HR4156NOV16

For an additional amount for `Operation and Maintenance, Defense-Wide', $1,330,540,000, of which not to exceed $333,000,000, 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 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', $61,223,000.

Operation and Maintenance, Navy Reserve

For an additional amount for `Operation and Maintenance, Navy Reserve', $47,500,000.

Operation and Maintenance, Marine Corps Reserve

For an additional amount for `Operation and Maintenance, Marine Corps Reserve', $26,157,000.

Operation and Maintenance, Air Force Reserve

For an additional amount for `Operation and Maintenance, Air Force Reserve', $8,089,000.

Operation and Maintenance, Army National Guard

For an additional amount for `Operation and Maintenance, Army National Guard', $378,381,000.

Operation and Maintenance, Air National Guard

For an additional amount for `Operation and Maintenance, Air National Guard', $34,422,000.

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Afghanistan Security Forces Fund

(including transfer of funds)

For the `Afghanistan Security Forces Fund', $500,000,000: Provided, That such funds shall be available to the Secretary of Defense, notwithstanding any other provision of law, for the purpose of allowing the Commander, Office of Security Cooperation Afghanistan, or the Secretary's designee, to provide assistance, with the concurrence of the Secretary of State, to the security forces of Afghanistan, including the provision of equipment, supplies, services, training, facility and infrastructure repair, renovation, and construction, and funding: Provided further, That the authority to provide assistance under this heading is in addition to any other authority to provide assistance to foreign nations: Provided further, That the Secretary of Defense may transfer such funds to appropriations for military personnel; operation and maintenance; Overseas Humanitarian, Disaster, and Civic Aid; procurement; research, development, test and evaluation; and defense working capital funds to accomplish the purposes provided herein: Provided further, That this transfer authority is in addition to any other transfer authority available to the Department of Defense: Provided further, That upon a determination that all or part of the funds so transferred from this appropriation are not necessary for the purposes 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 of Defense 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 5 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 of Defense 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.

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Iraq Security Forces Fund

(including transfer of funds)

For the `Iraq Security Forces Fund', $500,000,000: 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, and to provide training, reintegration, education and employment programs for concerned local citizens, former militia members and detainees and former detainees: 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 of Defense 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 5 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 of Defense 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.

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Iraq Freedom Fund

(including transfer of funds)

For `Iraq Freedom Fund', $3,168,000,000, to remain available for transfer only to support operations in Iraq and to fight terrorism: Provided, the Secretary of Defense and the Director of National Intelligence shall, no fewer than 30 days prior to making transfers under this authority, notify the Committees on Appropriations in writing of the details of any such transfer made for intelligence activities: Provided further, That funds transferred shall be merged with and be available for the same purposes and for the same time period as the appropriation or fund to which transferred.

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Joint Improvised Explosive Device Defeat Fund

(including transfer of funds)

For an additional amount for `Joint Improvised Explosive Device Defeat Fund', $1,638,500,000, to remain available until September 30, 2010: Provided, That such funds shall be available to the Secretary of Defense, notwithstanding any other provision of law, for the purpose of allowing the Director of the Joint Improvised Explosive Device Defeat Organization to investigate, develop and provide equipment, supplies, services, training, facilities, personnel and funds to assist United States forces in the defeat of improvised explosive devices: Provided further, That within 60 days of enactment of this Act, a plan for the intended management and use of the Fund is provided to the congressional defense committees: Provided further, That the Secretary of Defense shall submit a report not later than 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, individual service requirements to counter the threats, the current strategy for predeployment training of members of the Armed Forces on explosive devices, and details on the execution of this Fund: Provided further, That the Secretary of Defense may transfer funds provided herein to appropriations for operation and maintenance; procurement; research, development, test and evaluation; and defense working capital funds to accomplish the purpose provided herein: Provided further, That this transfer authority is in addition to any other transfer authority available to the Department of Defense: Provided further, That upon determination that all or part of the funds so transferred from this appropriation are not necessary for the purpose provided herein, such amounts may be transferred back to this appropriation: Provided further, That the Secretary of Defense shall, not fewer than 5 days prior to making transfers from this appropriation, notify the congressional defense committees in writing of the details of any such transfer.

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PROCUREMENT

Aircraft Procurement, Army

For an additional amount for `Aircraft Procurement, Army', $302,200,000, to remain available until September 30, 2010.

Procurement of Weapons and Tracked Combat Vehicles, Army

For an additional amount for `Procurement of Weapons and Tracked Combat Vehicles, Army', $1,574,217,000, to remain available until September 30, 2010.

Procurement of Ammunition, Army

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

Other Procurement, Army

For an additional amount for `Other Procurement, Army', $1,976,100,000, to remain available until September 30, 2010.

Aircraft Procurement, Navy

For an additional amount for `Aircraft Procurement, Navy', $25,300,000, to remain available until September 30, 2010.

Other Procurement, Navy

For an additional amount for `Other Procurement, Navy', $88,281,000, to remain available until September 30, 2010.

Procurement, Marine Corps

For an additional amount for `Procurement, Marine Corps', $729,232,000, to remain available until September 30, 2010.

Aircraft Procurement, Air Force

For an additional amount for `Aircraft Procurement, Air Force', $147,800,000, to remain available until September 30, 2010.

Other Procurement, Air Force

For an additional amount for `Other Procurement, Air Force', $42,125,000, to remain available until September 30, 2010.

Procurement, Defense-Wide

For an additional amount for `Procurement, Defense-Wide', $102,588,000, to remain available until September 30, 2010.

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OTHER DEPARTMENT OF DEFENSE PROGRAMS

Defense Health Program

For an additional amount for `Defense Health Program', $649,001,000; of which $599,001,000 shall be for operation and maintenance; and of which $50,000,000 shall be for research, development, test and evaluation, to remain available until September 30, 2009, only for peer reviewed research on traumatic brain injury and psychological health, including post-traumatic stress disorder.

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GENERAL PROVISIONS

Sec. 201. Appropriations provided in this Act are available for obligation until September 30, 2008, unless otherwise provided in this Act.

(transfer of funds)

Sec. 202. (a) Upon a determination by 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 Act.

(b) The Secretary shall notify the Congress promptly of each transfer made pursuant to the authority in this section.

(c) 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 the Department of Defense Appropriations Act, 2008, except for the fourth proviso.

Sec. 203. Funds appropriated in this Act, or made available by the transfer of funds in or pursuant to this Act, for intelligence activities are deemed to be specifically authorized by the Congress for purposes of section 504(a)(1) of the National Security Act of 1947 (50 U.S.C. 414(a)(1)).

Sec. 204. None of the funds provided in this Act may be used to finance programs or activities denied by the 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 unless such program or project must be undertaken immediately in the interest of national security and after written prior notification to the congressional defense committees.

Sec. 205. (a) From funds made available for operation and maintenance in this Act to the Department of Defense, not to exceed $500,000,000 may be used, notwithstanding any other provision of law, to fund the Commander's Emergency Response Program, for the purpose of enabling military commanders in Iraq and Afghanistan to respond to urgent humanitarian relief and reconstruction requirements within their areas of responsibility by carrying out programs that will immediately assist the Iraqi and Afghan 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).

Sec. 206. (a) During fiscal year 2008, funds available in this Act to the Department of Defense for operation and maintenance may be used, notwithstanding any other provision of law, to provide supplies, services, transportation, including airlift and sealift, and other logistical support to Coalition forces supporting military and stability operations in Iraq and Afghanistan.

(b) The Secretary of Defense shall provide quarterly reports to the congressional defense committees regarding support provided under this section.

Sec. 207. (a) 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, and executed in direct support of the Global War on Terror only in Iraq and Afghanistan, may be obligated at the time a construction contract is awarded.

(b) For purposes of this section, the term `supervision and administration costs' includes all in-house Government costs.

Sec. 208. Each amount appropriated or otherwise provided in this Act is designated as an emergency requirement and necessary to meet emergency needs pursuant to subsections (a) and (b) of section 204 of S. Con. Res. 21 (110th Congress), the concurrent resolution on the budget for fiscal year 2008.

Sec. 209. (a) Not later than January 15, 2008 and every 90 days thereafter through the end of fiscal year 2008, the Secretary of Defense shall set forth in a report to the 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.

(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 to Provincial Iraqi Control (PIC).

(C) An assessment of the estimated strength of the insurgency in Iraq and the extent to which it is composed of non-Iraqi fighters.

(D) A description of all militias operating in Iraq, including the number, size, equipment strength, military effectiveness, sources of support, legal status, and efforts to disarm or reintegrate each militia.

(E) Key indicators of economic activity that should be considered the most important for determining the prospects of stability in Iraq, including--

(i) unemployment levels;

(ii) electricity, water, and oil production rates; and

(iii) hunger and poverty levels.

(F) The criteria the Administration will use to determine when it is safe to begin withdrawing United States forces from Iraq.

(2) With respect to the training and performance of security forces in Iraq, the following:

(A) The training provided Iraqi military and other Ministry of Defense forces and the equipment used by such forces.

(B) Key criteria for assessing the capabilities and readiness of the Iraqi military and other Ministry of Defense forces, goals for achieving certain capability and readiness levels (as well as for recruiting, training, and equipping these forces), and the milestones and notional timetable for achieving these goals.

(C) The operational readiness status of the Iraqi military forces, including the type, number, size, and organizational structure of Iraqi battalions that are--

(i) capable of conducting counterinsurgency operations independently, 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) 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.

(I) 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.

(J) The effectiveness of the Iraqi military and police officer cadres and the chain of command.

(K) The number of United States and Coalition advisors needed to support the Iraqi Security forces and associated ministries.

(L) An assessment, in a classified annex if necessary, of United States military requirements, including planned force rotations, through the end of calendar year 2008.

Sec. 210. None of the funds appropriated or otherwise made available by this or any other Act shall 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.

Sec. 211. None of the funds appropriated or otherwise made available by this Act may be obligated or expended to provide award fees to any defense contractor contrary to the provisions of section 814 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364).

Sec. 212. During the current fiscal year, appropriations made available to the Department of Defense for operation and maintenance in this Act may, upon determination by the Secretary of Defense that such action is necessary to meet the operational requirements of a Commander of Combatant Command engaged in contingency operations overseas, be used to purchase items having an investment item cost of not more than $500,000.

Sec. 213. Section 3303(c) of Public Law 110-28 shall apply to funds appropriated in this Act.

This Act may be cited as the `Orderly and Responsible Iraq Redeployment Appropriations Act, 2008'.

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