Appropriations for Department of Defense and Military Programs, Fiscal Year 2009
This is from the White House's suggested legislative text for the 2009 foreign aid appropriation (PDF). It suggests changes to the text of the 2008 foreign aid bill. Sections the White House wishes to delete are indicated by square brackets [ ].
DEPARTMENT OF DEFENSE—MILITARY
OPERATION AND MAINTENANCE
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE
(INCLUDING TRANSFER OF FUNDS)
For drug interdiction and counter-drug activities of the Department of Defense, for transfer to appropriations available to the Department of Defense for military personnel of the reserve components serving under the provisions of title 10 and title 32, United States Code; for operation and maintenance; for procurement; and for research, development, test and evaluation, [$984,779,000] $1,060,463,000: Provided, That the funds appropriated under this heading shall be available for obligation for the same time period and for the same purpose as the appropriation to which transferred: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority contained else- where in this Act. (Department of Defense Appropriations Act, 2008.) [For an additional amount for ‘‘Drug Interdiction and Counter- Drug Activities, Defense’’, $192,601,000.] (Emergency Supplemental Appropriations Act for Defense, 2008.)
OVERSEAS HUMANITARIAN, DISASTER, AND CIVICAID
For expenses relating to the Overseas Humanitarian, Disaster, and Civic Aid programs of the Department of Defense (consisting of the programs provided under sections 401, 402, 404, 407, 2557, and 2561 of title 10, United States Code), [$103,300,000, of which $63,300,000 shall] $83,273,000, to remain available until September 30,  2010 [, and of which $40,000,000 shall be available solely for foreign disaster relief and response activities and shall remain available until September 30, 2010].2008.)
TITLE VIII—GENERAL PROVISIONS
(TRANSFER OF FUNDS)
SEC.  8003. Upon determination by the Secretary of Defense that such action is necessary in the national interest, he may, with the approval of the Office of Management and Budget, transfer not to exceed [$3,700,000,000] $5,000,000,000 of working capital funds of the Department of Defense or funds made available in this Act to the Department of Defense for military functions (except military construction) between such appropriations or funds or any subdivision thereof, to be merged with and to be available for the same purposes, and for the same time period, as the appropriation or fund to which transferred: … [: Pro- vided further, That no obligation of funds may be made pursuant to section 1206 of Public Law 109–163 (or any successor provision) unless the Secretary of Defense has notified the congressional defense committees prior to any such obligation].
SEC.  8031. (a) None of the funds made available by this Act may be used to support any training program involving a unit of the security forces of a foreign country if the Secretary of Defense has received credible information from the Department of State that the unit has committed a gross violation of human rights, unless all necessary corrective steps have been taken.
(b) The Secretary of Defense, in consultation with the Secretary of State, shall ensure that prior to a decision to conduct any training program referred to in subsection (a), full consideration is given to all credible information available to the Department of State relating to human rights violations by foreign security forces.
(c) The Secretary of Defense, after consultation with the Secretary of State, may waive the prohibition in subsection (a) if he determines that such waiver is required by extraordinary circumstances.
(d) Not more than 15 days after the exercise of any waiver under subsection (c), the Secretary of Defense shall submit a report to the congressional defense committees describing the extraordinary circumstances, the purpose and duration of the training program, the United States forces and the foreign security forces involved in the training program, and the informationrights violations that necessitates the waiver.