       For an additional amount for ``Military Personnel, Air 
     Force'', $1,355,544,000.

                        Reserve Personnel, Army

       For an additional amount for ``Reserve Personnel, Army'', 
     $304,200,000.

                        Reserve Personnel, Navy

       For an additional amount for ``Reserve Personnel, Navy'', 
     $72,800,000.

                    Reserve Personnel, Marine Corps

       For an additional amount for ``Reserve Personnel, Marine 
     Corps'', $16,720,000.

                      Reserve Personnel, Air Force

       For an additional amount for ``Reserve Personnel, Air 
     Force'', $5,000,000.

                     National Guard Personnel, Army

       For an additional amount for ``National Guard Personnel, 
     Army'', $1,369,747,000.

                  National Guard Personnel, Air Force

       For an additional amount for ``National Guard Personnel, 
     Air Force'', $4,000,000.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

       For an additional amount for ``Operation and Maintenance, 
     Army'', $17,223,512,000.

                    Operation and Maintenance, Navy


                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for ``Operation and Maintenance, 
     Navy'', $2,977,864,000: Provided, That up to $112,607,000 
     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'', $159,900,000.

                  Operation and Maintenance, Air Force

       For an additional amount for ``Operation and Maintenance, 
     Air Force'', $5,972,520,000.

                Operation and Maintenance, Defense-Wide

       For an additional amount for ``Operation and Maintenance, 
     Defense-Wide'', $3,657,562,000, of which--
       (1) not to exceed $25,000,000 may be used for the Combatant 
     Commander Initiative Fund, to be used in support of Operation 
     Iraqi Freedom and Operation Enduring Freedom;
       (2) not to exceed $800,000,000, to remain available until 
     expended, may be used for payments to reimburse key 
     cooperating nations, for logistical, military, and other 
     support provided to United States military operations, 
     notwithstanding any other provision of law: Provided, That 
     these funds may be used for the purpose of providing 
     specialized training and procuring supplies and specialized 
     equipment and providing such supplies and loaning such 
     equipment on a non-reimbursable basis to coalition forces 
     supporting United States military operations in Iraq and 
     Afghanistan: Provided further, 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: Provided further, That of the amount 
     available under this heading for the Defense Contract 
     Management Agency, $52,000,000 shall remain available until 
     September 30, 2009.

                Operation and Maintenance, Army Reserve

       For an additional amount for ``Operation and Maintenance, 
     Army Reserve'', $164,839,000.

                Operation and Maintenance, Navy Reserve

       For an additional amount for ``Operation and Maintenance, 
     Navy Reserve'', $109,876,000.

            Operation and Maintenance, Marine Corps Reserve

       For an additional amount for ``Operation and Maintenance, 
     Marine Corps Reserve'', $70,256,000.

              Operation and Maintenance, Air Force Reserve

       For an additional amount for ``Operation and Maintenance, 
     Air Force Reserve'', $165,994,000.

             Operation and Maintenance, Army National Guard

       For an additional amount for ``Operation and Maintenance, 
     Army National Guard'', $685,644,000.

             Operation and Maintenance, Air National Guard

       For an additional amount for ``Operation and Maintenance, 
     Air National Guard'', $287,369,000.

                           Iraq Freedom Fund


                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for ``Iraq Freedom Fund'', 
     $50,000,000, to remain available for transfer until September 
     30, 2009, notwithstanding any other provision of law, only 
     for the redevelopment of the Iraqi industrial sector by 
     identifying, and providing assistance to, factories and other 
     industrial facilities that are best situated to resume 
     operations quickly and reemploy the Iraqi workforce: 
     Provided, That the Secretary of Defense shall, not fewer than 
     15 days prior to making transfers from this appropriation, 
     notify the congressional defense committees in writing of the 
     details of any such transfer.

                    Afghanistan Security Forces Fund

       For an additional amount for the ``Afghanistan Security 
     Forces Fund'', $1,400,000,000, to remain available until 
     September 30, 2009.

                       Iraq Security Forces Fund


                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount 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 none of the assistance provided under this heading in 
     the form of funds may be utilized for the provision of 
     salaries, wages, or bonuses to personnel of the Iraqi 
     Security Forces: 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 15 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

[[Page 10473]]

     each fiscal quarter to the congressional defense committees 
     summarizing the details of the transfer of funds from this 
     appropriation.

                              PROCUREMENT

                       Aircraft Procurement, Army

       For an additional amount for ``Aircraft Procurement, 
     Army'', $954,111,000, to remain available for obligation 
     until September 30, 2010.

                       Missile Procurement, Army

       For an additional amount for ``Missile Procurement, Army'', 
     $561,656,000, 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'', $5,463,471,000, to remain 
     available for obligation until September 30, 2010.

                    Procurement of Ammunition, Army

       For an additional amount for ``Procurement of Ammunition, 
     Army'', $344,900,000, to remain available for obligation 
     until September 30, 2010.

                        Other Procurement, Army

       For an additional amount for ``Other Procurement, Army'', 
     $16,337,340,000, to remain available for obligation until 
     September 30, 2010.

                       Aircraft Procurement, Navy

       For an additional amount for ``Aircraft Procurement, 
     Navy'', $3,563,254,000, to remain available for obligation 
     until September 30, 2010.

                       Weapons Procurement, Navy

       For an additional amount for ``Weapons Procurement, Navy'', 
     $317,456,000, 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'', 
     $1,399,135,000, to remain available for obligation until 
     September 30, 2010.

                       Procurement, Marine Corps

       For an additional amount for ``Procurement, Marine Corps'', 
     $2,197,390,000, to remain available for obligation until 
     September 30, 2010.

                    Aircraft Procurement, Air Force

       For an additional amount for ``Aircraft Procurement, Air 
     Force'', $7,103,923,000, to remain available for obligation 
     until September 30, 2010.

                     Missile Procurement, Air Force

       For an additional amount for ``Missile Procurement, Air 
     Force'', $66,943,000, to remain available for obligation 
     until September 30, 2010.

                  Procurement of Ammunition, Air Force

       For an additional amount for ``Procurement of Ammunition, 
     Air Force'', $205,455,000, to remain available for obligation 
     until September 30, 2010.

                      Other Procurement, Air Force

       For an additional amount for ``Other Procurement, Air 
     Force'', $1,953,167,000, to remain available for obligation 
     until September 30, 2010.

                       Procurement, Defense-Wide

       For an additional amount for ``Procurement, Defense-Wide'', 
     $408,209,000, to remain available for obligation until 
     September 30, 2010.

                  National Guard and Reserve Equipment

       For an additional amount for ``National Guard and Reserve 
     Equipment'', $825,000,000, to remain available for obligation 
     until September 30, 2010: Provided, That the Chiefs of the 
     National Guard and Reserve components shall, prior to the 
     expenditure of funds, and not later than 30 days after the 
     enactment of this Act, individually submit to the 
     congressional defense committees an equipment modernization 
     priority assessment with a detailed plan for the expenditure 
     of funds for their respective National Guard and Reserve 
     components.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Army'', $162,958,000, to remain available 
     until September 30, 2009.

            Research, Development, Test and Evaluation, Navy

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Navy'', $366,110,000, to remain available 
     until September 30, 2009.

         Research, Development, Test And Evaluation, Air Force

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Air Force'', $399,817,000, to remain 
     available until September 30, 2009.

        Research, Development, Test and Evaluation, Defense-Wide

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Defense-Wide'', $816,598,000, to remain 
     available until September 30, 2009.

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

       For an additional amount for ``Defense Working Capital 
     Funds'', $1,837,450,000, to remain available for obligation 
     until expended.

                     National Defense Sealift Fund

       For an additional amount for ``National Defense Sealift 
     Fund'', $5,110,000, to remain available for obligation until 
     expended.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

       For an additional amount for ``Defense Health Program'', 
     $1,413,864,000, of which $957,064,000 shall be for operation 
     and maintenance; of which $91,900,000 is for procurement, to 
     remain available until September 30, 2010; of which 
     $364,900,000 shall be for research, development, test and 
     evaluation, to remain available until September 30, 2009: 
     Provided, That in addition to amounts otherwise contained in 
     this paragraph, $75,000,000 is hereby appropriated to the 
     ``Defense Health Program'' for operation and maintenance for 
     psychological health and traumatic brain injury, to remain 
     available until September 30, 2009.

         Drug Interdiction and Counter-Drug Activities, Defense


                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for ``Drug Interdiction and 
     Counter-Drug Activities, Defense'', $65,317,000, to remain 
     available until September 30, 2009.

                    Office of the Inspector General

       For an additional amount for ``Office of the Inspector 
     General'', $6,394,000, of which $2,000,000 shall be for 
     research, development, test and evaluation, to remain 
     available until September 30, 2009.

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 11101. Appropriations provided in this chapter are 
     available for obligation until September 30, 2008, unless 
     otherwise provided in this chapter.
       Sec. 11102. Notwithstanding any other provision of law, 
     funds made available in this chapter are in addition to 
     amounts appropriated or otherwise made available for the 
     Department of Defense for fiscal year 2008.


                     (INCLUDING TRANSFER OF FUNDS)

       Sec. 11103. 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 $2,500,000,000 of the funds made available to the 
     Department of Defense in this chapter: 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 and is subject to the same terms and 
     conditions as the authority provided in section 8005 of 
     Public Law 110-116, except for the fourth proviso.
       Sec. 11104. (a) From funds made available for operation and 
     maintenance in this chapter to the Department of Defense, not 
     to exceed $1,226,841,000 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, Afghanistan, and the Philippines to 
     respond to urgent humanitarian relief and reconstruction 
     requirements within their areas of responsibility by carrying 
     out programs that will immediately assist the Iraqi, Afghan, 
     and Filipino people.
       (b) Not later than 15 days after the end of each fiscal 
     year quarter, 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).


                     (INCLUDING TRANSFER OF FUNDS)

       Sec. 11105. During fiscal year 2008, the Secretary of 
     Defense may transfer not to exceed $6,500,000 of the amounts 
     in or credited to the Defense Cooperation Account, pursuant 
     to 10 U.S.C. 2608, to such appropriations or funds of the 
     Department of Defense as the Secretary shall determine for 
     use consistent with the purposes for which such funds were 
     contributed and accepted: Provided, That such amounts shall 
     be available for the same time period as the appropriation to 
     which transferred: Provided further, That the Secretary shall 
     report to the Congress all transfers made pursuant to this 
     authority.
       Sec. 11106. Of the amount appropriated by this chapter 
     under the heading ``Drug Interdiction and Counter-Drug 
     Activities, Defense'', not to exceed $20,000,000 may be used 
     for the provision of support for counter-drug activities of 
     the Governments of Afghanistan, Kazakhstan, Kyrgyzstan, 
     Pakistan, Tajikistan, and Turkmenistan, as specified in 
     section 1033 of the National Defense Authorization Act for 
     Fiscal Year 1998 (Public Law 105-85, as amended by Public 
     Laws 106-398, 108-136, 109-364, and 110-181): Provided, That 
     such support shall be in addition to support provided under 
     any other provision of the law.

[[Page 10474]]

       Sec. 11107. Amounts provided in this chapter for operations 
     in Iraq and Afghanistan may be used by the Department of 
     Defense for the purchase of up to 20 heavy and light armored 
     vehicles for force protection purposes, notwithstanding price 
     or other limitations specified elsewhere in the Department of 
     Defense Appropriations Act, 2008 (Public Law 110-116), or any 
     other provision of law: Provided, That notwithstanding any 
     other provision of law, funds provided in Public Law 110-116 
     and Public Law 110-161 under the heading ``Other Procurement, 
     Navy'' may be used for the purchase of 21 vehicles required 
     for physical security of personnel, notwithstanding price 
     limitations applicable to passenger vehicles but not to 
     exceed $255,000 per vehicle: Provided further, That the 
     Secretary of Defense shall submit a report in writing no 
     later than 30 days after the end of each fiscal quarter 
     notifying the congressional defense committees of any 
     purchase described in this section, including cost, purposes, 
     and quantities of vehicles purchased.


                     (INCLUDING TRANSFER OF FUNDS)

       Sec. 11108. Section 8122(c) of Public Law 110-116 is 
     amended by adding at the end the following:
       ``(4) Upon a determination that all or part of the funds 
     transferred under paragraph (1) are not necessary to 
     accomplish the purposes specified in subsection (b), such 
     amounts may be transferred back to the `Mine Resistant Ambush 
     Protected Vehicle Fund'.''.
       Sec. 11109. Notwithstanding any other provision of law, not 
     to exceed $150,000,000 of funds made available in this 
     chapter may be obligated to conduct or support a program to 
     build the capacity of a foreign country's national military 
     forces in order for that country to conduct counterterrorist 
     operations or participate in or support military and 
     stability operations in which the U.S. Armed Forces are a 
     participant: Provided, That funds available pursuant to the 
     authority in this section shall be subject to the same 
     restrictions, limitations, and reporting requirements as 
     funds available pursuant to section 1206 of Public Law 109-
     163 as amended.

                               CHAPTER 2

        DEFENSE BRIDGE FUND APPROPRIATIONS FOR FISCAL YEAR 2009

                    DEPARTMENT OF DEFENSE--MILITARY

                           MILITARY PERSONNEL

                        Military Personnel, Army

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

                        Military Personnel, Navy

       For an additional amount for ``Military Personnel, Navy'', 
     $75,000,000.

                    Military Personnel, Marine Corps

       For an additional amount for ``Military Personnel, Marine 
     Corps'', $55,000,000.

                     Military Personnel, Air Force

       For an additional amount for ``Military Personnel, Air 
     Force'', $75,000,000.

                     National Guard Personnel, Army

       For an additional amount for ``National Guard Personnel, 
     Army'', $150,000,000.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

       For an additional amount for ``Operation and Maintenance, 
     Army'', $37,300,000,000.

                    Operation and Maintenance, Navy


                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for ``Operation and Maintenance, 
     Navy'', $3,500,000,000: Provided, That up to $112,000,000 
     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'', $2,900,000,000.

                  Operation and Maintenance, Air Force

       For an additional amount for ``Operation and Maintenance, 
     Air Force'', $5,000,000,000.

                Operation and Maintenance, Defense-Wide

       For an additional amount for ``Operation and Maintenance, 
     Defense-Wide'', $2,648,569,000, of which not to exceed 
     $200,000,000, to remain available until expended, may be used 
     for payments to reimburse key cooperating nations, for 
     logistical, military, and other support provided to United 
     States military operations, notwithstanding any other 
     provision of law: Provided, That these funds may be used for 
     the purpose of providing specialized training and procuring 
     supplies and specialized equipment and providing such 
     supplies and loaning such equipment on a non-reimbursable 
     basis to coalition forces supporting United States military 
     operations in Iraq and Afghanistan: Provided further, 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'', $79,291,000.

                Operation and Maintenance, Navy Reserve

       For an additional amount for ``Operation and Maintenance, 
     Navy Reserve'', $42,490,000.

            Operation and Maintenance, Marine Corps Reserve

       For an additional amount for ``Operation and Maintenance, 
     Marine Corps Reserve'', $47,076,000.

              Operation and Maintenance, Air Force Reserve

       For an additional amount for ``Operation and Maintenance, 
     Air Force Reserve'', $12,376,000.

             Operation and Maintenance, Army National Guard

       For an additional amount for ``Operation and Maintenance, 
     Army National Guard'', $333,540,000.

             Operation and Maintenance, Air National Guard

       For an additional amount for ``Operation and Maintenance, 
     Air National Guard'', $52,667,000.

                    Afghanistan Security Forces Fund

       For an additional amount for the ``Afghanistan Security 
     Forces Fund'', $2,000,000,000, to remain available until 
     September 30, 2009.

                       Iraq Security Forces Fund


                     (INCLUDING TRANSFER OF FUNDS)

       For the ``Iraq Security Forces Fund'', $1,000,000,000, 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 none of the assistance 
     provided under this heading in the form of funds may be 
     utilized for the provision of salaries, wages, or bonuses to 
     personnel of the Iraqi Security Forces: 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 
     15 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.

                              PROCUREMENT

                       Aircraft Procurement, Army

       For an additional amount for ``Aircraft Procurement, 
     Army'', $84,000,000, to remain available for obligation until 
     September 30, 2011.

        Procurement of Weapons and Tracked Combat Vehicles, Army

       For an additional amount for ``Procurement of Weapons and 
     Tracked Combat Vehicles, Army'', $822,674,000, to remain 
     available for obligation until September 30, 2011.

                    Procurement of Ammunition, Army

       For an additional amount for ``Procurement of Ammunition, 
     Army'', $46,500,000, to remain available for obligation until 
     September 30, 2011.

                        Other Procurement, Army

       For an additional amount for ``Other Procurement, Army'', 
     $1,009,050,000, to remain available for obligation until 
     September 30, 2011.

                        Other Procurement, Navy

       For an additional amount for ``Other Procurement, Navy'', 
     $27,948,000, to remain

[[Page 10475]]

     available for obligation until September 30, 2011.

                       Procurement, Marine Corps

       For an additional amount for ``Procurement, Marine Corps'', 
     $565,425,000, to remain available for obligation until 
     September 30, 2011.

                    Aircraft Procurement, Air Force

       For an additional amount for ``Aircraft Procurement, Air 
     Force'', $201,842,000, to remain available for obligation 
     until September 30, 2011.

                      Other Procurement, Air Force

       For an additional amount for ``Other Procurement, Air 
     Force'', $1,500,644,000, to remain available for obligation 
     until September 30, 2011.

                       Procurement, Defense-Wide

       For an additional amount for ``Procurement, Defense-Wide'', 
     $177,237,000, to remain available for obligation until 
     September 30, 2011.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Navy

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Navy'', $113,228,000, to remain available 
     until September 30, 2010.

         Research, Development, Test and Evaluation, Air Force

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Air Force'', $72,041,000, to remain available 
     until September 30, 2010.

        Research, Development, Test and Evaluation, Defense-Wide

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Defense-Wide'', $202,559,000, to remain 
     available until September 30, 2010.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

       For an additional amount for ``Defense Health Program'', 
     $1,100,000,000 for operation and maintenance.

         Drug Interdiction and Counter-Drug Activities, Defense


                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for ``Drug Interdiction and 
     Counter-Drug Activities, Defense'', $188,000,000.

             Joint Improvised Explosive Device Defeat Fund


                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for ``Joint Improvised Explosive 
     Device Defeat Fund'', $2,000,000,000, to remain available 
     until September 30, 2011: 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 amounts provided under this heading shall be 
     submitted to the congressional defense committees: Provided 
     further, That the Secretary of Defense shall submit a report 
     not later than 60 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 the Fund: 
     Provided further, That the Secretary of Defense may transfer 
     funds provided herein to appropriations for 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 the Secretary of Defense shall, not fewer than 
     15 days prior to making transfers from this appropriation, 
     notify the congressional defense committees in writing of the 
     details of any such transfer.

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 11201. Appropriations provided in this chapter are not 
     available for obligation until October 1, 2008.
       Sec. 11202. Appropriations provided in this chapter are 
     available for obligation until September 30, 2009, unless 
     otherwise provided in this chapter.


                     (INCLUDING TRANSFER OF FUNDS)

       Sec. 11203. 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 chapter: 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 and is subject to the same terms and 
     conditions as the authority provided in section 8005 of 
     Public Law 110-116, except for the fourth proviso.
       Sec. 11204. (a) Not later than December 5, 2008 and every 
     90 days thereafter through the end of fiscal year 2009, 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) The 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) In specific, the report requires, 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, trends relating to numbers and types of 
     ethnic and religious-based hostile encounters, and progress 
     made in the transition of responsibility for the security of 
     Iraqi provinces to the Iraqi Security Forces under the 
     Provincial Iraqi Control (PIC) process.
       (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 most recent annual budget for the Government of 
     Iraq, including a description of amounts budgeted for support 
     of Iraqi security and police forces and an assessment of how 
     planned funding will impact the training, equipping and 
     overall readiness of those forces.
       (G) 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 Iraq battalions that are--
       (i) capable of conducting counter insurgency operations 
     independently without any support from Coalition Forces;
       (ii) capable of conducting counter insurgency operations 
     with the support of United States or coalition forces; or
       (iii) not ready to conduct counter insurgency operations.
       (D) The amount and type of support provided by Coalition 
     Forces to the Iraqi Security Forces at each level of 
     operational readiness.
       (E) The number of Iraqi battalions in the Iraqi Army 
     currently conducting operations and the type of operations 
     being conducted.
       (F) The rates of absenteeism in the Iraqi military forces 
     and the extent to which insurgents have infiltrated such 
     forces.
       (G) The training provided Iraqi police and other Ministry 
     of Interior forces and the equipment used by such forces.
       (H) The level and effectiveness of the Iraqi Security 
     Forces under the Ministry of Defense in provinces where the 
     United States has formally transferred responsibility for the 
     security of the province to the Iraqi Security Forces under 
     the Provincial Iraqi Control (PIC) process.
       (I) 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

[[Page 10476]]

     police trainers and the duration of such instruction;
       (v) attrition rates and measures of absenteeism and 
     infiltration by insurgents; and
       (vi) the level and effectiveness of the Iraqi Police and 
     other Ministry of Interior Forces in provinces where the 
     United States has formally transferred responsibility for the 
     security of the province to the Iraqi Security Forces under 
     the Provincial Iraqi Control (PIC) process.
       (J) 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.
       (K) The effectiveness of the Iraqi military and police 
     officer cadres and the chain of command.
       (L) The number of United States and coalition advisors 
     needed to support the Iraqi security forces and associated 
     ministries.
       (M) An assessment, in a classified annex if necessary, of 
     United States military requirements, including planned force 
     rotations, through the end of calendar year 2009.
       Sec. 11205. (a) Report by Secretary of Defense.--Not later 
     than 30 days after the date of the enactment of this Act, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report that contains individual 
     transition readiness assessments by unit of Iraq and Afghan 
     security forces. The Secretary of Defense shall submit to the 
     congressional defense committees updates of the report 
     required by this subsection every 90 days after the date of 
     the submission of the report until October 1, 2009. The 
     report and updates of the report required by this subsection 
     shall be submitted in classified form.
       (b) Report by OMB.--
       (1) The Director of the Office of Management and Budget, in 
     consultation with the Secretary of Defense; the Commander, 
     Multi-National Security Transition Command--Iraq; and the 
     Commander, Combined Security Transition Command--Afghanistan, 
     shall submit to the congressional defense committees not 
     later than 120 days after the date of the enactment of this 
     Act and every 90 days thereafter a report on the proposed use 
     of all funds under each of the headings ``Iraq Security 
     Forces Fund'' and ``Afghanistan Security Forces Fund'' on a 
     project-by-project basis, for which the obligation of funds 
     is anticipated during the 3-month period from such date, 
     including estimates by the commanders referred to in this 
     paragraph of the costs required to complete each such 
     project.
       (2) The report required by this subsection shall include 
     the following:
       (A) The use of all funds on a project-by-project basis for 
     which funds appropriated under the headings referred to in 
     paragraph (1) were obligated prior to the submission of the 
     report, including estimates by the commanders referred to in 
     paragraph (1) of the costs to complete each project.
       (B) The use of all funds on a project-by-project basis for 
     which funds were appropriated under the headings referred to 
     in paragraph (1) in prior appropriations Acts, or for which 
     funds were made available by transfer, reprogramming, or 
     allocation from other headings in prior appropriations Acts, 
     including estimates by the commanders referred to in 
     paragraph (1) of the costs to complete each project.
       (C) An estimated total cost to train and equip the Iraq and 
     Afghan security forces, disaggregated by major program and 
     sub-elements by force, arrayed by fiscal year.
       (c) Notification.--The Secretary of Defense shall 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''.
       Sec. 11206. Funds available to the Department of Defense 
     for operation and maintenance provided in this chapter 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. 11207. Supervision and administration costs associated 
     with a construction project funded with appropriations 
     available for operation and maintenance, ``Afghanistan 
     Security Forces Fund'' or ``Iraq Security Forces Fund'' 
     provided in this chapter, and executed in direct support of 
     the Global War on Terrorism only in Iraq and Afghanistan, 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.


                     (INCLUDING TRANSFER OF FUNDS)

       Sec. 11208. (a) Notwithstanding any other provision of law, 
     and in addition to amounts otherwise made available by this 
     Act, there is appropriated $1,700,000,000 for the ``Mine 
     Resistant Ambush Protected Vehicle Fund'', to remain 
     available until September 30, 2009.
       (b) The funds provided by subsection (a) shall be available 
     to the Secretary of Defense to continue technological 
     research and development and upgrades, to procure Mine 
     Resistant Ambush Protected vehicles and associated support 
     equipment, and to sustain, transport, and field Mine 
     Resistant Ambush Protected vehicles.
       (c)(1) The Secretary of Defense shall transfer funds 
     provided by subsection (a) to appropriations for operation 
     and maintenance; procurement; and research, development, test 
     and evaluation to accomplish the purposes specified in 
     subsection (b). Such transferred funds shall be merged with 
     and be available for the same purposes and for the same time 
     period as the appropriation to which they are transferred.
       (2) The transfer authority provided by this subsection 
     shall be in addition to any other transfer authority 
     available to the Department of Defense.
       (3) The Secretary of Defense shall, not less than 15 days 
     prior to making any transfer under this subsection, notify 
     the congressional defense committees in writing of the 
     details of the transfer.
       Sec. 11209. For the purposes of this Act, the term 
     ``congressional defense committees'' means the Armed Services 
     Committee of the House of Representatives, the Armed Services 
     Committee of the Senate, the Subcommittee on Defense of the 
     Committee on Appropriations of the Senate, and the 
     Subcommittee on Defense of the Committee on Appropriations of 
     the House of Representatives.

                               CHAPTER 3

                     GENERAL PROVISIONS--THIS TITLE

       Sec. 11301. Each amount in this title 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. 11302. Funds appropriated by this title, or made 
     available by the transfer of funds in this title, for 
     intelligence activities are deemed to be specifically 
     authorized by the Congress for purposes of section 504(a)(1) 
     of the National Security Act of 1947 (50 U.S.C. 414(a)(1)).
       Sec. 11303. None of the funds made available in this Act 
     may be used in contravention of the following laws enacted or 
     regulations promulgated to implement the United Nations 
     Convention Against Torture and Other Cruel, Inhuman or 
     Degrading Treatment or Punishment (done at New York on 
     December 10, 1984):
       (1) Section 2340A of title 18, United States Code;
       (2) Section 2242 of the Foreign Affairs Reform and 
     Restructuring Act of 1998 (division G of Public Law 105-277; 
     112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations 
     prescribed thereto, including regulations under part 208 of 
     title 8, Code of Federal Regulations, and part 95 of title 
     22, Code of Federal Regulations; and
       (3) Sections 1002 and 1003 of the Department of Defense, 
     Emergency Supplemental Appropriations to Address Hurricanes 
     in the Gulf of Mexico, and Pandemic Influenza Act, 2006 
     (Public Law 109-148).
       Sec. 11304. (a) Report Required.--Not later than 120 days 
     after the date of the enactment of this Act, the Secretary of 
     Defense, the Secretary of State, and the Secretary of 
     Homeland Security, in coordination with the Chairman of the 
     Joint Chiefs of Staff and the Director of National 
     Intelligence, shall jointly submit to Congress a report 
     setting forth the global strategy of the United States to 
     combat and defeat al Qaeda and its affiliates.
       (b) Elements of Strategy.--The strategy set forth in the 
     report required under subsection (a) shall include the 
     following elements:
       (1) An analysis of the global threat posed by al Qaeda and 
     its affiliates, including an assessment of the relative 
     threat posed in particular regions or countries.
       (2) Recommendations regarding the distribution and 
     deployment of United States military, intelligence, 
     diplomatic, and other assets to meet the relative regional 
     and country-specific threats described in paragraph (1).
       (3) Recommendations to ensure that the global deployment of 
     United States military personnel and equipment best meet the 
     threat identified and described in paragraph (1) and:
       (A) does not undermine the military readiness or homeland 
     security of the United States;
       (B) ensures adequate time between military deployments for 
     rest and training; and
       (C) does not require further extensions of military 
     deployments to the extent practicable.
       (c) Classified Annex.--The report required by subsection 
     (a) shall be submitted in unclassified form, but shall 
     include a classified annex.
       Sec. 11305. None of the funds provided in this title 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.

[[Page 10477]]

       Sec. 11306. Section 1002(c)(2) of the National Defense 
     Authorization Act, Fiscal Year 2008 (Public Law 110-181) is 
     amended by striking ``$362,159,000'' and inserting 
     ``$435,259,000''.
       Sec. 11307. None of the funds appropriated or otherwise 
     made available by this title may be obligated or expended to 
     provide award fees to any defense contractor contrary to the 
     provisions of section 814 of the National Defense 
     Authorization Act, Fiscal Year 2007 (Public Law 109-364).


                             (RESCISSIONS)

       Sec. 11308. (a) Of the funds made available for ``Defense 
     Health Program'' in Public Law 110-28, $75,000,000 are 
     rescinded.
       (b) Of the funds made available for ``Joint Improvised 
     Explosive Device Defeat Fund'' in division L of the 
     Consolidated Appropriations Act, 2008 (Public Law 110-161), 
     $71,531,000 are rescinded.
       Sec. 11309. Of the funds appropriated in the U.S. Troop 
     Readiness, Veterans' Care, Katrina Recovery, and Iraq 
     Accountability Appropriations Act, 2007 (Public Law 110-28) 
     which remain available for obligation under the ``Iraq 
     Freedom Fund'', $150,000,000 is only for the Joint Rapid 
     Acquisition Cell, and $10,000,000 is only for the 
     transportation of fallen service members.
       Sec. 11310. None of the funds available to the Department 
     of Defense may be obligated or expended to implement any 
     final action on joint basing initiatives required under the 
     2005 round of defense base closure and realignment under the 
     Defense Base Closure and Realignment Act of 1990 (part A of 
     title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) until 
     each affected Secretary of a military department or the head 
     of each affected Federal agency certifies to the 
     congressional defense committees that joint basing at the 
     affected military installation will result in significant 
     costs savings and will not negatively impact the morale of 
     members of the Armed Forces.
       Sec. 11311. Funds available in this title which are 
     available to the Department of Defense for operation and 
     maintenance may be used to purchase items having an 
     investment unit cost of not more than $250,000: Provided, 
     That upon determination by the Secretary of Defense that such 
     action is necessary to meet the operational requirements of a 
     Commander of a Combatant Command engaged in contingency 
     operations overseas, such funds may be used to purchase items 
     having an investment item unit cost of not more than 
     $500,000.
       Sec. 11312. H-2B Nonimmigrants. (a) Short Title.--This 
     section may be cited as the ``Save Our Small and Seasonal 
     Businesses Act of 2007''.
       (b) Extension of Returning Worker Exemption to H-2B 
     Numerical Limitation.--Section 214(g)(9)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1184(g)(9)(A)) is 
     amended by striking ``an alien who has already been counted 
     toward the numerical limitation of paragraph (1)(B) during 
     fiscal year 2004, 2005, or 2006 shall not again be counted 
     toward such limitation during fiscal year 2007.'' and 
     inserting ``an alien who has been present in the United 
     States as an H-2B nonimmigrant during any 1 of the 3 fiscal 
     years immediately preceding the fiscal year of the approved 
     start date of a petition for a nonimmigrant worker described 
     in section 101(a)(15)(H)(ii)(b) shall not be counted toward 
     such limitation for the fiscal year in which the petition is 
     approved.''.
       (c) Effective Date.--The amendment made by subsection (b) 
     shall be effective during the 3-year period beginning on 
     October 1, 2007.

                               TITLE XII

                  POLICY REGARDING OPERATIONS IN IRAQ


         units deployed for combat to be fully mission capable

       Sec. 12001.  (a) The Congress finds that it is the policy 
     of the Department of Defense that units should not be 
     deployed for combat unless they are rated ``fully mission 
     capable''.
       (b) None of the funds made available by this Act may be 
     used to deploy any unit of the Armed Forces to Iraq unless 
     the President has certified in writing to the Committees on 
     Appropriations and the Committees on Armed Services of the 
     House of Representatives and the Senate at least 15 days in 
     advance of the deployment that the unit is fully mission 
     capable in advance of entry into Iraq.
       (c) For purposes of subsection (b), the term ``fully 
     mission capable'' means capable of performing assigned 
     mission essential tasks to the prescribed standards under the 
     conditions expected in the theater of operation, consistent 
     with the guidelines set forth in the DoD Directive 7730.65, 
     Subject: Department of Defense Readiness Reporting System; 
     the Interim Force Allocation Guidance to the Global Force 
     Management Board, dated February 6, 2008; and Army Regulation 
     220-1, Subject: Unit Status Reporting, dated December 19, 
     2006.
       (d) The President, by certifying in writing to the 
     Committees on Appropriations and the Committees on Armed 
     Services of the House of Representatives and the Senate that 
     the deployment to Iraq of a unit that is not assessed mission 
     capable is required for reasons of national security and by 
     submitting along with the certification a report in 
     classified and unclassified form detailing the particular 
     reason or reasons why the unit's deployment is necessary 
     despite the unit commander's assessment that the unit is not 
     mission capable, may waive the limitations prescribed in 
     subsection (b) on a unit-by-unit basis.


                    time limit on combat deployments

       Sec. 12002.  (a) The Congress finds that it is the policy 
     of the Department of Defense that Army, Army Reserve, and 
     National Guard units should not be deployed for combat beyond 
     365 days or that Marine Corps and Marine Corps Reserve units 
     should not be deployed for combat beyond 210 days.
       (b) None of the funds made available in this or any other 
     Act may be obligated or expended to initiate the development 
     of, continue the development of, or execute any order that 
     has the effect of extending the deployment for Operation 
     Iraqi Freedom of--
       (1) any unit of the Army, Army Reserve, or Army National 
     Guard beyond 365 days; or
       (2) any unit of the Marine Corps or Marine Corps Reserve 
     beyond 210 days.
       (c) The limitation prescribed in subsection (b) shall not 
     be construed to require force levels in Iraq to be decreased 
     below the total United States force levels in Iraq as of 
     January 9, 2007.
       (d) The President may waive the limitations prescribed in 
     subsection (b) on a unit-by-unit basis if the President 
     certifies in writing to the Committees on Appropriations and 
     the Committees on Armed Services of the House of 
     Representatives and the Senate that the extension of a unit's 
     deployment in Iraq beyond the period applicable to the unit 
     under such subsection is required for reasons of national 
     security. The certification shall include a report, in 
     classified and unclassified form, detailing the particular 
     reason or reasons why the unit's extended deployment is 
     necessary.


                 dwell time between combat deployments

       Sec. 12003.  (a) The Congress finds that it is the policy 
     of the Department of Defense that an Army, Army Reserve, or 
     National Guard unit should not be redeployed for combat if 
     the unit has been deployed within the previous 365 
     consecutive days and that a Marine Corps or Marine Corps 
     Reserve unit should not be redeployed for combat if the unit 
     has been deployed within the previous 210 days.
       (b) None of the funds made available in this or any other 
     Act may be obligated or expended to initiate the development 
     of, continue the development of, or execute any order that 
     has the effect of deploying for Operation Iraqi Freedom of--
       (1) any unit of the Army, Army Reserve, or Army National 
     Guard if such unit has been deployed within the previous 365 
     consecutive days; or
       (2) any unit of the Marine Corps or Marine Corps Reserve if 
     such unit has been deployed within the previous 210 
     consecutive days.
       (c) The limitation prescribed in subsection (b) shall not 
     be construed to require force levels in Iraq to be decreased 
     below the total United States force levels in Iraq as of 
     January 9, 2007.
       (d) The President may waive the limitations prescribed in 
     subsection (b) on a unit-by-unit basis if the President 
     certifies in writing to the Committees on Appropriations and 
     the Committees on Armed Services of the House of 
     Representatives and the Senate that the redeployment of a 
     unit to Iraq in advance of the expiration of the period 
     applicable to the unit under such subsection is required for 
     reasons of national security. The certification shall include 
     a report, in classified and unclassified form, detailing the 
     particular reason or reasons why the unit's early 
     redeployment is necessary.


                 prohibition of permanent bases in iraq

       Sec. 12004.  None of the funds appropriated or otherwise 
     made available in this or any other Act may be obligated or 
     expended by the United States Government for a purpose as 
     follows:
       (1) To establish any military installation or base for the 
     purpose of providing for the permanent stationing of United 
     States Armed Forces in Iraq.
       (2) To exercise United States control over any oil resource 
     of Iraq.


       transition of the mission of united states forces in iraq

       Sec. 12005. It is the sense of Congress that the missions 
     of the United States Armed Forces in Iraq should be 
     transitioned to counterterrorism operations; training, 
     equipping and supporting Iraqi forces; and force protection, 
     with the goal of completing that transition by June 2009.


      limitation on defense agreements with the government of iraq

       Sec. 12006. None of the funds appropriated or otherwise 
     made available by this Act or any other Act shall be 
     available for the implementation of any agreement between the 
     United States and the Republic of Iraq containing a security 
     commitment, arrangement, or assurance unless the agreement 
     has entered into force in the form of a Treaty under section 
     2, clause 2 of Article II of the Constitution of the United 
     States or has been authorized by a law enacted pursuant to 
     section 7, clause 2 of Article I of the Constitution of the 
     United States.


  prohibition on agreements subjecting armed forces to iraqi criminal 
                              jurisdiction

       Sec. 12007. None of the funds made available in this or any 
     other Act may be used to

[[Page 10478]]

     negotiate, enter into, or implement 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.


                         report on iraq budget

       Sec. 12008. As part of the report required by section 609 
     of division L of the Consolidated Appropriations Act, 2008 
     (Public Law 110-161), the Secretary of Defense shall submit 
     to Congress a report on the most recent annual budget for the 
     Government of Iraq, including--
       (1) a description of amounts budgeted for support of Iraqi 
     security and police forces and an assessment of how planned 
     funding will impact the training, equipping and overall 
     readiness of those forces;
       (2) an assessment of the capacity of the Government of Iraq 
     to implement the budget as planned, including reports on 
     year-to-year spend rates, if available; and
       (3) a description of any budget surplus or deficit, if 
     applicable.


             partial reimbursement from iraq for fuel costs

       Sec. 12009. (a) Not more than 20 percent of the funds made 
     available in this Act under the heading ``Operation and 
     Maintenance, Defense-Wide'' for the Office of the Secretary 
     of Defense or Washington Headquarters Services may be 
     obligated or expended unless and until the agreement 
     described in subsection (b)(1) is complete and the report 
     required by subsection (b)(2) has been transmitted to 
     Congress, except that the limitation in this subsection may 
     be waived if the President determines and certifies to the 
     Committees on Appropriations of the House of Representatives 
     and Senate that such waiver is in the national security 
     interests of the United States.
       (b) Not later than 90 days after enactment of this Act, the 
     President shall--
       (1) complete an agreement with the Government of Iraq to 
     subsidize fuel costs for United States Armed Forces operating 
     in Iraq so the price of fuel per gallon to those forces is 
     equal to the discounted price per gallon at which the 
     Government of Iraq is providing fuel for domestic Iraqi 
     consumption; and
       (2) transmit a report to the House and Senate Committees on 
     Appropriations on the details and terms of that agreement.
       (c) Amounts received from the Government of Iraq under an 
     agreement described in subsection (b)(1) shall be credited to 
     the appropriations or funds that incurred obligations for the 
     fuel costs being subsidized, as determined by the Secretary 
     of Defense.


                    prohibition on war profiteering

       Sec. 12010. (a) Prohibition on War Profiteering.--
       (1) In general.--Chapter 47 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1041. War profiteering and fraud

       ``(a) Prohibition.--Whoever, in any matter involving a 
     contract with, or the provision of goods or services to, the 
     United States or a provisional authority, in connection with 
     a mission of the United States Government overseas, 
     knowingly--
       ``(1)(A) executes or attempts to execute a scheme or 
     artifice to defraud the United States or that authority; or
       ``(B) materially overvalues any good or service with the 
     intent to defraud the United States or that authority;

     shall be fined not more than $1,000,000 or imprisoned not 
     more than 20 years, or both; or
       ``(2) in connection with the contract or the provision of 
     those goods or services--
       ``(A) falsifies, conceals, or covers up by any trick, 
     scheme, or device a material fact;
       ``(B) makes any materially false, fictitious, or fraudulent 
     statements or representations; or
       ``(C) makes or uses any materially false writing or 
     document knowing the same to contain any materially false, 
     fictitious, or fraudulent statement or entry;

     shall be fined not more than $1,000,000 or imprisoned not 
     more than 10 years, or both.
       ``(b) Extraterritorial Jurisdiction.--There is 
     extraterritorial Federal jurisdiction over an offense under 
     this section.
       ``(c) Venue.--A prosecution for an offense under this 
     section may be brought--
       ``(1) as authorized by chapter 211 of this title;
       ``(2) in any district where any act in furtherance of the 
     offense took place; or
       ``(3) in any district where any party to the contract or 
     provider of goods or services is located.''.
       (2) Table of sections.--The table of sections for chapter 
     47 of such title is amended by adding at the end the 
     following:

``1041. War profiteering and fraud.''.

       (b) Criminal Forfeiture.--Section 982(a)(2)(B) of title 18, 
     United States Code, is amended by striking ``or 1030'' and 
     inserting ``1030, or 1041''.
       (c) Money Laundering.--Section 1956(c)(7)(D) of title 18, 
     United States Code, is amended by inserting ``section 1041 
     (relating to war profiteering and fraud),'' after 
     ``liquidating agent of financial institution),''.
       (d) RICO.--Section 1961(1) of title 18, United States Code, 
     is amended by inserting ``section 1041 (relating to war 
     profiteering and fraud),'' after ``in connection with access 
     devices),''.


         wartime contract fraud statute on limitation extension

       Sec. 12011. Section 3287 of title 18, United States Code, 
     is amended--
       (1) by inserting ``or Congress has enacted a specific 
     authorization for the use of the Armed Forces, as described 
     in section 5(b) of the War Powers Resolution (50 U.S.C. 
     1544(b)),'' after ``is at war'';
       (2) by inserting ``or directly connected with or related to 
     the authorized use of the Armed Forces'' after ``prosecution 
     of the war'';
       (3) by striking ``three years'' and inserting ``5 years'';
       (4) by striking ``proclaimed by the President'' and 
     inserting ``proclaimed by a Presidential proclamation, with 
     notice to Congress,''; and
       (5) by adding at the end the following: ``For purposes of 
     applying such definitions in this section, the term `war' 
     includes a specific authorization for the use of the Armed 
     Forces, as described in section 5(b) of the War Powers 
     Resolution (50 U.S.C. 1544(b)).''.


 CONTRIBUTIONS BY THE GOVERNMENT OF IRAQ TO LARGE-SCALE INFRASTRUCTURE 
      PROJECTS, COMBINED OPERATIONS, AND OTHER ACTIVITIES IN IRAQ

       Sec. 12012. (a) Large-Scale Infrastructure Projects.--
       (1) Limitation on availability of united states funds for 
     projects.--Amounts appropriated by this Act for the 
     Department of Defense for United States assistance (other 
     than amounts described in paragraph (3)) may not be obligated 
     or expended for any large-scale infrastructure project in 
     Iraq that is commenced after the date of the enactment of 
     this Act.
       (2) Funding of reconstruction projects by the government of 
     iraq.--The Secretary of Defense shall work with the 
     Government of Iraq to provide that the Government of Iraq 
     shall obligate and expend funds of the Government of Iraq for 
     reconstruction projects in Iraq that are not large-scale 
     infrastructure projects before obligating and expending funds 
     appropriated by this Act for the Department of Defense (other 
     than amounts described in paragraph (3)) for such projects.
       (3) Exception for cerp.--The limitations in paragraphs (1) 
     and (2) do not apply to amounts appropriated by this Act for 
     the Commanders' Emergency Response Program (CERP).
       (4) Large-scale infrastructure project defined.--In this 
     subsection, the term ``large-scale infrastructure project'' 
     means any construction project for infrastructure in Iraq 
     that is estimated by the United States Government at the time 
     of the commencement of the project to cost at least 
     $2,000,000.
       (b) Combined Operations.--
       (1) In general.--The Secretary of Defense shall initiate 
     negotiations with the Government of Iraq on an agreement 
     under which the Government of Iraq shall share with the 
     United States Government the costs of combined operations of 
     the Government of Iraq and the Multinational Forces Iraq 
     undertaken as part of Operation Iraqi Freedom.
       (2) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to Congress a report describing the status of negotiations 
     under paragraph (1).
       (c) Iraqi Security Forces.--
       (1) In general.--The United States Government shall take 
     actions to ensure that Iraq funds are used to pay the 
     following:
       (A) The costs of the salaries, training, equipping, and 
     sustainment of Iraqi Security Forces.
       (B) The costs associated with the Sons of Iraq.
       (2) Reports.--Not later than 90 days after the date of the 
     enactment of this Act, the President shall submit to Congress 
     a report setting forth an assessment of the progress made in 
     meeting the requirements of paragraph (1).


                     NOTIFICATION OF THE RED CROSS

       Sec. 12013. (a) Requirement.--None of the funds 
     appropriated by this or any other Act may be used to detain 
     any individual who is in the custody or under the effective 
     control of an element of the intelligence community (as that 
     term is defined in section 3 of the National Security Act of 
     1947 (50 U.S.C. 401a)) or an instrumentality of such element 
     if the International Committee of the Red Cross is not 
     provided notification of the detention of such individual and 
     access to such individual in a manner consistent with the 
     practices of the Armed Forces.
       (b) Construction.--Nothing in this subsection shall be 
     construed--
       (1) to create or otherwise imply the authority to detain; 
     or
       (2) to limit or otherwise affect any other rights or 
     obligations which may arise under the Geneva Conventions or 
     other laws, or to state all of the situations under which 
     notification to and access for the International Committee of 
     the Red Cross is required or allowed.
       (c) Instrumentality Defined.--In this section, the term 
     ``instrumentality'', with respect to an element of the 
     intelligence community, means a contractor or subcontractor 
     at any tier of the element of the intelligence community.

[[Page 10479]]

       Sec. 12014. (a) Of the amount appropriated or otherwise 
     made available by the Act for the Department of Defense, up 
     to $3,000,000 shall be available to a Federally Funded 
     Research and Development Center (FFRDC) to conduct an 
     examination and analysis of the feasibility and mechanics of 
     implementing a safe and orderly phased redeployment of United 
     States military forces from Iraq over a 12-month time period 
     and an 18-month time period. The examination and analysis of 
     a safe and orderly phased redeployment pursuant to this 
     subsection shall (1) assume a scenario in which 40,000 United 
     States military forces remain in Iraq for the purpose of 
     protecting United States and coalition personnel and 
     infrastructure, training and equipping Iraqi forces, and 
     conducting targeted counterterrorism operations and (2) 
     assume a scenario in which 100,000 United States military 
     forces remains in Iraq for such purpose.
       (b) Not later than 180 days after the date of the enactment 
     of this Act the FFRDC shall provide the analysis and 
     examination developed pursuant to subsection (a) to the 
     Secretary of Defense. The Secretary shall submit the analysis 
     and examination to the congressional defense committees in 
     classified form, and shall include an unclassified summary of 
     key judgments.

       TITLE XIII--MILITARY EXTRATERRITORIAL JURISDICTION MATTERS

     SEC. 13001. SHORT TITLE.

       This title may be cited as the ``MEJA Expansion and 
     Enforcement Act of 2008''.

     SEC. 13002. LEGAL STATUS OF CONTRACT PERSONNEL.

       (a) Clarification of Military Extraterritorial Jurisdiction 
     Act.--
       (1) Inclusion of federal employees and contractors.--
     Section 3261(a) of title 18, United States Code, is amended--
       (A) in paragraph (1), by striking ``or'' at the end;
       (B) in paragraph (2), by striking the comma at the end and 
     inserting a semicolon; and
       (C) by inserting after paragraph (2) the following new 
     paragraphs:
       ``(3) while employed by any Department or agency of the 
     United States other than the Armed Forces in a foreign 
     country in which the Armed Forces are conducting a qualifying 
     military operation; or
       ``(4) while employed as a security officer or security 
     contractor by any Department or agency of the United States 
     other than the Armed Forces,''.
       (2) Definitions.--Section 3267 of title 18, United States 
     Code, is amended--
       (A) in paragraph (1), by striking subparagraph (A) and 
     inserting the following new subparagraph:
       ``(A) employed by or performing services under a contract 
     with or grant from the Department of Defense (including a 
     nonappropriated fund instrumentality of the Department) as--
       ``(i) a civilian employee (including an employee from any 
     other Executive agency on temporary assignment to the 
     Department of Defense);
       ``(ii) a contractor (including a subcontractor at any 
     tier); or
       ``(iii) an employee of a contractor (including a 
     subcontractor at any tier);''; and
       (B) by adding at the end the following new paragraphs:
       ``(5) The term `employed by any Department or agency of the 
     United States other than the Armed Forces' means--
       ``(A) employed by or performing services under a contract 
     with or grant from any Department or agency of the United 
     States, or any provisional authority funded in whole or 
     substantial part or created by the United States Government, 
     other than the Department of Defense as--
       ``(i) a civilian employee;
       ``(ii) a contractor (including a subcontractor at any 
     tier); or
       ``(iii) an employee of a contractor (including a 
     subcontractor at any tier);
       ``(B) present or residing outside the United States in 
     connection with such employment; and
       ``(C) not a national of or ordinarily a resident in the 
     host nation.
       ``(6) The term `employed as a security officer or security 
     contractor by any Department or agency of the United States 
     other than the Armed Forces' means--
       ``(A) employed by or performing services under a contract 
     with or grant from any Department or agency of the United 
     States, or any provisional authority funded in whole or 
     substantial part or created by the United States Government, 
     other than the Department of Defense as--
       ``(i) a civilian employee;
       ``(ii) a contractor (including a subcontractor at any 
     tier); or
       ``(iii) an employee of a contractor (including a 
     subcontractor at any tier);
       ``(B) authorized in the course of such employment--
       ``(i) to provide physical protection to or security for 
     persons, places, buildings, facilities, supplies, or means of 
     transportation;
       ``(ii) to carry or possess a firearm or dangerous weapon, 
     as defined by section 930(g)(2) of this title;
       ``(iii) to use force against another; or
       ``(iv) to supervise individuals performing the activities 
     described in clause (i), (ii) or (iii);
       ``(C) present or residing outside the United States in 
     connection with such employment; and
       ``(D) not a national of or ordinarily resident in the host 
     nation.
       ``(7) The term `qualifying military operation' means--
       ``(A) a military operation covered by a declaration of war 
     or an authorization of the use of military force by Congress;
       ``(B) a contingency operation (as defined in section 101 of 
     title 10); or
       ``(C) any other military operation outside of the United 
     States, including a humanitarian assistance or peace keeping 
     operation, provided such operation is conducted pursuant to 
     an order from or approved by the Secretary of Defense.''.
       (b) Department of Justice Inspector General Report.--
       (1) Report required.--Not later than 180 days after the 
     date of the enactment of this Act, the Inspector General of 
     the Department of Justice, in consultation with the 
     Inspectors General of the Department of Defense, the 
     Department of State, the United States Agency for 
     International Development, the Department of Agriculture, the 
     Department of Energy, and other appropriate Federal 
     departments and agencies, shall submit to Congress a report 
     in accordance with this subsection.
       (2) Content of report.--The report under paragraph (1) 
     shall include, for the period beginning on October 1, 2001, 
     and ending on the date of the report--
       (A) unless the description pertains to non-public 
     information that relates to an ongoing investigation or 
     criminal or civil proceeding under seal, a description of any 
     alleged violations of section 3261 of title 18, United States 
     Code, reported to the Inspector Generals identified in 
     paragraph (1) or the Department of Justice, including--
       (i) the date of the complaint and the type of offense 
     alleged;
       (ii) whether any investigation was opened or declined based 
     on the complaint;
       (iii) whether the investigation was closed, and if so, when 
     it was closed;
       (iv) whether a criminal or civil case was filed as a result 
     of the investigation, and if so, when it was filed; and
       (v) any charges or complaints filed in those cases; and
       (B) unless the description pertains to non-public 
     information that relates to an ongoing investigation or 
     criminal or civil proceeding under seal, and with appropriate 
     safeguards for the protection of national security 
     information, a description of any shooting or escalation of 
     force incidents in Iraq or Afghanistan involving alleged 
     misconduct by persons employed as a security officer or 
     security contractor by any Department or agency of the United 
     States, and any official action taken against such persons.
       (3) Form of report.--The report under paragraph (1) shall 
     be submitted in unclassified form, but may contain a 
     classified annex as appropriate.

     SEC. 13003. INVESTIGATIVE UNITS FOR CONTRACTOR OVERSIGHT.

       (a) Establishment of Investigative Units for Contractor 
     Oversight.--
       (1) In general.--The Attorney General, in consultation with 
     the Secretary of Defense, the Secretary of State, the 
     Secretary of Homeland Security, and the heads of any other 
     Federal departments or agencies responsible for employing 
     private security contractors or contractors (or 
     subcontractors at any tier) in a foreign country where the 
     Armed Forces are conducting a qualifying military operation--
       (A) shall assign adequate personnel and resources through 
     the creation of Investigative Units for Contractor Oversight 
     to investigate allegations of criminal violations under 
     paragraphs (3) and (4) of section 3261(a) of title 18, United 
     States Code (as amended by section 13002(a) of this Act); and
       (B) may authorize the overseas deployment of law 
     enforcement agents and other Department of Justice personnel 
     for that purpose.
       (2) Rule of construction.--Nothing in this subsection shall 
     limit any existing authority of the Attorney General or any 
     Federal law enforcement agency to investigate violations of 
     Federal law or deploy personnel overseas.
       (b) Referral for Prosecution.--Upon conclusion of an 
     investigation of an alleged violation of sections 3261(a)(3) 
     and 3261(a)(4) of title 18, United States Code, an 
     Investigative Unit for Contractor Oversight may refer the 
     matter to the Attorney General for further action, as 
     appropriate in the discretion of the Attorney General.
       (c) Responsibilities of the Attorney General.--
       (1) Investigation.--The Attorney General shall have the 
     principal authority for the enforcement of sections 
     3261(a)(3) and 3261(a)(4) of title 18, United States Code, 
     and shall have the authority to initiate, conduct, and 
     supervise investigations of any alleged violations of such 
     sections 3261(a)(3) and 3261(a)(4).
       (2) Assistance on request of the attorney general.--
     Notwithstanding any statute, rule, or regulation to the 
     contrary, the Attorney General may request assistance from 
     the Secretary of Defense, the Secretary of State, or the head 
     of any other Executive agency to enforce this title. This 
     requested

[[Page 10480]]

     assistance may include the assignment of additional personnel 
     and resources to an Investigative Unit for Contractor 
     Oversight established by the Attorney General under 
     subsection (a).
       (3) Annual report.--Not later than one year after the date 
     of enactment of this Act, and annually thereafter, the 
     Attorney General, in consultation with the Secretary of 
     Defense and the Secretary of State, shall submit to Congress 
     a report containing--
       (A) the number of violations of sections 3261(a)(3) and 
     3261(a)(4) of title 18, United States Code, received, 
     investigated, and referred for prosecution by Federal law 
     enforcement authorities during the previous year;
       (B) the number and location of Investigative Units for 
     Contractor Oversight deployed to investigate violations of 
     such sections 3261(a)(3) and 3261(a)(4) during the previous 
     year; and
       (C) any recommended changes to Federal law that the 
     Attorney General considers necessary to enforce this title 
     and the amendments made by this title and chapter 212 of 
     title 18, United States Code.

     SEC. 13004. REMOVAL PROCEDURES FOR NON-DEPARTMENT OF DEFENSE 
                   EMPLOYEES AND CONTRACTORS.

       (a) Attorney General Regulations.--Section 3266 of title 
     18, United States Code, is amended by adding at the end the 
     following:
       ``(d) The Attorney General, after consultation with the 
     Secretary of Defense, the Secretary of State, and the 
     Director of National Intelligence, may prescribe regulations 
     governing the investigation, apprehension, detention, 
     delivery, and removal of persons described in sections 
     3261(a)(3) and 3261(a)(4) and describing the notice due, if 
     any, foreign nationals potentially subject to the criminal 
     jurisdiction of the United States under those sections.''.
       (b) Clarifying and Conforming Amendments.--
       (1) In general.--Chapter 212 of title 18, United States 
     Code, is amended--
       (A) in section 3262--
       (i) in subsection (a), by striking ``section 3261(a)'' the 
     first place it appears and inserting ``section 3261(a)(1) or 
     3261(a)(2)'';
       (ii) by redesignating subsection (b) as subsection (c); and
       (iii) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) The Attorney General may designate and authorize any 
     person serving in a law enforcement position in the 
     Department of Justice, the Department of Defense, the 
     Department State, or any other Executive agency to arrest, in 
     accordance with applicable international agreements, outside 
     the United States any person described in section 3261(a) if 
     there is probable cause to believe that such person violated 
     section 3261(a).'';
       (B) in section 3263(a), by striking ``section 3261(a)'' the 
     first place it appears and inserting ``section 3261(a)(1) or 
     3261(a)(2)'';
       (C) in section 3264(a), by inserting ``described in section 
     3261(a)(1) or 3261(a)(2)'' before ``arrested'';
       (D) section 3265(a)(1) by inserting ``described in section 
     3261(a)(1) or 3261(a)(2)'' before ``arrested''; and
       (E) in section 3266(a), by striking ``under this chapter'' 
     and inserting ``described in section 3261(a)(1) or 
     3261(a)(2)''.
       (2) Additional amendment.--Section 7(9) of title 18, United 
     States Code, is amended by striking ``section 3261(a)'' and 
     inserting ``section 3261(a)(1) or 3261(a)(2)''.

     SEC. 13005. EXISTING EXTRATERRITORIAL JURISDICTION.

       Nothing in this title or the amendments made by this title 
     shall be construed to limit or affect the extraterritorial 
     jurisdiction related to any Federal statute not amended by 
     this title.

     SEC. 13006. DEFINITION.

       For purposes of this title and the amendments made by this 
     title, the term ``Executive agency'' has the meaning given in 
     section 105 of title 5, United States Code.

     SEC. 13007. EFFECTIVE DATE.

       (a) Immediate Effectiveness.--The provisions of this title 
     shall enter into effect immediately upon the enactment of 
     this Act.
       (b) Implementation.--The Attorney General and the head of 
     any other Federal department or agency to which this title 
     applies shall have 90 days after the date of the enactment of 
     this Act to ensure compliance with the provisions of this 
     title.
                                 F_____
                                 
  SA 4817. Mr. REID proposed an amendment to the amendment of the House 
amendment numbered 1 to the amendment of the Senate to the bill H.R. 
2642, making appropriations for military construction, the Department 
of Veterans Affairs, and related agencies for the fiscal year ending 
September 30, 2008, and for other purposes; as follows:

       In lieu of the language proposed to be inserted, insert the 
     following:

                                TITLE XI

                            DEFENSE MATTERS

                               CHAPTER 1

        DEFENSE SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 2008

                    DEPARTMENT OF DEFENSE--MILITARY

                           MILITARY PERSONNEL

                        Military Personnel, Army

       For an additional amount for ``Military Personnel, Army'', 
     $12,216,715,000.

                        Military Personnel, Navy

       For an additional amount for ``Military Personnel, Navy'', 
     $894,185,000.

                    Military Personnel, Marine Corps

       For an additional amount for ``Military Personnel, Marine 
     Corps'', $1,826,688,000.

                     Military Personnel, Air Force

       For an additional amount for ``Military Personnel, Air 
     Force'', $1,355,544,000.

                        Reserve Personnel, Army

       For an additional amount for ``Reserve Personnel, Army'', 
     $304,200,000.

                        Reserve Personnel, Navy

       For an additional amount for ``Reserve Personnel, Navy'', 
     $72,800,000.

                    Reserve Personnel, Marine Corps

       For an additional amount for ``Reserve Personnel, Marine 
     Corps'', $16,720,000.

                      Reserve Personnel, Air Force

       For an additional amount for ``Reserve Personnel, Air 
     Force'', $5,000,000.

                     National Guard Personnel, Army

       For an additional amount for ``National Guard Personnel, 
     Army'', $1,369,747,000.

                  National Guard Personnel, Air Force

       For an additional amount for ``National Guard Personnel, 
     Air Force'', $4,000,000.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

       For an additional amount for ``Operation and Maintenance, 
     Army'', $17,223,512,000.

                    Operation and Maintenance, Navy


                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for ``Operation and Maintenance, 
     Navy'', $2,977,864,000: Provided, That up to $112,607,000 
     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'', $159,900,000.

                  Operation and Maintenance, Air Force

       For an additional amount for ``Operation and Maintenance, 
     Air Force'', $5,972,520,000.

                Operation and Maintenance, Defense-Wide

       For an additional amount for ``Operation and Maintenance, 
     Defense-Wide'', $3,657,562,000, of which--
       (1) not to exceed $25,000,000 may be used for the Combatant 
     Commander Initiative Fund, to be used in support of Operation 
     Iraqi Freedom and Operation Enduring Freedom;
       (2) not to exceed $800,000,000, to remain available until 
     expended, may be used for payments to reimburse key 
     cooperating nations, for logistical, military, and other 
     support provided to United States military operations, 
     notwithstanding any other provision of law: Provided, That 
     these funds may be used for the purpose of providing 
     specialized training and procuring supplies and specialized 
     equipment and providing such supplies and loaning such 
     equipment on a non-reimbursable basis to coalition forces 
     supporting United States military operations in Iraq and 
     Afghanistan: Provided further, 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: Provided further, That of the amount 
     available under this heading for the Defense Contract 
     Management Agency, $52,000,000 shall remain available until 
     September 30, 2009.

                Operation and Maintenance, Army Reserve

       For an additional amount for ``Operation and Maintenance, 
     Army Reserve'', $164,839,000.

                Operation and Maintenance, Navy Reserve

       For an additional amount for ``Operation and Maintenance, 
     Navy Reserve'', $109,876,000.

            Operation and Maintenance, Marine Corps Reserve

       For an additional amount for ``Operation and Maintenance, 
     Marine Corps Reserve'', $70,256,000.

              Operation and Maintenance, Air Force Reserve

       For an additional amount for ``Operation and Maintenance, 
     Air Force Reserve'', $165,994,000.

             Operation and Maintenance, Army National Guard

       For an additional amount for ``Operation and Maintenance, 
     Army National Guard'', $685,644,000.

[[Page 10481]]



             Operation and Maintenance, Air National Guard

       For an additional amount for ``Operation and Maintenance, 
     Air National Guard'', $287,369,000.

                           Iraq Freedom Fund


                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for ``Iraq Freedom Fund'', 
     $50,000,000, to remain available for transfer until September 
     30, 2009, notwithstanding any other provision of law, only 
     for the redevelopment of the Iraqi industrial sector by 
     identifying, and providing assistance to, factories and other 
     industrial facilities that are best situated to resume 
     operations quickly and reemploy the Iraqi workforce: 
     Provided, That the Secretary of Defense shall, not fewer than 
     15 days prior to making transfers from this appropriation, 
     notify the congressional defense committees in writing of the 
     details of any such transfer.

                    Afghanistan Security Forces Fund

       For an additional amount for the ``Afghanistan Security 
     Forces Fund'', $1,400,000,000, to remain available until 
     September 30, 2009.

                       Iraq Security Forces Fund


                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount 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 none of the assistance provided under this heading in 
     the form of funds may be utilized for the provision of 
     salaries, wages, or bonuses to personnel of the Iraqi 
     Security Forces: 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 15 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.

                              PROCUREMENT

                       Aircraft Procurement, Army

       For an additional amount for ``Aircraft Procurement, 
     Army'', $954,111,000, to remain available for obligation 
     until September 30, 2010.

                       Missile Procurement, Army

       For an additional amount for ``Missile Procurement, Army'', 
     $561,656,000, 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'', $5,463,471,000, to remain 
     available for obligation until September 30, 2010.

                    Procurement of Ammunition, Army

       For an additional amount for ``Procurement of Ammunition, 
     Army'', $344,900,000, to remain available for obligation 
     until September 30, 2010.

                        Other Procurement, Army

       For an additional amount for ``Other Procurement, Army'', 
     $16,337,340,000, to remain available for obligation until 
     September 30, 2010.

                       Aircraft Procurement, Navy

       For an additional amount for ``Aircraft Procurement, 
     Navy'', $3,563,254,000, to remain available for obligation 
     until September 30, 2010.

                       Weapons Procurement, Navy

       For an additional amount for ``Weapons Procurement, Navy'', 
     $317,456,000, 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'', 
     $1,399,135,000, to remain available for obligation until 
     September 30, 2010.

                       Procurement, Marine Corps

       For an additional amount for ``Procurement, Marine Corps'', 
     $2,197,390,000, to remain available for obligation until 
     September 30, 2010.

                    Aircraft Procurement, Air Force

       For an additional amount for ``Aircraft Procurement, Air 
     Force'', $7,103,923,000, to remain available for obligation 
     until September 30, 2010.

                     Missile Procurement, Air Force

       For an additional amount for ``Missile Procurement, Air 
     Force'', $66,943,000, to remain available for obligation 
     until September 30, 2010.

                  Procurement of Ammunition, Air Force

       For an additional amount for ``Procurement of Ammunition, 
     Air Force'', $205,455,000, to remain available for obligation 
     until September 30, 2010.

                      Other Procurement, Air Force

       For an additional amount for ``Other Procurement, Air 
     Force'', $1,953,167,000, to remain available for obligation 
     until September 30, 2010.

                       Procurement, Defense-Wide

       For an additional amount for ``Procurement, Defense-Wide'', 
     $408,209,000, to remain available for obligation until 
     September 30, 2010.

                  National Guard and Reserve Equipment

       For an additional amount for ``National Guard and Reserve 
     Equipment'', $825,000,000, to remain available for obligation 
     until September 30, 2010: Provided, That the Chiefs of the 
     National Guard and Reserve components shall, prior to the 
     expenditure of funds, and not later than 30 days after the 
     enactment of this Act, individually submit to the 
     congressional defense committees an equipment modernization 
     priority assessment with a detailed plan for the expenditure 
     of funds for their respective National Guard and Reserve 
     components.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Army'', $162,958,000, to remain available 
     until September 30, 2009.

            Research, Development, Test and Evaluation, Navy

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Navy'', $366,110,000, to remain available 
     until September 30, 2009.

         Research, Development, Test And Evaluation, Air Force

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Air Force'', $399,817,000, to remain 
     available until September 30, 2009.

        Research, Development, Test and Evaluation, Defense-Wide

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Defense-Wide'', $816,598,000, to remain 
     available until September 30, 2009.

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

       For an additional amount for ``Defense Working Capital 
     Funds'', $1,837,450,000, to remain available for obligation 
     until expended.

                     National Defense Sealift Fund

       For an additional amount for ``National Defense Sealift 
     Fund'', $5,110,000, to remain available for obligation until 
     expended.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

       For an additional amount for ``Defense Health Program'', 
     $1,413,864,000, of which $957,064,000 shall be for operation 
     and maintenance; of which $91,900,000 is for procurement, to 
     remain available until September 30, 2010; of which 
     $364,900,000 shall be for research, development, test and 
     evaluation, to remain available until September 30, 2009: 
     Provided, That in addition to amounts otherwise contained in 
     this paragraph, $75,000,000 is hereby appropriated to the 
     ``Defense Health Program'' for operation and maintenance for 
     psychological health and traumatic brain injury, to remain 
     available until September 30, 2009.

         Drug Interdiction and Counter-Drug Activities, Defense


                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for ``Drug Interdiction and 
     Counter-Drug Activities, Defense'', $65,317,000, to remain 
     available until September 30, 2009.

[[Page 10482]]



                    Office of the Inspector General

       For an additional amount for ``Office of the Inspector 
     General'', $6,394,000, of which $2,000,000 shall be for 
     research, development, test and evaluation, to remain 
     available until September 30, 2009.

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 11101. Appropriations provided in this chapter are 
     available for obligation until September 30, 2008, unless 
     otherwise provided in this chapter.
       Sec. 11102. Notwithstanding any other provision of law, 
     funds made available in this chapter are in addition to 
     amounts appropriated or otherwise made available for the 
     Department of Defense for fiscal year 2008.


                     (INCLUDING TRANSFER OF FUNDS)

       Sec. 11103. 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 $2,500,000,000 of the funds made available to the 
     Department of Defense in this chapter: 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 and is subject to the same terms and 
     conditions as the authority provided in section 8005 of 
     Public Law 110-116, except for the fourth proviso.
       Sec. 11104. (a) From funds made available for operation and 
     maintenance in this chapter to the Department of Defense, not 
     to exceed $1,226,841,000 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, Afghanistan, and the Philippines to 
     respond to urgent humanitarian relief and reconstruction 
     requirements within their areas of responsibility by carrying 
     out programs that will immediately assist the Iraqi, Afghan, 
     and Filipino people.
       (b) Not later than 15 days after the end of each fiscal 
     year quarter, 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).


                     (INCLUDING TRANSFER OF FUNDS)

       Sec. 11105. During fiscal year 2008, the Secretary of 
     Defense may transfer not to exceed $6,500,000 of the amounts 
     in or credited to the Defense Cooperation Account, pursuant 
     to 10 U.S.C. 2608, to such appropriations or funds of the 
     Department of Defense as the Secretary shall determine for 
     use consistent with the purposes for which such funds were 
     contributed and accepted: Provided, That such amounts shall 
     be available for the same time period as the appropriation to 
     which transferred: Provided further, That the Secretary shall 
     report to the Congress all transfers made pursuant to this 
     authority.
       Sec. 11106. Of the amount appropriated by this chapter 
     under the heading ``Drug Interdiction and Counter-Drug 
     Activities, Defense'', not to exceed $20,000,000 may be used 
     for the provision of support for counter-drug activities of 
     the Governments of Afghanistan, Kazakhstan, Kyrgyzstan, 
     Pakistan, Tajikistan, and Turkmenistan, as specified in 
     section 1033 of the National Defense Authorization Act for 
     Fiscal Year 1998 (Public Law 105-85, as amended by Public 
     Laws 106-398, 108-136, 109-364, and 110-181): Provided, That 
     such support shall be in addition to support provided under 
     any other provision of the law.
       Sec. 11107. Amounts provided in this chapter for operations 
     in Iraq and Afghanistan may be used by the Department of 
     Defense for the purchase of up to 20 heavy and light armored 
     vehicles for force protection purposes, notwithstanding price 
     or other limitations specified elsewhere in the Department of 
     Defense Appropriations Act, 2008 (Public Law 110-116), or any 
     other provision of law: Provided, That notwithstanding any 
     other provision of law, funds provided in Public Law 110-116 
     and Public Law 110-161 under the heading ``Other Procurement, 
     Navy'' may be used for the purchase of 21 vehicles required 
     for physical security of personnel, notwithstanding price 
     limitations applicable to passenger vehicles but not to 
     exceed $255,000 per vehicle: Provided further, That the 
     Secretary of Defense shall submit a report in writing no 
     later than 30 days after the end of each fiscal quarter 
     notifying the congressional defense committees of any 
     purchase described in this section, including cost, purposes, 
     and quantities of vehicles purchased.


                     (INCLUDING TRANSFER OF FUNDS)

       Sec. 11108. Section 8122(c) of Public Law 110-116 is 
     amended by adding at the end the following:
       ``(4) Upon a determination that all or part of the funds 
     transferred under paragraph (1) are not necessary to 
     accomplish the purposes specified in subsection (b), such 
     amounts may be transferred back to the `Mine Resistant Ambush 
     Protected Vehicle Fund'.''.
       Sec. 11109. Notwithstanding any other provision of law, not 
     to exceed $150,000,000 of funds made available in this 
     chapter may be obligated to conduct or support a program to 
     build the capacity of a foreign country's national military 
     forces in order for that country to conduct counterterrorist 
     operations or participate in or support military and 
     stability operations in which the U.S. Armed Forces are a 
     participant: Provided, That funds available pursuant to the 
     authority in this section shall be subject to the same 
     restrictions, limitations, and reporting requirements as 
     funds available pursuant to section 1206 of Public Law 109-
     163 as amended.

                               CHAPTER 2

        DEFENSE BRIDGE FUND APPROPRIATIONS FOR FISCAL YEAR 2009

                    DEPARTMENT OF DEFENSE--MILITARY

                           MILITARY PERSONNEL

                        Military Personnel, Army

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

                        Military Personnel, Navy

       For an additional amount for ``Military Personnel, Navy'', 
     $75,000,000.

                    Military Personnel, Marine Corps

       For an additional amount for ``Military Personnel, Marine 
     Corps'', $55,000,000.

                     Military Personnel, Air Force

       For an additional amount for ``Military Personnel, Air 
     Force'', $75,000,000.

                     National Guard Personnel, Army

       For an additional amount for ``National Guard Personnel, 
     Army'', $150,000,000.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

       For an additional amount for ``Operation and Maintenance, 
     Army'', $37,300,000,000.

                    Operation and Maintenance, Navy


                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for ``Operation and Maintenance, 
     Navy'', $3,500,000,000: Provided, That up to $112,000,000 
     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'', $2,900,000,000.

                  Operation and Maintenance, Air Force

       For an additional amount for ``Operation and Maintenance, 
     Air Force'', $5,000,000,000.

                Operation and Maintenance, Defense-Wide

       For an additional amount for ``Operation and Maintenance, 
     Defense-Wide'', $2,648,569,000, of which not to exceed 
     $200,000,000, to remain available until expended, may be used 
     for payments to reimburse key cooperating nations, for 
     logistical, military, and other support provided to United 
     States military operations, notwithstanding any other 
     provision of law: Provided, That these funds may be used for 
     the purpose of providing specialized training and procuring 
     supplies and specialized equipment and providing such 
     supplies and loaning such equipment on a non-reimbursable 
     basis to coalition forces supporting United States military 
     operations in Iraq and Afghanistan: Provided further, 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'', $79,291,000.

                Operation and Maintenance, Navy Reserve

       For an additional amount for ``Operation and Maintenance, 
     Navy Reserve'', $42,490,000.

            Operation and Maintenance, Marine Corps Reserve

       For an additional amount for ``Operation and Maintenance, 
     Marine Corps Reserve'', $47,076,000.

              Operation and Maintenance, Air Force Reserve

       For an additional amount for ``Operation and Maintenance, 
     Air Force Reserve'', $12,376,000.

             Operation and Maintenance, Army National Guard

       For an additional amount for ``Operation and Maintenance, 
     Army National Guard'', $333,540,000.

             Operation and Maintenance, Air National Guard

       For an additional amount for ``Operation and Maintenance, 
     Air National Guard'', $52,667,000.

                    Afghanistan Security Forces Fund

       For an additional amount for the ``Afghanistan Security 
     Forces Fund'', $2,000,000,000, to remain available until 
     September 30, 2009.

                       Iraq Security Forces Fund


                     (INCLUDING TRANSFER OF FUNDS)

       For the ``Iraq Security Forces Fund'', $1,000,000,000, to 
     remain available until September 30, 2009: Provided, That 
     such funds

[[Page 10483]]

     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 none of the assistance 
     provided under this heading in the form of funds may be 
     utilized for the provision of salaries, wages, or bonuses to 
     personnel of the Iraqi Security Forces: 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 
     15 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.

                              PROCUREMENT

                       Aircraft Procurement, Army

       For an additional amount for ``Aircraft Procurement, 
     Army'', $84,000,000, to remain available for obligation until 
     September 30, 2011.

        Procurement of Weapons and Tracked Combat Vehicles, Army

       For an additional amount for ``Procurement of Weapons and 
     Tracked Combat Vehicles, Army'', $822,674,000, to remain 
     available for obligation until September 30, 2011.

                    Procurement of Ammunition, Army

       For an additional amount for ``Procurement of Ammunition, 
     Army'', $46,500,000, to remain available for obligation until 
     September 30, 2011.

                        Other Procurement, Army

       For an additional amount for ``Other Procurement, Army'', 
     $1,009,050,000, to remain available for obligation until 
     September 30, 2011.

                        Other Procurement, Navy

       For an additional amount for ``Other Procurement, Navy'', 
     $27,948,000, to remain available for obligation until 
     September 30, 2011.

                       Procurement, Marine Corps

       For an additional amount for ``Procurement, Marine Corps'', 
     $565,425,000, to remain available for obligation until 
     September 30, 2011.

                    Aircraft Procurement, Air Force

       For an additional amount for ``Aircraft Procurement, Air 
     Force'', $201,842,000, to remain available for obligation 
     until September 30, 2011.

                      Other Procurement, Air Force

       For an additional amount for ``Other Procurement, Air 
     Force'', $1,500,644,000, to remain available for obligation 
     until September 30, 2011.

                       Procurement, Defense-Wide

       For an additional amount for ``Procurement, Defense-Wide'', 
     $177,237,000, to remain available for obligation until 
     September 30, 2011.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Navy

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Navy'', $113,228,000, to remain available 
     until September 30, 2010.

         Research, Development, Test and Evaluation, Air Force

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Air Force'', $72,041,000, to remain available 
     until September 30, 2010.

        Research, Development, Test and Evaluation, Defense-Wide

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Defense-Wide'', $202,559,000, to remain 
     available until September 30, 2010.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

       For an additional amount for ``Defense Health Program'', 
     $1,100,000,000 for operation and maintenance.

         Drug Interdiction and Counter-Drug Activities, Defense


                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for ``Drug Interdiction and 
     Counter-Drug Activities, Defense'', $188,000,000.

             Joint Improvised Explosive Device Defeat Fund


                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for ``Joint Improvised Explosive 
     Device Defeat Fund'', $2,000,000,000, to remain available 
     until September 30, 2011: 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 amounts provided under this heading shall be 
     submitted to the congressional defense committees: Provided 
     further, That the Secretary of Defense shall submit a report 
     not later than 60 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 the Fund: 
     Provided further, That the Secretary of Defense may transfer 
     funds provided herein to appropriations for 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 the Secretary of Defense shall, not fewer than 
     15 days prior to making transfers from this appropriation, 
     notify the congressional defense committees in writing of the 
     details of any such transfer.

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 11201. Appropriations provided in this chapter are not 
     available for obligation until October 1, 2008.
       Sec. 11202. Appropriations provided in this chapter are 
     available for obligation until September 30, 2009, unless 
     otherwise provided in this chapter.


                     (INCLUDING TRANSFER OF FUNDS)

       Sec. 11203. 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 chapter: 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 and is subject to the same terms and 
     conditions as the authority provided in section 8005 of 
     Public Law 110-116, except for the fourth proviso.
       Sec. 11204. (a) Not later than December 5, 2008 and every 
     90 days thereafter through the end of fiscal year 2009, 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) The 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) In specific, the report requires, 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, trends relating to numbers and types of 
     ethnic and religious-based hostile encounters, and progress 
     made in the transition of responsibility for the security of 
     Iraqi provinces to the Iraqi Security Forces under the 
     Provincial Iraqi Control (PIC) process.
       (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--

[[Page 10484]]

       (i) unemployment levels;
       (ii) electricity, water, and oil production rates; and
       (iii) hunger and poverty levels.
       (F) The most recent annual budget for the Government of 
     Iraq, including a description of amounts budgeted for support 
     of Iraqi security and police forces and an assessment of how 
     planned funding will impact the training, equipping and 
     overall readiness of those forces.
       (G) 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 Iraq battalions that are--
       (i) capable of conducting counterinsurgency operations 
     independently without any support from Coalition Forces;
       (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 amount and type of support provided by Coalition 
     Forces to the Iraqi Security Forces at each level of 
     operational readiness.
       (E) The number of Iraqi battalions in the Iraqi Army 
     currently conducting operations and the type of operations 
     being conducted.
       (F) The rates of absenteeism in the Iraqi military forces 
     and the extent to which insurgents have infiltrated such 
     forces.
       (G) The training provided Iraqi police and other Ministry 
     of Interior forces and the equipment used by such forces.
       (H) The level and effectiveness of the Iraqi Security 
     Forces under the Ministry of Defense in provinces where the 
     United States has formally transferred responsibility for the 
     security of the province to the Iraqi Security Forces under 
     the Provincial Iraqi Control (PIC) process.
       (I) 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;
       (v) attrition rates and measures of absenteeism and 
     infiltration by insurgents; and
       (vi) the level and effectiveness of the Iraqi Police and 
     other Ministry of Interior Forces in provinces where the 
     United States has formally transferred responsibility for the 
     security of the province to the Iraqi Security Forces under 
     the Provincial Iraqi Control (PIC) process.
       (J) 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.
       (K) The effectiveness of the Iraqi military and police 
     officer cadres and the chain of command.
       (L) The number of United States and coalition advisors 
     needed to support the Iraqi security forces and associated 
     ministries.
       (M) An assessment, in a classified annex if necessary, of 
     United States military requirements, including planned force 
     rotations, through the end of calendar year 2009.
       Sec. 11205. (a) Report by Secretary of Defense.--Not later 
     than 30 days after the date of the enactment of this Act, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report that contains individual 
     transition readiness assessments by unit of Iraq and Afghan 
     security forces. The Secretary of Defense shall submit to the 
     congressional defense committees updates of the report 
     required by this subsection every 90 days after the date of 
     the submission of the report until October 1, 2009. The 
     report and updates of the report required by this subsection 
     shall be submitted in classified form.
       (b) Report by OMB.--
       (1) The Director of the Office of Management and Budget, in 
     consultation with the Secretary of Defense; the Commander, 
     Multi-National Security Transition Command--Iraq; and the 
     Commander, Combined Security Transition Command--Afghanistan, 
     shall submit to the congressional defense committees not 
     later than 120 days after the date of the enactment of this 
     Act and every 90 days thereafter a report on the proposed use 
     of all funds under each of the headings ``Iraq Security 
     Forces Fund'' and ``Afghanistan Security Forces Fund'' on a 
     project-by-project basis, for which the obligation of funds 
     is anticipated during the 3-month period from such date, 
     including estimates by the commanders referred to in this 
     paragraph of the costs required to complete each such 
     project.
       (2) The report required by this subsection shall include 
     the following:
       (A) The use of all funds on a project-by-project basis for 
     which funds appropriated under the headings referred to in 
     paragraph (1) were obligated prior to the submission of the 
     report, including estimates by the commanders referred to in 
     paragraph (1) of the costs to complete each project.
       (B) The use of all funds on a project-by-project basis for 
     which funds were appropriated under the headings referred to 
     in paragraph (1) in prior appropriations Acts, or for which 
     funds were made available by transfer, reprogramming, or 
     allocation from other headings in prior appropriations Acts, 
     including estimates by the commanders referred to in 
     paragraph (1) of the costs to complete each project.
       (C) An estimated total cost to train and equip the Iraq and 
     Afghan security forces, disaggregated by major program and 
     sub-elements by force, arrayed by fiscal year.
       (c) Notification.--The Secretary of Defense shall 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''.
       Sec. 11206. Funds available to the Department of Defense 
     for operation and maintenance provided in this chapter 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. 11207. Supervision and administration costs associated 
     with a construction project funded with appropriations 
     available for operation and maintenance, ``Afghanistan 
     Security Forces Fund'' or ``Iraq Security Forces Fund'' 
     provided in this chapter, and executed in direct support of 
     the Global War on Terrorism only in Iraq and Afghanistan, 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.


                     (INCLUDING TRANSFER OF FUNDS)

       Sec. 11208. (a) Notwithstanding any other provision of law, 
     and in addition to amounts otherwise made available by this 
     Act, there is appropriated $1,700,000,000 for the ``Mine 
     Resistant Ambush Protected Vehicle Fund'', to remain 
     available until September 30, 2009.
       (b) The funds provided by subsection (a) shall be available 
     to the Secretary of Defense to continue technological 
     research and development and upgrades, to procure Mine 
     Resistant Ambush Protected vehicles and associated support 
     equipment, and to sustain, transport, and field Mine 
     Resistant Ambush Protected vehicles.
       (c)(1) The Secretary of Defense shall transfer funds 
     provided by subsection (a) to appropriations for operation 
     and maintenance; procurement; and research, development, test 
     and evaluation to accomplish the purposes specified in 
     subsection (b). Such transferred funds shall be merged with 
     and be available for the same purposes and for the same time 
     period as the appropriation to which they are transferred.
       (2) The transfer authority provided by this subsection 
     shall be in addition to any other transfer authority 
     available to the Department of Defense.
       (3) The Secretary of Defense shall, not less than 15 days 
     prior to making any transfer under this subsection, notify 
     the congressional defense committees in writing of the 
     details of the transfer.
       Sec. 11209. For the purposes of this Act, the term 
     ``congressional defense committees'' means the Armed Services 
     Committee of the House of Representatives, the Armed Services 
     Committee of the Senate, the Subcommittee on Defense of the 
     Committee on Appropriations of the Senate, and the 
     Subcommittee on Defense of the Committee on Appropriations of 
     the House of Representatives.

                               CHAPTER 3

                     GENERAL PROVISIONS--THIS TITLE

       Sec. 11301. Each amount in this title 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.

[[Page 10485]]

       Sec. 11302. Funds appropriated by this title, or made 
     available by the transfer of funds in this title, for 
     intelligence activities are deemed to be specifically 
     authorized by the Congress for purposes of section 504(a)(1) 
     of the National Security Act of 1947 (50 U.S.C. 414(a)(1)).
       Sec. 11303. None of the funds made available in this Act 
     may be used in contravention of the following laws enacted or 
     regulations promulgated to implement the United Nations 
     Convention Against Torture and Other Cruel, Inhuman or 
     Degrading Treatment or Punishment (done at New York on 
     December 10, 1984):
       (1) Section 2340A of title 18, United States Code;
       (2) Section 2242 of the Foreign Affairs Reform and 
     Restructuring Act of 1998 (division G of Public Law 105-277; 
     112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations 
     prescribed thereto, including regulations under part 208 of 
     title 8, Code of Federal Regulations, and part 95 of title 
     22, Code of Federal Regulations; and
       (3) Sections 1002 and 1003 of the Department of Defense, 
     Emergency Supplemental Appropriations to Address Hurricanes 
     in the Gulf of Mexico, and Pandemic Influenza Act, 2006 
     (Public Law 109-148).
       Sec. 11304. (a) Report Required.--Not later than 120 days 
     after the date of the enactment of this Act, the Secretary of 
     Defense, the Secretary of State, and the Secretary of 
     Homeland Security, in coordination with the Chairman of the 
     Joint Chiefs of Staff and the Director of National 
     Intelligence, shall jointly submit to Congress a report 
     setting forth the global strategy of the United States to 
     combat and defeat al Qaeda and its affiliates.
       (b) Elements of Strategy.--The strategy set forth in the 
     report required under subsection (a) shall include the 
     following elements:
       (1) An analysis of the global threat posed by al Qaeda and 
     its affiliates, including an assessment of the relative 
     threat posed in particular regions or countries.
       (2) Recommendations regarding the distribution and 
     deployment of United States military, intelligence, 
     diplomatic, and other assets to meet the relative regional 
     and country-specific threats described in paragraph (1).
       (3) Recommendations to ensure that the global deployment of 
     United States military personnel and equipment best meet the 
     threat identified and described in paragraph (1) and:
       (A) does not undermine the military readiness or homeland 
     security of the United States;
       (B) ensures adequate time between military deployments for 
     rest and training; and
       (C) does not require further extensions of military 
     deployments to the extent practicable.
       (c) Classified Annex.--The report required by subsection 
     (a) shall be submitted in unclassified form, but shall 
     include a classified annex.
       Sec. 11305. None of the funds provided in this title 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. 11306. Section 1002(c)(2) of the National Defense 
     Authorization Act, Fiscal Year 2008 (Public Law 110-181) is 
     amended by striking ``$362,159,000'' and inserting 
     ``$435,259,000''.
       Sec. 11307. None of the funds appropriated or otherwise 
     made available by this title may be obligated or expended to 
     provide award fees to any defense contractor contrary to the 
     provisions of section 814 of the National Defense 
     Authorization Act, Fiscal Year 2007 (Public Law 109-364).


                             (RESCISSIONS)

       Sec. 11308. (a) Of the funds made available for ``Defense 
     Health Program'' in Public Law 110-28, $75,000,000 are 
     rescinded.
       (b) Of the funds made available for ``Joint Improvised 
     Explosive Device Defeat Fund'' in division L of the 
     Consolidated Appropriations Act, 2008 (Public Law 110-161), 
     $71,531,000 are rescinded.
       Sec. 11309. Of the funds appropriated in the U.S. Troop 
     Readiness, Veterans' Care, Katrina Recovery, and Iraq 
     Accountability Appropriations Act, 2007 (Public Law 110-28) 
     which remain available for obligation under the ``Iraq 
     Freedom Fund'', $150,000,000 is only for the Joint Rapid 
     Acquisition Cell, and $10,000,000 is only for the 
     transportation of fallen service members.
       Sec. 11310. None of the funds available to the Department 
     of Defense may be obligated or expended to implement any 
     final action on joint basing initiatives required under the 
     2005 round of defense base closure and realignment under the 
     Defense Base Closure and Realignment Act of 1990 (part A of 
     title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) until 
     each affected Secretary of a military department or the head 
     of each affected Federal agency certifies to the 
     congressional defense committees that joint basing at the 
     affected military installation will result in significant 
     costs savings and will not negatively impact the morale of 
     members of the Armed Forces.
       Sec. 11311. Funds available in this title which are 
     available to the Department of Defense for operation and 
     maintenance may be used to purchase items having an 
     investment unit cost of not more than $250,000: Provided, 
     That upon determination by the Secretary of Defense that such 
     action is necessary to meet the operational requirements of a 
     Commander of a Combatant Command engaged in contingency 
     operations overseas, such funds may be used to purchase items 
     having an investment item unit cost of not more than 
     $500,000.

                               TITLE XII

                  POLICY REGARDING OPERATIONS IN IRAQ


         units deployed for combat to be fully mission capable

       Sec. 12001.  (a) The Congress finds that it is the policy 
     of the Department of Defense that units should not be 
     deployed for combat unless they are rated ``fully mission 
     capable''.
       (b) None of the funds made available by this Act may be 
     used to deploy any unit of the Armed Forces to Iraq unless 
     the President has certified in writing to the Committees on 
     Appropriations and the Committees on Armed Services of the 
     House of Representatives and the Senate at least 15 days in 
     advance of the deployment that the unit is fully mission 
     capable in advance of entry into Iraq.
       (c) For purposes of subsection (b), the term ``fully 
     mission capable'' means capable of performing assigned 
     mission essential tasks to the prescribed standards under the 
     conditions expected in the theater of operation, consistent 
     with the guidelines set forth in the DoD Directive 7730.65, 
     Subject: Department of Defense Readiness Reporting System; 
     the Interim Force Allocation Guidance to the Global Force 
     Management Board, dated February 6, 2008; and Army Regulation 
     220-1, Subject: Unit Status Reporting, dated December 19, 
     2006.
       (d) The President, by certifying in writing to the 
     Committees on Appropriations and the Committees on Armed 
     Services of the House of Representatives and the Senate that 
     the deployment to Iraq of a unit that is not assessed mission 
     capable is required for reasons of national security and by 
     submitting along with the certification a report in 
     classified and unclassified form detailing the particular 
     reason or reasons why the unit's deployment is necessary 
     despite the unit commander's assessment that the unit is not 
     mission capable, may waive the limitations prescribed in 
     subsection (b) on a unit-by-unit basis.


                    time limit on combat deployments

       Sec. 12002.  (a) The Congress finds that it is the policy 
     of the Department of Defense that Army, Army Reserve, and 
     National Guard units should not be deployed for combat beyond 
     365 days or that Marine Corps and Marine Corps Reserve units 
     should not be deployed for combat beyond 210 days.
       (b) None of the funds made available in this or any other 
     Act may be obligated or expended to initiate the development 
     of, continue the development of, or execute any order that 
     has the effect of extending the deployment for Operation 
     Iraqi Freedom of--
       (1) any unit of the Army, Army Reserve, or Army National 
     Guard beyond 365 days; or
       (2) any unit of the Marine Corps or Marine Corps Reserve 
     beyond 210 days.
       (c) The limitation prescribed in subsection (b) shall not 
     be construed to require force levels in Iraq to be decreased 
     below the total United States force levels in Iraq as of 
     January 9, 2007.
       (d) The President may waive the limitations prescribed in 
     subsection (b) on a unit-by-unit basis if the President 
     certifies in writing to the Committees on Appropriations and 
     the Committees on Armed Services of the House of 
     Representatives and the Senate that the extension of a unit's 
     deployment in Iraq beyond the period applicable to the unit 
     under such subsection is required for reasons of national 
     security. The certification shall include a report, in 
     classified and unclassified form, detailing the particular 
     reason or reasons why the unit's extended deployment is 
     necessary.


                 dwell time between combat deployments

       Sec. 12003.  (a) The Congress finds that it is the policy 
     of the Department of Defense that an Army, Army Reserve, or 
     National Guard unit should not be redeployed for combat if 
     the unit has been deployed within the previous 365 
     consecutive days and that a Marine Corps or Marine Corps 
     Reserve unit should not be redeployed for combat if the unit 
     has been deployed within the previous 210 days.
       (b) None of the funds made available in this or any other 
     Act may be obligated or expended to initiate the development 
     of, continue the development of, or execute any order that 
     has the effect of deploying for Operation Iraqi Freedom of--
       (1) any unit of the Army, Army Reserve, or Army National 
     Guard if such unit has been deployed within the previous 365 
     consecutive days; or
       (2) any unit of the Marine Corps or Marine Corps Reserve if 
     such unit has been deployed within the previous 210 
     consecutive days.
       (c) The limitation prescribed in subsection (b) shall not 
     be construed to require force levels in Iraq to be decreased 
     below the total

[[Page 10486]]

     United States force levels in Iraq as of January 9, 2007.
       (d) The President may waive the limitations prescribed in 
     subsection (b) on a unit-by-unit basis if the President 
     certifies in writing to the Committees on Appropriations and 
     the Committees on Armed Services of the House of 
     Representatives and the Senate that the redeployment of a 
     unit to Iraq in advance of the expiration of the period 
     applicable to the unit under such subsection is required for 
     reasons of national security. The certification shall include 
     a report, in classified and unclassified form, detailing the 
     particular reason or reasons why the unit's early 
     redeployment is necessary.


                 prohibition of permanent bases in iraq

       Sec. 12004.  None of the funds appropriated or otherwise 
     made available in this or any other Act may be obligated or 
     expended by the United States Government for a purpose as 
     follows:
       (1) To establish any military installation or base for the 
     purpose of providing for the permanent stationing of United 
     States Armed Forces in Iraq.
       (2) To exercise United States control over any oil resource 
     of Iraq.


       transition of the mission of united states forces in iraq

       Sec. 12005. It is the sense of Congress that the missions 
     of the United States Armed Forces in Iraq should be 
     transitioned to counterterrorism operations; training, 
     equipping and supporting Iraqi forces; and force protection, 
     with the goal of completing that transition by June 2009.


      limitation on defense agreements with the government of iraq

       Sec. 12006. None of the funds appropriated or otherwise 
     made available by this Act or any other Act shall be 
     available for the implementation of any agreement between the 
     United States and the Republic of Iraq containing a security 
     commitment, arrangement, or assurance unless the agreement 
     has entered into force in the form of a Treaty under section 
     2, clause 2 of Article II of the Constitution of the United 
     States or has been authorized by a law enacted pursuant to 
     section 7, clause 2 of Article I of the Constitution of the 
     United States.


  prohibition on agreements subjecting armed forces to iraqi criminal 
                              jurisdiction

       Sec. 12007. None of the funds made available in this or any 
     other Act may be used to negotiate, enter into, or implement 
     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.


                         report on iraq budget

       Sec. 12008. As part of the report required by section 609 
     of division L of the Consolidated Appropriations Act, 2008 
     (Public Law 110-161), the Secretary of Defense shall submit 
     to Congress a report on the most recent annual budget for the 
     Government of Iraq, including--
       (1) a description of amounts budgeted for support of Iraqi 
     security and police forces and an assessment of how planned 
     funding will impact the training, equipping and overall 
     readiness of those forces;
       (2) an assessment of the capacity of the Government of Iraq 
     to implement the budget as planned, including reports on 
     year-to-year spend rates, if available; and
       (3) a description of any budget surplus or deficit, if 
     applicable.


             partial reimbursement from iraq for fuel costs

       Sec. 12009. (a) Not more than 20 percent of the funds made 
     available in this Act under the heading ``Operation and 
     Maintenance, Defense-Wide'' for the Office of the Secretary 
     of Defense or Washington Headquarters Services may be 
     obligated or expended unless and until the agreement 
     described in subsection (b)(1) is complete and the report 
     required by subsection (b)(2) has been transmitted to 
     Congress, except that the limitation in this subsection may 
     be waived if the President determines and certifies to the 
     Committees on Appropriations of the House of Representatives 
     and Senate that such waiver is in the national security 
     interests of the United States.
       (b) Not later than 90 days after enactment of this Act, the 
     President shall--
       (1) complete an agreement with the Government of Iraq to 
     subsidize fuel costs for United States Armed Forces operating 
     in Iraq so the price of fuel per gallon to those forces is 
     equal to the discounted price per gallon at which the 
     Government of Iraq is providing fuel for domestic Iraqi 
     consumption; and
       (2) transmit a report to the House and Senate Committees on 
     Appropriations on the details and terms of that agreement.
       (c) Amounts received from the Government of Iraq under an 
     agreement described in subsection (b)(1) shall be credited to 
     the appropriations or funds that incurred obligations for the 
     fuel costs being subsidized, as determined by the Secretary 
     of Defense.


                    prohibition on war profiteering

       Sec. 12010. (a) Prohibition on War Profiteering.--
       (1) In general.--Chapter 47 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1041. War profiteering and fraud

       ``(a) Prohibition.--Whoever, in any matter involving a 
     contract with, or the provision of goods or services to, the 
     United States or a provisional authority, in connection with 
     a mission of the United States Government overseas, 
     knowingly--
       ``(1)(A) executes or attempts to execute a scheme or 
     artifice to defraud the United States or that authority; or
       ``(B) materially overvalues any good or service with the 
     intent to defraud the United States or that authority;
     shall be fined not more than $1,000,000 or imprisoned not 
     more than 20 years, or both; or
       ``(2) in connection with the contract or the provision of 
     those goods or services--
       ``(A) falsifies, conceals, or covers up by any trick, 
     scheme, or device a material fact;
       ``(B) makes any materially false, fictitious, or fraudulent 
     statements or representations; or
       ``(C) makes or uses any materially false writing or 
     document knowing the same to contain any materially false, 
     fictitious, or fraudulent statement or entry;
     shall be fined not more than $1,000,000 or imprisoned not 
     more than 10 years, or both.
       ``(b) Extraterritorial Jurisdiction.--There is 
     extraterritorial Federal jurisdiction over an offense under 
     this section.
       ``(c) Venue.--A prosecution for an offense under this 
     section may be brought--
       ``(1) as authorized by chapter 211 of this title;
       ``(2) in any district where any act in furtherance of the 
     offense took place; or
       ``(3) in any district where any party to the contract or 
     provider of goods or services is located.''.
       (2) Table of sections.--The table of sections for chapter 
     47 of such title is amended by adding at the end the 
     following:
``1041. War profiteering and fraud.''.
       (b) Criminal Forfeiture.--Section 982(a)(2)(B) of title 18, 
     United States Code, is amended by striking ``or 1030'' and 
     inserting ``1030, or 1041''.
       (c) Money Laundering.--Section 1956(c)(7)(D) of title 18, 
     United States Code, is amended by inserting ``section 1041 
     (relating to war profiteering and fraud),'' after 
     ``liquidating agent of financial institution),''.
       (d) RICO.--Section 1961(1) of title 18, United States Code, 
     is amended by inserting ``section 1041 (relating to war 
     profiteering and fraud),'' after ``in connection with access 
     devices),''.


         wartime contract fraud statute on limitation extension

       Sec. 12011. Section 3287 of title 18, United States Code, 
     is amended--
       (1) by inserting ``or Congress has enacted a specific 
     authorization for the use of the Armed Forces, as described 
     in section 5(b) of the War Powers Resolution (50 U.S.C. 
     1544(b)),'' after ``is at war'';
       (2) by inserting ``or directly connected with or related to 
     the authorized use of the Armed Forces'' after ``prosecution 
     of the war'';
       (3) by striking ``three years'' and inserting ``5 years'';
       (4) by striking ``proclaimed by the President'' and 
     inserting ``proclaimed by a Presidential proclamation, with 
     notice to Congress,''; and
       (5) by adding at the end the following: ``For purposes of 
     applying such definitions in this section, the term `war' 
     includes a specific authorization for the use of the Armed 
     Forces, as described in section 5(b) of the War Powers 
     Resolution (50 U.S.C. 1544(b)).''.


 CONTRIBUTIONS BY THE GOVERNMENT OF IRAQ TO LARGE-SCALE INFRASTRUCTURE 
      PROJECTS, COMBINED OPERATIONS, AND OTHER ACTIVITIES IN IRAQ

       Sec. 12012. (a) Large-Scale Infrastructure Projects.--
       (1) Limitation on availability of united states funds for 
     projects.--Amounts appropriated by this Act for the 
     Department of Defense for United States assistance (other 
     than amounts described in paragraph (3)) may not be obligated 
     or expended for any large-scale infrastructure project in 
     Iraq that is commenced after the date of the enactment of 
     this Act.
       (2) Funding of reconstruction projects by the government of 
     iraq.--The Secretary of Defense shall work with the 
     Government of Iraq to provide that the Government of Iraq 
     shall obligate and expend funds of the Government of Iraq for 
     reconstruction projects in Iraq that are not large-scale 
     infrastructure projects before obligating and expending funds 
     appropriated by this Act for the Department of Defense (other 
     than amounts described in paragraph (3)) for such projects.
       (3) Exception for cerp.--The limitations in paragraphs (1) 
     and (2) do not apply to amounts appropriated by this Act for 
     the Commanders' Emergency Response Program (CERP).
       (4) Large-scale infrastructure project defined.--In this 
     subsection, the term ``large-scale infrastructure project'' 
     means any construction project for infrastructure in Iraq 
     that is estimated by the United States Government at the time 
     of the commencement of the project to cost at least 
     $2,000,000.

[[Page 10487]]

       (b) Combined Operations.--
       (1) In general.--The Secretary of Defense shall initiate 
     negotiations with the Government of Iraq on an agreement 
     under which the Government of Iraq shall share with the 
     United States Government the costs of combined operations of 
     the Government of Iraq and the Multinational Forces Iraq 
     undertaken as part of Operation Iraqi Freedom.
       (2) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to Congress a report describing the status of negotiations 
     under paragraph (1).
       (c) Iraqi Security Forces.--
       (1) In general.--The United States Government shall take 
     actions to ensure that Iraq funds are used to pay the 
     following:
       (A) The costs of the salaries, training, equipping, and 
     sustainment of Iraqi Security Forces.
       (B) The costs associated with the Sons of Iraq.
       (2) Reports.--Not later than 90 days after the date of the 
     enactment of this Act, the President shall submit to Congress 
     a report setting forth an assessment of the progress made in 
     meeting the requirements of paragraph (1).


                     NOTIFICATION OF THE RED CROSS

       Sec. 12013. (a) Requirement.--None of the funds 
     appropriated by this or any other Act may be used to detain 
     any individual who is in the custody or under the effective 
     control of an element of the intelligence community (as that 
     term is defined in section 3 of the National Security Act of 
     1947 (50 U.S.C. 401a)) or an instrumentality of such element 
     if the International Committee of the Red Cross is not 
     provided notification of the detention of such individual and 
     access to such individual in a manner consistent with the 
     practices of the Armed Forces.
       (b) Construction.--Nothing in this subsection shall be 
     construed--
       (1) to create or otherwise imply the authority to detain; 
     or
       (2) to limit or otherwise affect any other rights or 
     obligations which may arise under the Geneva Conventions or 
     other laws, or to state all of the situations under which 
     notification to and access for the International Committee of 
     the Red Cross is required or allowed.
       (c) Instrumentality Defined.--In this section, the term 
     ``instrumentality'', with respect to an element of the 
     intelligence community, means a contractor or subcontractor 
     at any tier of the element of the intelligence community.
       Sec. 12014. (a) Of the amount appropriated or otherwise 
     made available by the Act for the Department of Defense, up 
     to $3,000,000 shall be available to a Federally Funded 
     Research and Development Center (FFRDC) to conduct an 
     examination and analysis of the feasibility and mechanics of 
     implementing a safe and orderly phased redeployment of United 
     States military forces from Iraq over a 12-month time period 
     and an 18-month time period. The examination and analysis of 
     a safe and orderly phased redeployment pursuant to this 
     subsection shall (1) assume a scenario in which 40,000 United 
     States military forces remain in Iraq for the purpose of 
     protecting United States and coalition personnel and 
     infrastructure, training and equipping Iraqi forces, and 
     conducting targeted counterterrorism operations and (2) 
     assume a scenario in which 100,000 United States military 
     forces remains in Iraq for such purpose.
       (b) Not later than 180 days after the date of the enactment 
     of this Act the FFRDC shall provide the analysis and 
     examination developed pursuant to subsection (a) to the 
     Secretary of Defense. The Secretary shall submit the analysis 
     and examination to the congressional defense committees in 
     classified form, and shall include an unclassified summary of 
     key judgments.

       TITLE XIII--MILITARY EXTRATERRITORIAL JURISDICTION MATTERS

     SEC. 13001. SHORT TITLE.

       This title may be cited as the ``MEJA Expansion and 
     Enforcement Act of 2008''.

     SEC. 13002. LEGAL STATUS OF CONTRACT PERSONNEL.

       (a) Clarification of Military Extraterritorial Jurisdiction 
     Act.--
       (1) Inclusion of federal employees and contractors.--
     Section 3261(a) of title 18, United States Code, is amended--
       (A) in paragraph (1), by striking ``or'' at the end;
       (B) in paragraph (2), by striking the comma at the end and 
     inserting a semicolon; and
       (C) by inserting after paragraph (2) the following new 
     paragraphs:
       ``(3) while employed by any Department or agency of the 
     United States other than the Armed Forces in a foreign 
     country in which the Armed Forces are conducting a qualifying 
     military operation; or
       ``(4) while employed as a security officer or security 
     contractor by any Department or agency of the United States 
     other than the Armed Forces,''.
       (2) Definitions.--Section 3267 of title 18, United States 
     Code, is amended--
       (A) in paragraph (1), by striking subparagraph (A) and 
     inserting the following new subparagraph:
       ``(A) employed by or performing services under a contract 
     with or grant from the Department of Defense (including a 
     nonappropriated fund instrumentality of the Department) as--
       ``(i) a civilian employee (including an employee from any 
     other Executive agency on temporary assignment to the 
     Department of Defense);
       ``(ii) a contractor (including a subcontractor at any 
     tier); or
       ``(iii) an employee of a contractor (including a 
     subcontractor at any tier);''; and
       (B) by adding at the end the following new paragraphs:
       ``(5) The term `employed by any Department or agency of the 
     United States other than the Armed Forces' means--
       ``(A) employed by or performing services under a contract 
     with or grant from any Department or agency of the United 
     States, or any provisional authority funded in whole or 
     substantial part or created by the United States Government, 
     other than the Department of Defense as--
       ``(i) a civilian employee;
       ``(ii) a contractor (including a subcontractor at any 
     tier); or
       ``(iii) an employee of a contractor (including a 
     subcontractor at any tier);
       ``(B) present or residing outside the United States in 
     connection with such employment; and
       ``(C) not a national of or ordinarily a resident in the 
     host nation.
       ``(6) The term `employed as a security officer or security 
     contractor by any Department or agency of the United States 
     other than the Armed Forces' means--
       ``(A) employed by or performing services under a contract 
     with or grant from any Department or agency of the United 
     States, or any provisional authority funded in whole or 
     substantial part or created by the United States Government, 
     other than the Department of Defense as--
       ``(i) a civilian employee;
       ``(ii) a contractor (including a subcontractor at any 
     tier); or
       ``(iii) an employee of a contractor (including a 
     subcontractor at any tier);
       ``(B) authorized in the course of such employment--
       ``(i) to provide physical protection to or security for 
     persons, places, buildings, facilities, supplies, or means of 
     transportation;
       ``(ii) to carry or possess a firearm or dangerous weapon, 
     as defined by section 930(g)(2) of this title;
       ``(iii) to use force against another; or
       ``(iv) to supervise individuals performing the activities 
     described in clause (i), (ii) or (iii);
       ``(C) present or residing outside the United States in 
     connection with such employment; and
       ``(D) not a national of or ordinarily resident in the host 
     nation.
       ``(7) The term `qualifying military operation' means--
       ``(A) a military operation covered by a declaration of war 
     or an authorization of the use of military force by Congress;
       ``(B) a contingency operation (as defined in section 101 of 
     title 10); or
       ``(C) any other military operation outside of the United 
     States, including a humanitarian assistance or peace keeping 
     operation, provided such operation is conducted pursuant to 
     an order from or approved by the Secretary of Defense.''.
       (b) Department of Justice Inspector General Report.--
       (1) Report required.--Not later than 180 days after the 
     date of the enactment of this Act, the Inspector General of 
     the Department of Justice, in consultation with the 
     Inspectors General of the Department of Defense, the 
     Department of State, the United States Agency for 
     International Development, the Department of Agriculture, the 
     Department of Energy, and other appropriate Federal 
     departments and agencies, shall submit to Congress a report 
     in accordance with this subsection.
       (2) Content of report.--The report under paragraph (1) 
     shall include, for the period beginning on October 1, 2001, 
     and ending on the date of the report--
       (A) unless the description pertains to non-public 
     information that relates to an ongoing investigation or 
     criminal or civil proceeding under seal, a description of any 
     alleged violations of section 3261 of title 18, United States 
     Code, reported to the Inspector Generals identified in 
     paragraph (1) or the Department of Justice, including--
       (i) the date of the complaint and the type of offense 
     alleged;
       (ii) whether any investigation was opened or declined based 
     on the complaint;
       (iii) whether the investigation was closed, and if so, when 
     it was closed;
       (iv) whether a criminal or civil case was filed as a result 
     of the investigation, and if so, when it was filed; and
       (v) any charges or complaints filed in those cases; and
       (B) unless the description pertains to non-public 
     information that relates to an ongoing investigation or 
     criminal or civil proceeding under seal, and with appropriate 
     safeguards for the protection of national security 
     information, a description of any shooting or escalation of 
     force incidents in Iraq or Afghanistan involving alleged 
     misconduct by persons employed as a security officer or 
     security contractor by any Department or agency of the United 
     States, and

[[Page 10488]]

     any official action taken against such persons.
       (3) Form of report.--The report under paragraph (1) shall 
     be submitted in unclassified form, but may contain a 
     classified annex as appropriate.

     SEC. 13003. INVESTIGATIVE UNITS FOR CONTRACTOR OVERSIGHT.

       (a) Establishment of Investigative Units for Contractor 
     Oversight.--
       (1) In general.--The Attorney General, in consultation with 
     the Secretary of Defense, the Secretary of State, the 
     Secretary of Homeland Security, and the heads of any other 
     Federal departments or agencies responsible for employing 
     private security contractors or contractors (or 
     subcontractors at any tier) in a foreign country where the 
     Armed Forces are conducting a qualifying military operation--
       (A) shall assign adequate personnel and resources through 
     the creation of Investigative Units for Contractor Oversight 
     to investigate allegations of criminal violations under 
     paragraphs (3) and (4) of section 3261(a) of title 18, United 
     States Code (as amended by section 13002(a) of this Act); and
       (B) may authorize the overseas deployment of law 
     enforcement agents and other Department of Justice personnel 
     for that purpose.
       (2) Rule of construction.--Nothing in this subsection shall 
     limit any existing authority of the Attorney General or any 
     Federal law enforcement agency to investigate violations of 
     Federal law or deploy personnel overseas.
       (b) Referral for Prosecution.--Upon conclusion of an 
     investigation of an alleged violation of sections 3261(a)(3) 
     and 3261(a)(4) of title 18, United States Code, an 
     Investigative Unit for Contractor Oversight may refer the 
     matter to the Attorney General for further action, as 
     appropriate in the discretion of the Attorney General.
       (c) Responsibilities of the Attorney General.--
       (1) Investigation.--The Attorney General shall have the 
     principal authority for the enforcement of sections 
     3261(a)(3) and 3261(a)(4) of title 18, United States Code, 
     and shall have the authority to initiate, conduct, and 
     supervise investigations of any alleged violations of such 
     sections 3261(a)(3) and 3261(a)(4).
       (2) Assistance on request of the attorney general.--
     Notwithstanding any statute, rule, or regulation to the 
     contrary, the Attorney General may request assistance from 
     the Secretary of Defense, the Secretary of State, or the head 
     of any other Executive agency to enforce this title. This 
     requested assistance may include the assignment of additional 
     personnel and resources to an Investigative Unit for 
     Contractor Oversight established by the Attorney General 
     under subsection (a).
       (3) Annual report.--Not later than one year after the date 
     of enactment of this Act, and annually thereafter, the 
     Attorney General, in consultation with the Secretary of 
     Defense and the Secretary of State, shall submit to Congress 
     a report containing--
       (A) the number of violations of sections 3261(a)(3) and 
     3261(a)(4) of title 18, United States Code, received, 
     investigated, and referred for prosecution by Federal law 
     enforcement authorities during the previous year;
       (B) the number and location of Investigative Units for 
     Contractor Oversight deployed to investigate violations of 
     such sections 3261(a)(3) and 3261(a)(4) during the previous 
     year; and
       (C) any recommended changes to Federal law that the 
     Attorney General considers necessary to enforce this title 
     and the amendments made by this title and chapter 212 of 
     title 18, United States Code.

     SEC. 13004. REMOVAL PROCEDURES FOR NON-DEPARTMENT OF DEFENSE 
                   EMPLOYEES AND CONTRACTORS.

       (a) Attorney General Regulations.--Section 3266 of title 
     18, United States Code, is amended by adding at the end the 
     following:
       ``(d) The Attorney General, after consultation with the 
     Secretary of Defense, the Secretary of State, and the 
     Director of National Intelligence, may prescribe regulations 
     governing the investigation, apprehension, detention, 
     delivery, and removal of persons described in sections 
     3261(a)(3) and 3261(a)(4) and describing the notice due, if 
     any, foreign nationals potentially subject to the criminal 
     jurisdiction of the United States under those sections.''.
       (b) Clarifying and Conforming Amendments.--
       (1) In general.--Chapter 212 of title 18, United States 
     Code, is amended--
       (A) in section 3262--
       (i) in subsection (a), by striking ``section 3261(a)'' the 
     first place it appears and inserting ``section 3261(a)(1) or 
     3261(a)(2)'';
       (ii) by redesignating subsection (b) as subsection (c); and
       (iii) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) The Attorney General may designate and authorize any 
     person serving in a law enforcement position in the 
     Department of Justice, the Department of Defense, the 
     Department State, or any other Executive agency to arrest, in 
     accordance with applicable international agreements, outside 
     the United States any person described in section 3261(a) if 
     there is probable cause to believe that such person violated 
     section 3261(a).'';
       (B) in section 3263(a), by striking ``section 3261(a)'' the 
     first place it appears and inserting ``section 3261(a)(1) or 
     3261(a)(2)'';
       (C) in section 3264(a), by inserting ``described in section 
     3261(a)(1) or 3261(a)(2)'' before ``arrested'';
       (D) section 3265(a)(1) by inserting ``described in section 
     3261(a)(1) or 3261(a)(2)'' before ``arrested''; and
       (E) in section 3266(a), by striking ``under this chapter'' 
     and inserting ``described in section 3261(a)(1) or 
     3261(a)(2)''.
       (2) Additional amendment.--Section 7(9) of title 18, United 
     States Code, is amended by striking ``section 3261(a)'' and 
     inserting ``section 3261(a)(1) or 3261(a)(2)''.

     SEC. 13005. EXISTING EXTRATERRITORIAL JURISDICTION.

       Nothing in this title or the amendments made by this title 
     shall be construed to limit or affect the extraterritorial 
     jurisdiction related to any Federal statute not amended by 
     this title.

     SEC. 13006. DEFINITION.

       For purposes of this title and the amendments made by this 
     title, the term ``Executive agency'' has the meaning given in 
     section 105 of title 5, United States Code.

     SEC. 13007. EFFECTIVE DATE.

       (a) Immediate Effectiveness.--The provisions of this title 
     shall enter into effect immediately upon the enactment of 
     this Act.
       (b) Implementation.--The Attorney General and the head of 
     any other Federal department or agency to which this title 
     applies shall have 90 days after the date of the enactment of 
     this Act to ensure compliance with the provisions of this 
     title.
                                 F_____
                                 
  SA 4818. Mr. REID proposed an amendment to the amendment of the House 
numbered 1 to the amendment of the Senate to the bill H.R. 2642, making 
appropriations for military construction, the Department of Veterans 
Affairs, and related agencies for the fiscal year ending September 30, 
2008, and for other purposes; as follows:

     In lieu of the language proposed to be inserted, insert the 
         following:

                                TITLE XI

                            DEFENSE MATTERS

                               CHAPTER 1

        DEFENSE SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 2008

                    DEPARTMENT OF DEFENSE--MILITARY

                           MILITARY PERSONNEL

                        Military Personnel, Army

       For an additional amount for ``Military Personnel, Army'', 
     $12,216,715,000.

                        Military Personnel, Navy

       For an additional amount for ``Military Personnel, Navy'', 
     $894,185,000.

                    Military Personnel, Marine Corps

       For an additional amount for ``Military Personnel, Marine 
     Corps'', $1,826,688,000.

                     Military Personnel, Air Force

       For an additional amount for ``Military Personnel, Air 
     Force'', $1,355,544,000.

                        Reserve Personnel, Army

       For an additional amount for ``Reserve Personnel, Army'', 
     $304,200,000.

                        Reserve Personnel, Navy

       For an additional amount for ``Reserve Personnel, Navy'', 
     $72,800,000.

                    Reserve Personnel, Marine Corps

       For an additional amount for ``Reserve Personnel, Marine 
     Corps'', $16,720,000.

                      Reserve Personnel, Air Force

       For an additional amount for ``Reserve Personnel, Air 
     Force'', $5,000,000.

                     National Guard Personnel, Army

       For an additional amount for ``National Guard Personnel, 
     Army'', $1,369,747,000.

                  National Guard Personnel, Air Force

       For an additional amount for ``National Guard Personnel, 
     Air Force'', $4,000,000.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

       For an additional amount for ``Operation and Maintenance, 
     Army'', $17,223,512,000.

                    Operation and Maintenance, Navy


                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for ``Operation and Maintenance, 
     Navy'', $2,977,864,000: Provided, That up to $112,607,000 
     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'', $159,900,000.

                  Operation and Maintenance, Air Force

       For an additional amount for ``Operation and Maintenance, 
     Air Force'', $5,972,520,000.

                Operation and Maintenance, Defense-Wide

       For an additional amount for ``Operation and Maintenance, 
     Defense-Wide'', $3,657,562,000, of which--
       (1) not to exceed $25,000,000 may be used for the Combatant 
     Commander Initiative Fund, to be used in support of Operation 
     Iraqi Freedom and Operation Enduring Freedom;
       (2) not to exceed $800,000,000, to remain available until 
     expended, may be used for payments to reimburse key 
     cooperating nations, for logistical, military, and other 
     support provided to United States military operations, 
     notwithstanding any other provision

[[Page 10489]]

     of law: Provided, That these funds may be used for the 
     purpose of providing specialized training and procuring 
     supplies and specialized equipment and providing such 
     supplies and loaning such equipment on a non-reimbursable 
     basis to coalition forces supporting United States military 
     operations in Iraq and Afghanistan: Provided further, 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: Provided 
     further, That of the amount available under this heading for 
     the Defense Contract Management Agency, $52,000,000 shall 
     remain available until September 30, 2009.

                Operation and Maintenance, Army Reserve

       For an additional amount for ``Operation and Maintenance, 
     Army Reserve'', $164,839,000.

                Operation and Maintenance, Navy Reserve

       For an additional amount for ``Operation and Maintenance, 
     Navy Reserve'', $109,876,000.

            Operation and Maintenance, Marine Corps Reserve

       For an additional amount for ``Operation and Maintenance, 
     Marine Corps Reserve'', $70,256,000.

              Operation and Maintenance, Air Force Reserve

       For an additional amount for ``Operation and Maintenance, 
     Air Force Reserve'', $165,994,000.

             Operation and Maintenance, Army National Guard

       For an additional amount for ``Operation and Maintenance, 
     Army National Guard'', $685,644,000.

             Operation and Maintenance, Air National Guard

       For an additional amount for ``Operation and Maintenance, 
     Air National Guard'', $287,369,000.

                           Iraq Freedom Fund


                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for ``Iraq Freedom Fund'', 
     $50,000,000, to remain available for transfer until September 
     30, 2009, notwithstanding any other provision of law, only 
     for the redevelopment of the Iraqi industrial sector by 
     identifying, and providing assistance to, factories and other 
     industrial facilities that are best situated to resume 
     operations quickly and reemploy the Iraqi workforce: 
     Provided, That the Secretary of Defense shall, not fewer than 
     15 days prior to making transfers from this appropriation, 
     notify the congressional defense committees in writing of the 
     details of any such transfer.

                    Afghanistan Security Forces Fund

       For an additional amount for the ``Afghanistan Security 
     Forces Fund'', $1,400,000,000, to remain available until 
     September 30, 2009.

                       Iraq Security Forces Fund


                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount 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 none of the assistance provided under this heading in 
     the form of funds may be utilized for the provision of 
     salaries, wages, or bonuses to personnel of the Iraqi 
     Security Forces: 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 15 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.

                              PROCUREMENT

                       Aircraft Procurement, Army

       For an additional amount for ``Aircraft Procurement, 
     Army'', $954,111,000, to remain available for obligation 
     until September 30, 2010.

                       Missile Procurement, Army

       For an additional amount for ``Missile Procurement, Army'', 
     $561,656,000, 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'', $5,463,471,000, to remain 
     available for obligation until September 30, 2010.

                    Procurement of Ammunition, Army

       For an additional amount for ``Procurement of Ammunition, 
     Army'', $344,900,000, to remain available for obligation 
     until September 30, 2010.

                        Other Procurement, Army

       For an additional amount for ``Other Procurement, Army'', 
     $16,337,340,000, to remain available for obligation until 
     September 30, 2010.

                       Aircraft Procurement, Navy

       For an additional amount for ``Aircraft Procurement, 
     Navy'', $3,563,254,000, to remain available for obligation 
     until September 30, 2010.

                       Weapons Procurement, Navy

       For an additional amount for ``Weapons Procurement, Navy'', 
     $317,456,000, 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'', 
     $1,399,135,000, to remain available for obligation until 
     September 30, 2010.

                       Procurement, Marine Corps

       For an additional amount for ``Procurement, Marine Corps'', 
     $2,197,390,000, to remain available for obligation until 
     September 30, 2010.

                    Aircraft Procurement, Air Force

       For an additional amount for ``Aircraft Procurement, Air 
     Force'', $7,103,923,000, to remain available for obligation 
     until September 30, 2010.

                     Missile Procurement, Air Force

       For an additional amount for ``Missile Procurement, Air 
     Force'', $66,943,000, to remain available for obligation 
     until September 30, 2010.

                  Procurement of Ammunition, Air Force

       For an additional amount for ``Procurement of Ammunition, 
     Air Force'', $205,455,000, to remain available for obligation 
     until September 30, 2010.

                      Other Procurement, Air Force

       For an additional amount for ``Other Procurement, Air 
     Force'', $1,953,167,000, to remain available for obligation 
     until September 30, 2010.

                       Procurement, Defense-Wide

       For an additional amount for ``Procurement, Defense-Wide'', 
     $408,209,000, to remain available for obligation until 
     September 30, 2010.

                  National Guard and Reserve Equipment

       For an additional amount for ``National Guard and Reserve 
     Equipment'', $825,000,000, to remain available for obligation 
     until September 30, 2010: Provided, That the Chiefs of the 
     National Guard and Reserve components shall, prior to the 
     expenditure of funds, and not later than 30 days after the 
     enactment of this Act, individually submit to the 
     congressional defense committees an equipment modernization 
     priority assessment with a detailed plan for the expenditure 
     of funds for their respective National Guard and Reserve 
     components.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Army'', $162,958,000, to remain available 
     until September 30, 2009.

            Research, Development, Test and Evaluation, Navy

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Navy'',

[[Page 10490]]

     $366,110,000, to remain available until September 30, 2009.

         Research, Development, Test And Evaluation, Air Force

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Air Force'', $399,817,000, to remain 
     available until September 30, 2009.

        Research, Development, Test and Evaluation, Defense-Wide

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Defense-Wide'', $816,598,000, to remain 
     available until September 30, 2009.

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

       For an additional amount for ``Defense Working Capital 
     Funds'', $1,837,450,000, to remain available for obligation 
     until expended.

                     National Defense Sealift Fund

       For an additional amount for ``National Defense Sealift 
     Fund'', $5,110,000, to remain available for obligation until 
     expended.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

       For an additional amount for ``Defense Health Program'', 
     $1,413,864,000, of which $957,064,000 shall be for operation 
     and maintenance; of which $91,900,000 is for procurement, to 
     remain available until September 30, 2010; of which 
     $364,900,000 shall be for research, development, test and 
     evaluation, to remain available until September 30, 2009: 
     Provided, That in addition to amounts otherwise contained in 
     this paragraph, $75,000,000 is hereby appropriated to the 
     ``Defense Health Program'' for operation and maintenance for 
     psychological health and traumatic brain injury, to remain 
     available until September 30, 2009.

         Drug Interdiction and Counter-Drug Activities, Defense


                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for ``Drug Interdiction and 
     Counter-Drug Activities, Defense'', $65,317,000, to remain 
     available until September 30, 2009.

                    Office of the Inspector General

       For an additional amount for ``Office of the Inspector 
     General'', $6,394,000, of which $2,000,000 shall be for 
     research, development, test and evaluation, to remain 
     available until September 30, 2009.

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 11101. Appropriations provided in this chapter are 
     available for obligation until September 30, 2008, unless 
     otherwise provided in this chapter.
       Sec. 11102. Notwithstanding any other provision of law, 
     funds made available in this chapter are in addition to 
     amounts appropriated or otherwise made available for the 
     Department of Defense for fiscal year 2008.


                     (INCLUDING TRANSFER OF FUNDS)

       Sec. 11103. 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 $2,500,000,000 of the funds made available to the 
     Department of Defense in this chapter: 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 and is subject to the same terms and 
     conditions as the authority provided in section 8005 of 
     Public Law 110-116, except for the fourth proviso.
       Sec. 11104. (a) From funds made available for operation and 
     maintenance in this chapter to the Department of Defense, not 
     to exceed $1,226,841,000 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, Afghanistan, and the Philippines to 
     respond to urgent humanitarian relief and reconstruction 
     requirements within their areas of responsibility by carrying 
     out programs that will immediately assist the Iraqi, Afghan, 
     and Filipino people.
       (b) Not later than 15 days after the end of each fiscal 
     year quarter, 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).


                     (INCLUDING TRANSFER OF FUNDS)

       Sec. 11105. During fiscal year 2008, the Secretary of 
     Defense may transfer not to exceed $6,500,000 of the amounts 
     in or credited to the Defense Cooperation Account, pursuant 
     to 10 U.S.C. 2608, to such appropriations or funds of the 
     Department of Defense as the Secretary shall determine for 
     use consistent with the purposes for which such funds were 
     contributed and accepted: Provided, That such amounts shall 
     be available for the same time period as the appropriation to 
     which transferred: Provided further, That the Secretary shall 
     report to the Congress all transfers made pursuant to this 
     authority.
       Sec. 11106. Of the amount appropriated by this chapter 
     under the heading ``Drug Interdiction and Counter-Drug 
     Activities, Defense'', not to exceed $20,000,000 may be used 
     for the provision of support for counter-drug activities of 
     the Governments of Afghanistan, Kazakhstan, Kyrgyzstan, 
     Pakistan, Tajikistan, and Turkmenistan, as specified in 
     section 1033 of the National Defense Authorization Act for 
     Fiscal Year 1998 (Public Law 105-85, as amended by Public 
     Laws 106-398, 108-136, 109-364, and 110-181): Provided, That 
     such support shall be in addition to support provided under 
     any other provision of the law.
       Sec. 11107. Amounts provided in this chapter for operations 
     in Iraq and Afghanistan may be used by the Department of 
     Defense for the purchase of up to 20 heavy and light armored 
     vehicles for force protection purposes, notwithstanding price 
     or other limitations specified elsewhere in the Department of 
     Defense Appropriations Act, 2008 (Public Law 110-116), or any 
     other provision of law: Provided, That notwithstanding any 
     other provision of law, funds provided in Public Law 110-116 
     and Public Law 110-161 under the heading ``Other Procurement, 
     Navy'' may be used for the purchase of 21 vehicles required 
     for physical security of personnel, notwithstanding price 
     limitations applicable to passenger vehicles but not to 
     exceed $255,000 per vehicle: Provided further, That the 
     Secretary of Defense shall submit a report in writing no 
     later than 30 days after the end of each fiscal quarter 
     notifying the congressional defense committees of any 
     purchase described in this section, including cost, purposes, 
     and quantities of vehicles purchased.


                     (INCLUDING TRANSFER OF FUNDS)

       Sec. 11108. Section 8122(c) of Public Law 110-116 is 
     amended by adding at the end the following:
       ``(4) Upon a determination that all or part of the funds 
     transferred under paragraph (1) are not necessary to 
     accomplish the purposes specified in subsection (b), such 
     amounts may be transferred back to the `Mine Resistant Ambush 
     Protected Vehicle Fund'.''.
       Sec. 11109. Notwithstanding any other provision of law, not 
     to exceed $150,000,000 of funds made available in this 
     chapter may be obligated to conduct or support a program to 
     build the capacity of a foreign country's national military 
     forces in order for that country to conduct counterterrorist 
     operations or participate in or support military and 
     stability operations in which the U.S. Armed Forces are a 
     participant: Provided, That funds available pursuant to the 
     authority in this section shall be subject to the same 
     restrictions, limitations, and reporting requirements as 
     funds available pursuant to section 1206 of Public Law 109-
     163 as amended.

                               CHAPTER 2

        DEFENSE BRIDGE FUND APPROPRIATIONS FOR FISCAL YEAR 2009

                    DEPARTMENT OF DEFENSE--MILITARY

                           MILITARY PERSONNEL

                        Military Personnel, Army

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

                        Military Personnel, Navy

       For an additional amount for ``Military Personnel, Navy'', 
     $75,000,000.

                    Military Personnel, Marine Corps

       For an additional amount for ``Military Personnel, Marine 
     Corps'', $55,000,000.

                     Military Personnel, Air Force

       For an additional amount for ``Military Personnel, Air 
     Force'', $75,000,000.

                     National Guard Personnel, Army

       For an additional amount for ``National Guard Personnel, 
     Army'', $150,000,000.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

       For an additional amount for ``Operation and Maintenance, 
     Army'', $37,300,000,000.

                    Operation and Maintenance, Navy


                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for ``Operation and Maintenance, 
     Navy'', $3,500,000,000: Provided, That up to $112,000,000 
     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'', $2,900,000,000.

                  Operation and Maintenance, Air Force

       For an additional amount for ``Operation and Maintenance, 
     Air Force'', $5,000,000,000.

                Operation and Maintenance, Defense-Wide

       For an additional amount for ``Operation and Maintenance, 
     Defense-Wide'', $2,648,569,000, of which not to exceed 
     $200,000,000, to remain available until expended, may be used 
     for payments to reimburse key cooperating nations, for 
     logistical, military, and other support provided to United 
     States military operations, notwithstanding any other 
     provision of law: Provided, That these funds may be used for 
     the purpose of providing specialized training and procuring 
     supplies and specialized equipment and providing such 
     supplies and loaning such equipment on a non-reimbursable 
     basis to coalition forces supporting United States military 
     operations in Iraq and Afghanistan: Provided further, That 
     such payments may be

[[Page 10491]]

     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'', $79,291,000.

                Operation and Maintenance, Navy Reserve

       For an additional amount for ``Operation and Maintenance, 
     Navy Reserve'', $42,490,000.

            Operation and Maintenance, Marine Corps Reserve

       For an additional amount for ``Operation and Maintenance, 
     Marine Corps Reserve'', $47,076,000.

              Operation and Maintenance, Air Force Reserve

       For an additional amount for ``Operation and Maintenance, 
     Air Force Reserve'', $12,376,000.

             Operation and Maintenance, Army National Guard

       For an additional amount for ``Operation and Maintenance, 
     Army National Guard'', $333,540,000.

             Operation and Maintenance, Air National Guard

       For an additional amount for ``Operation and Maintenance, 
     Air National Guard'', $52,667,000.

                    Afghanistan Security Forces Fund

       For an additional amount for the ``Afghanistan Security 
     Forces Fund'', $2,000,000,000, to remain available until 
     September 30, 2009.

                       Iraq Security Forces Fund


                     (INCLUDING TRANSFER OF FUNDS)

       For the ``Iraq Security Forces Fund'', $1,000,000,000, 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 none of the assistance 
     provided under this heading in the form of funds may be 
     utilized for the provision of salaries, wages, or bonuses to 
     personnel of the Iraqi Security Forces: 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 
     15 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.

                              PROCUREMENT

                       Aircraft Procurement, Army

       For an additional amount for ``Aircraft Procurement, 
     Army'', $84,000,000, to remain available for obligation until 
     September 30, 2011.

        Procurement of Weapons and Tracked Combat Vehicles, Army

       For an additional amount for ``Procurement of Weapons and 
     Tracked Combat Vehicles, Army'', $822,674,000, to remain 
     available for obligation until September 30, 2011.

                    Procurement of Ammunition, Army

       For an additional amount for ``Procurement of Ammunition, 
     Army'', $46,500,000, to remain available for obligation until 
     September 30, 2011.

                        Other Procurement, Army

       For an additional amount for ``Other Procurement, Army'', 
     $1,009,050,000, to remain available for obligation until 
     September 30, 2011.

                        Other Procurement, Navy

       For an additional amount for ``Other Procurement, Navy'', 
     $27,948,000, to remain available for obligation until 
     September 30, 2011.

                       Procurement, Marine Corps

       For an additional amount for ``Procurement, Marine Corps'', 
     $565,425,000, to remain available for obligation until 
     September 30, 2011.

                    Aircraft Procurement, Air Force

       For an additional amount for ``Aircraft Procurement, Air 
     Force'', $201,842,000, to remain available for obligation 
     until September 30, 2011.

                      Other Procurement, Air Force

       For an additional amount for ``Other Procurement, Air 
     Force'', $1,500,644,000, to remain available for obligation 
     until September 30, 2011.

                       Procurement, Defense-Wide

       For an additional amount for ``Procurement, Defense-Wide'', 
     $177,237,000, to remain available for obligation until 
     September 30, 2011.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Navy

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Navy'', $113,228,000, to remain available 
     until September 30, 2010.

         Research, Development, Test and Evaluation, Air Force

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Air Force'', $72,041,000, to remain available 
     until September 30, 2010.

        Research, Development, Test and Evaluation, Defense-Wide

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Defense-Wide'', $202,559,000, to remain 
     available until September 30, 2010.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

       For an additional amount for ``Defense Health Program'', 
     $1,100,000,000 for operation and maintenance.

         Drug Interdiction and Counter-Drug Activities, Defense


                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for ``Drug Interdiction and 
     Counter-Drug Activities, Defense'', $188,000,000.

             Joint Improvised Explosive Device Defeat Fund


                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for ``Joint Improvised Explosive 
     Device Defeat Fund'', $2,000,000,000, to remain available 
     until September 30, 2011: 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 amounts provided under this heading shall be 
     submitted to the congressional defense committees: Provided 
     further, That the Secretary of Defense shall submit a report 
     not later than 60 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 the Fund: 
     Provided further, That the Secretary of Defense may transfer 
     funds provided herein to appropriations for 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 the Secretary of Defense shall, not fewer than 
     15 days prior to making transfers from this appropriation, 
     notify the congressional defense committees in writing of the 
     details of any such transfer.

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 11201. Appropriations provided in this chapter are not 
     available for obligation until October 1, 2008.
       Sec. 11202. Appropriations provided in this chapter are 
     available for obligation until September 30, 2009, unless 
     otherwise provided in this chapter.

[[Page 10492]]




                     (INCLUDING TRANSFER OF FUNDS)

       Sec. 11203. 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 chapter: 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 and is subject to the same terms and 
     conditions as the authority provided in section 8005 of 
     Public Law 110-116, except for the fourth proviso.
       Sec. 11204. (a) Not later than December 5, 2008 and every 
     90 days thereafter through the end of fiscal year 2009, 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) The 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) In specific, the report requires, 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, trends relating to numbers and types of 
     ethnic and religious-based hostile encounters, and progress 
     made in the transition of responsibility for the security of 
     Iraqi provinces to the Iraqi Security Forces under the 
     Provincial Iraqi Control (PIC) process.
       (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 most recent annual budget for the Government of 
     Iraq, including a description of amounts budgeted for support 
     of Iraqi security and police forces and an assessment of how 
     planned funding will impact the training, equipping and 
     overall readiness of those forces.
       (G) 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 Iraq battalions that are--
       (i) capable of conducting counterinsurgency operations 
     independently without any support from Coalition Forces;
       (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 amount and type of support provided by Coalition 
     Forces to the Iraqi Security Forces at each level of 
     operational readiness.
       (E) The number of Iraqi battalions in the Iraqi Army 
     currently conducting operations and the type of operations 
     being conducted.
       (F) The rates of absenteeism in the Iraqi military forces 
     and the extent to which insurgents have infiltrated such 
     forces.
       (G) The training provided Iraqi police and other Ministry 
     of Interior forces and the equipment used by such forces.
       (H) The level and effectiveness of the Iraqi Security 
     Forces under the Ministry of Defense in provinces where the 
     United States has formally transferred responsibility for the 
     security of the province to the Iraqi Security Forces under 
     the Provincial Iraqi Control (PIC) process.
       (I) 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;
       (v) attrition rates and measures of absenteeism and 
     infiltration by insurgents; and
       (vi) the level and effectiveness of the Iraqi Police and 
     other Ministry of Interior Forces in provinces where the 
     United States has formally transferred responsibility for the 
     security of the province to the Iraqi Security Forces under 
     the Provincial Iraqi Control (PIC) process.
       (J) 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.
       (K) The effectiveness of the Iraqi military and police 
     officer cadres and the chain of command.
       (L) The number of United States and coalition advisors 
     needed to support the Iraqi security forces and associated 
     ministries.
       (M) An assessment, in a classified annex if necessary, of 
     United States military requirements, including planned force 
     rotations, through the end of calendar year 2009.
       Sec. 11205. (a) Report by Secretary of Defense.--Not later 
     than 30 days after the date of the enactment of this Act, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report that contains individual 
     transition readiness assessments by unit of Iraq and Afghan 
     security forces. The Secretary of Defense shall submit to the 
     congressional defense committees updates of the report 
     required by this subsection every 90 days after the date of 
     the submission of the report until October 1, 2009. The 
     report and updates of the report required by this subsection 
     shall be submitted in classified form.
       (b) Report by OMB.--
       (1) The Director of the Office of Management and Budget, in 
     consultation with the Secretary of Defense; the Commander, 
     Multi-National Security Transition Command--Iraq; and the 
     Commander, Combined Security Transition Command--Afghanistan, 
     shall submit to the congressional defense committees not 
     later than 120 days after the date of the enactment of this 
     Act and every 90 days thereafter a report on the proposed use 
     of all funds under each of the headings ``Iraq Security 
     Forces Fund'' and ``Afghanistan Security Forces Fund'' on a 
     project-by-project basis, for which the obligation of funds 
     is anticipated during the 3-month period from such date, 
     including estimates by the commanders referred to in this 
     paragraph of the costs required to complete each such 
     project.
       (2) The report required by this subsection shall include 
     the following:
       (A) The use of all funds on a project-by-project basis for 
     which funds appropriated under the headings referred to in 
     paragraph (1) were obligated prior to the submission of the 
     report, including estimates by the commanders referred to in 
     paragraph (1) of the costs to complete each project.
       (B) The use of all funds on a project-by-project basis for 
     which funds were appropriated under the headings referred to 
     in paragraph (1) in prior appropriations Acts, or for which 
     funds were made available by transfer, reprogramming, or 
     allocation from other headings in prior appropriations Acts, 
     including estimates by the commanders referred to in 
     paragraph (1) of the costs to complete each project.
       (C) An estimated total cost to train and equip the Iraq and 
     Afghan security forces, disaggregated by major program and 
     sub-elements by force, arrayed by fiscal year.
       (c) Notification.--The Secretary of Defense shall 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''.
       Sec. 11206. Funds available to the Department of Defense 
     for operation and maintenance provided in this chapter 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. 11207. Supervision and administration costs associated 
     with a construction project funded with appropriations 
     available for operation and maintenance, ``Afghanistan 
     Security Forces Fund'' or ``Iraq Security

[[Page 10493]]

     Forces Fund'' provided in this chapter, and executed in 
     direct support of the Global War on Terrorism only in Iraq 
     and Afghanistan, 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.


                     (INCLUDING TRANSFER OF FUNDS)

       Sec. 11208. (a) Notwithstanding any other provision of law, 
     and in addition to amounts otherwise made available by this 
     Act, there is appropriated $1,700,000,000 for the ``Mine 
     Resistant Ambush Protected Vehicle Fund'', to remain 
     available until September 30, 2009.
       (b) The funds provided by subsection (a) shall be available 
     to the Secretary of Defense to continue technological 
     research and development and upgrades, to procure Mine 
     Resistant Ambush Protected vehicles and associated support 
     equipment, and to sustain, transport, and field Mine 
     Resistant Ambush Protected vehicles.
       (c)(1) The Secretary of Defense shall transfer funds 
     provided by subsection (a) to appropriations for operation 
     and maintenance; procurement; and research, development, test 
     and evaluation to accomplish the purposes specified in 
     subsection (b). Such transferred funds shall be merged with 
     and be available for the same purposes and for the same time 
     period as the appropriation to which they are transferred.
       (2) The transfer authority provided by this subsection 
     shall be in addition to any other transfer authority 
     available to the Department of Defense.
       (3) The Secretary of Defense shall, not less than 15 days 
     prior to making any transfer under this subsection, notify 
     the congressional defense committees in writing of the 
     details of the transfer.
       Sec. 11209. For the purposes of this Act, the term 
     ``congressional defense committees'' means the Armed Services 
     Committee of the House of Representatives, the Armed Services 
     Committee of the Senate, the Subcommittee on Defense of the 
     Committee on Appropriations of the Senate, and the 
     Subcommittee on Defense of the Committee on Appropriations of 
     the House of Representatives.

                               CHAPTER 3

                     GENERAL PROVISIONS--THIS TITLE

       Sec. 11301. Each amount in this title 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. 11302. Funds appropriated by this title, or made 
     available by the transfer of funds in this title, for 
     intelligence activities are deemed to be specifically 
     authorized by the Congress for purposes of section 504(a)(1) 
     of the National Security Act of 1947 (50 U.S.C. 414(a)(1)).
       Sec. 11303. None of the funds made available in this Act 
     may be used in contravention of the following laws enacted or 
     regulations promulgated to implement the United Nations 
     Convention Against Torture and Other Cruel, Inhuman or 
     Degrading Treatment or Punishment (done at New York on 
     December 10, 1984):
       (1) Section 2340A of title 18, United States Code;
       (2) Section 2242 of the Foreign Affairs Reform and 
     Restructuring Act of 1998 (division G of Public Law 105-277; 
     112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations 
     prescribed thereto, including regulations under part 208 of 
     title 8, Code of Federal Regulations, and part 95 of title 
     22, Code of Federal Regulations; and
       (3) Sections 1002 and 1003 of the Department of Defense, 
     Emergency Supplemental Appropriations to Address Hurricanes 
     in the Gulf of Mexico, and Pandemic Influenza Act, 2006 
     (Public Law 109-148).
       Sec. 11304. (a) Report Required.--Not later than 120 days 
     after the date of the enactment of this Act, the Secretary of 
     Defense, the Secretary of State, and the Secretary of 
     Homeland Security, in coordination with the Chairman of the 
     Joint Chiefs of Staff and the Director of National 
     Intelligence, shall jointly submit to Congress a report 
     setting forth the global strategy of the United States to 
     combat and defeat al Qaeda and its affiliates.
       (b) Elements of Strategy.--The strategy set forth in the 
     report required under subsection (a) shall include the 
     following elements:
       (1) An analysis of the global threat posed by al Qaeda and 
     its affiliates, including an assessment of the relative 
     threat posed in particular regions or countries.
       (2) Recommendations regarding the distribution and 
     deployment of United States military, intelligence, 
     diplomatic, and other assets to meet the relative regional 
     and country-specific threats described in paragraph (1).
       (3) Recommendations to ensure that the global deployment of 
     United States military personnel and equipment best meet the 
     threat identified and described in paragraph (1) and:
       (A) does not undermine the military readiness or homeland 
     security of the United States;
       (B) ensures adequate time between military deployments for 
     rest and training; and
       (C) does not require further extensions of military 
     deployments to the extent practicable.
       (c) Classified Annex.--The report required by subsection 
     (a) shall be submitted in unclassified form, but shall 
     include a classified annex.
       Sec. 11305. None of the funds provided in this title 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. 11306. Section 1002(c)(2) of the National Defense 
     Authorization Act, Fiscal Year 2008 (Public Law 110-181) is 
     amended by striking ``$362,159,000'' and inserting 
     ``$435,259,000''.
       Sec. 11307. None of the funds appropriated or otherwise 
     made available by this title may be obligated or expended to 
     provide award fees to any defense contractor contrary to the 
     provisions of section 814 of the National Defense 
     Authorization Act, Fiscal Year 2007 (Public Law 109-364).


                             (RESCISSIONS)

       Sec. 11308. (a) Of the funds made available for ``Defense 
     Health Program'' in Public Law 110-28, $75,000,000 are 
     rescinded.
       (b) Of the funds made available for ``Joint Improvised 
     Explosive Device Defeat Fund'' in division L of the 
     Consolidated Appropriations Act, 2008 (Public Law 110-161), 
     $71,531,000 are rescinded.
       Sec. 11309. Of the funds appropriated in the U.S. Troop 
     Readiness, Veterans' Care, Katrina Recovery, and Iraq 
     Accountability Appropriations Act, 2007 (Public Law 110-28) 
     which remain available for obligation under the ``Iraq 
     Freedom Fund'', $150,000,000 is only for the Joint Rapid 
     Acquisition Cell, and $10,000,000 is only for the 
     transportation of fallen service members.
       Sec. 11310. None of the funds available to the Department 
     of Defense may be obligated or expended to implement any 
     final action on joint basing initiatives required under the 
     2005 round of defense base closure and realignment under the 
     Defense Base Closure and Realignment Act of 1990 (part A of 
     title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) until 
     each affected Secretary of a military department or the head 
     of each affected Federal agency certifies to the 
     congressional defense committees that joint basing at the 
     affected military installation will result in significant 
     costs savings and will not negatively impact the morale of 
     members of the Armed Forces.
       Sec. 11311. Funds available in this title which are 
     available to the Department of Defense for operation and 
     maintenance may be used to purchase items having an 
     investment unit cost of not more than $250,000: Provided, 
     That upon determination by the Secretary of Defense that such 
     action is necessary to meet the operational requirements of a 
     Commander of a Combatant Command engaged in contingency 
     operations overseas, such funds may be used to purchase items 
     having an investment item unit cost of not more than 
     $500,000.
                                 ______
                                 
  SA 4819. Mr. REID (for Mr. Stevens) proposed an amendment to the bill 
S. 1965, to protect children from cybercrimes, including crimes by 
online predators, to enhance efforts to identify and eliminate child 
pornography, and to help parents shield their children from material 
that is inappropriate for minors; as follows:

       On page 2, between lines 7 and 8, strike the item relating 
     to section 104 and redesignate the items relating to sections 
     105, 106, and 107 as relating to sections 104, 105, and 106.
       On page 2, before line 8, strike the item relating to 
     section 202.
       On page 4, strike lines 7 through 11.
       On page 4, line 12, strike ``SEC. 105.'' and insert ``SEC. 
     104.''.
       On page 6, line 10, strike ``SEC. 106.'' and insert ``SEC. 
     105.''.
       On page 6, line 24, strike ``SEC. 107.'' and insert ``SEC. 
     106.''.
       On page 8, beginning with line 6, strike through the end of 
     the bill.
                                 ______
                                 
  SA 4820. Mr. REID (for Mr. Dodd (for himself and Mr. Shelby)) 
proposed an amendment to the bill S. 2062, to amend the Native American 
Housing Assistance and Self-Determination Act of 1996 to reauthorize 
that Act, and for other purposes; as follows:

       On page 19, strike lines 1 through 13 and insert the 
     following:
       ``(c) Applicability.--The provisions of paragraph (2) of 
     subsection (a) regarding binding commitments for the 
     remaining useful life of property shall not apply to a family 
     or household member who subsequently takes ownership of a 
     homeownership unit.''.
       On page 22, line 9, insert ``in accordance with section 
     202'' after ``infrastructure''.
       On page 29, strike line 18 and insert the following: ``(iv) 
     any other legal impediment. ``(E) Subparagraphs (A) through 
     (D) shall not apply to any claim arising from a formula 
     current assisted stock calculation or count involving an 
     Indian housing block grant allocation for any fiscal year 
     through fiscal year

[[Page 10494]]

     2008, if a civil action relating to the claim is filed by not 
     later than 45 days after the date of enactment of this 
     subparagraph.''.

     

                          ____________________