PUBLIC LAW 110–116—NOV. 13, 2007 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. 

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. 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—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 

Department of 

Defense 

Appropriations 

Act, 2008. 

1 USC 1 note. 

Nov. 13, 2007 

[H.R. 3222] 

121 STAT. 1296 PUBLIC LAW 110–116—NOV. 13, 2007 

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. 

PUBLIC LAW 110–116—NOV. 13, 2007 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. 

121 STAT. 1298 PUBLIC LAW 110–116—NOV. 13, 2007 

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 provi- sion 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 

PUBLIC LAW 110–116—NOV. 13, 2007 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, 

121 STAT. 1300 PUBLIC LAW 110–116—NOV. 13, 2007 

to be merged with and made available for the same purposes 

and for the time period provided under this heading: Provided 

further, 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 

Deadline. 

Notification. 

PUBLIC LAW 110–116—NOV. 13, 2007 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 

121 STAT. 1302 PUBLIC LAW 110–116—NOV. 13, 2007 

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 

PUBLIC LAW 110–116—NOV. 13, 2007 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 

121 STAT. 1304 PUBLIC LAW 110–116—NOV. 13, 2007 

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 

PUBLIC LAW 110–116—NOV. 13, 2007 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. 

121 STAT. 1306 PUBLIC LAW 110–116—NOV. 13, 2007 

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 destina- tion 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, 

PUBLIC LAW 110–116—NOV. 13, 2007 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 

121 STAT. 1308 PUBLIC LAW 110–116—NOV. 13, 2007 

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, 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 

Deadline. 

Assessment. 

PUBLIC LAW 110–116—NOV. 13, 2007 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. 

121 STAT. 1310 PUBLIC LAW 110–116—NOV. 13, 2007 

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. 

PUBLIC LAW 110–116—NOV. 13, 2007 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, That within 60 days of the 

enactment of this Act, a plan for the intended management and 

use of the amounts provided under this heading shall be submitted 

to the congressional defense committees: Provided further, That 

the Secretary of Defense shall submit a report not later than 

30 days after the end of each fiscal quarter to the congressional 

defense committees providing assessments of the evolving threats, 

Reports. 

Deadline. 

Deadline. 

Plan. 

121 STAT. 1312 PUBLIC LAW 110–116—NOV. 13, 2007 

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: 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 

Deadline. 

Notification. 

PUBLIC LAW 110–116—NOV. 13, 2007 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. 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: 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, 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 

Notification. 

Wages. 

10 USC 1584 

note. 

121 STAT. 1314 PUBLIC LAW 110–116—NOV. 13, 2007 

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, 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, 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) 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) 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: 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 

Notification. has notified the Congress of the proposed transfer. Except in 

Notification. 

Certification. 

Deadline. 

Reports. 

Notification. 

Deadline. 

PUBLIC LAW 110–116—NOV. 13, 2007 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. 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. 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. 

Contracts. 

Notification. 

Deadline. 

10 USC 2306b 

note. 

Notification. 

Deadline. 

121 STAT. 1316 PUBLIC LAW 110–116—NOV. 13, 2007 

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, 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 fulltime 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: Provided 

further, That this section applies only to active components of 

the Army. 

SEC. 8015. (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— 

Contracts. 

Outsourcing. 

Applicability. 

Humanitarian 

assistance. 

PUBLIC LAW 110–116—NOV. 13, 2007 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. 

121 STAT. 1318 PUBLIC LAW 110–116—NOV. 13, 2007 

(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. 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, 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. 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, 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. 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 

Contracts. 

Waiver authority. 

Certification. 

Ammunition. 

Certification. 

Vessels. 

PUBLIC LAW 110–116—NOV. 13, 2007 121 STAT. 1319 

Appropriations for the Department of Defense with respect to any 

fiscal year: Provided further, 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. 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 

Kuwait. 

Applicability. 

121 STAT. 1320 PUBLIC LAW 110–116—NOV. 13, 2007 

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) 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: 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, 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. 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 

10 USC 101 note. 

Waiver authority. 

Certification. 

Applicability. 

Reports. 

PUBLIC LAW 110–116—NOV. 13, 2007 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. (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) 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. 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. (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. 

Housing. 

Native 

Americans. 

State listing. 

10 USC 374 note. 

Reports. 

41 USC 10b–2 

note. 

121 STAT. 1322 PUBLIC LAW 110–116—NOV. 13, 2007 

(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) 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: 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 

50 USC 503u 

note. 

Budget. 

PUBLIC LAW 110–116—NOV. 13, 2007 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, DefenseWide’’, 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) 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. 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 

Contracts. 

Labeling. 

Fraud. 

121 STAT. 1324 PUBLIC LAW 110–116—NOV. 13, 2007 

confirmed by the Senate, determines that the award of such 

contract is in the interest of the national defense.KLGG 

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) The Secretary of Defense or Secretary of a military department may waive the limitations in subsection (a), on a case-bycase 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, DefenseWide’’ 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, DefenseWide, 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 

Waiver authority. 

Certification. 

PUBLIC LAW 110–116—NOV. 13, 2007 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. 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: 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. (a) None of the funds available to the Department 

of Defense for any fiscal year for drug interdiction or counterdrug activities may be transferred to any other department or 

agency of the United States except as specifically provided in an 

appropriations law. 

(b) 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, That the Secretary of the military department responsible 

for such procurement may waive this restriction on a case-bycase 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 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. 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 

Certification. 

Applicability. 

Waiver authority. 

Certification. 

50 USC 403f 

note. 

10 USC 374 note. 

Waiver authority. 

Certification. 

North Korea. 

121 STAT. 1326 PUBLIC LAW 110–116—NOV. 13, 2007 

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) 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) 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 

Applicability. 

Notification. 

Deadline. 

PUBLIC LAW 110–116—NOV. 13, 2007 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. 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. 

Germany. 

121 STAT. 1328 PUBLIC LAW 110–116—NOV. 13, 2007 

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, 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. 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) The Secretary of Defense may, on a case-bycase 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) 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. (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 

Human rights. 

Applicability. 

Waiver authority. 

American Samoa. 

Native 

Americans. 

Waiver authority. 

Certification. 

PUBLIC LAW 110–116—NOV. 13, 2007 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) The Secretary of Defense, after consultation with the Secretary of State, may waive the prohibition in subsection (a) if 

he determines that such waiver is required by extraordinary circumstances. 

(d) Not more than 15 days after the exercise of any waiver 

under subsection (c), the Secretary of Defense shall submit a report 

to the congressional defense committees describing the extraordinary circumstances, the purpose and duration of the training 

program, the United States forces and the foreign security forces 

involved in the training program, and the 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, 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. 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, 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. 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. 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. 

Effective date. 

10 USC 2784 

note. 

Reports. 

Confidential 

information. 

Deadline. 

Waiver authority. 

Certification. 

Reports. 

Waiver authority. 

Certification. 

Deadline. 

Reports. 

Waiver authority. 

121 STAT. 1330 PUBLIC LAW 110–116—NOV. 13, 2007 

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) 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) 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) 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 

Notification. 

Notification. 

Certification. 

PUBLIC LAW 110–116—NOV. 13, 2007 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: 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. 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. 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, 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 

Applicability. 

Alcohol and 

alcoholic 

beverages. 

Ammunition. 

Waiver authority. 

Certification. 

121 STAT. 1332 PUBLIC LAW 110–116—NOV. 13, 2007 

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, 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. 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: 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) 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. 

Government 

property. 

Native 

Americans. 

Grants. 

Applicability. 

10 USC 113 note. 

Contracts. 

PUBLIC LAW 110–116—NOV. 13, 2007 121 STAT. 1333 

(INCLUDING TRANSFER OF FUNDS) 

SEC. 8080. Of the amounts appropriated in this Act under 

the heading ‘‘Research, Development, Test and Evaluation, DefenseWide’’, $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. 

121 STAT. 1334 PUBLIC LAW 110–116—NOV. 13, 2007 

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) 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. 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’’. 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/ 

Grants. 

Notification. 

Applicability. 

PUBLIC LAW 110–116—NOV. 13, 2007 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 nonFederal 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, 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. The budget of the President for fiscal year 2009 

submitted to the Congress pursuant to section 1105 of title 31, 

Federal budget. 

10 USC 221 note. 

Grants. 

121 STAT. 1336 PUBLIC LAW 110–116—NOV. 13, 2007 

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. (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) 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, That the Secretary may not transfer any funds 

until 30 days after the proposed transfer has been reported to 

Effective date. 

Waiver authority. 

Notification. 

Deployment. 

PUBLIC LAW 110–116—NOV. 13, 2007 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. 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. 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 

Extension date. 

10 USC note 

prec. 1121. 

121 STAT. 1338 PUBLIC LAW 110–116—NOV. 13, 2007 

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. 

PUBLIC LAW 110–116—NOV. 13, 2007 121 STAT. 1339 

SEC. 8109. 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. The Secretary of Defense shall create a major force 

program category for space for the Future Years Defense Program 

of the Department of Defense. 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 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 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. 

Reports. 

Deadline. 

Deadline. 

Notification. 

Designation. 

10 USC 221 note. 

Applicability. 

121 STAT. 1340 PUBLIC LAW 110–116—NOV. 13, 2007 

(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, 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. 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) 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 

Chemical 

weapons. 

Deadline. 

50 USC 1521 

note. 

Afghanistan. 

Iraq. 

10 USC 221 note. 

Applicability. 

PUBLIC LAW 110–116—NOV. 13, 2007 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. 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) The funds provided by subsection (a) shall be available 

to the Secretary of Defense to continue technological research and 

development and upgrades, to procure Mine Resistant Ambush 

Protected vehicles and associated support equipment, and to sustain, transport, and field Mine Resistant Ambush Protected vehicles. 

(c)(1) The Secretary of Defense shall transfer funds provided 

by subsection (a) to appropriations for operation and maintenance; 

procurement; and research, development, test and evaluation to 

accomplish the purposes specified in subsection (b). Such transferred 

funds shall be merged with and be available for the same purposes 

and for the same time period as the appropriation to which they 

are transferred. 

(2) The transfer authority provided by this subsection shall 

be in addition to any other transfer authority available to the 

Department of Defense. 

(3) The Secretary of Defense shall, not less than 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) and inserting ‘‘December 14, 2007’’. 

SEC. 102. Public Law 110–92 is amended by adding at the 

end the following new sections: 

Ante, p. 990. 

Deadline. 

Notification. 

Research and 

development. 

Deadline. 

Website. 

5 USC app. 6 

note. 

121 STAT. 1342 PUBLIC LAW 110–116—NOV. 13, 2007 

‘‘SEC. 151. 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. 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. 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) $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 

Deadline. 

Applicability. 

Charles Davis. 

Extension. 

PUBLIC LAW 110–116—NOV. 13, 2007 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) $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. (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. 

Grants. 

Louisiana. 

Deadline. 

121 STAT. 1344 PUBLIC LAW 110–116—NOV. 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. 

Æ 

‘‘(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.