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HR 2642 EASH

In the SenatHouse of the United States,Representatives, U. S.,

September 6, 2007. May 15, 2008.

Resolved, That bill from the the House agree to the amendment of Representativesthe Senate to the bill (H.R. 2642) entitled `An Act 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.'do pass , with the following

AMENDMENT: HOUSE AMENDMENTS TO SENATE AMENDMENT:

Strike out all( 1 ) Page 60 of the Senate engrossed amendment, after line 3, insert the enacting clause and insert:following:

That TITLE X--POLICY REGARDING OPERATIONS IN IRAQ

SENSE OF CONGRESS REGARDING UNITED STATES MILITARY PERSONNEL

Sec. 10001. It is the following sums are appropriated, outsense any money in of the Treasury not otherwise appropriated, forCongress that the performance of United States military construction,personnel should be commended, their courage and sacrifice have been exceptional, and when they come home, their service should be recognized appropriately.

UNITS DEPLOYED FOR COMBAT TO BE FULLY MISSION CAPABLE

Sec. 10002. (a) The Congress finds that it is the policy of the Department of Veterans Affairs, and related agenciesDefense that units should not be deployed for combat unless they are rated `fully mission capable'.

(b) None of the fiscal year ending September 30, 2008, and forunds made available in this or any other purposes, namely: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 AppropriationsTITLE IDEPARTMENT OF DEFENSEMilitary Construction, ArmyFor acquisition, construction, installation, and equipmentthe Committees on Armed Services of temporary or permanent public works, military installations, facilities,he House of Representatives real property for 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 as currently authorizedRegulation 220-1, Subject: Unit Status Reporting, dated December 19, 2006.

(d) The President, by law, including personnelcertifying in writing to the Army CorpCommittees on Appropriations and the Committees on Armed Services of Engineerthe House of Representatives and other personal services necessarythe 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 purposescertification 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. 10003. (a) The Congress finds that it is the policy of this appropriatione Department of Defense that Army, Army Reserve, and National Guard units should not be deployed for constructionmbat beyond 365 days and operationthat Marine Corps and Marine Corps Reserve units should not be deployed for combat beyond 210 days.

(b) None of facilitiesthe funds made available in supporthis 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 functionsdeployment for Operation Iraqi Freedom of--

(1) any unit of the CommanderArmy, 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 Chief, $subsection (b) shall not be construed3,928,149,000, to remain available until September 30, 2012: quire force levels in Iraq to be decreased below the total United States force levels in Iraq asProvided, That of this amount, notJanuary 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 exceed $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 certification317,149,000 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. 10004. (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 availableredeployed for study, planning, design, architect and engineer services,combat if the unit has been deployed within the previous 365 consecutive days and host nation support, as authorized by law, unlessthat a Marine Corps or Marine Corps Reserve unit should not be redeployed for combat if the Secretaryunit has been deployed within the previous 210 days.

(b) None of Defense determinesthe 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 additional obligations are necessaryhas the effect of deploying for Operation Iraqi Freedom of--

(1) any unit of the Army, Army Reserve, or Army National Guard if such purposes and notifiesunit 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 both Housesthe House of CongressRepresentatives and the Senate that the redeployment of a unit to Iraq in advance of the determinationexpiration 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 therefor.why the unit's early redeployment is necessary.

Military Construction, Navy LIMITATION ON INTERROGATION TECHNIQUES

Sec. 10005. (a) No individual in the custody or under the effective control of an element of the intelligence community or instrumentality thereof, regardless of nationality or physical location, shall be subject to any treatment or technique of interrogation not authorized by the United States Army Field Manual on Human Intelligence Collector Operations. (b) 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.

REGISTRATION WITH THE INTERNATIONAL COMMITTEE OF THE RED CROSS

Sec. 10006. (a) None of the funds appropriated or otherwise made available in 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 or an instrumentality thereof unless the International Committee of the Red Cross is provided notification of the detention of and Marine Corpsaccess to such person in a timely mannerFor acquisition, construction, installation, and equipmentconsistent with the practices of temporaryhe Armed Forces of the United States.

(b) For purposes of this section, the term `instrumentality', with respect to an element of the intelligence community, means a contractor or permanent public works, naval installations, facilities,subcontractor at any tier of the element of the intelligence community.

(c) Nothing in this section shall be construed to create or otherwise imply the authority to detain, or 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 real propertyaccess for the Navy and Marine Corps as currently authorizInternational Committee of the Red Cross is required or allowed.

PROHIBITION OF PERMANENT BASES IN IRAQ

Sec. 10007. None of the funds appropriated or otherwise made available in this or any other Act may be obligated or expended by law, including personnelthe 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.

LIMITATION ON DEFENSE AGREEMENTS WITH THE GOVERNMENT OF IRAQ

Sec. 10008. (a) None of the Naval Facilities Engineering Command andfunds appropriated or otherwise made available in this or any other personal services necessaryAct may be used to negotiate, enter into, or implement any agreement with the Government of Iraq that includes security assurances for mutual defense, unless the agreement--

(1) is in the form of a treaty requiring the advice and consent of the Senate (or is intended to take that form in the case of an agreement under negotiation); or

(2) is specifically authorized by a law enacted after the date of enactment of this Act.

(b) For purposes of this appropriation, $2,1section, an agreement shall be considered68,315,000, to remain available until September 30, 2012: include security assurances for mutual defense if it includes provisions addressing any of the following:

Provided, (1) A binding commitment to deploy United States Armed Forces in defense of Iraq, or of any government or faction in Iraq, against any foreign or domestic threat.

That (2) The number of United States Armed Forces personnel to be deployed to, or stationed in, Iraq.

(3) The mission of United States Armed Forces deployed to Iraq.

(4) The duration of the presence of United States Armed Forces in Iraq.

PROHIBITION ON AGREEMENTS SUBJECTING ARMED FORCES TO IRAQI CRIMINAL JURISDICTION

Sec. 10009. None of the funds appropriated or otherwise made available in this amount, notor any other Act may be used to exceed $11negotiate, 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.

5,258 REQUIREMENT FOR MATCHING FUNDS FROM GOVERNMENT OF IRAQ

,000 Sec. 10010. (a) Notwithstanding any other provision of law, funds appropriated or otherwise made available in this or any other Act for assistance for Iraq, including training, capacity building, and construction and repair of infrastructure, shall be available only to the extent that the Government of Iraq matches such assistance on a dollar-for-dollar basis.

(b) subsection (a) shall not apply to--

(1) grants and cooperative agreements for study, planning, design,programs to promote democracy and architecthuman rights;

(2) the Community Action Program and engineer services, as authorized by law, unlessother direct assistance to non-governmental organizations;

(3) humanitarian demining;

(4) assistance for refugees, internally displaced persons, and civilian victims of military operations;

(5) intelligence or intelligence-related activities; or

(6) projects with an estimated cost of less than $750,000 undertaken through the Commander's Emergency Response Program.

(c) The Secretary of Defense determines that additional obligations are necessary for such purposesState and notifiesthe Secretary of Defense shall certify to the Committees on Appropriations both Houses of Congress of of the determination and the reasons thereforHouse.Military Construction, Air ForceFor acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, facilities,Representatives and real property forSenate, prior to the Air Force as currently authorizedinitial obligation by law, $their respective Departments of funds covered by the limitation in subsection (a), that the Government of Iraq has committed1,048,518,000, to remain available untilobligate matching funds on a dollar-for-dollar basis. The Secretary of State shall submit a report to the Committees on Appropriations not later than September 30, 2012: 09 detailing the amountsProvided, That of this amount, notfunds obligated and expended by the Government of Iraq to exceed $meet the requirements of this section.

64,958 (d) Not later than 45 days after enactment of this Act, the Secretary of State,000 shall be available for study, planning, desigsubmit a report to the Committees on Appropriations detailing the amounts provided by the Government of Iraq since June 30, 2004, to assist Iraqi refugees in Syria, Jordan, and architectelsewhere, and engineer services, as authorizthe amount of such assistance the Government of Iraq plans to provide in fiscal year 2008. The Secretary shall work expeditiously with the Government of Iraq to establish an account within its annual budget sufficient to, at a minimum, match United States contributions on a dollar-for-dollar basis to organizations and programs for the purpose of assisting Iraqi refugees.

(e) As part of the report required by law, unlesssection 609 of division L of the Consolidated Appropriations Act, 2008 (Public Law 110-161), the Secretary of Defense determines that additional obligations are necessaryshall submit to Congress a report on the most recent annual budget such purposes and notifies for the Committees on AppropriationsGovernment of both HousesIraq, including--

(1) a description of Congressamounts budgeted for support of the determinationIraqi security and police forces and an assessment of how planned funding will impact the reasons therefortraining, equipping.Military Construction, Defense-Wide(INCLUDING TRANSFER OF FUNDS)For acquisition, construction, installation, and equipmentoverall readiness of temporaryhose 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 permanent public works, installations, facilities,deficit, if applicable.

PARTIAL REIMBURSEMENT FROM IRAQ FOR FUEL COSTS

Sec. 10011. (a) None of the funds made available in this Act under the heading `Operation and real propertyMaintenance, Defense-Wide' for activities and agenciesthe Office of the DepartmentSecretary of Defense (other thanor Washington Headquarters Services may be obligated or expended until the military departments), as currently authorizagreement described in subsection (b)(1) is complete and the report required by law, $1,subsection (b)(2) has been transmitted758,755,000, to remain available until September 30, 2012: 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 tProvided, That such amountswaiver is in the national security interests of the United States.

(b) Not later than 90 days after enactment of this appropriation as mayAct, 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 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.

TIMETABLE FOR REDEPLOYMENT OF UNITED STATES FORCES FROM IRAQ

Sec. 10012. (a) Notwithstanding any other provision of law, funds appropriated or otherwise made available in this Act may be transferrused to plan and execute a safe and orderly redeployment of United States Armed Forces from Iraq.

(b) Within 30 days after enactment of this Act, the President shall commence an immediate and orderly redeployment of United States Armed Forces from Iraq, with a goal of completing such appropriationredeployment within 18 months. The President shall endeavor to begin such redeployment with units of the DepartmentArmed Forces that have been deployed in excess of Defense availabl365 days, except to the extent those units are needed to provide for military constructionthe safe withdrawal of other units of the Armed Forces or family housing asto protect United States and Coalition personnel and infrastructure.

(c) After completion of the Secretaryredeployment required by subsection (b), members of the United States Armed Forces designate, to may be mergdeployed to, or maintained in, Iraq only to the extent necessary to carry out the following missions:

(1) Protecting the diplomatic facilities, Armed Forces, and citizens of the United States in Iraq.

(2) Conducting limited training of, equipping, and providing logistical and intelligence support to, Iraqi security forces.

(3) Engaging in targeted counterterrorism operations against al-Qaeda, groups affiliated with al-Qaeda, and other terrorist organizations in Iraq.

(d) Not later than July 1, 2008, and every 90 days thereafter, the Secretary of Defense shall submit be available for to the same purposes, andcongressional defense committees a report setting forth the following:

(1) The current plan for and the same time period, astatus of the appropriation or fund to which transferred: reductionProvided further, That of United States Armed Forces in Iraq and the amount appropriated, nottransition of the Armed Forces in Iraq to a limited presence whose missions do not exceed $154,728,000 shall be available for study, planning, design,the missions specified in subsection (c), including the associated force reductions and architectdjustments and expectations with respect to timelines engineer services, as authorized by law, unless and the Secretaryforce levels anticipated to perform those missions.

(2) A comprehensive current description of Defense determines that additional obligations are necessaryefforts to prepare for the reduction and transition of United States Armed Forces in Iraq in accordance with this section and to limit any destabilizing consequences of such purposesreduction and notifiestransition, including a description of efforts to work with the United Nations and countries in the region toward that objective.

(e) Not later than 45 days after enactment of this Act, the Secretary of State shall provide to the Committees on Appropriations of both Housesthe House of CongressRepresentatives and Senate a strategy for civilian-led post-conflict stabilization and reconstruction assistance for Iraq. The strategy (which may be provided in classified form if necessary) shall include--

(1) the plans and timetable for transfer of all responsibility for United States post-conflict stabilization and reconstruction assistance from the determinationDepartment of Defense to the Department of State and the reasons thereforUnited States Agency for International Development; and

. (2) the staff, securityMilitary Construction, Army National GuardFor construction, acquisition, expansion, rehabilitation, and conversionresource requirements for United States diplomatic efforts and assistance programs in Iraq.

TITLE XI--REFORMS RELATED TO WAR PROFITEERING AND CONTRACTORS

CHAPTER 1--ADJUSTMENT OF WARTIME STATUTE OF LIMITATIONS

ADJUSTMENT OF WARTIME STATUTE OF LIMITATIONS

Sec. 11101. Section 3287 of facilitiestitle 18, United States Code, is amended--

(1) by inserting `or Congress has enacted a specific authorization for the traininguse 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 administrationinserting `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 Army National Guard,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)).'.

CHAPTER 2--WAR PROFITEERING AND FRAUD

WAR PROFITEERING AND FRAUD

Sec. 11201. (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 contributions therefor,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 1803211 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 10is 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 Military Construction Authorization Acts, $4inserting `1030, or 1041'.

78,836 (c) Money Laundering- Section 1956(c)(7)(D) of title 18, United States Code, is amended by inserting `section 1041 (relating,000, to remain available until September 30, 2012.war profiteeringMilitary Construction, Air National GuardFor construction, acquisition, expansion, rehabilitation, and conversionfraud),' after `liquidating agent of facilities for the traininancial institution),'.

(d) RICO- Section 1961(1) of title 18, United States Code, is amended by inserting `section 1041 (relating to war profiteering and administrationfraud),' after `in connection with access devices),'.

CHAPTER 3--MILITARY EXTRATERRITORIAL JURISDICTION

SHORT TITLE

Sec. 11301. This chapter may be cited as the `MEJA Expansion and Enforcement Act of 2008'.

LEGAL STATUS OF CONTRACT PERSONNEL

Sec. 11302. (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 Air National Guard,end;

(B) in paragraph (2), by striking the comma at the end and contributions therefor,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 authorized security officer or security contractor by chapter 1803any Department or agency of the United States other than the Armed Forces,'.

(2) DEFINITIONS- Section 3267 of title 108, United States Code, is amended--

(A) in paragraph (1), by striking subparagraph (A) and Military Construction Authorization Acts, $inserting the following new subparagraph:

228,995 `(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--

,000, `(i) a civilian employee (including an employee from any other Executive agency on temporary assignment to remain available until September 30, 2012.the DepartmentMilitary Construction, Army ReserveFor construction, acquisition, expansion, rehabilitation, and conversion of facilities forDefense);

`(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 training and administrationend the following new paragraphs:

`(5) The term `employed by any Department or agency of the Army ReserveUnited 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 chapter 1803section 930(g)(2) of this chapter;

`(iii) to use force against another; or

`(iv) to supervise individuals performing the activities described in clause (i), (ii) or (iii);

`(C) present or residing outside the United States in connection with such employment; and

`(D) not a national of or ordinarily resident in the host nation.

`(7) The term `qualifying military operation' means--

`(A) a military operation covered by a declaration of war or an authorization of the use of military force by Congress;

`(B) a contingency operation (as defined in section 101 of title 10); or

`(C) any other military operation outside of the United States, including a humanitarian assistance or peace keeping operation, provided such operation is conducted pursuant to an order from or approved by the Secretary of Defense.'.

(b) Department of Justice Inspector General Report-

(1) REPORT REQUIRED- Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Department of Justice, in consultation with the Inspectors General of the Department of Defense, the Department of State, the United States Agency for International Development, the Department of Agriculture, the Department of Energy, and other appropriate Federal departments and agencies, shall submit to Congress a report in accordance with this subsection.

(2) CONTENT OF REPORT- The report under paragraph (1) shall include, for the period beginning on October 1, 2001, and ending on the date of the report--

(A) unless the description pertains to non-public information that relates to an ongoing investigation or criminal or civil proceeding under seal, a description of any alleged violations of section 3261 of title 18, United States Code, reported to the Inspector Generals identified in paragraph (1) or the Department of Justice, including--

(i) the date of the complaint and Military Construction Authorization Acts, $1the type of offense alleged;

38,42 (ii) whether any investigation was opened or declined based on the complaint;

4,000, (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 remain available until September 30, 2012.non-public information that relates to an ongoing investigation or criminal or civil proceeding under sealMilitary Construction, Navy ReserveFor construction, acquisition, expansion, rehabilitation, and converswith appropriate safeguards for the protection of facilitienational 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.

INVESTIGATIVE UNITS FOR CONTRACTOR OVERSIGHT

Sec. 11303. (a) Establishment of Investigative Units for Contractor Oversight-

(1) IN GENERAL- The Attorney General, in consultation with the trainingSecretary of Defense, the Secretary of State, the Secretary of Homeland Security, and administrationthe 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 reserve componentsArmed 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 11302(a) of this chapter); and

(B) may authorize the Navyoverseas deployment of law enforcement agents and Marine Corpsother 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 authorized by chapter 1803ppropriate 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 108, United States Code, and Military Construction Authorization Acts, $shall have the authority59,150,000, to remain available until September 30, 2012.initiate, conduct, and supervise investigations of any alleged violations of such sections 3261(a)(3) and 3261(a)(4).

Military Construction, Air Force Reserve (2) ASSISTANCE ON REQUEST(INCLUDING RESCISSION OF FUNDS)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 chapter. This requested assistance may include the assignment of additional personnelFor construction, acquisition, expansion, rehabilitation, and conversionresources 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 facilitiesenactment 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 trainingprevious year;

(B) the number and administrationlocation of Investigative Units for Contractor Oversight deployed to investigate violations of such sections 3261(a)(3) and 3261(a)(4) during the Air Force Reserve as authorizedprevious year; and

(C) any recommended changes to Federal law that the Attorney General considers necessary to enforce this chapter and the amendments made by this chapter 1803and chapter 212 of title 108, United States Code.

REMOVAL PROCEDURES FOR NON-DEPARTMENT OF DEFENSE EMPLOYEES AND CONTRACTORS

Sec. 11304. (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 Military Construction Authorization Acts, $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 subject27,559,000, to remain available until September 30, 2012: the criminal jurisdictionProvided, That of the funds appropriated for `Military Construction, Air Force Reserve'United States under Public Law 109-114, $3,those sections.'.

100 (b) Clarifying and Conforming Amendments-

,000 are hereby rescinded. (1) IN GENERAL- Chapter 212 of title 18, United States Code, is amended--

North Atlantic Treaty Organization (A) in section 3261(a)--

S (i) by inserting `against the United States' after `offense' the first time it appears; and

ECURITY INVESTMENT PROGRAM (ii) by inserting `withinFor the United States shareor' after `had been engaged in';

(B) 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 cosDepartment of Defense, the North Atlantic Treaty Organization Security Investment Program forDepartment State, or any other Executive agency to arrest, in accordance with applicable international agreements, outside the acquisitionUnited States any person described in section 3261(a) if there is probable cause to believe that such person violated section 3261(a).';

(C) in section 3263(a), by striking `section 3261(a)' the first place it appears and constructioninserting `section 3261(a)(1) or 3261(a)(2)';

(D) in section 3264(a), by inserting `described in section 3261(a)(1) or 3261(a)(2)' before `arrested';

(E) section 3265(a)(1) by inserting `described in section 3261(a)(1) or 3261(a)(2)' before `arrested'; and

(F) 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 military facilitiestitle 18, United States Code, is amended by striking `section 3261(a)' and installations (including international military headquarters)erting `section 3261(a)(1) or 3261(a)(2)'.

RULES OF CONSTRUCTION

Sec. 11305. (a) In General- Nothing in this chapter or the amendments made by this chapter shall apply to authorized and for related expenses forotherwise lawful intelligence activities carried out by or at the collectivedirection of the United States.

(b) Defenses- Nothing in this section shall be construed to limit or extinguish any defense or protection otherwise available to any person or entity from suit, civil or criminal liability, or damages, or to provide immunity from prosecution for any criminal offense by the proper authorities.

(c) Existing Extraterritorial Jurisdiction- Nothing in this chapter or the amendments made by this chapter shall be construed to limit or affect the extraterritorial jurisdiction related to any Federal statute not amended by this chapter.

DEFINITION

Sec. 11306. For purposes of this chapter and the North Atlantic Treaty Area as authorizedamendments made by this chapter, the term `Executive agency' has the meaning given in section 2806105 of title 105, United States Code,.

EFFECTIVE DATE

Sec. 11307. (a) Immediate Effectiveness- The provisions of this chapter shall enter into effect immediately upon the enactment of this Act.

(b) Implementation- The Attorney General and Military Construction Authorization Acts, $201,400,000,the head of any other Federal department or agency to remain available until expended.which this chapter applies shall have 90 days after the dateFamily Housing Construction, ArmyFor expenses of family housingthe enactment of this Act to ensure compliance with the provisions of this chapter.

( 2 ) Page 1 of the Senate engrossed amendment, strike line 1 and all that follows through the end of line 21 on page 59, and insert the following:

That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Armyfiscal year ending September 30, 2008, and for construction, including acquisition, replacement, addition, expansion, extensionother purposes, namely:

TITLE I--MILITARY CONSTRUCTION, VETERANS AFFAIRS, INTERNATIONAL AFFAIRS, AND OTHER SECURITY-RELATED MATTERS

CHAPTER 1--AGRICULTURE

DEPARTMENT OF AGRICULTURE

Foreign Agricultural Service

public law 480 title ii grants

For an additional amount for `Public Law 480 Title II Grants', $850,000,000, to remain available until expended.

For an additional amount for `Public Law 480 Title II Grants', $395,000,000, to become available on October 1, 2008, and alteration, as authorized by law, $419,4to remain available until expended.

CHAPTER 2--COMMERCE, JUSTICE, AND SCIENCE

DEPARTMENT OF JUSTICE

Office of Inspector General

For an additional amount for `Office of Inspector General', $4,000,000, to remain available until September 30, 2012.09.

Family Housing Operation Legal Activities

salaries and Maintenance, Armyexpenses, general legal activities

For expenses of family housing for the Army for operation For an additional amount for `Salaries and maintenance, including debt payment, leasing, minor construction, principalExpenses, General Legal Activities', $1,648,000, to remain available until September 30, 2009.

salaries and interest charges,expenses, united states attorneys

For an additional amount for `Salaries and insurance premiums, as authorized by law, $742,920,000.Expenses, United States Attorneys', $5,000,000, to remain available until September 30, 2009.

Family Housing Construction, Navy United States Marshals Service

salaries and Marine Corpsexpenses

For expenses For an additional amount for `Salaries and Expenses', $18,621,000, to remain available until September 30, 2009.

Federal Bureau of family housing for the NavyInvestigation

salaries and Marine Corps for construction, including acquisition, replacement, addition, expansion, extension,expenses

For an additional amount for `Salaries and alteration, as authorized by law, $2Expenses', $92,1688,329,000, to remain available until September 30, 2012.09.

Family Housing Operation For an additional amount for `Salaries and Maintenance, NavyExpenses', $82,600,000, to become available on October 1, 2008, and Marine Corpsto remain available until September 30, 2009.

For expenses of family housing for the Navy Drug Enforcement Administration

salaries and Marine Corps for operationexpenses

For an additional amount for `Salaries and maintenance, including debt payment, leasing, minor construction, principalExpenses', $12,166,000, to remain available until September 30, 2009.

Bureau of Alcohol, Tobacco, Firearms and interest charges,Explosives

salaries and insurance premiums, as authorized by law, $371,404,000.expenses

Family Housing Construction, Air Force For an additional amount for `SalariesFor expenses of family housing for the Air Force for construction, including acquisition, replacement, addition, expansion, extension, and alteration, as authorized by law, $362,747Expenses', $4,000,000, to remain available until September 30, 2012.09.

Family Housing Operation Federal Prison System

salaries and Maintenance, Air Forceexpenses

For expenses For an additional amount for `Salaries and Expenses', $9,100,000, to remain available until September 30, 2009.

CHAPTER 3--MILITARY CONSTRUCTION AND VETERANS AFFAIRS

DEPARTMENT OF DEFENSE

Military Construction, Army

For an additional amount for `Military Construction, Army', $1,432,700,000, to remain available until September 30, 2009: Provided, That notwithstanding any other provision of family housing for the Air Force for operationlaw, such funds may be obligated and maintenance, including debt payment, leasing, minor construction, principalexpended to carry out planning and interest charges,design and insurance premiums, asmilitary construction projects not otherwise authorized by law, $688,335,000.: Family Housing Operation and Maintenance, Defense-WideProvided furtherFor expenses, That family housing for of the activitiesfunds provided under this heading, not to exceed $73,400,000 shall be available for study, planning, design, and agenciesrchitect and engineer services: Provided further, That of the Departmentfunds made available under this heading, $72,000,000 shall not be obligated or expended until after that date on which the Secretary of Defense (other than the military departments)submits a detailed spending plan, including a 1391 form for operation and maintenance, leasing,each facilities replacement project, to the Committees on Appropriations of the House of Representatives and minor construction, as authorized by law, $48,848,000.Senate: DepartmenProvided further, That Defense Family Housing Improvement FundFor of the Departmentfunds provided under this heading, $533,700,000 shall not be obligated or expended until the Secretary of Defense Family Housing Improvement Fund, $500,000,certifies that none of the funds are to remain available until expended,be used for family housing initiatives undertaken pursuant to section 2883the purpose of providing facilities for the permanent basing title 10, of United States Code, providing alternative meansmilitary personnel in Iraq.

Military Construction, Navy and Marine Corps

For an additional amount for `Military Construction, Navy and Marine Corps', $423,357,000, to remain available until September 30, 2009: Provided, That notwithstanding any other provision of acquiringlaw, such funds may be obligated and expended to carry out planning and design improving and military family housingconstruction projects not otherwise authorized by law: Provided further, That of the funds provided under this heading, not to exceed $15,843,000 shall be available for study, planning, design, and supporting facilities.architect and engineer services.

Chemical DemilitarizationMilitary Construction, Defense-WideAir Force

For expenses For an additional amount for `Military Construction, Air Force', $409,627,000, to remain available until September 30, 2009: Provided, That notwithstanding any other provision of construction,law, such funds may be obligated and expended to carry out planning and design and military construction projects not otherwise authorized by law: Provided further, That of the funds provided for, necessaryunder this heading, not to exceed $36,427,000 shall be available for the destructionstudy, planning, design, and architect and engineer services: Provided further, That of the United States stockpilefunds provided under this heading, $58,300,000 shall not be obligated or expended until the Secretary of lethal chemical agents and munitions in accordance Defense certifies that nonewith section 1412 of the Departmentfunds are to be used for the purpose of Defense Authorization Act, 1986 (providing facilities50 U.S.C. 1521), and for the destructionpermanent basing of United States military personnel in Iraq.

Military Construction, Defense-Wide

For an additional amount for `Military Construction, Defense-Wide', $1,009,600,000, to remain available until September 30, 2009: Provided, That notwithstanding any other chemical warfare materials that areprovision of law, such funds may be obligated and expended to carry out planning and design and military construction projects not in the chemical weapon stockpile, as currentlyotherwise authorized by law, $: 104Provided further,17, That of the funds provided, $982,000,000 shall be for medical treatment facilities construction (including planning and design) and shall remain available until September 30, 2012.

Family Housing Construction, Navy and Marine Corps

For an additional amount for `Family Housing Construction, Navy and Marine Corps,' $11,766,000, to remain available until September 30, 201209: , which shallProvided, That notwithstanding any other provision of law, such funds may be onlybligated and expended to carry out planning and design and military construction projects not otherwise authorized by law for the Assembled Chemical Weapons Alternatives program.

Department of Defense Base Closure Account 19902005

For deposit into the Department of Defense Base Closure Account 19902005, established by section 2906A(a)(1) of the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), $321,354,6340,689,000, to remain available until expended.: DepartmentProvided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and military construction projects not otherwise authorized by law.

DEPARTMENT OF VETERANS AFFAIRS

Departmental Administration

general operating expenses

For an additional amount for `General Operating Expenses', $100,000,000, to remain available until September 30, 2009.

information technology systems

For an additional amount for `Information Technology Systems', $20,000,000, to remain available until September 30, 2009.

GENERAL PROVISION, THIS CHAPTER

Sec. 1301. None Defense Base Closure Account 2005For deposit into of the Departmentfunds appropriated in this or any other Act may be used to terminate, reorganize, or relocate the Armed Forces Institute of Defense Base Closure Account 2005, establishPathology until the President has established, as required by section 2906A(a)(1)722 of the National Defense Base Closure and RealignmentAuthorization Act of 1990 (for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 199; 10 U.S.C. 2687176 note), $8,174,315a Joint Pathology Center.

CHAPTER 4--DEPARTMENT OF STATE AND FOREIGN OPERATIONS

SUBCHAPTER A--SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 2008

DEPARTMENT OF STATE

Administration of Foreign Affairs

diplomatic and consular programs