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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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Years Defense Program of the Department of Defense. 
The Secretary of Defense shall designate an official in the 
Office of the Secretary of Defense to provide overall super-
vision of the preparation and justification of program rec-
ommendations and budget proposals to be included in such 
major force program category. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8102. In addition to funds made available else-
where in this Act, there is hereby appropriated 
$200,000,000, to remain available until transferred: Pro-
vided, That these funds are appropriated to the ‘‘Tanker 
Replacement Transfer Fund’’ (referred to as ‘‘the Fund’’ 
elsewhere in this section): Provided further, That the Sec-
retary of the Air Force may transfer amounts in the Fund 
to ‘‘Operation and Maintenance, Air Force’’, ‘‘Aircraft 
Procurement, Air Force’’, and ‘‘Research, Development, 
Test and Evaluation, Air Force’’, only for the purposes 
of proceeding with a tanker acquisition program: Provided 
further, That funds transferred shall be merged with and 
be available for the same purposes and for the same time 
period as the appropriation or fund to which transferred: 
Provided further, That this transfer authority is in addi-
tion to any other transfer authority available to the De-
partment of Defense: Provided further, That the Secretary 
of the Air Force shall, not fewer than 15 days prior to 
making transfers using funds provided in this section, no-
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tify the congressional defense committees in writing of the 
details of any such transfer: Provided further, That the 
Secretary shall submit a report no later than 30 days after 
the end of each fiscal quarter to the congressional defense 
committees summarizing the details of the transfer of 
funds from this appropriation. 
SEC. 8103. None of the funds appropriated or other-
wise made available by this or any other Act shall be obli-
gated or expended by the United States Government for 
a purpose as follows: 
(1) To establish any military installation or 
base for the purpose of providing for the permanent 
stationing of United States Armed Forces in Iraq. 
(2) To exercise United States control over any 
oil resource of Iraq. 
SEC. 8104. None of the funds made available in this 
Act may be used in contravention of the following laws 
enacted or regulations promulgated to implement the 
United Nations Convention Against Torture and Other 
Cruel, Inhuman or Degrading Treatment or Punishment 
(done at New York on December 10, 1984): 
(1) Section 2340A of title 18, United States 
Code. 
(2) Section 2242 of the Foreign Affairs Reform 
and Restructuring Act of 1998 (division G of Public 
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Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 
note) and regulations prescribed thereto, including 
regulations under part 208 of title 8, Code of Fed-
eral Regulations, and part 95 of title 22, Code of 
Federal Regulations. 
(3) Sections 1002 and 1003 of the Department 
of Defense, Emergency Supplemental Appropriations 
to Address Hurricanes in the Gulf of Mexico, and 
Pandemic Influenza Act, 2006 (Public Law 109– 
148). 
SEC. 8105. Notwithstanding any other provision of 
law, none of the funds made available in this Act may be 
used to pay negotiated indirect cost rates on a contract, 
grant, or cooperative agreement (or similar arrangement) 
entered into by the Department of Defense and an entity 
in excess of 20 percent of the total direct cost of the con-
tract, grant, or agreement (or similar arrangement) if the 
purpose of such contract, grant, or agreement (or similar 
arrangement) is to carry out a program or programs of 
mutual interest between the two parties: Provided, That 
this limitation shall apply only to funds made available 
in this Act for basic research. 
SEC. 8106. Any request for funds for a fiscal year 
after fiscal year 2008 for an ongoing military operation 
overseas, including operations in Afghanistan and Iraq, 
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shall be included in the annual budget of the President 
for such fiscal year as submitted to Congress under section 
1105(a) of title 31, United States Code. 
SEC. 8107. None of the funds appropriated or other-
wise made available by this Act may be obligated or ex-
pended to provide award fees to any defense contractor 
contrary to the provisions of section 814 of the National 
Defense Authorization Act, Fiscal Year 2007 (Public Law 
109–364). 
SEC. 8108. Not more than 90 percent of the funds 
appropriated to the Department of Defense for contracted 
services under title II of this Act shall be available for 
obligation unless and until the Secretary of Defense sub-
mits to the congressional defense committees the report 
required by section 3305 of title III of Public Law 110– 
28 (121 Stat. 136). 
SEC. 8109. Of the funds made available under the 
heading ‘‘Operation and Maintenance, Defense-Wide’’, up 
to $30,000,000 may be available for financial assistance 
to eligible local education agencies pursuant to section 386 
of Public Law 102–484. 
This Act may be cited as the ‘‘Department of Defense 
Appropriations Act, 2008’’. 
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Union Calendar No. 181 
110TH CONGRESS 
1ST SESSION 
H. R. 3222 
[Report No. 110–279] 
A BILL 
Making appropriations for the Department of De-
fense for the fiscal year ending September 30, 
2008, and for other purposes. 
JULY 30, 2007 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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