In the nature of a substitute.

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.
``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.

[[Page S4811]]

``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.
``(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

[[Page S4812]]

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.
``(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.

[[Page S4813]]

``(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.
``(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.

[[Page S4814]]

``(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 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.

[[Page S4815]]

(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.

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.

[[Page S4816]]

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 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'',

[[Page S4817]]

$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.
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.

[[Page S4818]]

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 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;

[[Page S4819]]

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 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.

[[Page S4820]]

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.
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,

[[Page S4821]]

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 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),''.

[[Page S4822]]

(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.
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

[[Page S4823]]

``(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 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.

[[Page S4824]]

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 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

[[Page S4825]]

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.
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.

[[Page S4826]]

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 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

[[Page S4827]]

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 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

[[Page S4828]]

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.
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

[[Page S4829]]

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 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'';

[[Page S4830]]

(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.
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

[[Page S4831]]

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 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.

[[Page S4832]]

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 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,

[[Page S4833]]

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.
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,

[[Page S4834]]

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 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

[[Page S4835]]

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 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.

[[Page S4836]]

(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 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.''.

____________________