160 
ture Force cannon (NLOS–C) and a compatible large cal-
iber ammunition resupply capability for this system sup-
ported by the Future Combat Systems (FCS) Brigade Com-
bat 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 five pre-production NLOS–C systems by the end 
of calendar year 2008 and three pre-production NLOS–C 
systems by the end of calendar year 2009. These systems 
shall be in addition to those systems necessary for develop-
mental and operational testing. 
SEC. 8086. The budget of the President for fiscal year 
2010 submitted to the Congress pursuant to section 1105 
of title 31, 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 Mainte-
nance 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 compo-
nents, and for each appropriations account: Provided fur-
ther, That these documents shall include estimated costs for 
each element of expense or object class, a reconciliation of
161 
increases and decreases for each contingency operation, and 
programmatic data including, but not limited to, troop 
strength for each Active and Reserve component, and esti-
mates 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 Regu-
lation) for all contingency operations for the budget year 
and the two preceding fiscal years. 
SEC. 8087. 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 de-
fense system. 
SEC. 8088. Up to $2,500,000 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 oper-
ation 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 foot-
print expansion to further guard against encroachment. 
SEC. 8089. 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 Squad-
ron of the Air Force Reserve, if such action would reduce
162 
the WC–130 Weather Reconnaissance mission below the lev-
els funded in this Act: Provided, That the Air Force shall 
allow the 53rd Weather Reconnaissance Squadron to per-
form other missions in support of national defense require-
ments during the non-hurricane season. 
SEC. 8090. None of the funds provided in this Act shall 
be available for integration of foreign intelligence informa-
tion unless the information has been lawfully collected and 
processed during the conduct of authorized foreign intel-
ligence 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 Execu-
tive Order No. 12333. 
SEC. 8091. (a) At the time members of reserve compo-
nents 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 require-
ments of subsection (a) in any case in which the Secretary 
determines that it is necessary to do so to respond to a na-
tional security emergency or to meet dire operational re-
quirements of the Armed Forces.
163 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8092. The Secretary of Defense may transfer 
funds from any available Department of the Navy appro-
priation to any available Navy ship construction appro-
priation for the purpose of liquidating necessary changes 
resulting from inflation, market fluctuations, or rate adjust-
ments for any ship construction program appropriated in 
law: Provided, That the Secretary may transfer not to ex-
ceed $100,000,000 under the authority provided by this sec-
tion: Provided further, That the Secretary may not transfer 
any funds until 30 days after the proposed transfer has been 
reported to 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 addi-
tion to any other transfer authority contained elsewhere in 
this Act. 
SEC. 8093. 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’’
164 
appropriations in the current fiscal year or any prior fiscal 
year. 
SEC. 8094. (a) None of the funds appropriated by this 
Act may be used to transfer research and development, ac-
quisition, or other program authority relating to current 
tactical unmanned aerial vehicles (TUAVs) from the Army. 
(b) The Army shall retain responsibility for and oper-
ational control of the MQ–1C Sky Warrior Unmanned Aer-
ial Vehicle (UAV) in order to support the Secretary of De-
fense in matters relating to the employment of unmanned 
aerial vehicles. 
(c) None of the funds appropriated by this Act may 
be used to institute an inter-Service common contract for 
acquisition of MQ–1 or MQ–1C UAVs until 30 days after 
the Secretary of Defense certifies to the congressional defense 
committees that a common contract would achieve cost sav-
ings, be interoperable with, and not create undue 
sustainment costs compared to the current fleet. 
SEC. 8095. None of the funds appropriated by this Act, 
and hereafter, available for the Civilian Health and Med-
ical 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
165 
by a medical or health care professional having an economic 
interest in the facility to which the patient is referred: Pro-
vided, That this limitation does not apply in the case of 
inpatient mental health services provided under the pro-
gram 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 au-
thorized by the Secretary of Defense because of medical or 
psychological circumstances of the patient that are con-
firmed by a health professional who is not a Federal em-
ployee 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. 8096. Of the funds provided in this Act, 
$10,000,000 shall be available for the operations and devel-
opment of training and technology for the Joint Inter-
agency 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 agencies, and State and local first responder per-
sonnel at the Joint Interagency Training and Education 
Center.
166 
SEC. 8097. 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 Af-
fairs by section 7455 of title 38, United States Code. 
SEC. 8098. The authority to conduct a continuing co-
operative 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 and hereafter, in 
cooperation with NELHA. 
SEC. 8099. Up to $15,000,000 of the funds appro-
priated 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 activi-
ties such as humanitarian assistance, and payment of in-
cremental 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 assist-
ance to any foreign country that is otherwise prohibited
167 
from receiving such type of assistance under any other pro-
vision of law. 
SEC. 8100. None of the funds appropriated by this Act 
for programs of the Office of the Director of National Intel-
ligence shall remain available for obligation beyond the cur-
rent fiscal year, except for funds appropriated for research 
and technology, which shall remain available until Sep-
tember 30, 2010. 
SEC. 8101. Notwithstanding any other provision of 
this Act, to reflect savings from revised economic assump-
tions, the total amount appropriated in title II of this Act 
is hereby reduced by $313,780,000, the total amount appro-
priated in title III of this Act is hereby reduced by 
$298,000,000, and the total amount appropriated in title 
IV of this Act is hereby reduced by $218,000,000: Provided, 
That the Secretary of Defense shall allocate this reduction 
proportionally to each budget activity, activity group, sub-
activity group, and each program, project, and activity, 
within each appropriation account. 
SEC. 8102. 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 ‘‘Ship-
building and Conversion, Navy’’ appropriations in any
168 
prior fiscal year, and the 1 percent limitation shall apply 
to the total amount of the appropriation. 
SEC. 8103. 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. 8104. 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 Sec-
retary 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 rec-
ommendations and budget proposals to be included in such 
major force program category. 
SEC. 8105. During the current fiscal year and here-
after, none of the funds appropriated or otherwise available 
to the Department of Defense may be obligated or expended 
to provide award fees to any defense contractor contrary 
to the provisions of section 814 of the National Defense Au-
thorization Act, Fiscal Year 2007 (Public Law 109–364). 
SEC. 8106. None of the funds appropriated or other-
wise made available by this or any other Act shall be obli-
gated or expended by the United States Government for a 
purpose as follows:
169 
(1) To establish any military installation or base 
for the purpose of providing for the permanent sta-
tioning of United States Armed Forces in Iraq. 
(2) To exercise United States control over any 
oil resource of Iraq. 
SEC. 8107. Beginning with the fiscal year 2010 budget 
request, the Director of National Intelligence shall include 
the budget exhibits identified in paragraphs (1) and (2) as 
described in the Department of Defense Financial Manage-
ment Regulation with the congressional budget justification 
books. 
(1) For procurement programs requesting more 
than $20,000,000 in any fiscal year, the P–1, Pro-
curement Program; P–5, Cost Analysis; P–5a, Pro-
curement History and Planning; P–21, Production 
Schedule; and P–40 Budget Item Justification. 
(2) For research, development, test and evalua-
tion projects requesting more than $10,000,000 in 
any fiscal year, the R–1, RDT&E Program; R–2, 
RDT&E Budget Item Justification; R–3, RDT&E 
Project Cost Analysis; and R–4, RDT&E Program 
Schedule Profile. 
SEC. 8108. None of the funds made available in this 
Act may be used in contravention of the following laws en-
acted or regulations promulgated to implement the United
170 
Nations Convention Against Torture and Other Cruel, In-
human or Degrading Treatment or Punishment (done at 
New York on December 10, 1984): 
(1) Section 2340A of title 18, United States 
Code. 
(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 Pan-
demic Influenza Act, 2006 (Public Law 109–148). 
SEC. 8109. 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 coopera-
tive agreements entered into after the date of the enactment