H. R. 2638—63 
Department of Defense, including areas in such military family 
housing units that may be used for the purpose of conducting 
official Department of Defense business. 
SEC. 8064. Notwithstanding any other provision of law, funds 
appropriated in this Act under the heading ‘‘Research, Development, 
Test and Evaluation, Defense-Wide’’ for any new start advanced 
concept technology demonstration project or joint capability dem-
onstration project may only be obligated 30 days after a report, 
including a description of the project, the planned acquisition and 
transition strategy and its estimated annual and total cost, has 
been provided in writing to the congressional defense committees: 
Provided, That the Secretary of Defense may waive this restriction 
on a case-by-case basis by certifying to the congressional defense 
committees that it is in the national interest to do so. 
SEC. 8065. The Secretary of Defense shall provide a classified 
quarterly report beginning 30 days after enactment of this Act, 
to the House and Senate Appropriations Committees, Subcommit-
tees on Defense on certain matters as directed in the classified 
annex accompanying this Act. 
SEC. 8066. During the current fiscal year, none of the funds 
available to the Department of Defense may be used to provide 
support to another department or agency of the United States 
if such department or agency is more than 90 days in arrears 
in making payment to the Department of Defense for goods or 
services previously provided to such department or agency on a 
reimbursable basis: Provided, That this restriction shall not apply 
if the department is authorized by law to provide support to such 
department or agency on a nonreimbursable basis, and is providing 
the requested support pursuant to such authority: Provided further, 
That the Secretary of Defense may waive this restriction on a 
case-by-case basis by certifying in writing to the Committees on 
Appropriations of the House of Representatives and the Senate 
that it is in the national security interest to do so. 
SEC. 8067. Notwithstanding section 12310(b) of title 10, United 
States Code, a Reserve who is a member of the National Guard 
serving on full-time National Guard duty under section 502(f) of 
title 32, United States Code, may perform duties in support of 
the ground-based elements of the National Ballistic Missile Defense 
System. 
SEC. 8068. None of the funds provided in this Act may be 
used to transfer to any nongovernmental entity ammunition held 
by the Department of Defense that has a center-fire cartridge 
and a United States military nomenclature designation of ‘‘armor 
penetrator’’, ‘‘armor piercing (AP)’’, ‘‘armor piercing incendiary 
(API)’’, or ‘‘armor-piercing incendiary-tracer (API–T)’’, except to an 
entity performing demilitarization services for the Department of 
Defense under a contract that requires the entity to demonstrate 
to the satisfaction of the Department of Defense that armor piercing 
projectiles are either: (1) rendered incapable of reuse by the demili-
tarization process; or (2) used to manufacture ammunition pursuant 
to a contract with the Department of Defense or the manufacture 
of ammunition for export pursuant to a License for Permanent 
Export of Unclassified Military Articles issued by the Department 
of State. 
SEC. 8069. Notwithstanding any other provision of law, the 
Chief of the National Guard Bureau, or his designee, may waive 
payment of all or part of the consideration that otherwise would
H. R. 2638—64 
be required under section 2667 of title 10, United States Code, 
in the case of a lease of personal property for a period not in 
excess of 1 year to any organization specified in section 508(d) 
of title 32, United States Code, or any other youth, social, or 
fraternal nonprofit organization as may be approved by the Chief 
of the National Guard Bureau, or his designee, on a case-by-case 
basis. 
SEC. 8070. None of the funds appropriated by this Act shall 
be used for the support of any nonappropriated funds activity 
of the Department of Defense that procures malt beverages and 
wine with nonappropriated funds for resale (including such alcoholic 
beverages sold by the drink) on a military installation located 
in the United States unless such malt beverages and wine are 
procured within that State, or in the case of the District of 
Columbia, within the District of Columbia, in which the military 
installation is located: Provided, That in a case in which the military 
installation is located in more than one State, purchases may be 
made in any State in which the installation is located: Provided 
further, That such local procurement requirements for malt bev-
erages and wine shall apply to all alcoholic beverages only for 
military installations in States which are not contiguous with 
another State: Provided further, That alcoholic beverages other 
than wine and malt beverages, in contiguous States and the District 
of Columbia shall be procured from the most competitive source, 
price and other factors considered. 
SEC. 8071. Funds available to the Department of Defense for 
the Global Positioning System during the current fiscal year may 
be used to fund civil requirements associated with the satellite 
and ground control segments of such system’s modernization pro-
gram. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8072. Of the amounts appropriated in this Act under 
the heading ‘‘Operation and Maintenance, Army’’, $47,700,000 shall 
remain available until expended: Provided, That notwithstanding 
any other provision of law, the Secretary of Defense is authorized 
to transfer such funds to other activities of the Federal Government: 
Provided further, That the Secretary of Defense is authorized to 
enter into and carry out contracts for the acquisition of real prop-
erty, construction, personal services, and operations related to 
projects carrying out the purposes of this section: Provided further, 
That contracts entered into under the authority of this section 
may provide for such indemnification as the Secretary determines 
to be necessary: Provided further, That projects authorized by this 
section shall comply with applicable Federal, State, and local law 
to the maximum extent consistent with the national security, as 
determined by the Secretary of Defense. 
SEC. 8073. Section 8106 of the Department of Defense Appro-
priations Act, 1997 (titles I through VIII of the matter under 
subsection 101(b) of Public Law 104–208; 110 Stat. 3009–111; 10 
U.S.C. 113 note) shall continue in effect to apply to disbursements 
that are made by the Department of Defense in fiscal year 2009. 
SEC. 8074. In addition to amounts provided elsewhere in this 
Act, $8,000,000 is hereby appropriated to the Department of 
Defense, to remain available for obligation until expended: Provided, 
That notwithstanding any other provision of law, these funds shall 
be available only for a grant to the Fisher House Foundation,
H. R. 2638—65 
Inc., only for the construction and furnishing of additional Fisher 
Houses to meet the needs of military family members when con-
fronted with the illness or hospitalization of an eligible military 
beneficiary. 
SEC. 8075. (a) During the current fiscal year and hereafter, 
the Secretary of Defense, in coordination with the Secretary of 
Health and Human Services, may carry out a program to distribute 
surplus dental and medical equipment of the Department of 
Defense, at no cost to the Department of Defense, to Indian Health 
Service facilities and to federally-qualified health centers (within 
the meaning of section 1905(l)(2)(B) of the Social Security Act 
(42 U.S.C. 1396d(l)(2)(B))). 
(b) In carrying out this provision, the Secretary of Defense 
shall give the Indian Health Service a property disposal priority 
equal to the priority given to the Department of Defense and 
its twelve special screening programs in distribution of surplus 
dental and medical supplies and equipment. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8076. Of the amounts appropriated in this Act under 
the heading ‘‘Research, Development, Test and Evaluation, Defense- 
Wide’’, $177,237,000 shall be for the Israeli Cooperative Programs: 
Provided, That of this amount, $72,895,000 shall be for the Short 
Range Ballistic Missile Defense (SRBMD) program, $30,000,000 
shall be available for an upper-tier component to the Israeli Missile 
Defense Architecture, and $74,342,000 shall be for the Arrow Mis-
sile Defense Program, of which $13,076,000 shall be for producing 
Arrow missile components in the United States and Arrow missile 
components in Israel to meet Israel’s defense requirements, con-
sistent with each nation’s laws, regulations and procedures: Pro-
vided 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. 8077. Of the amounts appropriated in this Act under 
the heading ‘‘Shipbuilding and Conversion, Navy’’, $165,152,000 
shall be available until September 30, 2009, to fund prior year 
shipbuilding cost increases: Provided, That upon enactment of this 
Act, the Secretary of the Navy shall transfer such funds to the 
following appropriations in the amounts specified: Provided further, 
That the amounts transferred shall be merged with and be available 
for the same purposes as the appropriations to which transferred: 
To: 
Under the heading ‘‘Shipbuilding and Conversion, Navy, 2001/ 
2009’’: 
Carrier Replacement Program, $20,516,000; 
Under the heading ‘‘Shipbuilding and Conversion, Navy, 2002/ 
2009’’: 
New SSN, $21,000,000;
H. R. 2638—66 
Under the heading ‘‘Shipbuilding and Conversion, Navy, 2003/ 
2009’’: 
LPD–17 Amphibious Transport Dock Program, $33,082,000; 
Under the heading ‘‘Shipbuilding and Conversion, Navy, 2004/ 
2009’’: 
New SSN, $60,000,000; 
Under the heading ‘‘Shipbuilding and Conversion, Navy, 2007/ 
2011’’: 
LHA Replacement Program, $14,310,000; and 
Under the heading ‘‘Shipbuilding and Conversion, Navy, 2008/ 
2012’’: 
SSBN Submarine Refuelings, $16,244,000. 
SEC. 8078. None of the funds available to the Department 
of Defense may be obligated to modify command and control rela-
tionships to give Fleet Forces Command administrative and oper-
ational control of U.S. Navy forces assigned to the Pacific fleet: 
Provided, That the command and control relationships which 
existed on October 1, 2004, shall remain in force unless changes 
are specifically authorized in a subsequent Act. 
SEC. 8079. Notwithstanding any other provision of law or regu-
lation, 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, Social Workers, 
Othotists/Prosthetists, 
Occupational 
Therapists, 
Physical 
Therapists, Rehabilitation Therapists, Respiratory Therapists, 
Speech Pathologists, Dietitian/Nutritionists, Industrial Hygien-
ists, Psychology Technicians, Social Service Assistants, Prac-
tical Nurses, Nursing Assistants, and Dental Hygienists: 
(A) The requirements of section 7403(g)(1)(A) of title 
38, United States Code, shall apply. 
(B) The limitations of section 7403(g)(1)(B) of title 38, 
United States Code, shall not apply. 
SEC. 8080. Funds appropriated by this Act, or made available 
by the transfer of funds in this Act, for intelligence activities are 
deemed to be specifically authorized by the Congress for purposes 
of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2009 until the enactment of the Intelligence 
Authorization Act for Fiscal Year 2009. 
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 imme-
diately in the interest of national security and only after written 
prior notification to the congressional defense committees. 
SEC. 8082. (a) In addition to the amounts provided elsewhere 
in this Act, $3,000,000 is hereby appropriated to the Department 
of Defense for ‘‘Operation and Maintenance, Army National Guard’’. 
Such amount shall be made available to the Secretary of the Army 
only to make a grant in the amount of $3,000,000 to the entity 
specified in subsection (b) to facilitate access by veterans to 
opportunities for skilled employment in the construction industry. 
(b) The entity referred to in subsection (a) is the Center for 
Military Recruitment, Assessment and Veterans Employment, a 
nonprofit labor-management cooperation committee provided for by 
section 302(c)(9) of the Labor-Management Relations Act, 1947 (29