II 
Calendar No. 353 
110TH CONGRESS 
1ST SESSION H.R. 3222 
[Report No. 110–155] 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 4, 2007 
Received; read twice and referred to the Committee on Appropriations 
SEPTEMBER 14, 2007 
Reported, under authority of the order of the Senate of January 4, 2007, by 
Mr. BYRD (for Mr. INOUYE), with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
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 Representa-
tives of the United States of America in Congress assembled, 
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 func-
tions administered by the Department of Defense and for 
other purposes, namely:
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TITLE I 
MILITARY PERSONNEL 
MILITARY PERSONNEL, ARMY 
For pay, allowances, individual clothing, subsistence, 
interest on deposits, gratuities, permanent change of sta-
tion travel (including all expenses thereof for organiza-
tional movements), and expenses of temporary duty travel 
between permanent duty stations, for members of the 
Army on active duty (except members of reserve compo-
nents 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 Depart-
ment
of
Defense
Military
Retirement
Fund, 
$31,346,005,000. 
MILITARY PERSONNEL, NAVY 
For pay, allowances, individual clothing, subsistence, 
interest on deposits, gratuities, permanent change of sta-
tion travel (including all expenses thereof for organiza-
tional movements), and expenses of temporary duty travel 
between permanent duty stations, for members of the 
Navy on active duty (except members of the Reserve pro-
vided 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,
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ment
of
Defense
Military
Retirement
Fund, 
$24,379,214,000. 
RESERVE PERSONNEL, ARMY 
For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Army Re-
serve 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 au-
thorized by section 16131 of title 10, United States Code; 
and for payments to the Department of Defense Military 
Retirement Fund, $3,629,620,000. 
RESERVE PERSONNEL, NAVY 
For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Navy Re-
serve 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 con-
nection with performing duty specified in section 12310(a) 
of title 10, United States Code, or while undergoing re-
serve training, or while performing drills or equivalent 
duty, and expenses authorized by section 16131 of title
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10, United States Code; and for payments to the Depart-
ment
of
Defense
Military
Retirement
Fund, 
$1,776,885,000. 
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 under-
going reserve training, or while performing drills or equiv-
alent 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, 
$513,472,000. 
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
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while undergoing reserve training, or while performing 
drills or equivalent duty or other duty, and expenses au-
thorized by section 16131 of title 10, United States Code; 
and for payments to the Department of Defense Military 
Retirement Fund, $1,365,679,000. 
NATIONAL GUARD PERSONNEL, ARMY 
For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Army Na-
tional 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 pay-
ments to the Department of Defense Military Retirement 
Fund, $5,815,017,000. 
NATIONAL GUARD PERSONNEL, AIR FORCE 
For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Air Na-
tional 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
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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 under-
going 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, 
$2,621,169,000. 
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 author-
ized by law; and not to exceed $11,478,000 can be used 
for emergencies and extraordinary expenses, to be ex-
pended 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, 
$26,404,495,000: Provided, That, notwithstanding any 
other provision of law, up to $12,500,000 shall be trans-
ferred 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
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as the appropriations to which transferred: Provided fur-
ther, That the transfer authority provided in this para-
graph 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 pur-
poses, $32,851,468,000. 
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, $4,471,858,000. 
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 extraordinary expenses, to be ex-
pended on the approval or authority of the Secretary of 
the Air Force, and payments may be made on his certifi-
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ther, That any ceiling on the investment item unit cost 
of items that may be purchased with operation and main-
tenance funds shall not apply to the funds described in 
the preceding proviso: 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, or-
ganization, and administration, of the Army Reserve; re-
pair of facilities and equipment; hire of passenger motor 
vehicles; travel and transportation; care of the dead; re-
cruiting; procurement of services, supplies, and equip-
ment; and communications, $2,510,890,000. 
OPERATION AND MAINTENANCE, NAVY RESERVE 
For expenses, not otherwise provided for, necessary 
for the operation and maintenance, including training, or-
ganization, and administration, of the Navy Reserve; re-
pair of facilities and equipment; hire of passenger motor 
vehicles; travel and transportation; care of the dead; re-
cruiting; procurement of services, supplies, and equip-
ment; and communications, $1,144,454,000.
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OPERATION AND MAINTENANCE, MARINE CORPS 
RESERVE 
For expenses, not otherwise provided for, necessary 
for the operation and maintenance, including training, or-
ganization, and administration, of the Marine Corps Re-
serve; repair of facilities and equipment; hire of passenger 
motor vehicles; travel and transportation; care of the dead; 
recruiting; procurement of services, supplies, and equip-
ment; and communications, $207,087,000. 
OPERATION AND MAINTENANCE, AIR FORCE RESERVE 
For expenses, not otherwise provided for, necessary 
for the operation and maintenance, including training, or-
ganization, and administration, of the Air Force Reserve; 
repair of facilities and equipment; hire of passenger motor 
vehicles; travel and transportation; care of the dead; re-
cruiting; procurement of services, supplies, and equip-
ment; and communications, $2,684,577,000. 
OPERATION AND MAINTENANCE, ARMY NATIONAL 
GUARD 
For expenses of training, organizing, and admin-
istering the Army National Guard, including medical and 
hospital treatment and related expenses in non-Federal 
hospitals; maintenance, operation, and repairs to struc-
tures and facilities; hire of passenger motor vehicles; per-
sonnel services in the National Guard Bureau; travel ex-
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penses (other than mileage), as authorized by law for 
Army personnel on active duty, for Army National Guard 
division, regimental, and battalion commanders while in-
specting units in compliance with National Guard Bureau 
regulations when specifically authorized by the Chief, Na-
tional Guard Bureau; supplying and equipping the Army 
National Guard as authorized by law; and expenses of re-
pair, modification, maintenance, and issue of supplies and 
equipment (including aircraft), $5,893,843,000. 
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD 
For expenses of training, organizing, and admin-
istering the Air National Guard, including medical and 
hospital treatment and related expenses in non-Federal 
hospitals; maintenance, operation, and repairs to struc-
tures and facilities; transportation of things, hire of pas-
senger 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
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Bureau regulations when specifically authorized by the 
Chief, National Guard Bureau, $5,021,077,000. 
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, $434,879,000, to 
remain available until transferred: Provided, That the Sec-
retary of the Army shall, upon determining that such 
funds are required for environmental restoration, reduc-
tion 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:
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Provided further, That the transfer authority provided 
under this heading is in addition to any other transfer au-
thority 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 Sec-
retary of the Navy shall, upon determining that such 
funds are required for environmental restoration, reduc-
tion 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 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 au-
thority provided elsewhere in this Act.
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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, re-
duction and recycling of hazardous waste, removal of un-
safe 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 deter-
mination that all or part of the funds transferred from 
this appropriation are not necessary for the purposes pro-
vided herein, such amounts may be transferred back to 
this appropriation: Provided further, That the transfer au-
thority 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 re-
main available until transferred: Provided, That the Sec-
retary of Defense shall, upon determining that such funds
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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 in-
stallations 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 per-
sonnel of the reserve components serving under the provi-
sions of title 10 and title 32, United States Code; for oper-
ation and maintenance; for procurement; and for research, 
development, test and evaluation, $945,772,000: 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 trans-
ferred: 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:
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Provided further, That the transfer authority provided 
under this heading is in addition to any other transfer au-
thority contained elsewhere in this Act. 
JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND 
(INCLUDING TRANSFER OF FUNDS) 
For the ‘‘Joint Improvised Explosive Device Defeat 
Fund’’, $500,000,000, to remain available until Sep-
tember 30, 2010: Provided, That of the amounts provided 
under this heading, not more than $110,000,000 shall be 
available for operating and administrative expenses: Pro-
vided further, 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, serv-
ices, 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 en-
actment 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 sub-
mit a report not later than 30 days after the end of each 
fiscal quarter to the congressional defense committees pro-
viding assessments of the evolving threats, individual serv-
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ice requirements to counter the threats, the current strat-
egy 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 Sec-
retary of Defense may transfer funds provided herein to 
appropriations for military personnel; operation and main-
tenance; procurement; research, development, test and 
evaluation; and defense working capital funds to accom-
plish the purpose provided herein: Provided further, That 
this transfer authority is in addition to any other transfer 
authority available to the Department of Defense: Pro-
vided further, That upon determination that all or part 
of the funds so transferred from this appropriation are 
not necessary for the purpose provided herein, such 
amounts may be transferred back to this appropriation: 
Provided further, That the Secretary of Defense shall, not 
fewer than 5 days prior to making transfers from this ap-
propriation, 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 In-
spector General in carrying out the provisions of the In-
spector General Act of 1978, as amended, $239,995,000, 
of which $238,995,000 shall be for operation and mainte-
nance, of which not to exceed $1,000,000 is available for
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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 certifi-
cate 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 Re-
tirement 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 Commu-
nity Management Account, $683,276,000: 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 sup-
port the Department of Defense’s counter-drug intel-
ligence
responsibilities,
and
of
the
said
amount, 
$1,500,000 for procurement shall remain available until
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September 30, 2010 and $1,000,000 for research, develop-
ment, test and evaluation shall remain available until Sep-
tember 30, 2009: Provided further, That the National 
Drug Intelligence Center shall maintain the personnel and 
technical resources to provide timely support to law en-
forcement authorities and the intelligence community by 
conducting document and computer exploitation of mate-
rials collected in Federal, State, and local 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 pur-
poses not authorized by the Congress. 
SEC. 8002. During the current fiscal year, provisions 
of law prohibiting the payment of compensation to, or em-
ployment 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 indi-
rect 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,
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United States Code, or at a rate in excess of the percent-
age 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 De-
fense foreign service national employees serving at United 
States diplomatic missions whose pay is set by the Depart-
ment of State under the Foreign Service Act of 1980: Pro-
vided 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 appro-
priations in this Act which are limited for obligation dur-
ing the current fiscal year shall be obligated during the 
last 2 months of the fiscal year: Provided, That this sec-
tion 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 inter-
est, he may, with the approval of the Office of Manage-
ment and Budget, transfer not to exceed $3,200,000,000 
of working capital funds of the Department of Defense
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tions shall be reported as required by section 401(d) of 
title 10, United States Code: Provided, That funds avail-
able 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, pursu-
ant to the Compact of Free Association as authorized by 
Public Law 99–239: Provided further, That upon a deter-
mination by the Secretary of the Army that such action 
is beneficial for graduate medical education programs con-
ducted at Army medical facilities located in Hawaii, the 
Secretary of the Army may authorize the provision of med-
ical services at such facilities and transportation to such 
facilities, on a nonreimbursable basis, for civilian patients 
from American Samoa, the Commonwealth of the North-
ern Mariana Islands, the Marshall Islands, the Federated 
States of Micronesia, Palau, and Guam. 
SEC. 8011. (a) During fiscal year 2008, the civilian 
personnel of the Department of Defense may not be man-
aged on the basis of any end-strength, and the manage-
ment 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.
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(b) The fiscal year 2009 budget request for the De-
partment 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. 8012. None of the funds made available by this 
Act shall be used in any way, directly or indirectly, to in-
fluence congressional action on any legislation or appro-
priation matters pending before the Congress. 
SEC. 8013. 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 stu-
dent and receiving benefits paid by the Secretary of Vet-
erans Affairs from the Department of Defense Education 
Benefits Fund when time spent as a full-time student is 
credited toward completion of a service commitment: Pro-
vided, 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.
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SEC. 8014. (a) LIMITATION
ON CONVERSION
TO 
CONTRACTOR PERFORMANCE.—None of the funds appro-
priated by this Act shall be available to convert to con-
tractor performance an activity or function of the Depart-
ment of Defense that, on or after the date of the enact-
ment of this Act, is performed by more than 10 Depart-
ment of Defense civilian employees unless— 
(1) the conversion is based on the result of a 
public-private competition that includes a most effi-
cient and cost effective organization plan developed 
by such activity or function; 
(2) the Competitive Sourcing Official deter-
mines that, over all performance periods stated in 
the solicitation of offers for performance of the ac-
tivity or function, the cost of performance of the ac-
tivity 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 organi-
zation’s personnel-related costs for performance 
of that activity or function by Federal employ-
ees; or 
(B) $10,000,000; and
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(3) the contractor does not receive an advan-
tage 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 pre-
mium 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) EXCEPTIONS.— 
(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 regu-
lation, 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—
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(A) is included on the procurement list es-
tablished pursuant to section 2 of the Javits- 
Wagner-O’Day Act (41 U.S.C. 47); 
(B) is planned to be converted to perform-
ance by a qualified nonprofit agency for the 
blind or by a qualified nonprofit agency for 
other severely handicapped individuals in ac-
cordance with that Act; or 
(C) is planned to be converted to perform-
ance by a qualified firm under at least 51 per-
cent 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 con-
tracts or contracts for depot maintenance as pro-
vided in sections 2469 and 2474 of title 10, United 
States Code. 
(c) TREATMENT OF CONVERSION.—The conversion 
of any activity or function of the Department of Defense 
under the authority provided by this section shall be cred-
ited toward any competitive or outsourcing goal, target, 
or measurement that may be established by statute, regu-
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lation, or policy and is deemed to be awarded under the 
authority of, and in compliance with, subsection (h) of sec-
tion 2304 of title 10, United States Code, for the competi-
tion or outsourcing of commercial activities. 
(TRANSFER OF FUNDS) 
SEC. 8015. Funds appropriated in title III of this Act 
for the Department of Defense Pilot Mentor-Protege Pro-
gram may be transferred to any other appropriation con-
tained in this Act solely for the purpose of implementing 
a
Mentor-Protege
Program
developmental
assistance 
agreement pursuant to section 831 of the National De-
fense 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. 8016. 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 substan-
tially 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 sub-
HR 3222 RS 
(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 com-
pensated for his or her services as a member of such enti-
ty, 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 Fed-
eral Joint Travel Regulations, when engaged in the per-
formance 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 construc-
tion 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: Pro-
HR 3222 RS 
vided, 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 submis-
sion 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. 
(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. 8025. 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 fa-
cility 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 re-
strictions 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
HR 3222 RS 
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: Pro-
vided further, That these restrictions shall not apply to 
contracts which are in being as of the date of the enact-
ment of this Act. 
SEC. 8026. 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 Sub-
committee on Defense of the Committee on Appropriations 
of the Senate, and the Subcommittee on Defense of the 
Committee on Appropriations of the House of Representa-
tives. 
SEC. 8027. During the current fiscal year, the De-
partment of Defense may acquire the modification, depot 
maintenance and repair of aircraft, vehicles and vessels 
as well as the production of components and other De-
fense-related articles, through competition between De-
partment of Defense depot maintenance activities and pri-
vate firms: Provided, That the Senior Acquisition Execu-
tive of the military department or Defense Agency con-
cerned, with power of delegation, shall certify that success-
ful bids include comparable estimates of all direct and in-
HR 3222 RS 
direct costs for both public and private bids: Provided fur-
ther, That Office of Management and Budget Circular A– 
76 shall not apply to competitions conducted under this 
section. 
SEC. 8028. (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 Amer-
ican 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 under-
standing, between the United States and a foreign country 
pursuant to which the Secretary of Defense has prospec-
tively waived the Buy American Act for certain products 
in that country. 
(b) The Secretary of Defense shall submit to the Con-
gress 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
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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. 8029. Notwithstanding any other provision of 
law, funds available during the current fiscal year and 
hereafter for ‘‘Drug Interdiction and Counter-Drug Activi-
ties, Defense’’ may be obligated for the Young Marines 
program. 
SEC. 8030. During the current fiscal year, amounts 
contained in the Department of Defense Overseas Military 
Facility Investment Recovery Account established by sec-
tion 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. 8031. (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
HR 3222 RS 
tribes located in the States of North Dakota, South Da-
kota, Montana, and Minnesota relocatable military hous-
ing 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 sub-
section (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. 
(c) The Operation Walking Shield Program shall re-
solve any conflicts among requests of Indian tribes for 
housing units under subsection (a) before submitting re-
quests 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. 8032. During the current fiscal year, appropria-
tions which are available to the Department of Defense
HR 3222 RS 
(2) to pay the basic pay of a member of the 
Armed Forces or civilian employee of the depart-
ment who is transferred or reassigned from a head-
quarters 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 mili-
tary department may waive the limitations in subsection 
(a), on a case-by-case basis, if the Secretary determines, 
and certifies to the Committees on Appropriations of the 
House of Representatives and the Senate that the grant-
ing 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 im-
provised explosive devices, and, as determined by the 
Secretary of the Army, other similar threats. 
SEC. 8040. The Secretary of Defense, notwith-
standing any other provision of law, acting through the 
Office of Economic Adjustment of the Department of De-
fense, may use funds made available in this Act under the 
heading ‘‘Operation and Maintenance, Defense-Wide’’ to 
make grants and supplement other Federal funds in ac-
HR 3222 RS 
cordance with the guidance provided in the Joint Explana-
tory Statement of the Committee of Conference to accom-
pany the conference report accompanying this Act. 
(RESCISSIONS) 
SEC. 8041. Of the funds appropriated in Department 
of Defense Appropriations Acts, the following funds are 
hereby rescinded from the following accounts and pro-
grams in the specified amounts: 
‘‘Aircraft Procurement, Air Force, 2006/2008’’, 
$25,786,000; 
‘‘Aircraft Procurement, Air Force, 2007/2009’’, 
$51,000,000; 
‘‘Research, Development, Test and Evaluation, 
Navy, 2007/2008’’, $24,000,000; 
‘‘Research, Development, Test and Evaluation, 
Air Force, 2007/2008’’, $142,000,000; and 
‘‘Research, Development, Test and Evaluation, 
Defense-Wide, 2007/2008’’, $125,000,000. 
SEC. 8042. None of the funds available in this Act 
may be used to reduce the authorized positions for mili-
tary (civilian) technicians of the Army National Guard, 
Air National Guard, Army Reserve and Air Force Reserve 
for the purpose of applying any 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.
HR 3222 RS 
SEC. 8043. None of the funds appropriated or other-
wise made available in this Act may be obligated or ex-
pended for assistance to the Democratic People’s Republic 
of Korea unless specifically appropriated for that purpose. 
SEC. 8044. Funds appropriated in this Act for oper-
ation and maintenance of the Military Departments, Com-
batant 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 coun-
terintelligence support to Combatant Commands, Defense 
Agencies and Joint Intelligence Activities, including the 
activities and programs included within the National Intel-
ligence 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. 8045. 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 as-
signed to military treatment facilities below the September 
30, 2003, level: Provided, That the Service Surgeons Gen-
eral may waive this section by certifying to the congres-
sional defense committees that the beneficiary population
HR 3222 RS 
is declining in some catchment areas and civilian strength 
reductions may be consistent with responsible resource 
stewardship and capitation-based budgeting. 
SEC. 8046. (a) None of the funds available to the 
Department of Defense for any fiscal year for drug inter-
diction or counter-drug activities may be transferred to 
any other department or agency of the United States ex-
cept as specifically provided in an appropriations law. 
(b) None of the funds available to the Central Intel-
ligence 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 law. 
SEC. 8047. 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-by-case basis by certi-
fying in writing to the Committees on Appropriations of 
the House of Representatives and the Senate, that ade-
quate domestic supplies are not available to meet Depart-
ment of Defense requirements on a timely basis and that 
such an acquisition must be made in order to acquire ca-
pability for national security purposes: Provided further,
HR 3222 RS 
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. 8048. None of the funds in this Act may be 
used to purchase any supercomputer which is not manu-
factured in the United States, unless the Secretary of De-
fense certifies to the congressional defense committees 
that such an acquisition must be made in order to acquire 
capability for national security purposes that is not avail-
able from United States manufacturers. 
SEC. 8049. 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 ap-
proves or implements the transfer of administrative re-
sponsibilities 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 with-
out the express authorization of the 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.
HR 3222 RS 
SEC. 8050. (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 commit-
tees, 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-en-
forcement 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.
HR 3222 RS 
(3) In the case of a proposed transfer of equip-
ment 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 trans-
ferred have been met; and 
(B) a statement of whether the items pro-
posed to be transferred will have to be replaced 
and, if so, how the President proposes to pro-
vide funds for such replacement. 
SEC. 8051. None of the funds available to the De-
partment 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 as-
sociated with a business combination. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8052. 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 to appropriations available for
HR 3222 RS 
that subsection. Such funds shall be available for such 
purposes without fiscal year limitation. 
SEC. 8055. 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 Repub-
lic
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 mu-
nicipal district heat to the United States Defense installa-
tions: Provided further, That at Landstuhl Army Regional 
Medical Center and Ramstein Air Base, furnished heat 
may be obtained from private, regional or municipal serv-
ices, if provisions are included for the consideration of 
United States coal as an energy source. 
SEC. 8056. None of the funds appropriated in title 
IV of this Act may be used to procure end-items for deliv-
ery to military forces for operational training, operational 
use or inventory requirements: Provided, That this restric-
tion 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
HR 3222 RS 
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. 8057. 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 De-
partment 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. 8058. 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. 8059. (a) The Secretary of Defense may, on a 
case-by-case basis, waive with respect to a foreign country 
each limitation on the procurement of defense items from 
foreign sources provided in law if the Secretary determines 
that the application of the limitation with respect to that 
country would invalidate cooperative programs entered 
into between the Department of Defense and the foreign
HR 3222 RS 
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 coun-
try. 
(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 applica-
tion of a waiver granted under subsection (a). 
(c) Subsection (a) does not apply to a limitation re-
garding construction of public vessels, ball and roller bear-
ings, 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. 8060. (a) None of the funds made available by 
this Act may be used to support any training program in-
volving a unit of the security forces of a foreign country
HR 3222 RS 
if the Secretary of Defense has received credible informa-
tion from the Department of State that the unit has com-
mitted a gross violation of human rights, unless all nec-
essary corrective steps have been taken. 
(b) The Secretary of Defense, in consultation with the 
Secretary of State, shall ensure that prior to a decision 
to conduct any training program referred to in subsection 
(a), full consideration is given to all credible information 
available to the Department of State relating to human 
rights violations by foreign security forces. 
(c) The Secretary of Defense, after consultation with 
the Secretary of State, may waive the prohibition in sub-
section (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 train-
ing program, and the information relating to human rights 
violations that necessitates the waiver. 
SEC. 8061. 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
HR 3222 RS 
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 Appro-
priations 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. 8062. None of the funds appropriated or other-
wise made available by this or other Department of De-
fense Appropriations Acts may be obligated or expended 
for the purpose of performing repairs or maintenance to 
military family housing units of the Department of De-
fense, including areas in such military family housing 
units that may be used for the purpose of conducting offi-
cial Department of Defense business. 
SEC. 8063. Notwithstanding any other provision of 
law or this Act, funds appropriated in this Act under the 
heading ‘‘Research, Development, Test and Evaluation, 
Defense-Wide’’ for any new start joint concept technology 
demonstration project may only be obligated 30 days after 
a report, including a description of the project, the
HR 3222 RS 
when confronted with the illness or hospitalization of an 
eligible military beneficiary. 
SEC. 8076. (a) The Secretary of Defense, in coordi-
nation 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 Serv-
ice facilities and to federally-qualified health centers (with-
in the meaning of section 1905(l)(2)(B) of the Social Se-
curity 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 Depart-
ment of Defense and its twelve special screening programs 
in distribution of surplus dental and medical supplies and 
equipment. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8077. Of the amounts appropriated in this Act 
under the heading ‘‘Research, Development, Test and 
Evaluation, Defense-Wide’’, $150,572,000 shall be for the 
Arrow missile defense program: Provided, That of this 
amount, $37,383,000 shall be for the purpose of pro-
ducing Arrow missile components in the United States and 
Arrow missile components and missiles in Israel to meet 
Israel’s defense requirements, consistent with each na-
tion’s laws, regulations and procedures; $26,000,000 shall
HR 3222 RS 
be available for the Short Range Ballistic Missile Defense 
(SRBMD) program; and, $26,000,000 shall be available 
only for risk mitigation and preliminary design activities 
for an upper-tier component to the Israeli Missile Defense 
Architecture: 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. 8078. 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 appropria-
tions 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:
HR 3222 RS 
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. 8079. 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, for occupations listed in section 7403(a)(2) of title 
38, United States Code, as well as the following: 
Pharmacists, Audiologists, Psychologists, Psychology 
Aides and Technicians, Social Workers, Social Services 
Assistants and Dental Hygienists:
HR 3222 RS 
(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. 8080. Funds appropriated by this Act, or made 
available by the transfer of funds in this Act, for intel-
ligence activities are deemed to be specifically authorized 
by the Congress for purposes of section 504 of the Na-
tional Security Act of 1947 (50 U.S.C. 414) during fiscal 
year 2008 until the enactment of the Intelligence Author-
ization Act for fiscal year 2008. 
SEC. 8081. 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 notifica-
tion to the congressional defense committees. 
SEC. 8082. (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 ‘‘Oper-
ation 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
HR 3222 RS 
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 Vet-
erans Employment, a nonprofit labor-management co-op-
eration 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. 8083. The Department of Defense and the De-
partment 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-produc-
tion NLOS–C systems by the end of calendar year 2008. 
These systems shall be in addition to those systems nec-
essary for developmental and operational testing: Provided 
further, That the Army shall ensure that budgetary and
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programmatic plans will provide for no fewer than eight 
Stryker Brigade Combat Teams. 
SEC. 8084. In addition to the amounts appropriated 
or
otherwise
made
available
elsewhere
in
this
Act, 
$70,000,000 is hereby appropriated to the Department of 
Defense: Provided, That the Secretary of Defense shall 
make
grants
in
the
amounts
specified
as
follows: 
$25,000,000
to
the
United
Service
Organizations; 
$25,000,000 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; 
$2,500,000 to The Presidio Trust; $1,500,000 to the Na-
tional Bureau of Asian Research; $6,000,000 to the Ja-
maica Bay Unit of Gateway National Recreation Area; 
and, $1,500,000 to the Red Cross Consolidated Blood 
Services Facility. 
SEC. 8085. The budget of the President for fiscal 
year 2009 submitted to the Congress pursuant to section 
1105 of title 31, United States Code, shall include sepa-
rate budget justification documents for the costs of United 
States Armed Forces’ named operations exceeding an esti-
mated cost of $100,000,000 for the Military Personnel ac-
counts, the Operation and Maintenance accounts, and the 
Procurement accounts: Provided, That these documents 
shall include a description of the funding requested for
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each named operation, for each military service, to include 
all Active and Reserve components, and for each appro-
priations 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 named operation, and programmatic data includ-
ing, but not limited to, troop strength for each Active and 
Reserve component, and estimates of the major weapons 
systems deployed in support of each named operation: Pro-
vided 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 
named operations for the budget year and the two pre-
ceding fiscal years. 
SEC. 8086. None of the funds in this Act may be 
used for research, development, test, evaluation, procure-
ment or deployment of nuclear armed interceptors of a 
missile defense system. 
SEC. 8087. 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 
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
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perform other missions in support of national defense re-
quirements during the non-hurricane season. 
SEC. 8088. None of the funds provided in this Act 
shall be available for integration of foreign intelligence in-
formation unless the information has been lawfully col-
lected and processed during the conduct of authorized for-
eign 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 imple-
mented through Executive Order No. 12333. 
SEC. 8089. (a) At the time members of reserve com-
ponents of the Armed Forces are called or ordered to ac-
tive duty under section 12302(a) of title 10, United States 
Code, each member shall be notified in writing of the ex-
pected 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 
national security emergency or to meet dire operational 
requirements of the Armed Forces. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8090. 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
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resulting from inflation, market fluctuations, or rate ad-
justments 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 trans-
fer has been reported to the Committees on Appropria-
tions of the House of Representatives and the Senate, un-
less 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. 8091. 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 sub-
division under the heading ‘‘Shipbuilding and Conversion, 
Navy’’ appropriations in the current fiscal year or any 
prior fiscal year. 
SEC. 8092. 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
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the Secretary, participates in Operation Enduring Free-
dom or Operation Iraqi Freedom, along with other rec-
ognition items in conjunction with any week-long national 
observation and day of national celebration, if established 
by Presidential proclamation, for any such members re-
turning from such operations. 
SEC. 8093. 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 $126,787,000: Provided, That the 
Secretary of Defense shall allocate this reduction propor-
tionally to each budget activity, activity group, subactivity 
group, and each program, project, and activity, within 
each appropriation account. 
SEC. 8094. 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 re-
ceived when a patient is referred to a provider of inpatient 
mental health care or residential treatment care by a med-
ical or health care professional having an economic inter-
est 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-
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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. 8095. 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 Vet-
erans Affairs by section 7455 of title 38, United States 
Code. 
SEC. 8096. Appropriations available to the Depart-
ment of Defense for the purchase of heavy and light ar-
mored vehicles for force protection purposes may be used 
for such purchase, up to a limit of $250,000 per vehicle, 
notwithstanding other limitations applicable to the pur-
chase of passenger carrying vehicles. 
SEC. 8097. Supervision and administration costs as-
sociated with construction projects outside the United 
States funded with appropriations available for operation
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and maintenance, may be obligated at the time a construc-
tion contract is awarded: Provided, That for the purpose 
of this section, supervision and administration costs in-
clude all in-house Government costs. 
SEC. 8098. 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. 
SEC. 8099. 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 
prior fiscal year, and the one percent limitation shall apply 
to the total amount of the appropriation. 
SEC. 8100. 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. 8101. The Secretary of Defense shall create a 
major force program category for space for the Future
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RESERVE PERSONNEL, NAVY 
For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Navy Re-
serve 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, $1,801,985,000. 
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 under-
going reserve training, or while performing drills or equiva-
lent 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 De-
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partment 
of 
Defense 
Military 
Retirement 
Fund, 
$595,372,000. 
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 sec-
tion 12310(a) of title 10, United States Code, or while un-
dergoing 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 pay-
ments to the Department of Defense Military Retirement 
Fund, $1,368,897,000. 
NATIONAL GUARD PERSONNEL, ARMY 
For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Army Na-
tional 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 under-
going training, or while performing drills or equivalent
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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, 
$5,947,354,000. 
NATIONAL GUARD PERSONNEL, AIR FORCE 
For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Air Na-
tional 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 connec-
tion 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, $2,616,560,000. 
TITLE II 
OPERATION AND MAINTENANCE 
OPERATION AND MAINTENANCE, ARMY 
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 emer-
gencies and extraordinary expenses, to be expended on the 
approval or authority of the Secretary of the Army, and
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payments may be made on his certificate of necessity for 
confidential military purposes, $28,598,563,000. 
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, 
$33,150,380,000. 
OPERATION AND MAINTENANCE, MARINE CORPS 
For expenses, not otherwise provided for, necessary for 
the operation and maintenance of the Marine Corps, as au-
thorized by law, $5,061,649,000. 
OPERATION AND MAINTENANCE, AIR FORCE 
For expenses, not otherwise provided for, necessary for 
the operation and maintenance of the Air Force, as author-
ized by law; and not to exceed $7,699,000 can be used for 
emergencies and 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, $32,599,333,000.
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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 de-
partments), as authorized by law, $22,445,227,000: Pro-
vided, 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 
none of the funds appropriated or otherwise made available 
by this Act may be used to plan or implement the consolida-
tion 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
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liaison office: Provided further, That $4,000,000, to remain 
available until expended, is available only for expenses re-
lating to certain classified activities, and may be trans-
ferred as necessary by the Secretary to operation and main-
tenance 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 pur-
chased with operation and maintenance funds shall not 
apply to the funds described in the preceding proviso: Pro-
vided 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, organi-
zation, and administration, of the Army Reserve; repair of 
facilities and equipment; hire of passenger motor vehicles; 
travel and transportation; care of the dead; recruiting; pro-
curement of services, supplies, and equipment; and commu-
nications, $2,510,286,000. 
OPERATION AND MAINTENANCE, NAVY RESERVE 
For expenses, not otherwise provided for, necessary for 
the operation and maintenance, including training, organi-
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zation, and administration, of the Navy Reserve; repair of 
facilities and equipment; hire of passenger motor vehicles; 
travel and transportation; care of the dead; recruiting; pro-
curement of services, supplies, and equipment; and commu-
nications, $1,187,151,000. 
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE 
For expenses, not otherwise provided for, necessary for 
the operation and maintenance, including training, organi-
zation, and administration, of the Marine Corps Reserve; 
repair of facilities and equipment; hire of passenger motor 
vehicles; travel and transportation; care of the dead; recruit-
ing; procurement of services, supplies, and equipment; and 
communications, $208,688,000. 
OPERATION AND MAINTENANCE, AIR FORCE RESERVE 
For expenses, not otherwise provided for, necessary for 
the operation and maintenance, including training, organi-
zation, 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; pro-
curement of services, supplies, and equipment; and commu-
nications, $2,816,103,000. 
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD 
For expenses of training, organizing, and admin-
istering the Army National Guard, including medical and 
hospital treatment and related expenses in non-Federal hos-
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purposes provided herein, such amounts may be transferred 
back to this appropriation. 
ENVIRONMENTAL RESTORATION, NAVY 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Navy, $300,591,000, to re-
main available until transferred: Provided, That the Sec-
retary 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 appro-
priation to other appropriations made available to the De-
partment 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 trans-
ferred from this appropriation are not necessary for the 
purposes provided herein, such amounts may be transferred 
back to this appropriation. 
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, re-
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duction 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 avail-
able 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. 
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 re-
quired for environmental restoration, reduction and recy-
cling 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 appropria-
tions to which transferred: Provided further, That upon a 
determination that all or part of the funds transferred from
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this appropriation are not necessary for the purposes pro-
vided herein, such amounts may be transferred back to this 
appropriation. 
ENVIRONMENTAL RESTORATION, FORMERLY USED 
DEFENSE SITES 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Army, $295,249,000, to re-
main available until transferred: Provided, That the Sec-
retary 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 at sites formerly used by the Department of De-
fense, transfer the funds made available by this appropria-
tion to other appropriations made available to the Depart-
ment 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 trans-
ferred from this appropriation are not necessary for the 
purposes provided herein, such amounts may be transferred 
back to this appropriation. 
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID 
For expenses relating to the Overseas Humanitarian, 
Disaster, and Civic Aid programs of the Department of De-
fense (consisting of the programs provided under sections
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401, 402, 404, 407, 2557, and 2561 of title 10, United 
States Code), $63,300,000, to remain available until Sep-
tember 30, 2009. 
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 se-
cure transportation and storage of nuclear, chemical and 
other weapons; for establishing programs to prevent the pro-
liferation 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, $448,048,000, 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 se-
curity enhancements for transport and storage of nuclear 
warheads in the Russian Far East.
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TITLE III 
PROCUREMENT 
AIRCRAFT PROCUREMENT, ARMY 
For construction, procurement, production, modifica-
tion, and modernization of aircraft, equipment, including 
ordnance, ground handling equipment, spare parts, and ac-
cessories therefor; specialized equipment and training de-
vices; 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 construc-
tion prosecuted thereon prior to approval of title; and pro-
curement 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, 
$4,273,998,000, to remain available for obligation until 
September 30, 2010. 
MISSILE PROCUREMENT, ARMY 
For construction, procurement, production, modifica-
tion, and modernization of missiles, equipment, including 
ordnance, ground handling equipment, spare parts, and ac-
cessories therefor; specialized equipment and training de-
vices; 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 construc-
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tion prosecuted thereon prior to approval of title; and pro-
curement 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, 
$1,756,979,000, to remain available for obligation until 
September 30, 2010. 
PROCUREMENT OF WEAPONS AND TRACKED COMBAT 
VEHICLES, ARMY 
For construction, procurement, production, and modi-
fication 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 in-
terests therein, may be acquired, and construction pros-
ecuted thereon prior to approval of title; and procurement 
and installation of equipment, appliances, and machine 
tools in public and private plants; reserve plant and Gov-
ernment and contractor-owned equipment layaway; and 
other expenses necessary for the foregoing purposes, 
$3,122,889,000, to remain available for obligation until 
September 30, 2010.
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States Code: Provided, That funds available for operation 
and maintenance shall be available for providing humani-
tarian 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 Sec-
retary of the Army that such action is beneficial for grad-
uate medical education programs conducted at Army med-
ical facilities located in Hawaii, the Secretary of the Army 
may authorize the provision of medical services at such fa-
cilities and transportation to such facilities, on a non-
reimbursable basis, for civilian patients from American 
Samoa, the Commonwealth of the Northern Mariana Is-
lands, the Marshall Islands, the Federated States of Micro-
nesia, Palau, and Guam. 
SEC. 8011. (a) During fiscal year 2008, the civilian 
personnel of the Department of Defense may not be man-
aged 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 Depart-
ment of Defense as well as all justification material and
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other documentation supporting the fiscal year 2009 De-
partment 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. 8012. None of the funds made available by this 
Act shall be used in any way, directly or indirectly, to in-
fluence congressional action on any legislation or appro-
priation matters pending before the Congress. 
SEC. 8013. 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 Af-
fairs from the Department of Defense Education Benefits 
Fund when time spent as a full-time student is credited 
toward completion of a service commitment: Provided, That 
this section shall not apply to those members who have reen-
listed with this option prior to October 1, 1987: Provided 
further, That this section applies only to active components 
of the Army. 
SEC. 8014. (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 per-
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formed by more than 10 Department of Defense civilian em-
ployees unless— 
(1) the conversion is based on the result of a pub-
lic-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 solici-
tation 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 organi-
zation’s personnel-related costs for performance 
of that activity or function by Federal employ-
ees; or 
(B) $10,000,000; and 
(3) the contractor does not receive an advantage 
for a proposal that would reduce costs for the Depart-
ment 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
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(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 notwith-
standing 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 indus-
trial type function of the Department of Defense that— 
(A) is included on the procurement list estab-
lished 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 handi-
capped 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
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Act (25 U.S.C. 450b(e)), or a Native Hawaiian Orga-
nization, 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 estab-
lished 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 ac-
tivities. 
(TRANSFER OF FUNDS) 
SEC. 8015. Funds appropriated in title III of this Act 
for the Department of Defense Pilot Mentor-Protege Pro-
gram may be transferred to any other appropriation con-
tained in this Act solely for the purpose of implementing 
a Mentor-Protege Program developmental assistance agree-
ment pursuant to section 831 of the National Defense Au-
thorization 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.
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SEC. 8016. None of the funds in this Act may be avail-
able 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 re-
striction on a case-by-case basis by certifying in writing 
to the Committees on Appropriations that such an acquisi-
tion must be made in order to acquire capability for na-
tional security purposes.
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SEC. 8024. (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 con-
sisting of a consortium of other FFRDCs and other non- 
profit entities. 
(b) No member of a Board of Directors, Trustees, Over-
seers, Advisory Group, Special Issues Panel, Visiting Com-
mittee, 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: Pro-
vided, That a member of any such entity referred to pre-
viously in this subsection shall be allowed travel expenses 
and per diem as authorized under the Federal Joint Travel 
Regulations, when engaged in the performance of member-
ship 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
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funded by Government grants, for absorption of contract 
overruns, or for certain charitable contributions, not to in-
clude 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 sub-
section, 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 Mili-
tary 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 dur-
ing 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 $53,428,000. 
SEC. 8025. 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 facil-
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ity or property under the control of the Department of De-
fense 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 Appro-
priations 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. 8026. For the purposes of this Act, the term ‘‘con-
gressional defense committees’’ means the Armed Services 
Committee of the House of Representatives, the Armed Serv-
ices 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 Appropria-
tions of the House of Representatives.
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SEC. 8027. During the current fiscal year, the Depart-
ment of Defense may acquire the modification, depot main-
tenance and repair of aircraft, vehicles and vessels as well 
as the production of components and other Defense-related 
articles, through competition between Department of De-
fense depot maintenance activities and private firms: Pro-
vided, That the Senior Acquisition Executive of the military 
department or Defense Agency concerned, with power of del-
egation, 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. 8028. (a)(1) If the Secretary of Defense, after con-
sultation with the United States Trade Representative, de-
termines that a foreign country which is party to an agree-
ment 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 under-
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standing, between the United States and a foreign country 
pursuant to which the Secretary of Defense has prospec-
tively waived the Buy American Act for certain products 
in that country. 
(b) The Secretary of Defense shall submit to the Con-
gress a report on the amount of Department of Defense pur-
chases 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 agree-
ment 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 Amer-
ican Act’’ means title III of the Act entitled ‘‘An Act mak-
ing appropriations for the Treasury and Post Office De-
partments for the fiscal year ending June 30, 1934, and 
for other purposes’’, approved March 3, 1933 (41 U.S.C. 
10a et seq.). 
SEC. 8029. Notwithstanding any other provision of 
law, funds available during the current fiscal year and 
hereafter for ‘‘Drug Interdiction and Counter-Drug Activi-
ties, Defense’’ may be obligated for the Young Marines pro-
gram. 
SEC. 8030. During the current fiscal year, amounts 
contained in the Department of Defense Overseas Military
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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 sec-
tion 2921(c)(2) of that Act. 
SEC. 8031. (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 sub-
section (a) in accordance with the request for such units 
that are submitted to the Secretary by the Operation Walk-
ing Shield Program on behalf of Indian tribes located in 
the States of North Dakota, South Dakota, Montana, and 
Minnesota. 
(c) The Operation Walking Shield Program shall re-
solve any conflicts among requests of Indian tribes for hous-
ing 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 pub-
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(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 Amer-
ica, the Secretary shall determine, in accordance with sec-
tion 2410f of title 10, United States Code, whether the per-
son should be debarred from contracting with the Depart-
ment 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 De-
fense, in expending the appropriation, purchase only Amer-
ican-made equipment and products, provided that Amer-
ican-made equipment and products are cost-competitive, 
quality-competitive, and available in a timely fashion. 
SEC. 8038. 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 activ-
ity 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
169 
HR 3222 RS 
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 advan-
tage of unique and significant industrial accomplish-
ment by a specific concern, or to insure that a new 
product or idea of a specific concern is given finan-
cial 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 confirmed by the Senate, determines 
that the award of such contract is in the interest of 
the national defense. 
SEC. 8039. (a) Except as provided in subsection (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 re-
mains at the location of that headquarters.
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(b) The Secretary of Defense or Secretary of a military 
department may waive the limitations in subsection (a), 
on a case-by-case basis, if the Secretary determines, and cer-
tifies 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 re-
quirements 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 impro-
vised explosive devices, and, as determined by the Sec-
retary of the Army, other similar threats. 
SEC. 8040. The Secretary of Defense, notwithstanding 
any other provision of law, acting through the Office of Eco-
nomic Adjustment of the Department of Defense, may use 
funds made available in this Act under the heading ‘‘Oper-
ation and Maintenance, Defense-Wide’’ to make grants and 
supplement other Federal funds in accordance with the 
guidance provided in the report of the Committee on Appro-
priations of the Senate accompanying this Act. 
(RESCISSIONS) 
SEC. 8041. Of the funds appropriated in Department 
of Defense Appropriations Acts, the following funds are
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hereby rescinded from the following accounts and programs 
in the specified amounts: 
‘‘Procurement, 
Marine 
Corps, 
2006/2008’’, 
$15,000,000; 
‘‘Missile 
Procurement, 
Army, 
2007/2009’’, 
$18,100,000; 
‘‘Procurement, 
Defense-Wide, 
2007/2009’’, 
$15,913,000; 
‘‘Research, Development, Test and Evaluation, 
Army, 2007/2008’’, $13,300,000; 
‘‘Research, Development, Test and Evaluation, 
Air Force, 2007/2008’’, $75,000,000; 
‘‘Research, Development, Test and Evaluation, 
Defense-Wide, 2007/2008’’, $144,000,000; 
‘‘Shipbuilding and Conversion, Navy, 2007/ 
2011’’, $300,000,000; and 
‘‘Aircraft Procurement, Air Force, 2007/2009’’, 
$72,000,000. 
SEC. 8042. None of the funds available in this Act may 
be used to reduce the authorized positions for military (ci-
vilian) technicians of the Army National Guard, the Air 
National Guard, Army Reserve and Air Force Reserve for 
the purpose of applying any administratively imposed ci-
vilian personnel ceiling, freeze, or reduction on military (ci-
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HR 3222 RS 
vilian) technicians, unless such reductions are a direct re-
sult of a reduction in military force structure. 
SEC. 8043. None of the funds appropriated or other-
wise made available in this Act may be obligated or ex-
pended for assistance to the Democratic People’s Republic 
of Korea unless specifically appropriated for that purpose. 
SEC. 8044. Funds appropriated in this Act for oper-
ation and maintenance of the Military Departments, Com-
batant 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 coun-
terintelligence support to Combatant Commands, Defense 
Agencies and Joint Intelligence Activities, including the ac-
tivities and programs included within the National Intel-
ligence 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. 8045. 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
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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. 8046. (a) None of the funds available to the De-
partment of Defense for any fiscal year for drug interdic-
tion or counter-drug activities may be transferred to any 
other department or agency of the United States except as 
specifically provided in an appropriations law. 
(b) None of the funds available to the Central Intel-
ligence Agency for any fiscal year for drug interdiction and 
counter-drug activities may be transferred to any other de-
partment or agency of the United States except as specifi-
cally provided in an appropriations law. 
SEC. 8047. 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 do-
mestic origin: Provided, That the Secretary of the military 
department responsible for such procurement may waive 
this restriction on a case-by-case basis by certifying in writ-
ing 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