H.R. 3222 — Department of Defense Appropriations Act, 2008

[110th Congress Public Law 116]
[From the U.S. Government Publishing Office]


[DOCID: f:publ116.110]

[[Page 121 STAT. 1295]]

Public Law 110-116
110th Congress

                                 An Act


 
Making appropriations for the Department of Defense for the fiscal year 
  ending September 30, 2008, and for other purposes. <<NOTE: Nov. 13, 
                         2007 -  [H.R. 3222]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Table of contents.
Sec. 2. References.

                 DIVISION A--DEPARTMENT OF DEFENSE, 2008

Title I--Military Personnel
Title II--Operation and Maintenance
Title III--Procurement
Title IV--Research, Development, Test and Evaluation
Title V--Revolving and Management Funds
Title VI--Other Department of Defense Programs
Title VII--Related Agencies
Title VIII--General Provisions

           DIVISION B--FURTHER CONTINUING APPROPRIATIONS, 2008

SEC. 2. <<NOTE: 1 USC 1 note.>> REFERENCES.

    Except as expressly provided otherwise, any reference to ``this 
Act'' contained in any division of this Act shall be treated as 
referencing only to the provisions of that division.

 DIVISION A <<NOTE: Department of Defense Appropriations Act, 2008.>> --
DEPARTMENT OF DEFENSE

    That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2008, for military functions administered by the 
Department of Defense and for other purposes, namely:

                                 TITLE I

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Army on active duty, (except members of reserve components provided 
for elsewhere), cadets, and aviation cadets; for members of the Reserve 
Officers' Training Corps; and

[[Page 121 STAT. 1296]]

for payments pursuant to section 156 of Public Law 97-377, as amended 
(42 U.S.C. 402 note), and to the Department of Defense Military 
Retirement Fund, $31,535,016,000.

                        Military Personnel, Navy

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Navy on active duty (except members of the Reserve provided for 
elsewhere), midshipmen, and aviation cadets; for members of the Reserve 
Officers' Training Corps; and for payments pursuant to section 156 of 
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the 
Department of Defense Military Retirement Fund, $23,318,476,000.

                    Military Personnel, Marine Corps

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Marine Corps on active duty (except members of the Reserve provided 
for elsewhere); and for payments pursuant to section 156 of Public Law 
97-377, as amended (42 U.S.C. 402 note), and to the Department of 
Defense Military Retirement Fund, $10,280,180,000.

                      Military Personnel, Air Force

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Air Force on active duty (except members of reserve components 
provided for elsewhere), cadets, and aviation cadets; for members of the 
Reserve Officers' Training Corps; and for payments pursuant to section 
156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and to the 
Department of Defense Military Retirement Fund, $24,194,914,000.

                         Reserve Personnel, Army

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army Reserve on active duty under 
sections 10211, 10302, and 3038 of title 10, United States Code, or 
while serving on active duty under section 12301(d) of title 10, United 
States Code, in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty or other duty, 
and expenses authorized by section 16131 of title 10, United States 
Code; and for payments to the Department of Defense Military Retirement 
Fund, $3,684,610,000.

[[Page 121 STAT. 1297]]

                         Reserve Personnel, Navy

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Navy Reserve on active duty under 
section 10211 of title 10, United States Code, or while serving on 
active duty under section 12301(d) of title 10, United States Code, in 
connection with performing duty specified in section 12310(a) of title 
10, United States Code, or while undergoing reserve training, or while 
performing drills or equivalent duty, and expenses authorized by section 
16131 of title 10, United States Code; and for payments to the 
Department of Defense Military Retirement Fund, $1,790,136,000.

                     Reserve Personnel, Marine Corps

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Marine Corps Reserve on active 
duty under section 10211 of title 10, United States Code, or while 
serving on active duty under section 12301(d) of title 10, United States 
Code, in connection with performing duty specified in section 12310(a) 
of title 10, United States Code, or while undergoing reserve training, 
or while performing drills or equivalent duty, and for members of the 
Marine Corps platoon leaders class, and expenses authorized by section 
16131 of title 10, United States Code; and for payments to the 
Department of Defense Military Retirement Fund, $583,108,000.

                      Reserve Personnel, Air Force

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air Force Reserve on active duty 
under sections 10211, 10305, and 8038 of title 10, United States Code, 
or while serving on active duty under section 12301(d) of title 10, 
United States Code, in connection with performing duty specified in 
section 12310(a) of title 10, United States Code, or while undergoing 
reserve training, or while performing drills or equivalent duty or other 
duty, and expenses authorized by section 16131 of title 10, United 
States Code; and for payments to the Department of Defense Military 
Retirement Fund, $1,363,779,000.

                     National Guard Personnel, Army

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army National Guard while on duty 
under section 10211, 10302, or 12402 of title 10 or section 708 of title 
32, United States Code, or while serving on duty under section 12301(d) 
of title 10 or section 502(f) of title 32, United States Code, in 
connection with performing duty specified in section 12310(a) of title 
10, United States Code, or while undergoing training, or while 
performing drills or equivalent duty or other duty, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$5,924,699,000.

[[Page 121 STAT. 1298]]

                   National Guard Personnel, Air Force

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air National Guard on duty under 
section 10211, 10305, or 12402 of title 10 or section 708 of title 32, 
United States Code, or while serving on duty under section 12301(d) of 
title 10 or section 502(f) of title 32, United States Code, in 
connection with performing duty specified in section 12310(a) of title 
10, United States Code, or while undergoing training, or while 
performing drills or equivalent duty or other duty, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$2,617,319,000.

                                TITLE II

                        OPERATION AND MAINTENANCE

                     Operation and Maintenance, Army


                      (including transfer of funds)


    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Army, as authorized by law; and not to 
exceed $11,478,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Secretary 
of the Army, and payments may be made on his certificate of necessity 
for confidential military purposes, $27,361,574,000: Provided, That, 
notwithstanding any other provision of law, up to $12,500,000 may be 
transferred to ``U.S. Army Corps of Engineers, Operation and 
Maintenance'' for expenses related to the dredging of the Hudson River 
Channel and its adjacent areas, to be merged with and to be available 
for the same time period as the appropriations to which transferred: 
Provided further, That the transfer authority provided in this paragraph 
shall be in addition to any other transfer authority elsewhere provided 
in this Act.

                     Operation and Maintenance, Navy

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Navy and the Marine Corps, as 
authorized by law; and not to exceed $6,257,000 can be used for 
emergencies and extraordinary expenses, to be expended on the approval 
or authority of the Secretary of the Navy, and payments may be made on 
his certificate of necessity for confidential military purposes, 
$33,087,650,000.

                 Operation and Maintenance, Marine Corps

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Marine Corps, as authorized by law, 
$4,792,211,000.

                  Operation and Maintenance, Air Force

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Air Force, as authorized by law; and 
not to exceed $7,699,000 can be used for emergencies and

[[Page 121 STAT. 1299]]

extraordinary expenses, to be expended on the approval or authority of 
the Secretary of the Air Force, and payments may be made on his 
certificate of necessity for confidential military purposes, 
$32,176,162,000.

                 Operation and Maintenance, Defense-Wide


                      (including transfer of funds)


    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of activities and agencies of the Department 
of Defense (other than the military departments), as authorized by law, 
$22,693,617,000: Provided, That not more than $25,000,000 may be used 
for the Combatant Commander Initiative Fund authorized under section 
166a of title 10, United States Code: Provided further, That not to 
exceed $36,000,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Secretary 
of Defense, and payments may be made on his certificate of necessity for 
confidential military purposes: Provided further, That of the funds 
provided under this heading, not less than $27,380,000 shall be made 
available for the Procurement Technical Assistance Cooperative Agreement 
Program, of which not less than $3,600,000 shall be available for 
centers defined in 10 U.S.C. 2411(1)(D): Provided further, That of the 
funds provided under this heading, not less than $582,643,000 shall be 
available only for the Combatant Commander's Exercise Engagement and 
Training Transformation program: Provided further, That none of the 
funds appropriated or otherwise made available by this Act may be used 
to plan or implement the consolidation of a budget or appropriations 
liaison office of the Office of the Secretary of Defense, the office of 
the Secretary of a military department, or the service headquarters of 
one of the Armed Forces into a legislative affairs or legislative 
liaison office: Provided further, That, notwithstanding section 130(a) 
of title 10, United States Code, not less than $41,293,000 shall be 
available for the Office of the Undersecretary of Defense, Comptroller 
and Chief Financial Officer: Provided further, That $4,000,000, to 
remain available until expended, is available only for expenses relating 
to certain classified activities, and may be transferred as necessary by 
the Secretary to operation and maintenance appropriations or research, 
development, test and evaluation appropriations, to be merged with and 
to be available for the same time period as the appropriations to which 
transferred: Provided further, That any ceiling on the investment item 
unit cost of items that may be purchased with operation and maintenance 
funds shall not apply to the funds described in the preceding proviso: 
Provided further, That of the funds provided under this heading, 
$247,000,000 shall be available for National Guard support to the 
Department of Homeland Security, including operating surveillance 
systems, analyzing intelligence, installing fences and vehicle barriers, 
building patrol roads, and providing training: Provided further, That 
the Secretary of Defense may transfer the funds described in the 
preceding proviso to appropriations for military personnel, operation 
and maintenance, and procurement to be available for the same purposes 
as the appropriation or fund to which transferred, and 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,

[[Page 121 STAT. 1300]]

to be merged with and made available for the same purposes and for the 
time period provided under this heading: Provided further, 
<<NOTE: Deadline. Notification.>> That the Secretary of Defense shall, 
not more than five days after making transfers from this appropriation 
for the purpose of support to the Department of Homeland Security, 
notify the congressional defense committees in writing of any such 
transfer: Provided further, That the transfer authority provided under 
this heading is in addition to any other transfer authority provided 
elsewhere in this Act.

                 Operation and Maintenance, Army Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Army Reserve; repair of facilities and equipment; 
hire of passenger motor vehicles; travel and transportation; care of the 
dead; recruiting; procurement of services, supplies, and equipment; and 
communications, $2,510,022,000.

                 Operation and Maintenance, Navy Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Navy Reserve; repair of facilities and equipment; 
hire of passenger motor vehicles; travel and transportation; care of the 
dead; recruiting; procurement of services, supplies, and equipment; and 
communications, $1,148,083,000.

             Operation and Maintenance, Marine Corps Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Marine Corps Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $208,637,000.

              Operation and Maintenance, Air Force Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Air Force Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $2,815,417,000.

             Operation and Maintenance, Army National Guard

    For expenses of training, organizing, and administering the Army 
National Guard, including medical and hospital treatment and related 
expenses in non-Federal hospitals; maintenance, operation, and repairs 
to structures and facilities; hire of passenger motor vehicles; 
personnel services in the National Guard Bureau; travel expenses (other 
than mileage), as authorized by law for Army personnel on active duty, 
for Army National Guard division, regimental, and battalion commanders 
while inspecting units in compliance with National Guard Bureau 
regulations when specifically authorized by the Chief, National Guard 
Bureau; supplying

[[Page 121 STAT. 1301]]

and equipping the Army National Guard as authorized by law; and expenses 
of repair, modification, maintenance, and issue of supplies and 
equipment (including aircraft), $5,764,858,000.

              Operation and Maintenance, Air National Guard

    For expenses of training, organizing, and administering the Air 
National Guard, including medical and hospital treatment and related 
expenses in non-Federal hospitals; maintenance, operation, and repairs 
to structures and facilities; transportation of things, hire of 
passenger motor vehicles; supplying and equipping the Air National 
Guard, as authorized by law; expenses for repair, modification, 
maintenance, and issue of supplies and equipment, including those 
furnished from stocks under the control of agencies of the Department of 
Defense; travel expenses (other than mileage) on the same basis as 
authorized by law for Air National Guard personnel on active Federal 
duty, for Air National Guard commanders while inspecting units in 
compliance with National Guard Bureau regulations when specifically 
authorized by the Chief, National Guard Bureau, $5,468,710,000.

           United States Court of Appeals for the Armed Forces

    For salaries and expenses necessary for the United States Court of 
Appeals for the Armed Forces, $11,971,000, of which not to exceed $5,000 
may be used for official representation purposes.

                     Environmental Restoration, Army


                      (including transfer of funds)


    For the Department of the Army, $439,879,000, to remain available 
until transferred: Provided, That the Secretary of the Army shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of the Army, or for similar purposes, 
transfer the funds made available by this appropriation to other 
appropriations made available to the Department of the Army, to be 
merged with and to be available for the same purposes and for the same 
time period as the appropriations 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 
provided elsewhere in this Act.

                     Environmental Restoration, Navy


                      (including transfer of funds)


    For the Department of the Navy, $300,591,000, to remain available 
until transferred: Provided, That the Secretary of the Navy shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of the Navy, or for similar purposes, 
transfer the funds made available by this appropriation to other 
appropriations made available to

[[Page 121 STAT. 1302]]

the Department of the Navy, to be merged with and to be available for 
the same purposes and for the same time period as the appropriations 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 provided elsewhere in this Act.

                  Environmental Restoration, Air Force


                      (including transfer of funds)


    For the Department of the Air Force, $458,428,000, to remain 
available until transferred: Provided, That the Secretary of the Air 
Force shall, upon determining that such funds are required for 
environmental restoration, reduction and recycling of hazardous waste, 
removal of unsafe buildings and debris of the Department of the Air 
Force, or for similar purposes, transfer the funds made available by 
this appropriation to other appropriations made available to the 
Department of the Air Force, to be merged with and to be available for 
the same purposes and for the same time period as the appropriations 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 provided elsewhere in this Act.

                 Environmental Restoration, Defense-Wide


                      (including transfer of funds)


    For the Department of Defense, $12,751,000, to remain available 
until transferred: Provided, That the Secretary of Defense shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of Defense, or for similar purposes, 
transfer the funds made available by this appropriation to other 
appropriations made available to the Department of Defense, to be merged 
with and to be available for the same purposes and for the same time 
period as the appropriations 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 provided elsewhere in this Act.

         Environmental Restoration, Formerly Used Defense Sites


                      (including transfer of funds)


    For the Department of the Army, $280,249,000, to remain available 
until transferred: Provided, That the Secretary of the Army shall, upon 
determining that such funds are required for

[[Page 121 STAT. 1303]]

environmental restoration, reduction and recycling of hazardous waste, 
removal of unsafe buildings and debris at sites formerly used by the 
Department of Defense, transfer the funds made available by this 
appropriation to other appropriations made available to the Department 
of the Army, to be merged with and to be available for the same purposes 
and for the same time period as the appropriations 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 
provided elsewhere in this Act.

             Overseas Humanitarian, Disaster, and Civic Aid

    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 
remain available until September 30, 2009, 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.

              Former Soviet Union Threat Reduction Account

    For assistance to the republics of the former Soviet Union, 
including assistance provided by contract or by grants, for facilitating 
the elimination and the safe and secure transportation and storage of 
nuclear, chemical and other weapons; for establishing programs to 
prevent the proliferation of weapons, weapons components, and weapon-
related technology and expertise; for programs relating to the training 
and support of defense and military personnel for demilitarization and 
protection of weapons, weapons components and weapons technology and 
expertise, and for defense and military contacts, $428,048,000, to 
remain available until September 30, 2010: Provided, That of the amounts 
provided under this heading, $12,000,000 shall be available only to 
support the dismantling and disposal of nuclear submarines, submarine 
reactor components, and security enhancements for transport and storage 
of nuclear warheads in the Russian Far East.

                                TITLE III

                               PROCUREMENT

                       Aircraft Procurement, Army

    For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; specialized 
equipment and training devices; expansion of public and private plants, 
including the land necessary therefor, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and

[[Page 121 STAT. 1304]]

Government and contractor-owned equipment layaway; and other expenses 
necessary for the foregoing purposes, $4,185,778,000, to remain 
available for obligation until September 30, 2010.

                        Missile Procurement, Army

    For construction, procurement, production, modification, and 
modernization of missiles, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; specialized 
equipment and training devices; expansion of public and private plants, 
including the land necessary therefor, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes, $1,911,979,000, to remain available for obligation until 
September 30, 2010.

        Procurement of Weapons and Tracked Combat Vehicles, Army

    For construction, procurement, production, and modification of 
weapons and tracked combat vehicles, equipment, including ordnance, 
spare parts, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including the 
land necessary therefor, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned equipment layaway; and 
other expenses necessary for the foregoing purposes, $3,021,889,000, to 
remain available for obligation until September 30, 2010.

                     Procurement of Ammunition, Army

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and training 
devices; expansion of public and private plants, including ammunition 
facilities, authorized by section 2854 of title 10, United States Code, 
and the land necessary therefor, for the foregoing purposes, and such 
lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes, $2,223,176,000, to remain available for obligation until 
September 30, 2010.

                         Other Procurement, Army

    For construction, procurement, production, and modification of 
vehicles, including tactical, support, and non-tracked combat vehicles; 
the purchase of passenger motor vehicles for replacement only; and the 
purchase of 3 vehicles required for physical security

[[Page 121 STAT. 1305]]

of personnel, notwithstanding price limitations applicable to passenger 
vehicles but not to exceed $255,000 per vehicle; communications and 
electronic equipment; other support equipment; spare parts, ordnance, 
and accessories therefor; specialized equipment and training devices; 
expansion of public and private plants, including the land necessary 
therefor, for the foregoing purposes, and such lands and interests 
therein, may be acquired, and construction prosecuted thereon prior to 
approval of title; and procurement and installation of equipment, 
appliances, and machine tools in public and private plants; reserve 
plant and Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes, $11,428,027,000, to 
remain available for obligation until September 30, 2010.

                       Aircraft Procurement, Navy

    For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, spare parts, 
and accessories therefor; specialized equipment; expansion of public and 
private plants, including the land necessary therefor, and such lands 
and interests therein, may be acquired, and construction prosecuted 
thereon prior to approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned equipment layaway, 
$12,464,284,000, to remain available for obligation until September 30, 
2010.

                        Weapons Procurement, Navy

    For construction, procurement, production, modification, and 
modernization of missiles, torpedoes, other weapons, and related support 
equipment including spare parts, and accessories therefor; expansion of 
public and private plants, including the land necessary therefor, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway, $3,113,987,000, to remain available for obligation 
until September 30, 2010.

            Procurement of Ammunition, Navy and Marine Corps

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and training 
devices; expansion of public and private plants, including ammunition 
facilities, authorized by section 2854 of title 10, United States Code, 
and the land necessary therefor, for the foregoing purposes, and such 
lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes, $1,064,432,000, to remain available for obligation until 
September 30, 2010.

[[Page 121 STAT. 1306]]

                    Shipbuilding and Conversion, Navy

    For expenses necessary for the construction, acquisition, or 
conversion of vessels as authorized by law, including armor and armament 
thereof, plant equipment, appliances, and machine tools and installation 
thereof in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; procurement of critical, long 
leadtime components and designs for vessels to be constructed or 
converted in the future; and expansion of public and private plants, 
including land necessary therefor, and such lands and interests therein, 
may be acquired, and construction prosecuted thereon prior to approval 
of title, as follows:
            Carrier Replacement Program, $2,703,953,000;
            Carrier Replacement Program (AP), $124,401,000;
            NSSN, $1,796,191,000;
            NSSN (AP), $1,290,710,000;
            CVN Refuelings (AP), $297,344,000;
            SSBN Submarine Refuelings, $187,652,000;
            SSBN Submarine Refuelings (AP), $42,744,000;
            DDG-1000 Program, $2,776,477,000;
            DDG-1000 Program (AP), $150,886,000;
            DDG-51 Destroyer, $48,078,000;
            Littoral Combat Ship, $339,482,000;
            LPD-17, $1,391,922,000;
            LPD-17 (AP), $50,000,000;
            LHA-R, $1,375,414,000;
            LCAC Service Life Extension Program, $98,518,000;
            Prior year shipbuilding costs, $511,474,000;
            Service Craft, $32,903,000; and
            For outfitting, post delivery, conversions, and first 
        destination transportation, $379,811,000.

    In all: $13,597,960,000, to remain available for obligation until 
September 30, 2012: Provided, That additional obligations may be 
incurred after September 30, 2012, for engineering services, tests, 
evaluations, and other such budgeted work that must be performed in the 
final stage of ship construction: Provided further, That none of the 
funds provided under this heading for the construction or conversion of 
any naval vessel to be constructed in shipyards in the United States 
shall be expended in foreign facilities for the construction of major 
components of such vessel: Provided further, That none of the funds 
provided under this heading shall be used for the construction of any 
naval vessel in foreign shipyards.

                         Other Procurement, Navy

    For procurement, production, and modernization of support equipment 
and materials not otherwise provided for, Navy ordnance (except ordnance 
for new aircraft, new ships, and ships authorized for conversion); the 
purchase of passenger motor vehicles for replacement only, and the 
purchase of 10 vehicles required for physical security of personnel, 
notwithstanding price limitations applicable to passenger vehicles but 
not to exceed $255,000 per vehicle; expansion of public and private 
plants, including the land necessary therefor, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned equipment layaway,

[[Page 121 STAT. 1307]]

$5,317,570,000, to remain available for obligation until September 30, 
2010.

                        Procurement, Marine Corps

    For expenses necessary for the procurement, manufacture, and 
modification of missiles, armament, military equipment, spare parts, and 
accessories therefor; plant equipment, appliances, and machine tools, 
and installation thereof in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; vehicles for the 
Marine Corps, including the purchase of passenger motor vehicles for 
replacement only; and expansion of public and private plants, including 
land necessary therefor, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title, $2,326,619,000, to remain available for obligation until 
September 30, 2010.

                     Aircraft Procurement, Air Force

    For construction, procurement, and modification of aircraft and 
equipment, including armor and armament, specialized ground handling 
equipment, and training devices, spare parts, and accessories therefor; 
specialized equipment; expansion of public and private plants, 
Government-owned equipment and installation thereof in such plants, 
erection of structures, and acquisition of land, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; reserve 
plant and Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes including rents and 
transportation of things, $12,021,900,000, to remain available for 
obligation until September 30, 2010.

                     Missile Procurement, Air Force

    For construction, procurement, and modification of missiles, 
spacecraft, rockets, and related equipment, including spare parts and 
accessories therefor, ground handling equipment, and training devices; 
expansion of public and private plants, Government-owned equipment and 
installation thereof in such plants, erection of structures, and 
acquisition of land, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the foregoing 
purposes including rents and transportation of things, $4,985,459,000, 
to remain available for obligation until September 30, 2010.

                  Procurement of Ammunition, Air Force

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and training 
devices; expansion of public and private plants, including ammunition 
facilities, authorized by section 2854 of title 10, United States Code, 
and the land necessary therefor, for the foregoing purposes, and such 
lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and

[[Page 121 STAT. 1308]]

machine tools in public and private plants; reserve plant and Government 
and contractor-owned equipment layaway; and other expenses necessary for 
the foregoing purposes, $754,117,000, to remain available for obligation 
until September 30, 2010.

                      Other Procurement, Air Force

    For procurement and modification of equipment (including ground 
guidance and electronic control equipment, and ground electronic and 
communication equipment), and supplies, materials, and spare parts 
therefor, not otherwise provided for; the purchase of passenger motor 
vehicles for replacement only, and the purchase of 2 vehicles required 
for physical security of personnel, notwithstanding price limitations 
applicable to passenger vehicles but not to exceed $255,000 per vehicle; 
lease of passenger motor vehicles; and expansion of public and private 
plants, Government-owned equipment and installation thereof in such 
plants, erection of structures, and acquisition of land, for the 
foregoing purposes, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon, prior to approval of 
title; reserve plant and Government and contractor-owned equipment 
layaway, $15,440,594,000, to remain available for obligation until 
September 30, 2010.

                        Procurement, Defense-Wide

    For expenses of activities and agencies of the Department of Defense 
(other than the military departments) necessary for procurement, 
production, and modification of equipment, supplies, materials, and 
spare parts therefor, not otherwise provided for; the purchase of 
passenger motor vehicles for replacement only, and the purchase of 5 
vehicles required for physical security of personnel, notwithstanding 
prior limitations applicable to passenger vehicles but not to exceed 
$255,000 per vehicle; expansion of public and private plants, equipment, 
and installation thereof in such plants, erection of structures, and 
acquisition of land for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; reserve plant and Government and contractor-
owned equipment layaway, $3,269,035,000, to remain available for 
obligation until September 30, 2010.

                  National Guard and Reserve Equipment

    For procurement of aircraft, missiles, tracked combat vehicles, 
ammunition, other weapons, and other procurement for the reserve 
components of the Armed Forces, $980,000,000, to remain available for 
obligation until September 30, 2010: Provided, 
<<NOTE: Deadline. Assessment.>> That the Chiefs of the Reserve and 
National Guard components shall, not later than 30 days after the 
enactment of this Act, individually submit to the congressional defense 
committees the modernization priority assessment for their respective 
Reserve or National Guard component.

                    Defense Production Act Purchases

    For activities by the Department of Defense pursuant to sections 
108, 301, 302, and 303 of the Defense Production Act of

[[Page 121 STAT. 1309]]

1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093), $94,792,000, to remain 
available until expended.

                                TITLE IV

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, rehabilitation, 
lease, and operation of facilities and equipment, $12,126,591,000, to 
remain available for obligation until September 30, 2009.

            Research, Development, Test and Evaluation, Navy

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, rehabilitation, 
lease, and operation of facilities and equipment, $17,918,522,000, to 
remain available for obligation until September 30, 2009: Provided, That 
funds appropriated in this paragraph which are available for the V-22 
may be used to meet unique operational requirements of the Special 
Operations Forces: Provided further, That funds appropriated in this 
paragraph shall be available for the Cobra Judy program.

          Research, Development, Test and Evaluation, Air Force

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, rehabilitation, 
lease, and operation of facilities and equipment, $26,255,471,000, to 
remain available for obligation until September 30, 2009.

        Research, Development, Test and Evaluation, Defense-Wide

    For expenses of activities and agencies of the Department of Defense 
(other than the military departments), necessary for basic and applied 
scientific research, development, test and evaluation; advanced research 
projects as may be designated and determined by the Secretary of 
Defense, pursuant to law; maintenance, rehabilitation, lease, and 
operation of facilities and equipment, $20,790,634,000, to remain 
available for obligation until September 30, 2009.

                Operational Test and Evaluation, Defense

    For expenses, not otherwise provided for, necessary for the 
independent activities of the Director, Operational Test and Evaluation, 
in the direction and supervision of operational test and evaluation, 
including initial operational test and evaluation which is conducted 
prior to, and in support of, production decisions; joint operational 
testing and evaluation; and administrative expenses in connection 
therewith, $180,264,000, to remain available for obligation until 
September 30, 2009.

[[Page 121 STAT. 1310]]

                                 TITLE V

                     REVOLVING AND MANAGEMENT FUNDS

                      Defense Working Capital Funds

    For the Defense Working Capital Funds, $1,352,746,000.

                      National Defense Sealift Fund

    For National Defense Sealift Fund programs, projects, and 
activities, and for expenses of the National Defense Reserve Fleet, as 
established by section 11 of the Merchant Ship Sales Act of 1946 (50 
U.S.C. App. 1744), and for the necessary expenses to maintain and 
preserve a U.S.-flag merchant fleet to serve the national security needs 
of the United States, $1,349,094,000, to remain available until 
expended: Provided, That none of the funds provided in this paragraph 
shall be used to award a new contract that provides for the acquisition 
of any of the following major components unless such components are 
manufactured in the United States: auxiliary equipment, including pumps, 
for all shipboard services; propulsion system components (that is; 
engines, reduction gears, and propellers); shipboard cranes; and 
spreaders for shipboard cranes: Provided further, That the exercise of 
an option in a contract awarded through the obligation of previously 
appropriated funds shall not be considered to be the award of a new 
contract: Provided further, That the Secretary of the military 
department responsible for such procurement may waive the restrictions 
in the first proviso on a case-by-case basis by certifying in writing to 
the Committees on Appropriations of the House of Representatives and the 
Senate that adequate domestic supplies are not available to meet 
Department of Defense requirements on a timely basis and that such an 
acquisition must be made in order to acquire capability for national 
security purposes.

                                TITLE VI

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

    For expenses, not otherwise provided for, for medical and health 
care programs of the Department of Defense, as authorized by law, 
$23,458,692,000, of which $22,559,501,000 shall be for operation and 
maintenance, of which not to exceed one percent shall remain available 
until September 30, 2009, and of which up to $11,424,799,000 may be 
available for contracts entered into under the TRICARE program; of which 
$362,861,000, to remain available for obligation until September 30, 
2010, shall be for procurement; and of which $536,330,000, to remain 
available for obligation until September 30, 2009, shall be for 
research, development, test and evaluation: Provided, That, 
notwithstanding any other provision of law, of the amount made available 
under this heading for research, development, test and evaluation, not 
less than $8,000,000 shall be available for HIV prevention educational 
activities undertaken in connection with U.S. military training, 
exercises, and humanitarian assistance activities conducted primarily in 
African nations.

[[Page 121 STAT. 1311]]

           Chemical Agents and Munitions Destruction, Defense

    For expenses, not otherwise provided for, necessary for the 
destruction of the United States stockpile of lethal chemical agents and 
munitions, to include construction of facilities, in accordance with the 
provisions of section 1412 of the Department of Defense Authorization 
Act, 1986 (50 U.S.C. 1521), and for the destruction of other chemical 
warfare materials that are not in the chemical weapon stockpile, 
$1,512,724,000, of which $1,181,500,000 shall be for operation and 
maintenance; $18,424,000 shall be for procurement, to remain available 
until September 30, 2010; $312,800,000 shall be for research, 
development, test and evaluation, of which $302,900,000 shall only be 
for the Assembled Chemical Weapons Alternatives (ACWA) program, to 
remain available until September 30, 2009; and no less than $124,618,000 
shall be for the Chemical Stockpile Emergency Preparedness Program, of 
which $36,373,000 shall be for activities on military installations and 
of which $88,245,000, to remain available until September 30, 2009, 
shall be to assist State and local governments.

         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: 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 elsewhere in this Act.

              Joint Improvised Explosive Device Defeat Fund


                      (including transfer of funds)


    For the ``Joint Improvised Explosive Device Defeat Fund'', 
$120,000,000: Provided, That such funds shall be available to the 
Secretary of Defense, notwithstanding any other provision of law, for 
the purpose of allowing the 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,  <<NOTE: Deadline. Plan.>> 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, 
<<NOTE: Reports. Deadline.>> That the Secretary of Defense shall submit 
a report not later than 30 days after the end of each fiscal quarter to 
the congressional defense committees providing assessments of the 
evolving threats,

[[Page 121 STAT. 1312]]

individual service requirements to counter the threats, the current 
strategy for predeployment training of members of the Armed Forces on 
improvised explosive devices, and details on the execution of this Fund: 
Provided further, That the Secretary of Defense may transfer funds 
provided herein to appropriations for operation and maintenance; 
procurement; research, development, test and evaluation; and defense 
working capital funds to accomplish the purpose provided herein: 
Provided further, That amounts transferred shall be merged with and 
available for the same purposes and time period as the appropriations to 
which transferred: Provided further, That this transfer authority is in 
addition to any other transfer authority available to the Department of 
Defense: <<NOTE: Deadline. Notification.>> 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.

                     Office of the Inspector General

    For expenses and activities of the Office of the Inspector General 
in carrying out the provisions of the Inspector General Act of 1978, as 
amended, $239,995,000, of which $238,995,000 shall be for operation and 
maintenance, of which not to exceed $700,000 is available for 
emergencies and extraordinary expenses to be expended on the approval or 
authority of the Inspector General, and payments may be made on the 
Inspector General's certificate of necessity for confidential military 
purposes; and of which $1,000,000, to remain available until September 
30, 2010, shall be for procurement.

                                TITLE VII

                            RELATED AGENCIES

    Central Intelligence Agency Retirement and Disability System Fund

    For payment to the Central Intelligence Agency Retirement and 
Disability System Fund, to maintain the proper funding level for 
continuing the operation of the Central Intelligence Agency Retirement 
and Disability System, $262,500,000.

                Intelligence Community Management Account


                      (including transfer of funds)


    For necessary expenses of the Intelligence Community Management 
Account, $725,526,000: Provided, That of the funds appropriated under 
this heading, $39,000,000 shall be transferred to the Department of 
Justice for the National Drug Intelligence Center to support the 
Department of Defense's counter-drug intelligence responsibilities, and 
of the said amount, $1,500,000 for procurement shall remain available 
until September 30, 2010 and $1,000,000 for research, development, test 
and evaluation shall remain available until September 30, 2009: Provided 
further, That the National Drug Intelligence Center shall maintain the 
personnel and technical resources to provide timely support to law 
enforcement authorities and the intelligence community by conducting 
document and computer exploitation of materials collected in Federal, 
State, and local

[[Page 121 STAT. 1313]]

law enforcement activity associated with counter-drug, counter-
terrorism, and national security investigations and operations.

                               TITLE VIII

                           GENERAL PROVISIONS

    Sec. 8001. No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes not authorized by the 
Congress.
    Sec. <<NOTE: 10 USC 1584 note.>> 8002. During the current fiscal 
year, provisions of law prohibiting the payment of compensation to, or 
employment of, any person not a citizen of the United States shall not 
apply to personnel of the Department of 
Defense: <<NOTE: Wages.>> Provided, That salary increases granted to 
direct and indirect hire foreign national employees of the Department of 
Defense funded by this Act shall not be at a rate in excess of the 
percentage increase authorized by law for civilian employees of the 
Department of Defense whose pay is computed under the provisions of 
section 5332 of title 5, United States Code, or at a rate in excess of 
the percentage increase provided by the appropriate host nation to its 
own employees, whichever is higher: Provided further, That this section 
shall not apply to Department of Defense foreign service national 
employees serving at United States diplomatic missions whose pay is set 
by the Department of State under the Foreign Service Act of 1980: 
Provided further, That the limitations of this provision shall not apply 
to foreign national employees of the Department of Defense in the 
Republic of Turkey.

    Sec. 8003. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year, unless 
expressly so provided herein.
    Sec. 8004. No more than 20 percent of the appropriations in this Act 
which are limited for obligation during the current fiscal year shall be 
obligated during the last 2 months of the fiscal year: Provided, That 
this section shall not apply to obligations for support of active duty 
training of reserve components or summer camp training of the Reserve 
Officers' Training Corps.


                           (transfer of funds)


    Sec. 8005. 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 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: Provided, That such 
authority to transfer may not be used unless for higher priority items, 
based on unforeseen military requirements, than those for which 
originally appropriated and in no case where the item for which funds 
are requested has been denied by the Congress: Provided 
further, <<NOTE: Notification.>> That the Secretary of Defense shall 
notify the Congress promptly of all transfers made pursuant to this 
authority or any other authority in this Act: Provided further, That no 
part of the funds in this Act shall be available to prepare or present a 
request to the Committees

[[Page 121 STAT. 1314]]

on Appropriations for reprogramming of funds, unless for higher priority 
items, based on unforeseen military requirements, than those for which 
originally appropriated and in no case where the item for which 
reprogramming is requested has been denied by the Congress: Provided 
further,  <<NOTE: Deadline.>> That a request for multiple reprogrammings 
of funds using authority provided in this section must be made prior to 
June 30, 2008: Provided further, That transfers among military personnel 
appropriations shall not be taken into account for purposes of the 
limitation on the amount of funds that may be transferred under this 
section: Provided further,  <<NOTE: Notification.>> 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. 8006. (a) <<NOTE: Deadline. Reports.>> Not later than 60 days 
after enactment of this Act, the Department of Defense shall submit a 
report to the congressional defense committees to establish the baseline 
for application of reprogramming and transfer authorities for fiscal 
year 2008: Provided, That the report shall include--
            (1) a table for each appropriation with a separate column to 
        display the President's budget request, adjustments made by 
        Congress, adjustments due to enacted rescissions, if 
        appropriate, and the fiscal year enacted level;
            (2) a delineation in the table for each appropriation both 
        by budget activity and program, project, and activity as 
        detailed in the Budget Appendix; and
            (3) an identification of items of special congressional 
        interest.

    (b) <<NOTE: Certification.>> Notwithstanding section 8005 of this 
Act, none of the funds provided in this Act shall be available for 
reprogramming or transfer until the report identified in subsection (a) 
is submitted to the congressional defense committees, unless the 
Secretary of Defense certifies in writing to the congressional defense 
committees that such reprogramming or transfer is necessary as an 
emergency requirement.

    Sec. 8007. The Secretaries of the Air Force and the Army are 
authorized, using funds available under the headings ``Operation and 
Maintenance, Air Force'' and ``Operation and Maintenance, Army'', to 
complete facility conversions and phased repair projects in support of 
Red Flag Alaska exercises, which may include upgrades and additions to 
Alaskan range infrastructure and training areas, and improved access to 
these ranges.


                           (transfer of funds)


    Sec. 8008. During the current fiscal year, cash balances in working 
capital funds of the Department of Defense established pursuant to 
section 2208 of title 10, United States Code, may be maintained in only 
such amounts as are necessary at any time for cash disbursements to be 
made from such funds: Provided, That transfers may be made between such 
funds:  <<NOTE: Notification.>> Provided further, That transfers may be 
made between working capital funds and the ``Foreign Currency 
Fluctuations, Defense'' appropriation and the ``Operation and 
Maintenance'' appropriation accounts in such amounts as may be 
determined by the Secretary of Defense, with the approval of the Office 
of Management and Budget, except that such transfers may not be made 
unless the Secretary of Defense has notified the Congress of the 
proposed transfer. <<NOTE: Notification.>> Except in

[[Page 121 STAT. 1315]]

amounts equal to the amounts appropriated to working capital funds in 
this Act, no obligations may be made against a working capital fund to 
procure or increase the value of war reserve material inventory, unless 
the Secretary of Defense has notified the Congress prior to any such 
obligation.

    Sec. 8009. <<NOTE: Notification. Deadline.>>  Funds appropriated by 
this Act may not be used to initiate a special access program without 
prior notification 30 calendar days in advance to the congressional 
defense committees.

    Sec. 8010. <<NOTE: Contracts. Notification. Deadline. 10 USC 2306b 
note.>> None of the funds provided in this Act shall be available to 
initiate: (1) a multiyear contract that employs economic order quantity 
procurement in excess of $20,000,000 in any 1 year of the contract or 
that includes an unfunded contingent liability in excess of $20,000,000; 
or (2) a contract for advance procurement leading to a multiyear 
contract that employs economic order quantity procurement in excess of 
$20,000,000 in any 1 year, unless the congressional defense committees 
have been notified at least 30 days in advance of the proposed contract 
award: Provided, That no part of any appropriation contained in this Act 
shall be available to initiate a multiyear contract for which the 
economic order quantity advance procurement is not funded at least to 
the limits of the Government's liability: Provided further, That no part 
of any appropriation contained in this Act shall be available to 
initiate multiyear procurement contracts for any systems or component 
thereof if the value of the multiyear contract would exceed $500,000,000 
unless specifically provided in this Act: Provided further, That no 
multiyear procurement contract can be terminated without 10-day prior 
notification to the congressional defense committees: Provided further, 
That the execution of multiyear authority shall require the use of a 
present value analysis to determine lowest cost compared to an annual 
procurement: Provided further, That none of the funds provided in this 
Act may be used for a multiyear contract executed after the date of the 
enactment of this Act unless in the case of any such contract--
            (1) the Secretary of Defense has submitted to Congress a 
        budget request for full funding of units to be procured through 
        the contract and, in the case of a contract for procurement of 
        aircraft, that includes, for any aircraft unit to be procured 
        through the contract for which procurement funds are requested 
        in that budget request for production beyond advance procurement 
        activities in the fiscal year covered by the budget, full 
        funding of procurement of such unit in that fiscal year;
            (2) cancellation provisions in the contract do not include 
        consideration of recurring manufacturing costs of the contractor 
        associated with the production of unfunded units to be delivered 
        under the contract;
            (3) the contract provides that payments to the contractor 
        under the contract shall not be made in advance of incurred 
        costs on funded units; and
            (4) the contract does not provide for a price adjustment 
        based on a failure to award a follow-on contract.

    Funds appropriated in title III of this Act may be used for a 
multiyear procurement contract as follows:
    Army CH-47 Chinook Helicopter; M1A2 Abrams System Enhancement 
Package upgrades; M2A3/M3A3 Bradley upgrades; and SSN Virginia Class 
Submarine.

[[Page 121 STAT. 1316]]

    Sec. 8011. Within the funds appropriated for the operation and 
maintenance of the Armed Forces, funds are hereby appropriated pursuant 
to section 401 of title 10, United States Code, for humanitarian and 
civic assistance costs under chapter 20 of title 10, United States Code. 
Such funds may also be obligated for humanitarian and civic assistance 
costs incidental to authorized operations and pursuant to authority 
granted in section 401 of chapter 20 of title 10, United States Code, 
and these obligations shall be reported as required by section 401(d) of 
title 10, United States Code: Provided, <<NOTE: Humanitarian 
assistance.>> That funds available for operation and maintenance shall 
be available for providing humanitarian and similar assistance by using 
Civic Action Teams in the Trust Territories of the Pacific Islands and 
freely associated states of Micronesia, pursuant to the Compact of Free 
Association as authorized by Public Law 99-239: Provided further, That 
upon a determination by the Secretary of the Army that such action is 
beneficial for graduate medical education programs conducted at Army 
medical facilities located in Hawaii, the Secretary of the Army may 
authorize the provision of medical services at such facilities and 
transportation to such facilities, on a nonreimbursable basis, for 
civilian patients from American Samoa, the Commonwealth of the Northern 
Mariana Islands, the Marshall Islands, the Federated States of 
Micronesia, Palau, and Guam.

    Sec. 8012. (a) During fiscal year 2008, the civilian personnel of 
the Department of Defense may not be managed on the basis of any end-
strength, and the management of such personnel during that fiscal year 
shall not be subject to any constraint or limitation (known as an end-
strength) on the number of such personnel who may be employed on the 
last day of such fiscal year.
    (b) The fiscal year 2009 budget request for the Department of 
Defense as well as all justification material and other documentation 
supporting the fiscal year 2009 Department of Defense budget request 
shall be prepared and submitted to the Congress as if subsections (a) 
and (b) of this provision were effective with regard to fiscal year 
2009.
    (c) Nothing in this section shall be construed to apply to military 
(civilian) technicians.
    Sec. 8013. None of the funds made available by this Act shall be 
used in any way, directly or indirectly, to influence congressional 
action on any legislation or appropriation matters pending before the 
Congress.
    Sec. 8014. None of the funds appropriated by this Act shall be 
available for the basic pay and allowances of any member of the Army 
participating as a full-time student and receiving benefits paid by the 
Secretary of Veterans Affairs from the Department of Defense Education 
Benefits Fund when time spent as a full-time student is credited toward 
completion of a service commitment: Provided, That this section shall 
not apply to those members who have reenlisted with this option prior to 
October 1, 1987: <<NOTE: Applicability.>> Provided further, That this 
section applies only to active components of the Army.

    Sec. 8015. <<NOTE: Contracts. Outsourcing.>> (a) None of the funds 
appropriated by this Act shall be available to convert to contractor 
performance an activity or function of the Department of Defense that, 
on or after the date of the enactment of this Act, is performed by more 
than 10 Department of Defense civilian employees unless--

[[Page 121 STAT. 1317]]

            (1) the conversion is based on the result of a public-
        private competition that includes a most efficient and cost 
        effective organization plan developed by such activity or 
        function;
            (2) the Competitive Sourcing Official determines that, over 
        all performance periods stated in the solicitation of offers for 
        performance of the activity or function, the cost of performance 
        of the activity or function by a contractor would be less costly 
        to the Department of Defense by an amount that equals or exceeds 
        the lesser of--
                    (A) 10 percent of the most efficient organization's 
                personnel-related costs for performance of that activity 
                or function by Federal employees; or
                    (B) $10,000,000; and
            (3) the contractor does not receive an advantage for a 
        proposal that would reduce costs for the Department of Defense 
        by--
                    (A) not making an employer-sponsored health 
                insurance plan available to the workers who are to be 
                employed in the performance of that activity or function 
                under the contract; or
                    (B) offering to such workers an employer-sponsored 
                health benefits plan that requires the employer to 
                contribute less towards the premium or subscription 
                share than the amount that is paid by the Department of 
                Defense for health benefits for civilian employees under 
                chapter 89 of title 5, United States Code.

    (b)(1) The Department of Defense, without regard to subsection (a) 
of this section or subsection (a), (b), or (c) of section 2461 of title 
10, United States Code, and notwithstanding any administrative 
regulation, requirement, or policy to the contrary shall have full 
authority to enter into a contract for the performance of any commercial 
or industrial type function of the Department of Defense that--
            (A) is included on the procurement list established pursuant 
        to section 2 of the Javits-Wagner-O'Day Act (41 U.S.C. 47);
            (B) is planned to be converted to performance by a qualified 
        nonprofit agency for the blind or by a qualified nonprofit 
        agency for other severely handicapped individuals in accordance 
        with that Act; or
            (C) is planned to be converted to performance by a qualified 
        firm under at least 51 percent ownership by an Indian tribe, as 
        defined in section 4(e) of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b(e)), or a Native 
        Hawaiian Organization, as defined in section 8(a)(15) of the 
        Small Business Act (15 U.S.C. 637(a)(15)).

    (2) This section shall not apply to depot contracts or contracts for 
depot maintenance as provided in sections 2469 and 2474 of title 10, 
United States Code.
    (c) The conversion of any activity or function of the Department of 
Defense under the authority provided by this section shall be credited 
toward any competitive or outsourcing goal, target, or measurement that 
may be established by statute, regulation, or policy and is deemed to be 
awarded under the authority of, and in compliance with, subsection (h) 
of section 2304 of title 10, United States Code, for the competition or 
outsourcing of commercial activities.

[[Page 121 STAT. 1318]]

                           (transfer of funds)


    Sec. 8016. Funds appropriated in title III of this Act for the 
Department of Defense Pilot Mentor-Protege Program may be transferred to 
any other appropriation contained in this Act solely for the purpose of 
implementing a Mentor-Protege Program developmental assistance agreement 
pursuant to section 831 of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as amended, 
under the authority of this provision or any other transfer authority 
contained in this Act.
    Sec. 8017. <<NOTE: Vessels.>> None of the funds in this Act may be 
available for the purchase by the Department of Defense (and its 
departments and agencies) of welded shipboard anchor and mooring chain 4 
inches in diameter and under unless the anchor and mooring chain are 
manufactured in the United States from components which are 
substantially manufactured in the United States: Provided, That for the 
purpose of this section manufactured will include cutting, heat 
treating, quality control, testing of chain and welding (including the 
forging and shot blasting process): Provided further, That for the 
purpose of this section substantially all of the components of anchor 
and mooring chain shall be considered to be produced or manufactured in 
the United States if the aggregate cost of the components produced or 
manufactured in the United States exceeds the aggregate cost of the 
components produced or manufactured outside the United States: Provided 
further,  <<NOTE: Certification.>> That when adequate domestic supplies 
are not available to meet Department of Defense requirements on a timely 
basis, the Secretary of the service responsible for the procurement may 
waive this restriction on a case-by-case basis by certifying in writing 
to the Committees on Appropriations that such an acquisition must be 
made in order to acquire capability for national security purposes.

    Sec. 8018. <<NOTE: Ammunition.>> None of the funds available to the 
Department of Defense may be used to demilitarize or dispose of M-1 
Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber rifles, .30 
caliber rifles, or M-1911 pistols.

    Sec. 8019. No more than $500,000 of the funds appropriated or made 
available in this Act shall be used during a single fiscal year for any 
single relocation of an organization, unit, activity or function of the 
Department of Defense into or within the National Capital Region: 
Provided,  <<NOTE: Waiver authority. Certification.>> That the Secretary 
of Defense may waive this restriction on a case-by-case basis by 
certifying in writing to the congressional defense committees that such 
a relocation is required in the best interest of the Government.

    Sec. 8020. <<NOTE: Contracts.>> In addition to the funds provided 
elsewhere in this Act, $15,000,000 is appropriated only for incentive 
payments authorized by section 504 of the Indian Financing Act of 1974 
(25 U.S.C. 1544): Provided, That a prime contractor or a subcontractor 
at any tier that makes a subcontract award to any subcontractor or 
supplier as defined in section 1544 of title 25, United States Code, or 
a small business owned and controlled by an individual or individuals 
defined under section 4221(9) of title 25, United States Code, shall be 
considered a contractor for the purposes of being allowed additional 
compensation under section 504 of the Indian Financing Act of 1974 (25 
U.S.C. 1544) whenever the prime contract or subcontract amount is over 
$500,000 and involves the expenditure of funds appropriated by an Act 
making

[[Page 121 STAT. 1319]]

Appropriations for the Department of Defense with respect to any fiscal 
year: Provided further,  <<NOTE: Applicability.>> That notwithstanding 
section 430 of title 41, United States Code, this section shall be 
applicable to any Department of Defense acquisition of supplies or 
services, including any contract and any subcontract at any tier for 
acquisition of commercial items produced or manufactured, in whole or in 
part by any subcontractor or supplier defined in section 1544 of title 
25, United States Code, or a small business owned and controlled by an 
individual or individuals defined under section 4221(9) of title 25, 
United States Code.

    Sec. 8021. None of the funds appropriated by this Act shall be 
available to perform any cost study pursuant to the provisions of OMB 
Circular A-76 if the study being performed exceeds a period of 24 months 
after initiation of such study with respect to a single function 
activity or 30 months after initiation of such study for a multi-
function activity.
    Sec. 8022. Funds appropriated by this Act for the American Forces 
Information Service shall not be used for any national or international 
political or psychological activities.
    Sec. 8023. <<NOTE: Kuwait.>> During the current fiscal year, the 
Department of Defense is authorized to incur obligations of not to 
exceed $350,000,000 for purposes specified in section 2350j(c) of title 
10, United States Code, in anticipation of receipt of contributions, 
only from the Government of Kuwait, under that section: Provided, That 
upon receipt, such contributions from the Government of Kuwait shall be 
credited to the appropriations or fund which incurred such obligations.

    Sec. 8024. (a) Of the funds made available in this Act, not less 
than $33,705,000 shall be available for the Civil Air Patrol 
Corporation, of which--
            (1) $26,553,000 shall be available from ``Operation and 
        Maintenance, Air Force'' to support Civil Air Patrol Corporation 
        operation and maintenance, readiness, counterdrug activities, 
        and drug demand reduction activities involving youth programs;
            (2) $6,277,000 shall be available from ``Aircraft 
        Procurement, Air Force''; and
            (3) $875,000 shall be available from ``Other Procurement, 
        Air Force'' for vehicle procurement.

    (b) The Secretary of the Air Force should waive reimbursement for 
any funds used by the Civil Air Patrol for counter-drug activities in 
support of Federal, State, and local government agencies.
    Sec. 8025. (a) None of the funds appropriated in this Act are 
available to establish a new Department of Defense (department) 
federally funded research and development center (FFRDC), either as a 
new entity, or as a separate entity administrated by an organization 
managing another FFRDC, or as a nonprofit membership corporation 
consisting of a consortium of other FFRDCs and other non-profit 
entities.
    (b) No member of a Board of Directors, Trustees, Overseers, Advisory 
Group, Special Issues Panel, Visiting Committee, or any similar entity 
of a defense FFRDC, and no paid consultant to any defense FFRDC, except 
when acting in a technical advisory capacity, may be compensated for his 
or her services as a member of such entity, or as a paid consultant by 
more than one FFRDC in a fiscal year: Provided, That a member of any 
such entity referred to previously in this subsection shall be allowed 
travel expenses and per diem as authorized under the Federal Joint 
Travel

[[Page 121 STAT. 1320]]

Regulations, when engaged in the performance of membership duties.
    (c) Notwithstanding any other provision of law, none of the funds 
available to the department from any source during fiscal year 2008 may 
be used by a defense FFRDC, through a fee or other payment mechanism, 
for construction of new buildings, for payment of cost sharing for 
projects funded by Government grants, for absorption of contract 
overruns, or for certain charitable contributions, not to include 
employee participation in community service and/or development.
    (d) Notwithstanding any other provision of law, of the funds 
available to the department during fiscal year 2008, not more than 5,517 
staff years of technical effort (staff years) may be funded for defense 
FFRDCs: Provided, That of the specific amount referred to previously in 
this subsection, not more than 1,060 staff years may be funded for the 
defense studies and analysis FFRDCs: Provided further, That this 
subsection shall not apply to staff years funded in the National 
Intelligence Program (NIP) and the Military Intelligence Program (MIP).
    (e) <<NOTE: Reports.>> The Secretary of Defense shall, with the 
submission of the department's fiscal year 2009 budget request, submit a 
report presenting the specific amounts of staff years of technical 
effort to be allocated for each defense FFRDC during that fiscal year 
and the associated budget estimates.

    (f) Notwithstanding any other provision of this Act, the total 
amount appropriated in this Act for FFRDCs is hereby reduced by 
$57,725,000.
    Sec. 8026. None of the funds appropriated or made available in this 
Act shall be used to procure carbon, alloy or armor steel plate for use 
in any Government-owned facility or property under the control of the 
Department of Defense which were not melted and rolled in the United 
States or Canada: <<NOTE: Applicability.>> Provided, That these 
procurement restrictions shall apply to any and all Federal Supply Class 
9515, American Society of Testing and Materials (ASTM) or American Iron 
and Steel Institute (AISI) specifications of carbon, alloy or armor 
steel plate: Provided further,  <<NOTE: Waiver 
authority. Certification.>> That the Secretary of the military 
department responsible for the procurement may waive this restriction on 
a case-by-case basis by certifying in writing to the Committees on 
Appropriations of the House of Representatives and the Senate that 
adequate domestic supplies are not available to meet Department of 
Defense requirements on a timely basis and that such an acquisition must 
be made in order to acquire capability for national security purposes: 
Provided further, That these restrictions shall not apply to contracts 
which are in being as of the date of the enactment of this Act.

    Sec. 8027. <<NOTE: 10 USC 101 note.>> 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.

    Sec. 8028. During the current fiscal year, the Department of Defense 
may acquire the modification, depot maintenance and repair of aircraft, 
vehicles and vessels as well as the production of components and other 
Defense-related articles, through competition between Department of 
Defense depot maintenance activities and private firms: Provided, That 
the Senior Acquisition Executive

[[Page 121 STAT. 1321]]

of the military department or Defense Agency concerned, with power of 
delegation, shall certify that successful bids include comparable 
estimates of all direct and indirect costs for both public and private 
bids: Provided further, That Office of Management and Budget Circular A-
76 shall not apply to competitions conducted under this section.
    Sec. 8029. <<NOTE: 41 USC 10b-2 note.>> (a)(1) If the Secretary of 
Defense, after consultation with the United States Trade Representative, 
determines that a foreign country which is party to an agreement 
described in paragraph (2) has violated the terms of the agreement by 
discriminating against certain types of products produced in the United 
States that are covered by the agreement, the Secretary of Defense shall 
rescind the Secretary's blanket waiver of the Buy American Act with 
respect to such types of products produced in that foreign country.

    (2) An agreement referred to in paragraph (1) is any reciprocal 
defense procurement memorandum of understanding, between the United 
States and a foreign country pursuant to which the Secretary of Defense 
has prospectively waived the Buy American Act for certain products in 
that country.
    (b) <<NOTE: Reports.>> The Secretary of Defense shall submit to the 
Congress a report on the amount of Department of Defense purchases from 
foreign entities in fiscal year 2008. Such report shall separately 
indicate the dollar value of items for which the Buy American Act was 
waived pursuant to any agreement described in subsection (a)(2), the 
Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any 
international agreement to which the United States is a party.

    (c) For purposes of this section, the term ``Buy American Act'' 
means title III of the Act entitled ``An Act making appropriations for 
the Treasury and Post Office Departments for the fiscal year ending June 
30, 1934, and for other purposes'', approved March 3, 1933 (41 U.S.C. 
10a et seq.).
    Sec. 8030. <<NOTE: 10 USC 374 note.>> Notwithstanding any other 
provision of law, funds available during the current fiscal year and 
hereafter for ``Drug Interdiction and Counter-Drug Activities, Defense'' 
may be obligated for the Young Marines program.

    Sec. 8031. During the current fiscal year, amounts contained in the 
Department of Defense Overseas Military Facility Investment Recovery 
Account established by section 2921(c)(1) of the National Defense 
Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687 note) 
shall be available until expended for the payments specified by section 
2921(c)(2) of that Act.
    Sec. 8032. <<NOTE: Housing. Native Americans. State listing.>> (a) 
Notwithstanding any other provision of law, the Secretary of the Air 
Force may convey at no cost to the Air Force, without consideration, to 
Indian tribes located in the States of North Dakota, South Dakota, 
Montana, and Minnesota relocatable military housing units located at 
Grand Forks Air Force Base and Minot Air Force Base that are excess to 
the needs of the Air Force.

    (b) The Secretary of the Air Force shall convey, at no cost to the 
Air Force, military housing units under subsection (a) in accordance 
with the request for such units that are submitted to the Secretary by 
the Operation Walking Shield Program on behalf of Indian tribes located 
in the States of North Dakota, South Dakota, Montana, and Minnesota.

[[Page 121 STAT. 1322]]

    (c) The Operation Walking Shield Program shall resolve any conflicts 
among requests of Indian tribes for housing units under subsection (a) 
before submitting requests to the Secretary of the Air Force under 
subsection (b).
    (d) In this section, the term ``Indian tribe'' means any recognized 
Indian tribe included on the current list published by the Secretary of 
the Interior under section 104 of the Federally Recognized Indian Tribe 
Act of 1994 (Public Law 103-454; 108 Stat. 4792; 25 U.S.C. 479a-1).
    Sec. 8033. During the current fiscal year, appropriations which are 
available to the Department of Defense for operation and maintenance may 
be used to purchase items having an investment item unit cost of not 
more than $250,000.
    Sec. 8034. (a) During the current fiscal year, none of the 
appropriations or funds available to the Department of Defense Working 
Capital Funds shall be used for the purchase of an investment item for 
the purpose of acquiring a new inventory item for sale or anticipated 
sale during the current fiscal year or a subsequent fiscal year to 
customers of the Department of Defense Working Capital Funds if such an 
item would not have been chargeable to the Department of Defense 
Business Operations Fund during fiscal year 1994 and if the purchase of 
such an investment item would be chargeable during the current fiscal 
year to appropriations made to the Department of Defense for 
procurement.
    (b) <<NOTE: Budget.>> The fiscal year 2009 budget request for the 
Department of Defense as well as all justification material and other 
documentation supporting the fiscal year 2009 Department of Defense 
budget shall be prepared and submitted to the Congress on the basis that 
any equipment which was classified as an end item and funded in a 
procurement appropriation contained in this Act shall be budgeted for in 
a proposed fiscal year 2009 procurement appropriation and not in the 
supply management business area or any other area or category of the 
Department of Defense Working Capital Funds.

    Sec. 8035. None of the funds appropriated by this Act for programs 
of the Central Intelligence Agency shall remain available for obligation 
beyond the current fiscal year, except for funds appropriated for the 
Reserve for Contingencies, which shall remain available until September 
30, 2009: <<NOTE: 50 USC 503u note.>> Provided, That funds appropriated, 
transferred, or otherwise credited to the Central Intelligence Agency 
Central Services Working Capital Fund during this or any prior or 
subsequent fiscal year shall remain available until expended: Provided 
further, That any funds appropriated or transferred to the Central 
Intelligence Agency for advanced research and development acquisition, 
for agent operations, and for covert action programs authorized by the 
President under section 503 of the National Security Act of 1947, as 
amended, shall remain available until September 30, 2009.

    Sec. 8036. Notwithstanding any other provision of law, funds made 
available in this Act for the Defense Intelligence Agency may be used 
for the design, development, and deployment of General Defense 
Intelligence Program intelligence communications and intelligence 
information systems for the Services, the Unified and Specified 
Commands, and the component commands.
    Sec. 8037. Of the funds made available in this Act under the heading 
``Defense Production Act Purchases'', not less than $18,400,000 shall be 
made available for the competitive, domestic

[[Page 121 STAT. 1323]]

expansion of essential vacuum induction melting furnace capacity and 
vacuum arc remelting furnace capacity for military aerospace and other 
defense applications: Provided, That the facility must be owned and 
operated by an approved supplier to the military departments and to 
defense industry original equipment manufacturers.
    Sec. 8038. Of the funds appropriated to the Department of Defense 
under the heading ``Operation and Maintenance, Defense-Wide'', not less 
than $10,000,000 shall be made available only for the mitigation of 
environmental impacts, including training and technical assistance to 
tribes, related administrative support, the gathering of information, 
documenting of environmental damage, and developing a system for 
prioritization of mitigation and cost to complete estimates for 
mitigation, on Indian lands resulting from Department of Defense 
activities.
    Sec. 8039. (a) None of the funds appropriated in this Act may be 
expended by an entity of the Department of Defense unless the entity, in 
expending the funds, complies with the Buy American Act. For purposes of 
this subsection, the term ``Buy American Act'' means title III of the 
Act entitled ``An Act making appropriations for the Treasury and Post 
Office Departments for the fiscal year ending June 30, 1934, and for 
other purposes'', approved March 3, 1933 (41 U.S.C. 10a et seq.).
    (b) <<NOTE: Labeling. Fraud.>> If the Secretary of Defense 
determines that a person has been convicted of intentionally affixing a 
label bearing a ``Made in America'' inscription to any product sold in 
or shipped to the United States that is not made in America, the 
Secretary shall determine, in accordance with section 2410f of title 10, 
United States Code, whether the person should be debarred from 
contracting with the Department of Defense.

    (c) In the case of any equipment or products purchased with 
appropriations provided under this Act, it is the sense of the Congress 
that any entity of the Department of Defense, in expending the 
appropriation, purchase only American-made equipment and products, 
provided that American-made equipment and products are cost-competitive, 
quality-competitive, and available in a timely fashion.
    Sec. 8040. <<NOTE: Contracts.>> None of the funds appropriated by 
this Act shall be available for a contract for studies, analysis, or 
consulting services entered into without competition on the basis of an 
unsolicited proposal unless the head of the activity responsible for the 
procurement determines--
            (1) as a result of thorough technical evaluation, only one 
        source is found fully qualified to perform the proposed work;
            (2) the purpose of the contract is to explore an unsolicited 
        proposal which offers significant scientific or technological 
        promise, represents the product of original thinking, and was 
        submitted in confidence by one source; or
            (3) the purpose of the contract is to take advantage of 
        unique and significant industrial accomplishment by a specific 
        concern, or to insure that a new product or idea of a specific 
        concern is given financial support: Provided, That this 
        limitation shall not apply to contracts in an amount of less 
        than $25,000, contracts related to improvements of equipment 
        that is in development or production, or contracts as to which a 
        civilian official of the Department of Defense, who has been

[[Page 121 STAT. 1324]]

        confirmed by the Senate, determines that the award of such 
        contract is in the interest of the national defense.

    Sec. 8041. (a) Except as provided in subsections (b) and (c), none 
of the funds made available by this Act may be used--
            (1) to establish a field operating agency; or
            (2) to pay the basic pay of a member of the Armed Forces or 
        civilian employee of the department who is transferred or 
        reassigned from a headquarters activity if the member or 
        employee's place of duty remains at the location of that 
        headquarters.

    (b) <<NOTE: Waiver authority. Certification.>> The Secretary of 
Defense or Secretary of a military department may waive the limitations 
in subsection (a), on a case-by-case basis, if the Secretary determines, 
and certifies to the Committees on Appropriations of the House of 
Representatives and Senate that the granting of the waiver will reduce 
the personnel requirements or the financial requirements of the 
department.

    (c) This section does not apply to--
            (1) field operating agencies funded within the National 
        Intelligence Program; or
            (2) an Army field operating agency established to eliminate, 
        mitigate, or counter the effects of improvised explosive 
        devices, and, as determined by the Secretary of the Army, other 
        similar threats.

    Sec. 8042. The Secretary of Defense, notwithstanding any other 
provision of law, acting through the Office of Economic Adjustment of 
the Department of Defense, may use funds made available in this Act 
under the heading ``Operation and Maintenance, Defense-Wide'' to make 
grants and supplement other Federal funds in accordance with the 
guidance provided in the Joint Explanatory Statement of the Committee of 
Conference to accompany the conference report accompanying this Act.


                              (RESCISSIONS)


    Sec. 8043. Of the funds appropriated in Department of Defense 
Appropriations Acts, the following funds are hereby rescinded from the 
following accounts and programs in the specified amounts:
            Procurement, Marine Corps, 2006/2008, $15,000,000;
            Aircraft Procurement, Air Force, 2006/2008, $25,786,000;
            Procurement of Weapons and Tracked Combat Vehicles, Army, 
        2007/2009, $2,600,000;
            Shipbuilding and Conversion, Navy, 2007/2011, $81,000,000;
            Aircraft Procurement, Air Force, 2007/2009, $51,000,000;
            Procurement, Defense-Wide, 2007/2009, $15,913,000;
            Research, Development, Test and Evaluation, Army, 2007/2008, 
        $13,300,000;
            Research, Development, Test and Evaluation, Navy, 2007/2008, 
        $24,000,000;
            Research, Development, Test and Evaluation, Air Force, 2007/
        2008, $167,000,000;
            Research, Development, Test and Evaluation, Defense-Wide, 
        2007/2008, $144,000,000.

    Sec. 8044. None of the funds available in this Act may be used to 
reduce the authorized positions for military (civilian) technicians of 
the Army National Guard, Air National Guard, Army Reserve and Air Force 
Reserve for the purpose of applying any

[[Page 121 STAT. 1325]]

administratively imposed civilian personnel ceiling, freeze, or 
reduction on military (civilian) technicians, unless such reductions are 
a direct result of a reduction in military force structure.
    Sec. 8045. <<NOTE: North Korea.>> None of the funds appropriated or 
otherwise made available in this Act may be obligated or expended for 
assistance to the Democratic People's Republic of Korea unless 
specifically appropriated for that purpose.

    Sec. 8046. Funds appropriated in this Act for operation and 
maintenance of the Military Departments, Combatant Commands and Defense 
Agencies shall be available for reimbursement of pay, allowances and 
other expenses which would otherwise be incurred against appropriations 
for the National Guard and Reserve when members of the National Guard 
and Reserve provide intelligence or counterintelligence support to 
Combatant Commands, Defense Agencies and Joint Intelligence Activities, 
including the activities and programs included within the National 
Intelligence Program and the Military Intelligence Program: Provided, 
That nothing in this section authorizes deviation from established 
Reserve and National Guard personnel and training procedures.
    Sec. 8047. During the current fiscal year, none of the funds 
appropriated in this Act may be used to reduce the civilian medical and 
medical support personnel assigned to military treatment facilities 
below the September 30, 2003, level: <<NOTE: Waiver 
authority. Certification.>> Provided, That the Service Surgeons General 
may waive this section by certifying to the congressional defense 
committees that the beneficiary population is declining in some 
catchment areas and civilian strength reductions may be consistent with 
responsible resource stewardship and capitation-based budgeting.

    Sec. 8048. <<NOTE: 10 USC 374 note.>> (a) None of the funds 
available to the Department of Defense for any fiscal year for drug 
interdiction or counter-drug activities may be transferred to any other 
department or agency of the United States except as specifically 
provided in an appropriations law.

    (b) <<NOTE: 50 USC 403f note.>> None of the funds available to the 
Central Intelligence Agency for any fiscal year for drug interdiction 
and counter-drug activities may be transferred to any other department 
or agency of the United States except as specifically provided in an 
appropriations

    Sec. 8049. None of the funds appropriated by this Act may be used 
for the procurement of ball and roller bearings other than those 
produced by a domestic source and of domestic origin: Provided, 
<<NOTE: Waiver authority. Certification.>> That the Secretary of the 
military department responsible for such procurement may waive this 
restriction on a case-by-case basis by certifying in writing to the 
Committees on Appropriations of the House of Representatives and the 
Senate, that adequate domestic supplies are not available to meet 
Department of Defense requirements on a timely basis and that such an 
acquisition must be made in order to acquire capability for national 
security purposes: Provided further,  <<NOTE: Applicability.>> That this 
restriction shall not apply to the purchase of ``commercial items'', as 
defined by section 4(12) of the Office of Federal Procurement Policy 
Act, except that the restriction shall apply to ball or roller bearings 
purchased as end items.

    Sec. 8050. <<NOTE: Certification.>> None of the funds in this Act 
may be used to purchase any supercomputer which is not manufactured in 
the United States, unless the Secretary of Defense certifies to the 
congressional defense committees that such an acquisition must

[[Page 121 STAT. 1326]]

be made in order to acquire capability for national security purposes 
that is not available from United States manufacturers.

    Sec. 8051. None of the funds made available in this or any other Act 
may be used to pay the salary of any officer or employee of the 
Department of Defense who approves or implements the transfer of 
administrative responsibilities or budgetary resources of any program, 
project, or activity financed by this Act to the jurisdiction of another 
Federal agency not financed by this Act without the express 
authorization of Congress: Provided, That this limitation shall not 
apply to transfers of funds expressly provided for in Defense 
Appropriations Acts, or provisions of Acts providing supplemental 
appropriations for the Department of Defense.
    Sec. 8052. (a) <<NOTE: Notification. Deadline.>> Notwithstanding any 
other provision of law, none of the funds available to the Department of 
Defense for the current fiscal year may be obligated or expended to 
transfer to another nation or an international organization any defense 
articles or services (other than intelligence services) for use in the 
activities described in subsection (b) unless the congressional defense 
committees, the Committee on International Relations of the House of 
Representatives, and the Committee on Foreign Relations of the Senate 
are notified 15 days in advance of such transfer.

    (b) <<NOTE: Applicability.>> This section applies to--
            (1) any international peacekeeping or peace-enforcement 
        operation under the authority of chapter VI or chapter VII of 
        the United Nations Charter under the authority of a United 
        Nations Security Council resolution; and
            (2) any other international peacekeeping, peace-enforcement, 
        or humanitarian assistance operation.

    (c) A notice under subsection (a) shall include the following:
            (1) A description of the equipment, supplies, or services to 
        be transferred.
            (2) A statement of the value of the equipment, supplies, or 
        services to be transferred.
            (3) In the case of a proposed transfer of equipment or 
        supplies--
                    (A) a statement of whether the inventory 
                requirements of all elements of the Armed Forces 
                (including the reserve components) for the type of 
                equipment or supplies to be transferred have been met; 
                and
                    (B) a statement of whether the items proposed to be 
                transferred will have to be replaced and, if so, how the 
                President proposes to provide funds for such 
                replacement.

    Sec. 8053. None of the funds available to the Department of Defense 
under this Act shall be obligated or expended to pay a contractor under 
a contract with the Department of Defense for costs of any amount paid 
by the contractor to an employee when--
            (1) such costs are for a bonus or otherwise in excess of the 
        normal salary paid by the contractor to the employee; and
            (2) such bonus is part of restructuring costs associated 
        with a business combination.


                      (including transfer of funds)


    Sec. 8054. During the current fiscal year, no more than $30,000,000 
of appropriations made in this Act under the heading ``Operation and 
Maintenance, Defense-Wide'' may be transferred

[[Page 121 STAT. 1327]]

to appropriations available for the pay of military personnel, to be 
merged with, and to be available for the same time period as the 
appropriations to which transferred, to be used in support of such 
personnel in connection with support and services for eligible 
organizations and activities outside the Department of Defense pursuant 
to section 2012 of title 10, United States Code.
    Sec. 8055. During the current fiscal year, in the case of an 
appropriation account of the Department of Defense for which the period 
of availability for obligation has expired or which has closed under the 
provisions of section 1552 of title 31, United States Code, and which 
has a negative unliquidated or unexpended balance, an obligation or an 
adjustment of an obligation may be charged to any current appropriation 
account for the same purpose as the expired or closed account if--
            (1) the obligation would have been properly chargeable 
        (except as to amount) to the expired or closed account before 
        the end of the period of availability or closing of that 
        account;
            (2) the obligation is not otherwise properly chargeable to 
        any current appropriation account of the Department of Defense; 
        and
            (3) in the case of an expired account, the obligation is not 
        chargeable to a current appropriation of the Department of 
        Defense under the provisions of section 1405(b)(8) of the 
        National Defense Authorization Act for Fiscal Year 1991, Public 
        Law 101-510, as amended (31 U.S.C. 1551 note): Provided, That in 
        the case of an expired account, if subsequent review or 
        investigation discloses that there was not in fact a negative 
        unliquidated or unexpended balance in the account, any charge to 
        a current account under the authority of this section shall be 
        reversed and recorded against the expired account: Provided 
        further, That the total amount charged to a current 
        appropriation under this section may not exceed an amount equal 
        to one percent of the total appropriation for that account.

    Sec. 8056. (a) Notwithstanding any other provision of law, the Chief 
of the National Guard Bureau may permit the use of equipment of the 
National Guard Distance Learning Project by any person or entity on a 
space-available, reimbursable basis. The Chief of the National Guard 
Bureau shall establish the amount of reimbursement for such use on a 
case-by-case basis.
    (b) Amounts collected under subsection (a) shall be credited to 
funds available for the National Guard Distance Learning Project and be 
available to defray the costs associated with the use of equipment of 
the project under that subsection. Such funds shall be available for 
such purposes without fiscal year limitation.
    Sec. 8057. <<NOTE: Germany.>> Using funds available by this Act or 
any other Act, the Secretary of the Air Force, pursuant to a 
determination under section 2690 of title 10, United States Code, may 
implement cost-effective agreements for required heating facility 
modernization in the Kaiserslautern Military Community in the Federal 
Republic of Germany: Provided, That in the City of Kaiserslautern such 
agreements will include the use of United States anthracite as the base 
load energy for municipal district heat to the United States Defense 
installations: Provided further, That at Landstuhl Army Regional Medical 
Center and Ramstein Air Base, furnished heat may be obtained from 
private, regional or municipal services, if provisions are included for 
the consideration of United States coal as an energy source.

[[Page 121 STAT. 1328]]

    Sec. 8058. None of the funds appropriated in title IV of this Act 
may be used to procure end-items for delivery to military forces for 
operational training, operational use or inventory requirements: 
Provided, That this restriction does not apply to end-items used in 
development, prototyping, and test activities preceding and leading to 
acceptance for operational use: Provided further, That this restriction 
does not apply to programs funded within the National Intelligence 
Program: Provided further,  <<NOTE: Waiver 
authority. Certification.>> That the Secretary of Defense may waive this 
restriction on a case-by-case basis by certifying in writing to the 
Committees on Appropriations of the House of Representatives and the 
Senate that it is in the national security interest to do so.

    Sec. 8059. <<NOTE: American Samoa. Native 
Americans.>> Notwithstanding any other provision of law, funds available 
to the Department of Defense in this Act shall be made available to 
provide transportation of medical supplies and equipment, on a 
nonreimbursable basis, to American Samoa, and funds available to the 
Department of Defense shall be made available to provide transportation 
of medical supplies and equipment, on a nonreimbursable basis, to the 
Indian Health Service when it is in conjunction with a civil-military 
project.

    Sec. 8060. None of the funds made available in this Act may be used 
to approve or license the sale of the F-22A advanced tactical fighter to 
any foreign government.
    Sec. 8061. (a) <<NOTE: Waiver authority.>> The Secretary of Defense 
may, on a case-by-case basis, waive with respect to a foreign country 
each limitation on the procurement of defense items from foreign sources 
provided in law if the Secretary determines that the application of the 
limitation with respect to that country would invalidate cooperative 
programs entered into between the Department of Defense and the foreign 
country, or would invalidate reciprocal trade agreements for the 
procurement of defense items entered into under section 2531 of title 
10, United States Code, and the country does not discriminate against 
the same or similar defense items produced in the United States for that 
country.

    (b) <<NOTE: Applicability.>> Subsection (a) applies with respect 
to--
            (1) contracts and subcontracts entered into on or after the 
        date of the enactment of this Act; and
            (2) options for the procurement of items that are exercised 
        after such date under contracts that are entered into before 
        such date if the option prices are adjusted for any reason other 
        than the application of a waiver granted under subsection (a).

    (c) Subsection (a) does not apply to a limitation regarding 
construction of public vessels, ball and roller bearings, food, and 
clothing or textile materials as defined by section 11 (chapters 50-65) 
of the Harmonized Tariff Schedule and products classified under headings 
4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 7229, 
7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 
8211, 8215, and 9404.
    Sec. 8062. <<NOTE: Human rights.>> (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

[[Page 121 STAT. 1329]]

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) <<NOTE: Waiver authority.>> 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) <<NOTE: Deadline. Reports.>> 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 information relating to 
human rights violations that necessitates the waiver.

    Sec. 8063. None of the funds appropriated or made available in this 
Act to the Department of the Navy shall be used to develop, lease or 
procure the T-AKE class of ships unless the main propulsion diesel 
engines and propulsors are manufactured in the United States by a 
domestically operated entity: Provided,  <<NOTE: Waiver 
authority. Certification.>> That the Secretary of Defense may waive this 
restriction on a case-by-case basis by certifying in writing to the 
Committees on Appropriations of the House of Representatives and the 
Senate that adequate domestic supplies are not available to meet 
Department of Defense requirements on a timely basis and that such an 
acquisition must be made in order to acquire capability for national 
security purposes or there exists a significant cost or quality 
difference.

    Sec. 8064. None of the funds appropriated or otherwise made 
available by this or other Department of Defense Appropriations Acts may 
be obligated or expended for the purpose of performing repairs or 
maintenance to military family housing units of the Department of 
Defense, including areas in such military family housing units that may 
be used for the purpose of conducting official Department of Defense 
business.
    Sec. 8065. <<NOTE: Reports.>> Notwithstanding any other provision of 
law, funds appropriated in this Act under the heading ``Research, 
Development, Test and Evaluation, Defense-Wide'' for any new start 
advanced concept technology demonstration project or joint capability 
demonstration project may only be obligated 30 days after a report, 
including a description of the project, the planned acquisition and 
transition strategy and its estimated annual and total cost, has been 
provided in writing to the congressional defense committees: Provided, 
<<NOTE: Waiver authority. Certification.>> That the Secretary of Defense 
may waive this restriction on a case-by-case basis by certifying to the 
congressional defense committees that it is in the national interest to 
do so.

    Sec. 8066. <<NOTE: Reports. Confidential 
information. Deadline.>> The Secretary of Defense shall provide a 
classified quarterly report beginning 30 days after enactment of this 
Act, to the House and Senate Appropriations Committees, Subcommittees on 
Defense on certain matters as directed in the classified annex 
accompanying this Act.

    Sec. 8067. <<NOTE: Effective date. 10 USC 2784 note.>> Beginning in 
the current fiscal year and hereafter, refunds attributable to the use 
of the Government travel card, refunds attributable to the use of the 
Government Purchase Card and refunds attributable to official Government 
travel arranged by Government Contracted Travel Management Centers may 
be credited to operation and maintenance, and research, development, 
test and evaluation accounts of the Department of Defense which are 
current when the refunds are received.

[[Page 121 STAT. 1330]]

    Sec. 8068. (a) None of the funds appropriated in this Act may be 
used for a mission critical or mission essential financial management 
information technology system (including a system funded by the defense 
working capital fund) that is not registered with the Chief Information 
Officer of the Department of Defense. A system shall be considered to be 
registered with that officer upon the furnishing to that officer of 
notice of the system, together with such information concerning the 
system as the Secretary of Defense may prescribe. A financial management 
information technology system shall be considered a mission critical or 
mission essential information technology system as defined by the Under 
Secretary of Defense (Comptroller).
    (b)(1) <<NOTE: Certification.>> During the current fiscal year, a 
financial management automated information system, a mixed information 
system supporting financial and non-financial systems, or a system 
improvement of more than $1,000,000 may not receive Milestone A 
approval, Milestone B approval, or full rate production, or their 
equivalent, within the Department of Defense until the Under Secretary 
of Defense (Comptroller) certifies, with respect to that milestone, that 
the system is being developed and managed in accordance with the 
Department's Financial Management Modernization Plan. The Under 
Secretary of Defense (Comptroller) may require additional 
certifications, as appropriate, with respect to any such system.

    (2) <<NOTE: Notification.>> The Chief Information Officer shall 
provide the congressional defense committees timely notification of 
certifications under paragraph (1).

    (c)(1) During the current fiscal year, a major automated information 
system may not receive Milestone A approval, Milestone B approval, or 
full rate production approval, or their equivalent, within the 
Department of Defense until the Chief Information Officer certifies, 
with respect to that milestone, that the system is being developed in 
accordance with the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.). 
The Chief Information Officer may require additional certifications, as 
appropriate, with respect to any such system.
    (2) <<NOTE: Notification.>> The Chief Information Officer shall 
provide the congressional defense committees timely notification of 
certifications under paragraph (1). Each such notification shall include 
a statement confirming that the following steps have been taken with 
respect to the system:
            (A) Business process reengineering.
            (B) An analysis of alternatives.
            (C) An economic analysis that includes a calculation of the 
        return on investment.
            (D) Performance measures.
            (E) An information assurance strategy consistent with the 
        Department's Global Information Grid.

    (d) For purposes of this section:
            (1) The term ``Chief Information Officer'' means the senior 
        official of the Department of Defense designated by the 
        Secretary of Defense pursuant to section 3506 of title 44, 
        United States Code.
            (2) The term ``information technology system'' has the 
        meaning given the term ``information technology'' in section 
        5002 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401).

    Sec. 8069. During the current fiscal year, none of the funds 
available to the Department of Defense may be used to provide

[[Page 121 STAT. 1331]]

support to another department or agency of the United States if such 
department or agency is more than 90 days in arrears in making payment 
to the Department of Defense for goods or services previously provided 
to such department or agency on a reimbursable basis: Provided, That 
this restriction shall not apply if the department is authorized by law 
to provide support to such department or agency on a nonreimbursable 
basis, and is providing the requested support pursuant to such 
authority: <<NOTE: Waiver authority. Certification.>> Provided further, 
That the Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the Committees on Appropriations 
of the House of Representatives and the Senate that it is in the 
national security interest to do so.

    Sec. 8070. Notwithstanding section 12310(b) of title 10, United 
States Code, a Reserve who is a member of the National Guard serving on 
full-time National Guard duty under section 502(f) of title 32, United 
States Code, may perform duties in support of the ground-based elements 
of the National Ballistic Missile Defense System.
    Sec. 8071. <<NOTE: Ammunition.>> None of the funds provided in this 
Act may be used to transfer to any nongovernmental entity ammunition 
held by the Department of Defense that has a center-fire cartridge and a 
United States military nomenclature designation of ``armor penetrator'', 
``armor piercing (AP)'', ``armor piercing incendiary (API)'', or 
``armor-piercing incendiary-tracer (API-T)'', except to an entity 
performing demilitarization services for the Department of Defense under 
a contract that requires the entity to demonstrate to the satisfaction 
of the Department of Defense that armor piercing projectiles are either: 
(1) rendered incapable of reuse by the demilitarization process; or (2) 
used to manufacture ammunition pursuant to a contract with the 
Department of Defense or the manufacture of ammunition for export 
pursuant to a License for Permanent Export of Unclassified Military 
Articles issued by the Department of State.

    Sec. 8072. Notwithstanding any other provision of law, the Chief of 
the National Guard Bureau, or his designee, may waive payment of all or 
part of the consideration that otherwise would be required under section 
2667 of title 10, United States Code, in the case of a lease of personal 
property for a period not in excess of one year to any organization 
specified in section 508(d) of title 32, United States Code, or any 
other youth, social, or fraternal non-profit organization as may be 
approved by the Chief of the National Guard Bureau, or his designee, on 
a case-by-case basis.
    Sec. 8073. <<NOTE: Alcohol and alcoholic beverages.>> None of the 
funds appropriated by this Act shall be used for the support of any 
nonappropriated funds activity of the Department of Defense that 
procures malt beverages and wine with nonappropriated funds for resale 
(including such alcoholic beverages sold by the drink) on a military 
installation located in the United States unless such malt beverages and 
wine are procured within that State, or in the case of the District of 
Columbia, within the District of Columbia, in which the military 
installation is located: Provided, That in a case in which the military 
installation is located in more than one State, purchases may be made in 
any State in which the installation is located: Provided further, 
<<NOTE: Applicability.>> That such local procurement requirements for 
malt beverages and wine shall apply to all alcoholic beverages only for 
military installations in States which are not contiguous with

[[Page 121 STAT. 1332]]

another State and Guam: Provided further, That alcoholic beverages other 
than wine and malt beverages, in contiguous States and the District of 
Columbia shall be procured from the most competitive source, price and 
other factors considered.

    Sec. 8074. Funds available to the Department of Defense for the 
Global Positioning System during the current fiscal year may be used to 
fund civil requirements associated with the satellite and ground control 
segments of such system's modernization program.


                      (including transfer of funds)


    Sec. 8075. Of the amounts appropriated in this Act under the heading 
``Operation and Maintenance, Army'', $34,500,000 shall remain available 
until expended: Provided, That notwithstanding any other provision of 
law, the Secretary of Defense is authorized to transfer such funds to 
other activities of the Federal Government: Provided further, 
<<NOTE: Contracts.>> That the Secretary of Defense is authorized to 
enter into and carry out contracts for the acquisition of real property, 
construction, personal services, and operations related to projects 
carrying out the purposes of this section: Provided further, That 
contracts entered into under the authority of this section may provide 
for such indemnification as the Secretary determines to be necessary: 
Provided further, That projects authorized by this section shall comply 
with applicable Federal, State, and local law to the maximum extent 
consistent with the national security, as determined by the Secretary of 
Defense.

    Sec. 8076. <<NOTE: Applicability. 10 USC 113 note.>> Section 8106 of 
the Department of Defense Appropriations Act, 1997 (titles I through 
VIII of the matter under subsection 101(b) of Public Law 104-208; 110 
Stat. 3009-111; 10 U.S.C. 113 note) shall continue in effect to apply to 
disbursements that are made by the Department of Defense in fiscal year 
2008.

    Sec. 8077. In addition to amounts provided elsewhere in this Act, 
$10,000,000 is hereby appropriated to the Department of Defense, to 
remain available for obligation until 
expended: <<NOTE: Grants.>> Provided, That notwithstanding any other 
provision of law, these funds shall be available only for a grant to the 
Fisher House Foundation, Inc., only for the construction and furnishing 
of additional Fisher Houses to meet the needs of military family members 
when confronted with the illness or hospitalization of an eligible 
military beneficiary.

    Sec. 8078. The Secretary of the Air Force is authorized, using funds 
available under the heading ``Operation and Maintenance, Air Force'', to 
complete phased electrical infrastructure upgrades at Hickam Air Force 
Base.
    Sec. 8079. (a) The Secretary of Defense, in coordination with the 
Secretary of Health and Human Services, may carry out a program to 
distribute surplus dental and medical equipment of the Department of 
Defense, at no cost to the Department of Defense, to Indian Health 
Service facilities and to federally-qualified health centers (within the 
meaning of section 1905(l)(2)(B) of the Social Security Act (42 U.S.C. 
1396d(l)(2)(B))).
    (b) <<NOTE: Government property. Native Americans.>> In carrying out 
this provision, the Secretary of Defense shall give the Indian Health 
Service a property disposal priority equal to the priority given to the 
Department of Defense and its twelve special screening programs in 
distribution of surplus dental and medical supplies and equipment.

[[Page 121 STAT. 1333]]

                      (including transfer of funds)


    Sec. 8080. Of the amounts appropriated in this Act under the heading 
``Research, Development, Test and Evaluation, Defense-Wide'', 
$155,572,000 shall be made available for the Arrow missile defense 
program: Provided, That of this amount, $37,383,000 shall be available 
for the purpose of producing Arrow missile components in the United 
States and Arrow missile components and missiles in Israel to meet 
Israel's defense requirements, consistent with each nation's laws, 
regulations and procedures, $20,000,000 shall be available for risk 
mitigation and preliminary design activities for an upper-tier component 
to the Israeli Missile Defense Architecture, and $37,000,000 shall be 
available for the Short Range Ballistic Missile Defense (SRBMD) program: 
Provided further, That funds made available under this provision for 
production of missiles and missile components may be transferred to 
appropriations available for the procurement of weapons and equipment, 
to be merged with and to be available for the same time period and the 
same purposes as the appropriation to which transferred: Provided 
further, That the transfer authority provided under this provision is in 
addition to any other transfer authority contained in this Act.


                      (including transfer of funds)


    Sec. 8081. Of the amounts appropriated in this Act under the heading 
``Shipbuilding and Conversion, Navy'', $511,474,000 shall be available 
until September 30, 2008, to fund prior year shipbuilding cost 
increases: Provided, That upon enactment of this Act, the Secretary of 
the Navy shall transfer such funds to the following appropriations in 
the amounts specified: Provided further, That the amounts transferred 
shall be merged with and be available for the same purposes as the 
appropriations to which transferred:
    To:
    Under the heading ``Shipbuilding and Conversion, Navy, 2001/2008'':
            Carrier Replacement Program, $336,475,000;

    Under the heading ``Shipbuilding and Conversion, Navy, 2002/2008'':
            New SSN, $45,000,000;

    Under the heading ``Shipbuilding and Conversion, Navy, 2003/2008'':
            New SSN, $40,000,000;

    Under the heading ``Shipbuilding and Conversion, Navy, 2004/2008'':
            New SSN, $24,000,000; and

    Under the heading ``Shipbuilding and Conversion, Navy, 2005/2009'':
            LPD-17 Amphibious Transport Dock Ship Program, $65,999,000.

    Sec. 8082. None of the funds available to the Department of Defense 
may be obligated to modify command and control relationships to give 
Fleet Forces Command administrative and operational control of U.S. Navy 
forces assigned to the Pacific fleet: Provided, That the command and 
control relationships which existed on October 1, 2004, shall remain in 
force unless changes are specifically authorized in a subsequent Act.

[[Page 121 STAT. 1334]]

    Sec. 8083. Notwithstanding any other provision of law or regulation, 
the Secretary of Defense may exercise the provisions of section 7403(g) 
of title 38, United States Code, foroccupations listed in section 
7403(a)(2) of title 38, United States Code, as well as the following:
            Pharmacists, Audiologists, Psychologists, Social Workers, 
        Othotists/Prosthetists, Occupational Therapists, Physical 
        Therapists, Rehabilitation Therapists, Respiratory Therapists, 
        Speech Pathologists, Dietitian/Nutritionists, Industrial 
        Hygienists, Psychology Technicians, Social Service Assistants, 
        Practical Nurses, Nursing Assistants, and Dental Hygienists:
                    (A) <<NOTE: Applicability.>> The requirements of 
                section 7403(g)(1)(A) of title 38, United States Code, 
                shall apply.
                    (B) The limitations of section 7403(g)(1)(B) of 
                title 38, United States Code, shall not apply.

    Sec. 8084. Funds appropriated by this Act, or made available by the 
transfer of funds in this Act, for intelligence activities are deemed to 
be specifically authorized by the Congress for purposes of section 504 
of the National Security Act of 1947 (50 U.S.C. 414) during fiscal year 
2008 until the enactment of the Intelligence Authorization Act for 
fiscal year 2008.
    Sec. 8085. <<NOTE: Notification.>> None of the funds provided in 
this Act shall be available for obligation or expenditure through a 
reprogramming of funds that creates or initiates a new program, project, 
or activity unless such program, project, or activity must be undertaken 
immediately in the interest of national security and only after written 
prior notification to the congressional defense committees.

    Sec. 8086. (a) In addition to the amounts provided elsewhere in this 
Act, the amount of $990,000 is hereby appropriated to the Department of 
Defense for ``Operation and Maintenance, Army National 
Guard''. <<NOTE: Grants.>> Such amount shall be made available to the 
Secretary of the Army only to make a grant in the amount of $990,000 to 
the entity specified in subsection (b) to facilitate access by veterans 
to opportunities for skilled employment in the construction industry.

    (b) The entity referred to in subsection (a) is the Center for 
Military Recruitment, Assessment and Veterans Employment, a nonprofit 
labor-management co-operation committee provided for by section 
302(c)(9) of the Labor-Management Relations Act, 1947 (29 U.S.C. 
186(c)(9)), for the purposes set forth in section 6(b) of the Labor 
Management Cooperation Act of 1978 (29 U.S.C. 175a note).
    Sec. 8087. In addition to funds made available elsewhere in this 
Act, $5,500,000 is hereby appropriated and shall remain available until 
expended to provide assistance, by grant or otherwise (such as, but not 
limited to, the provision of funds for repairs, maintenance, 
construction, and/or for the purchase of information technology, text 
books, teaching resources), to public schools that have unusually high 
concentrations of special needs military dependents enrolled: Provided, 
That in selecting school systems to receive such assistance, special 
consideration shall be given to school systems in States that are 
considered overseas assignments, and all schools within these school 
systems shall be eligible for assistance: Provided further, That up to 2 
percent of the total appropriated funds under this section shall be 
available to support the administration and execution of the funds or 
program and/

[[Page 121 STAT. 1335]]

or events that promote the purpose of this appropriation (e.g. payment 
of travel and per diem of school teachers attending conferences or a 
meeting that promotes the purpose of this appropriation and/or 
consultant fees for on-site training of teachers, staff, or Joint 
Venture Education Forum (JVEF) Committee members): Provided further, 
That up to $2,000,000 shall be available for the Department of Defense 
to establish a non-profit trust fund to assist in the public-private 
funding of public school repair and maintenance projects, or provide 
directly to non-profit organizations who in return will use these monies 
to provide assistance in the form of repair, maintenance, or renovation 
to public school systems that have high concentrations of special needs 
military dependents and are located in States that are considered 
overseas assignments: Provided further, That to the extent a Federal 
agency provides this assistance, by contract, grant, or otherwise, it 
may accept and expend non-Federal funds in combination with these 
Federal funds to provide assistance for the authorized purpose, if the 
non-Federal entity requests such assistance and the non-Federal funds 
are provided on a reimbursable basis.
    Sec. 8088. The Department of Defense and the Department of the Army 
shall make future budgetary and programming plans to fully finance the 
Non-Line of Sight Future Force cannon (NLOS-C) and a compatible large 
caliber ammunition resupply capability for this system supported by the 
Future Combat Systems (FCS) Brigade Combat Team (BCT) in order to field 
this system in fiscal year 2010: Provided, That the Army shall develop 
the NLOS-C independent of the broader FCS development timeline to 
achieve fielding by fiscal year 2010. In addition the Army will deliver 
eight combat operational pre-production NLOS-C systems by the end of 
calendar year 2008. These systems shall be in addition to those systems 
necessary for developmental and operational testing: Provided further, 
That the Army shall ensure that budgetary and programmatic plans will 
provide for no fewer than seven Stryker Brigade Combat Teams.
    Sec. 8089. In addition to the amounts appropriated or otherwise made 
available elsewhere in this Act, $62,700,000 is hereby appropriated to 
the Department of Defense: Provided,  <<NOTE: Grants.>> That the 
Secretary of Defense shall make grants in the amounts specified as 
follows: $20,000,000 to the United Service Organizations; $20,000,000 to 
the Red Cross; $5,000,000 for the SOAR Virtual School District; 
$3,500,000 for Harnett County/Fort Bragg, North Carolina infrastructure 
improvements; $2,000,000 to The Presidio Trust; $1,200,000 to the 
National Bureau of Asian Research; $4,800,000 to the Jamaica Bay Unit of 
Gateway National Recreation Area; $5,000,000 to the Paralympics Military 
Program; and, $1,200,000 to the Red Cross Consolidated Blood Services 
Facility.

    Sec. 8090. Up to $3,000,000 of the funds appropriated under the 
heading ``Operation and Maintenance, Navy'' in this Act for the Pacific 
Missile Range Facility may be made available to contract for the repair, 
maintenance, and operation of adjacent off-base water, drainage, and 
flood control systems, electrical upgrade to support additional missions 
critical to base operations, and support for a range footprint expansion 
to further guard against encroachment.
    Sec. 8091. <<NOTE: Federal budget. 10 USC 221 note.>> The budget of 
the President for fiscal year 2009 submitted to the Congress pursuant to 
section 1105 of title 31,

[[Page 121 STAT. 1336]]

United States Code, shall include separate budget justification 
documents for costs of United States Armed Forces' participation in 
contingency operations for the Military Personnel accounts, the 
Operation and Maintenance accounts, and the Procurement accounts: 
Provided, That these documents shall include a description of the 
funding requested for each contingency operation, for each military 
service, to include all Active and Reserve components, and for each 
appropriations account: Provided further, That these documents shall 
include estimated costs for each element of expense or object class, a 
reconciliation of increases and decreases for each contingency 
operation, and programmatic data including, but not limited to, troop 
strength for each Active and Reserve component, and estimates of the 
major weapons systems deployed in support of each contingency: Provided 
further, That these documents shall include budget exhibits OP-5 and OP-
32 (as defined in the Department of Defense Financial Management 
Regulation) for all contingency operations for the budget year and the 
two preceding fiscal years.

    Sec. 8092. None of the funds in this Act may be used for research, 
development, test, evaluation, procurement or deployment of nuclear 
armed interceptors of a missile defense system.
    Sec. 18093. None of the funds appropriated or made available in this 
Act shall be used to reduce or disestablish the operation of the 53rd 
Weather Reconnaissance Squadron of the Air Force Reserve, if such action 
would reduce the WC-130 Weather Reconnaissance mission below the levels 
funded in this Act: Provided, That the Air Force shall allow the 53rd 
Weather Reconnaissance Squadron to perform other missions in support of 
national defense requirements during the non-hurricane season.
    Sec. 8094. None of the funds provided in this Act shall be available 
for integration of foreign intelligence information unless the 
information has been lawfully collected and processed during the conduct 
of authorized foreign intelligence activities: Provided, That 
information pertaining to United States persons shall only be handled in 
accordance with protections provided in the Fourth Amendment of the 
United States Constitution as implemented through Executive Order No. 
12333.
    Sec. 8095. <<NOTE: Notification. Deployment.>> (a) At the time 
members of reserve components of the Armed Forces are called or ordered 
to active duty under section 12302(a) of title 10, United States Code, 
each member shall be notified in writing of the expected period during 
which the member will be mobilized.

    (b) <<NOTE: Waiver authority.>> The Secretary of Defense may waive 
the requirements of subsection (a) in any case in which the Secretary 
determines that it is necessary to do so to respond to a national 
security emergency or to meet dire operational requirements of the Armed 
Forces.


                      (including transfer of funds)


    Sec. 8096. The Secretary of Defense may transfer funds from any 
available Department of the Navy appropriation to any available Navy 
ship construction appropriation for the purpose of liquidating necessary 
changes resulting from inflation, market fluctuations, or rate 
adjustments for any ship construction program appropriated in law: 
Provided, That the Secretary may transfer not to exceed $100,000,000 
under the authority provided by this section: Provided further, 
<<NOTE: Effective date.>> That the Secretary may not transfer any funds 
until 30 days after the proposed transfer has been reported to

[[Page 121 STAT. 1337]]

the Committees on Appropriations of the House of Representatives and the 
Senate, unless a response from the Committees is received sooner: 
Provided further, That the transfer authority provided by this section 
is in addition to any other transfer authority contained elsewhere in 
this Act.

    Sec. 8097. (a) The total amount appropriated or otherwise made 
available in titles II, III and IV of this Act is hereby reduced by 
$506,900,000 for contractor efficiencies.
    (b) The Secretary of Defense shall allocate this reduction 
proportionately to each budget activity, activity group, subactivity 
group, and each program, project, and activity within each applicable 
appropriation account.
    Sec. 8098. For purposes of section 612 of title 41, United States 
Code, any subdivision of appropriations made under the heading 
``Shipbuilding and Conversion, Navy'' that is not closed at the time 
reimbursement is made shall be available to reimburse the Judgment Fund 
and shall be considered for the same purposes as any subdivision under 
the heading ``Shipbuilding and Conversion, Navy'' appropriations in the 
current fiscal year or any prior fiscal year.
    Sec. 8099. <<NOTE: 10 USC note prec. 1121.>> Hereafter, the 
Secretary of Defense may present promotional materials, including a 
United States flag, to any member of an Active or Reserve component 
under the Secretary's jurisdiction who, as determined by the Secretary, 
participates in Operation Enduring Freedom or Operation Iraqi Freedom, 
along with other recognition items in conjunction with any week-long 
national observation and day of national celebration, if established by 
Presidential proclamation, for any such members returning from such 
operations.

    Sec. 8100. (a) None of the funds appropriated by this Act may be 
used to transfer research and development, acquisition, or other program 
authority relating to current tactical unmanned aerial vehicles (TUAVs) 
from the Army.
    (b) The Army shall retain responsibility for and operational control 
of the Extended Range Multi-Purpose (ERMP) Unmanned Aerial Vehicle (UAV) 
in order to support the Secretary of Defense in matters relating to the 
employment of unmanned aerial vehicles.
    Sec. 8101. Of the funds provided in this Act, $10,000,000 shall be 
available for the operations and development of training and technology 
for the Joint Interagency Training and Education Center and the 
affiliated Center for National Response at the Memorial Tunnel and for 
providing homeland defense/security and traditional warfighting training 
to the Department of Defense, other Federal agency, and State and local 
first responder personnel at the Joint Interagency Training and 
Education Center.
    Sec. 8102. <<NOTE: Extension date.>> The authority to conduct a 
continuing cooperative program in the proviso in title II of Public Law 
102-368 under the heading ``Research, Development, Test and Evaluation, 
Defense Agencies'' (106 Stat. 1121) shall be extended through September 
30, 2009, in cooperation with NELHA.

    Sec. 8103. Up to $12,000,000 of the funds appropriated under the 
heading, ``Operation and Maintenance, Navy'' may be made available for 
the Asia Pacific Regional Initiative Program for the purpose of enabling 
the Pacific Command to execute Theater Security Cooperation activities 
such as humanitarian assistance, and

[[Page 121 STAT. 1338]]

payment of incremental and personnel costs of training and exercising 
with foreign security forces: Provided, That funds made available for 
this purpose may be used, notwithstanding any other funding authorities 
for humanitarian assistance, security assistance or combined exercise 
expenses: Provided further, That funds may not be obligated to provide 
assistance to any foreign country that is otherwise prohibited from 
receiving such type of assistance under any other provision of law.
    Sec. 8104. Notwithstanding any other provision of this Act, to 
reflect savings from revised economic assumptions, the total amount 
appropriated in title II of this Act is hereby reduced by $470,000,000, 
the total amount appropriated in title III of this Act is hereby reduced 
by $506,000,000, the total amount appropriated in title IV of this Act 
is hereby reduced by $367,000,000, and the total amount appropriated in 
title V of this Act is hereby reduced by $10,000,000: Provided, That the 
Secretary of Defense shall allocate this reduction proportionally to 
each budget activity, activity group, subactivity group, and each 
program, project, and activity, within each appropriation account.
    Sec. 8105. None of the funds appropriated by this Act available for 
the Civilian Health and Medical Program of the Uniformed Services 
(CHAMPUS) or TRICARE shall be available for the reimbursement of any 
health care provider for inpatient mental health service for care 
received when a patient is referred to a provider of inpatient mental 
health care or residential treatment care by a medical or health care 
professional having an economic interest in the facility to which the 
patient is referred: Provided, That this limitation does not apply in 
the case of inpatient mental health services provided under the program 
for persons with disabilities under subsection (d) of section 1079 of 
title 10, United States Code, provided as partial hospital care, or 
provided pursuant to a waiver authorized by the Secretary of Defense 
because of medical or psychological circumstances of the patient that 
are confirmed by a health professional who is not a Federal employee 
after a review, pursuant to rules prescribed by the Secretary, which 
takes into account the appropriate level of care for the patient, the 
intensity of services required by the patient, and the availability of 
that care.
    Sec. 8106. Notwithstanding any other provision of law or regulation, 
the Secretary of Defense may adjust wage rates for civilian employees 
hired for certain health care occupations as authorized for the 
Secretary of Veterans Affairs by section 7455 of title 38, United States 
Code.
    Sec. 8107. 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 
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.
    Sec. 8108. None of the funds appropriated by this Act for programs 
of the Office of the Director of National Intelligence shall remain 
available for obligation beyond the current fiscal year, except for 
funds appropriated for research and technology, which shall remain 
available until September 30, 2009.

[[Page 121 STAT. 1339]]

    Sec. 8109. <<NOTE: Applicability.>> For purposes of section 1553(b) 
of title 31, United States Code, any subdivision of appropriations made 
in this Act under the heading ``Shipbuilding and Conversion, Navy'' 
shall be considered to be for the same purpose as any subdivision under 
the heading ``Shipbuilding and Conversion, Navy'' appropriations in any 
prior fiscal year, and the one percent limitation shall apply to the 
total amount of the appropriation.

    Sec. 8110. Notwithstanding any other provision of law, that not more 
than 35 percent of funds provided in this Act for environmental 
remediation may be obligated under indefinite delivery/indefinite 
quantity contracts with a total contract value of $130,000,000 or 
higher.
    Sec. 8111. <<NOTE: 10 USC 221 note.>> The Secretary of Defense shall 
create a major force program category for space for the Future Years 
Defense Program of the Department of Defense. <<NOTE: Designation.>> The 
Secretary of Defense shall designate an official in the Office of the 
Secretary of Defense to provide overall supervision of the preparation 
and justification of program recommendations and budget proposals to be 
included in such major force program category.


                      (including transfer of funds)


    Sec. 8112. In addition to funds made available elsewhere in this 
Act, there is hereby appropriated $150,000,000, to remain available 
until transferred: Provided, That these funds are appropriated to the 
``Tanker Replacement Transfer Fund'' (referred to as ``the Fund'' 
elsewhere in this section): Provided further, That the Secretary of the 
Air Force may transfer amounts in the Fund to ``Operation and 
Maintenance, Air Force'', ``Aircraft Procurement, Air Force'', and 
``Research, Development, Test and Evaluation, Air Force'', only for the 
purposes of proceeding with a tanker acquisition program: Provided 
further, That funds transferred shall be merged with and be available 
for the same purposes and for the same time period as the appropriation 
or fund to which transferred: Provided further, That this transfer 
authority is in addition to any other transfer authority available to 
the Department of Defense: Provided further, 
That <<NOTE: Deadline. Notification.>> the Secretary of the Air Force 
shall, not fewer than 15 days prior to making transfers using funds 
provided in this section, notify the congressional defense committees in 
writing of the details of any <<NOTE: Reports. Deadline.>> 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.

    Sec. 8113. 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. 8114. 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.

[[Page 121 STAT. 1340]]

            (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.
            (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. 8115. Notwithstanding any other provision of law, none of the 
funds made available in this Act may be used to pay negotiated indirect 
cost rates on a contract, grant, or cooperative agreement (or similar 
arrangement) entered into by the Department of Defense and an entity in 
excess of 35 percent of the total cost of the contract, grant, or 
agreement (or similar arrangement): Provided, 
<<NOTE: Applicability.>> That this limitation shall apply only to 
contracts, grants, or cooperative agreements entered into after the date 
of the enactment of this Act using funds made available in this Act for 
fiscal year 2008 for basic research.

    Sec. 8116. <<NOTE: Afghanistan. Iraq. 10 USC 221 note.>> Any request 
for funds for a fiscal year after fiscal year 2008 for an ongoing 
military operation overseas, including operations in Afghanistan and 
Iraq, shall be included in the annual budget of the President for such 
fiscal year as submitted to Congress under section 1105(a) of title 31, 
United States Code.

    Sec. 8117. 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 National Defense Authorization Act, Fiscal Year 2007 (Public Law 
109-364).
    Sec. 8118. From amounts appropriated in this or previous Acts making 
appropriations for the Department of Defense which remain available for 
obligation, up to $20,000,000 may be transferred by the Secretary of the 
Navy to the Secretary of the Department of the Interior for any expenses 
associated with the construction of the USS ARIZONA Memorial Museum and 
Visitors Center.
    Sec. 8119. (a) <<NOTE: Chemical weapons. Deadline. 50 USC 1521 
note.>> Notwithstanding any other provision of law, the Department of 
Defense shall complete work on the destruction of the United States 
stockpile of lethal chemical agents and munitions, including those 
stored at Blue Grass Army Depot, Kentucky, and Pueblo Chemical Depot, 
Colorado, by the deadline established by the Chemical Weapons 
Convention, and in no circumstances later than December 31, 2017.

    (b) Report.--
            (1) Not later than December 31, 2007, and every 180 days 
        thereafter, the Secretary of Defense shall submit to the parties 
        described in paragraph (2) a report on the progress of the 
        Department of Defense toward compliance with this section.
            (2) The parties referred to in paragraph (1) are the Speaker 
        of the House of Representatives, the Majority and Minority 
        Leaders of the House of Representatives, the Majority and 
        Minority Leaders of the Senate, and the congressional defense 
        committees.
            (3) Each report submitted under paragraph (1) shall include 
        the updated and projected annual funding levels necessary to 
        achieve full compliance with this section. The projected funding 
        levels for each report shall include a detailed

[[Page 121 STAT. 1341]]

        accounting of the complete life-cycle costs for each of the 
        chemical disposal projects.

    (c) In this section, the term ``Chemical Weapons Convention'' means 
the Convention on the Prohibition of Development, Production, 
Stockpiling and Use of Chemical Weapons and on Their Destruction, with 
annexes, done at Paris, January 13, 1993, and entered into force April 
29, 1997 (T. Doc. 103-21).
    Sec. 8120. Paragraph 1(b) of Rule XXXV of the Standing Rules of the 
Senate is amended by adding at the end the following: ``It is not a gift 
for a Member (or a Senate employee making a reservation for that Member) 
to make more than one reservation on scheduled flights with 
participating airlines when such action assists the Member in conducting 
official business.''.
    Sec. 8121. <<NOTE: Deadline. Website. 5 USC app. 6 note.>> Not later 
than 30 days after the date of the enactment of this Act, the Secretary 
of Defense shall establish and maintain on the homepage of the Internet 
website of the Department of Defense a direct link to the Internet 
website of the Office of Inspector General of the Department of Defense.

    Sec. 8122. (a) Notwithstanding any other provision of law, and in 
addition to amounts otherwise made available by this Act, there is 
appropriated $11,630,000,000 for the ``Mine Resistant Ambush Protected 
Vehicle Fund'', to remain available until September 30, 2008.
    (b) <<NOTE: Research and development.>> 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) <<NOTE: Deadline. Notification.>> The Secretary of Defense 
shall, not less than 5 days prior to making any transfer under this 
subsection, notify the congressional defense committees in writing of 
the details of the transfer.

    (d) The amount provided by this section 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.
    This division may be cited as the ``Department of Defense 
Appropriations Act, 2008''.

           DIVISION B--FURTHER CONTINUING APPROPRIATIONS, 2008

    Sec. 101.  Public Law 110-92 is amended by striking the date 
specified in section 106(3) <<NOTE: Ante, p. 990.>> and inserting 
``December 14, 2007''.

    Sec. 102.  Public Law 110-92 is amended by adding at the end the 
following new sections:

[[Page 121 STAT. 1342]]

    ``Sec. 151.  <<NOTE: Extension.>> The authority provided by section 
113(e) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 
4504(e)) shall continue in effect through the date specified in section 
106(3) of this joint resolution.

    ``Sec. 152.  Notwithstanding section 101, amounts are provided for 
`Department of Commerce--Bureau of the Census--Periodic Censuses and 
Programs' at a rate for operations of $1,025,398,000.
    ``Sec. 153.  Any obligation made pursuant to this joint resolution 
prior to the enactment of the Department of Defense Appropriations Act, 
2008 that relates to an amount provided in title IX of division A of 
Public Law 109-289, but is not chargeable under section 107 of this 
joint resolution to an appropriation, fund, or authorization contained 
in such 2008 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. 154.  <<NOTE: Charles Davis.>> Notwithstanding any other 
provision of this joint resolution, there is appropriated for payment to 
Charles Davis, widower of Jo Ann Davis, late a Representative from the 
State of Virginia, $165,200.

    ``Sec. 155.  Notwithstanding section 101, amounts are provided for 
the following accounts of the Department of Veterans Affairs at the 
following rates for operations: `Veterans Health Administration--Medical 
Services', $27,167,671,000; `Veterans Health Administration--Medical 
Administration', $3,442,000,000; `Veterans Health Administration--
Medical Facilities', $3,592,000,000; `Veterans Health Administration--
Medical and Prosthetic Research', $411,000,000; `Departmental 
Administration--General Operating Expenses', $1,471,837,000; 
`Departmental Administration--National Cemetery Administration', 
$166,809,000; `Departmental Administration--Office of Inspector 
General', $72,599,000; `Departmental Administration--Information 
Technology Systems', $1,859,217,000; `Departmental Administration--
Construction, Major Projects', $727,400,000; `Departmental 
Administration--Construction, Minor Projects', $233,396,000; 
`Departmental Administration--Grants for Construction of State Extended 
Care Facilities', $85,000,000; and `Departmental Administration--Grants 
for Construction of State Veterans Cemeteries', $32,000,000.
    ``Sec. 156.  <<NOTE: Applicability.>> Section 44303(b) of title 49, 
United States Code, shall be applied by substituting the date specified 
in section 106(3) of this joint resolution for `December 31, 2006'.

    ``Sec. 157. (a) Notwithstanding any other provision of this joint 
resolution, and in addition to amounts otherwise available by this joint 
resolution, there is appropriated $329,000,000 for `Department of 
Agriculture--Forest Service--Wildland Fire Management', to remain 
available until expended. Of such funds--
            ``(1) $110,000,000 shall be available for emergency wildfire 
        suppression;
            ``(2) <<NOTE: Deadline.>> $100,000,000 shall be used within 
        15 days of the enactment of this section for repayment to other 
        accounts from which such funds were transferred in fiscal year 
        2007 for wildfire suppression so that all such transfers for 
        fiscal year 2007 are fully repaid;
            ``(3) $80,000,000 shall be available for hazardous fuels 
        reduction and hazard mitigation activities, of which $30,000,000

[[Page 121 STAT. 1343]]

        is available for work on State and private lands using all the 
        authorities available to the Forest Service;
            ``(4) $25,000,000 shall be available for rehabilitation and 
        restoration of Federal lands; and
            ``(5) $14,000,000 shall be available for reconstruction and 
        construction of Federal facilities and may be transferred to and 
        merged with `Forest Service--Capital Improvement and 
        Maintenance'.

    ``(b) Notwithstanding any other provision of this joint resolution, 
and in addition to amounts otherwise available by this joint resolution, 
there is appropriated $171,000,000 for `Department of the Interior--
Bureau of Land Management--Wildland Fire Management', to remain 
available until expended. Of such funds--
            ``(1) $40,000,000 shall be available for emergency wildfire 
        suppression;
            ``(2) <<NOTE: Deadline.>> $115,000,000 shall be used within 
        30 days of enactment of this section for repayment to other 
        accounts from which such funds were transferred in fiscal year 
        2007 for wildfire suppression so that all such transfers for 
        fiscal year 2007 are fully repaid;
            ``(3) $10,000,000 shall be available for hazardous fuels 
        reduction activities; and
            ``(4) $6,000,000 shall be available for rehabilitation and 
        restoration of Federal lands.

    ``(c) Each amount provided by this section 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. 158. (a) Notwithstanding any other provision of this joint 
resolution, and in addition to amounts otherwise made available by this 
joint resolution, there is appropriated $2,900,000,000 for `Department 
of Homeland Security--Federal Emergency Management Agency--Disaster 
Relief', to remain available until expended.
    ``(b) The amount provided by this section 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. 159. <<NOTE: Grants. Louisiana.>> (a) Notwithstanding any 
other provision of this joint resolution, and in addition to amounts 
otherwise made available by this joint resolution, there is appropriated 
$3,000,000,000 for `Department of Housing and Urban Development--
Community Planning and Development--Community Development Fund', to 
remain available until expended, to enable the Secretary of Housing and 
Urban Development to make a grant or grants to the State of Louisiana 
solely for the purpose of covering costs associated with otherwise 
uncompensated but eligible claims that were filed on or before July 31, 
2007, under the Road Home program administered by the State in 
accordance with plans approved by the Secretary.

    ``(b) In allocating funds under this section, the Secretary of 
Housing and Urban Development shall ensure that such funds serve only to 
supplement and not supplant any other State or Federal resources 
committed to the Road Home program. No funds shall be drawn from the 
Treasury under this section beyond those necessary to fulfill the 
exclusive purpose of this section.

[[Page 121 STAT. 1344]]

    ``(c) The amount provided by this section 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.''.

    Approved November 13, 2007.

LEGISLATIVE HISTORY--H.R. 3222:
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 110-279 (Comm. on Appropriations) and 110-434 
(Comm. of Conference).
SENATE REPORTS: No. 110-155 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 153 (2007):
            Aug. 4, considered and passed House.
            Oct. 2, 3, considered and passed Senate, amended.
            Nov. 8, House and Senate agreed to conference report.

                                  <all>
Department of Defense Appropriations Act, 2008

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