To make emergency supplemental appropriations for the Department of Defense for the fiscal year ending September 30, 2008.

SA 3874. Mr. McConnell (for himself, Mr. Lieberman, Mr. Inouye, Mr.
Stevens, Mr. Cochran, and Mr. Warner) proposed an amendment to the bill
H.R. 2764, making appropriations for the Department of State, foreign
operations, and related programs for the fiscal year ending September
30, 2008, and for other purposes; as follows:

Strike Division L and insert the following:

DIVISION L--SUPPLEMENTAL APPROPRIATIONS, DEFENSE

TITLE I--MILITARY PERSONNEL

MILIARY PERSONNEL

Military Personnel, Army

For an additional amount for ``Military Personnel, Army'',
$782,500,000.

Military Personnel, Navy

For an additional amount for ``Military Personnel, Navy'',
$95,624,000.

Military Personnel, Marine Corps

For an additional amount for ``Military Personnel, Marine
Corps'', $56,050,000.

Military Personnel, Air Force

For an additional amount for ``Military Personnel, Air
Force'', $138,037,000.

TITLE II--OPERATION AND MAINTENANCE

OPERATION AND MAINTENANCE

Operation and Maintenance, Army

For an additional amount for ``Operation and Maintenance,
Army'', $35,152,370,000.

Operation and Maintenance, Navy

(including transfers of funds)

For an additional amount for ``Operation and Maintenance,
Navy'', $3,664,000,000: Provided, That up to $110,000,000
shall be transferred to the Coast Guard ``Operating
Expenses'' account.

Operation and Maintenance, Marine Corps

For an additional amount for ``Operation and Maintenance,
Marine Corps'', $3,965,638,000.

Operation and Maintenance, Air Force

For an additional amount for ``Operation and Maintenance,
Air Force'', $4,778,000,000.

Operation and Maintenance, Defense-Wide

For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $2,116,950,000, of which up to $300,000,000,
to remain available until expended, may be used for payments
to reimburse Pakistan, Jordan, and other key cooperating
nations, for logistical, military, and other support
provided, or to be provided, to United States military
operations, notwithstanding any other provision of law:
Provided, That such payments may be made in such amounts as
the Secretary of Defense, with the concurrence of the
Secretary of State, and in consultation with the Director of
the Office of Management and Budget, may determine, in his
discretion, based on documentation determined by the
Secretary of Defense to adequately account for the support
provided, and such determination is final and conclusive upon
the accounting officers of the United States, and 15 days
following notification to the appropriate congressional
committees: Provided further, That the Secretary of Defense
shall provide quarterly reports to the congressional defense
committees on the use of funds provided in this paragraph.

Operation and Maintenance, Army Reserve

For an additional amount for ``Operation and Maintenance,
Army Reserve'', $77,736,000.

Operation and Maintenance, Navy Reserve

For an additional amount for ``Operation and Maintenance,
Navy Reserve'', $41,657,000.

Operation and Maintenance, Marine Corps Reserve

For an additional amount for ``Operation and Maintenance,
Marine Corps Reserve'', $46,153,000.

Operations and Maintenance, Air Force Reserve

For an additional amount for ``Operation and Maintenance,
Air Force Reserve'', $12,133,000.

Operation and Maintenance, Army National Guard

For an additional amount for ``Operation and Maintenance,
Army National Guard'', $327,000,000.

Operation and Maintenance, Air National Guard

For an additional amount for ``Operation and Maintenance,
Air National Guard'', $51,634,000.

Iraq Freedom Fund

(including transfer of funds)

For an additional amount for ``Iraq Freedom Fund'',
$3,747,327,000, to remain available for transfer until
September 30, 2009, only to support operations in Iraq or
Afghanistan: Provided, That the Secretary of Defense may
transfer the funds provided herein to appropriations for
military personnel; operation and maintenance; Overseas
Humanitarian, Disaster, and Civic Aid; procurement; research,
development, test and evaluation; and working capital funds:
Provided further, That funds transferred shall be merged with
and be available for the same purposes and for the same time
period as the appropriation or fund to which transferred:
Provided further, That this transfer authority is in addition
to any other transfer authority available to the Department
of Defense: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That the Secretary of Defense shall, not
fewer than 5 days prior to making transfers from this
appropriation, notify the congressional defense committees in
writing of the details of any such transfer: Provided
further, That the Secretary shall submit a report no later
than 30 days after the end of each fiscal quarter to the
congressional defense committees summarizing the details of
the transfer of funds from this appropriation.

Afghanistan Security Forces Fund

(including transfer of funds)

For the ``Afghanistan Security Forces Fund'',
$1,350,000,000, to remain available until September 30, 2009:
Provided, That such funds shall be available to the Secretary
of Defense, notwithstanding any other provision of law, for
the purpose of allowing the Commander, Office of Security
Cooperation-Afghanistan, or the Secretary's designee, to
provide assistance, with the concurrence of the Secretary of
State, to the security forces of Afghanistan, including the
provision of equipment, supplies, services, training,
facility and infrastructure repair, renovation, and
construction, and funding: Provided further, That the
authority to provide assistance under this heading is in
addition to any other authority to provide assistance to
foreign nations: Provided further, That the Secretary of
Defense may transfer such funds to appropriations for
military personnel; operation and maintenance; Overseas
Humanitarian, Disaster, and Civic Aid; procurement; research,
development, test and evaluation; and defense working capital
funds to accomplish the purposes provided herein: Provided
further, That this transfer authority is in addition to any
other transfer authority available to the Department of
Defense: Provided further, That upon a determination that all
or part of the funds so transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That contributions of funds for the
purposes provided herein from any person, foreign government,
or international organization may be credited to this Fund,
and used for such purposes: Provided further, That the
Secretary shall notify the congressional defense committees
in writing upon the receipt and upon the transfer of any
contribution delineating the sources and amounts of the funds
received and the specific use of such contributions: Provided
further, That the Secretary of Defense shall, not fewer than
five days prior to making transfers from this appropriation
account, notify the congressional defense committees in
writing of the details of any such transfer: Provided
further, That the Secretary shall submit a report no later
than 30 days after the end of each fiscal quarter to the
congressional defense committees summarizing the details of
the transfer of funds from this appropriation.

Iraq Security Forces Fund

(including transfer of funds)

For the ``Iraq Security Forces Fund'', $1,500,000,000, to
remain available until September 30, 2009: Provided, That
such funds shall be available to the Secretary of Defense,
notwithstanding any other provision of law, for the purpose
of allowing the Commander, Multi-National Security Transition

[[Page S15928]]

Command-Iraq, or the Secretary's designee, to provide
assistance, with the concurrence of the Secretary of State,
to the security forces of Iraq, including the provision of
equipment, supplies, services, training, facility and
infrastructure repair, renovation, and construction, and
funding: Provided further, That the authority to provide
assistance under this heading is in addition to any other
authority to provide assistance to foreign nations: Provided
further, That the Secretary of Defense may transfer such
funds to appropriations for military personnel; operation and
maintenance; Overseas Humanitarian, Disaster, and Civic Aid;
procurement; research, development, test and evaluation; and
defense working capital funds to accomplish the purposes
provided herein: Provided further, That this transfer
authority is in addition to any other transfer authority
available to the Department of Defense: Provided further,
That upon a determination that all or part of the funds so
transferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred
back to this appropriation: Provided further, That
contributions of funds for the purposes provided herein from
any person, foreign government, or international organization
may be credited to this Fund, and used for such purposes:
Provided further, That the Secretary shall notify the
congressional defense committees in writing upon the receipt
and upon the transfer of any contribution delineating the
sources and amounts of the funds received and the specific
use of such contributions: Provided further, That the
Secretary of Defense shall, not fewer than five days prior to
making transfers from this appropriation account, notify the
congressional defense committees in writing of the details of
any such transfer: Provided further, That the Secretary shall
submit a report no later than 30 days after the end of each
fiscal quarter to the congressional defense committees
summarizing the details of the transfer of funds from this
appropriation.

Joint Improvised Explosive Device Defeat Fund

(including transfer of funds)

For the ``Joint Improvised Explosive Device Defeat Fund'',
$4,269,000,000, to remain available until September 30, 2010:
Provided, That such funds shall be available to the Secretary
of Defense, notwithstanding any other provision of law, for
the purpose of allowing the Director of the Joint Improvised
Explosive Device Defeat Organization to investigate, develop
and provide equipment, supplies, services, training,
facilities, personnel and funds to assist United States
forces in the defeat of improvised explosive devices:
Provided further, That within 60 days of the enactment of
this Act, a plan for the intended management and use of the
Fund is provided to the congressional defense committees:
Provided further, That the Secretary of Defense shall submit
a report not later than 30 days after the end of each fiscal
quarter to the congressional defense committees providing
assessments of the evolving threats, individual service
requirements to counter the threats, the current strategy for
predeployment training of members of the Armed Forces on
improvised explosive devices, and details on the execution of
this Fund: Provided further, That the Secretary of Defense
may transfer funds provided herein to appropriations for
military personnel; operation and maintenance; procurement;
research, development, test and evaluation; and defense
working capital funds to accomplish the purpose provided
herein: Provided further, That this transfer authority is in
addition to any other transfer authority available to the
Department of Defense: Provided further, That upon
determination that all or part of the funds so transferred
from this appropriation are not necessary for the purpose
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the Secretary of
Defense shall, not fewer than 5 days prior to making
transfers from this appropriation, notify the congressional
defense committees in writing of the details of any such
transfer.

TITLE III--PROCUREMENT

PROCUREMENT

Aircraft Procurement, Army

For an additional amount for ``Aircraft Procurement,
Army'', $943,600,000, to remain available for obligation
until September 30, 2010.

Procurement of Weapons and Tracked Combat Vehicles, Army

For an additional amount for ``Procurement of Weapons and
Tracked Combat Vehicles, Army'', $1,429,445,000, to remain
available for obligation until September 30, 2010.

Procurement of Ammunition, Army

For an additional amount for ``Procurement of Ammunition,
Army'', $154,000,000, to remain available for obligation
until September 30, 2010.

Other Procurement, Army

For an additional amount for ``Other Procurement, Army'',
$2,027,800,000, to remain available for obligation until
September 30, 2010.

Aircraft Procurement, Navy

For an additional amount for ``Aircraft Procurement,
Navy'', $48,500,000, to remain available for obligation until
September 30, 2010.

Procurement of Ammunition, Navy and Marine Corps

For an additional amount for ``Procurement of Ammunition,
Navy and Marine Corps'', $304,945,000, to remain available
for obligation until September 30, 2010.

Other Procurement, Navy

For an additional amount for ``Other Procurement, Navy'',
$91,481,000, to remain available for obligation until
September 30, 2010.

Procurement, Marine Corps

For an additional amount for ``Procurement, Marine Corps'',
$703,250,000, to remain available for obligation until
September 30, 2010.

Aircraft Procurement, Air Force

For an additional amount for ``Aircraft Procurement, Air
Force'', $51,400,000, to remain available for obligation
until September 30, 2010.

Other Procurement, Air Force

For an additional amount for ``Other Procurement, Air
Force'', $30,725,000, to remain available for obligation
until September 30, 2010.

Procurement, Defense-Wide

For an additional amount for ``Procurement, Defense-Wide'',
$274,743,000, to remain available for obligation until
September 30, 2010.

TITLE IV--REVOLVING AND MANAGEMENT FUNDS

REVOLVING AND MANAGEMENT FUNDS

Defense Working Capital Funds

For an additional amount of ``Defense Working Capital
Funds'', $1,000,000,000, to remain available for obligation
until September 30, 2010.

TITLE V--OTHER DEPARTMENT OF DEFENSE PROGRAMS

OTHER DEPARTMENT OF DEFENSE PROGRAMS

Defense Health Program

For an additional amount for ``Defense Health Program'',
$575,701,000 for Operation and maintenance.

Drug Interdiction and Counter-Drug Activities, Defense

For an additional amount for ``Drug Interdiction and
Counter-Drug Activities, Defense'', $192,601,000.

TITLE VI--GENERAL PROVISIONS

GENERAL PROVISIONS

Sec. 601.  Appropriations provided in this division are
available for obligation until September 30, 2008, unless
otherwise so provided in this division.
Sec. 602.  Notwithstanding any other provision of law or of
this division, funds made available in this division are in
addition to amounts appropriated or otherwise made available
for the Department of Defense for fiscal year 2008.

(TRANSFER OF FUNDS)

Sec. 603.  Upon the determination of the Secretary of
Defense that such action is necessary in the national
interest, the Secretary may transfer between appropriations
up to $4,000,000,000 of the funds made available to the
Department of Defense in this division: Provided, That the
Secretary shall notify the Congress promptly of each transfer
made pursuant to the authority in this section: Provided
further, That the authority provided in this section is in
addition to any other transfer authority available to the
Department of Defense.
Sec. 604.  Funds appropriated in this division, or made
available by the transfer of funds in or pursuant to this
division, for intelligence activities are deemed to be
specifically authorized by the Congress for purposes of
section 504 of the National Security Act of 1947 (50 U.S.C.
414).
Sec. 605.  None of the funds provided in this division may
be used to finance programs or activities denied by Congress
in fiscal years 2007 or 2008 appropriations to the Department
of Defense or to initiate a procurement or research,
development, test and evaluation new start program without
prior written notification to the congressional defense
committees.
Sec. 606. (a) Availability of Funds for CERP.--From funds
made available in this division to the Department of Defense,
not to exceed $500,000,000 may be used, notwithstanding any
other provision of law, to fund the Commander's Emergency
Response Program, for the purpose of enabling military
commanders in Iraq to respond to urgent humanitarian relief
and reconstruction requirements within their areas of
responsibility by carrying out programs that will immediately
assist the Iraqi people, and to fund a similar program to
assist the people of Afghanistan.
(b) Quarterly Reports.--Not later than 15 days after the
end of each fiscal year quarter (beginning with the first
quarter of fiscal year 2008), the Secretary of Defense shall
submit to the congressional defense committees a report
regarding the source of funds and the allocation and use of
funds during that quarter that were made available pursuant
to the authority provided in this section or under any other
provision of law for the purposes of the programs under
subsection (a).
Sec. 607.  During the current fiscal year, funds available
to the Department of Defense for operation and maintenance
may be used, notwithstanding any other provision of law,

[[Page S15929]]

to provide supplies, services, transportation, including
airlift and sealift, and other logistical support to
coalition forces supporting military and stability operations
in Iraq and Afghanistan: Provided, That the Secretary of
Defense shall provide quarterly reports to the congressional
defense committees regarding support provided under this
section.
Sec. 608.  During fiscal year 2008, supervision and
administration costs associated with projects carried out
with funds appropriated to ``Afghanistan Security Forces
Fund'' or ``Iraq Security Forces Fund'' in this division may
be obligated at the time a construction contract is awarded:
Provided, That for the purpose of this section, supervision
and administration costs include all in-house Government
costs.
Sec. 609. (a) Reports on Progress Toward Stability in
Iraq.--Not later than 60 days after the date of the enactment
of this Act and every 90 days thereafter through the end of
fiscal year 2008, the Secretary of Defense shall set forth in
a report to Congress a comprehensive set of performance
indicators and measures for progress toward military and
political stability in Iraq.
(b) Scope of Reports.--Each report shall include
performance standards and goals for security, economic, and
security force training objectives in Iraq together with a
notional timetable for achieving these goals.
(c) Specific Elements.--In specific, each report shall
require, at a minimum, the following:
(1) With respect to stability and security in Iraq, the
following:
(A) Key measures of political stability, including the
important political milestones that must be achieved over the
next several years.
(B) The primary indicators of a stable security environment
in Iraq, such as number of engagements per day, numbers of
trained Iraqi forces, and trends relating to numbers and
types of ethnic and religious-based hostile encounters.
(C) An assessment of the estimated strength of the
insurgency in Iraq and the extent to which it is composed of
non-Iraqi fighters.
(D) A description of all militias operating in Iraq,
including the number, size, equipment strength, military
effectiveness, sources of support, legal status, and efforts
to disarm or reintegrate each militia.
(E) Key indicators of economic activity that should be
considered the most important for determining the prospects
of stability in Iraq, including--
(i) unemployment levels;
(ii) electricity, water, and oil production rates; and
(iii) hunger and poverty levels.
(F) The criteria the Administration will use to determine
when it is safe to begin withdrawing United States forces
from Iraq.
(2) With respect to the training and performance of
security forces in Iraq, the following:
(A) The training provided Iraqi military and other Ministry
of Defense forces and the equipment used by such forces.
(B) Key criteria for assessing the capabilities and
readiness of the Iraqi military and other Ministry of Defense
forces, goals for achieving certain capability and readiness
levels (as well as for recruiting, training, and equipping
these forces), and the milestones and notional timetable for
achieving these goals.
(C) The operational readiness status of the Iraqi military
forces, including the type, number, size, and organizational
structure of Iraqi battalions that are--
(i) capable of conducting counterinsurgency operations
independently;
(ii) capable of conducting counterinsurgency operations
with the support of United States or coalition forces; or
(iii) not ready to conduct counterinsurgency operations.
(D) The rates of absenteeism in the Iraqi military forces
and the extent to which insurgents have infiltrated such
forces.
(E) The training provided Iraqi police and other Ministry
of Interior forces and the equipment used by such forces.
(F) Key criteria for assessing the capabilities and
readiness of the Iraqi police and other Ministry of Interior
forces, goals for achieving certain capability and readiness
levels (as well as for recruiting, training, and equipping),
and the milestones and notional timetable for achieving these
goals, including--
(i) the number of police recruits that have received
classroom training and the duration of such instruction;
(ii) the number of veteran police officers who have
received classroom instruction and the duration of such
instruction;
(iii) the number of police candidates screened by the Iraqi
Police Screening Service, the number of candidates derived
from other entry procedures, and the success rates of those
groups of candidates;
(iv) the number of Iraqi police forces who have received
field training by international police trainers and the
duration of such instruction; and
(v) attrition rates and measures of absenteeism and
infiltration by insurgents.
(G) The estimated total number of Iraqi battalions needed
for the Iraqi security forces to perform duties now being
undertaken by coalition forces, including defending the
borders of Iraq and providing adequate levels of law and
order throughout Iraq.
(H) The effectiveness of the Iraqi military and police
officer cadres and the chain of command.
(I) The number of United States and coalition advisors
needed to support the Iraqi security forces and associated
ministries.
(J) An assessment, in a classified annex if necessary, of
United States military requirements, including planned force
rotations, through the end of calendar year 2008.
Sec. 610.  Each amount appropriated or otherwise made
available in this division is designated as an emergency
requirement and necessary to meet emergency needs pursuant to
subsections (a) and (b) of section 204 of S. Con. Res. 21
(110th Congress), the concurrent resolution on the budget for
fiscal year 2008.
Sec. 611.  None of the funds appropriated or otherwise made
available by this division may be obligated or expended to
provide award fees to any defense contractor for performance
that does not meet the requirements of the contract.
Sec. 612.  No funds appropriated or otherwise made
available by this division may be used by the Government of
the United States to enter into an agreement with the
Government of Iraq that would subject members of the Armed
Forces of the United States to the jurisdiction of Iraq
criminal courts or punishment under Iraq law.
Sec. 613.  Notwithstanding any other provision of law, the
Secretary of the Army may reimburse a member for expenses
incurred by the member or family member when such expenses
are otherwise not reimbursable under law: Provided, That such
expenses must have been incurred in good faith as a direct
consequence of reasonable preparation for, or execution of,
military orders: Provided further, That reimbursement under
this section shall be allowed only in situations wherein
other authorities are insufficient to remedy a hardship
determined by the Secretary, and only when the Secretary
determines that reimbursement of the expense is in the best
interest of the member and the United States.
Sec. 614.  In this division, the term ``congressional
defense committees'' means--
(1) the Committees on Armed Services and Appropriations of
the Senate; and
(2) the Committees on Armed Services and Appropriations of
the House of Representatives.
Sec. 615.  This division may be cited as the ``Emergency
Supplemental Appropriations Act for Defense, 2008''.
______