H. R. 3222—21 
amounts equal to the amounts appropriated to working capital 
funds in this Act, no obligations may be made against a working 
capital fund to procure or increase the value of war reserve material 
inventory, unless the Secretary of Defense has notified the Congress 
prior to any such obligation. 
SEC. 8009. Funds appropriated by this Act may not be used 
to initiate a special access program without prior notification 30 
calendar days in advance to the congressional defense committees. 
SEC. 8010. None of the funds provided in this Act shall be 
available to initiate: (1) a multiyear contract that employs economic 
order quantity procurement in excess of $20,000,000 in any 1 year 
of the contract or that includes an unfunded contingent liability 
in excess of $20,000,000; or (2) a contract for advance procurement 
leading to a multiyear contract that employs economic order 
quantity procurement in excess of $20,000,000 in any 1 year, unless 
the congressional defense committees have been notified at least 
30 days in advance of the proposed contract award: Provided, That 
no part of any appropriation contained in this Act shall be available 
to initiate a multiyear contract for which the economic order 
quantity advance procurement is not funded at least to the limits 
of the Government’s liability: Provided further, That no part of 
any appropriation contained in this Act shall be available to initiate 
multiyear procurement contracts for any systems or component 
thereof if the value of the multiyear contract would exceed 
$500,000,000 unless specifically provided in this Act: Provided fur-
ther, That no multiyear procurement contract can be terminated 
without 10-day prior notification to the congressional defense 
committees: Provided further, That the execution of multiyear 
authority shall require the use of a present value analysis to deter-
mine lowest cost compared to an annual procurement: Provided 
further, That none of the funds provided in this Act may be used 
for a multiyear contract executed after the date of the enactment 
of this Act unless in the case of any such contract— 
(1) the Secretary of Defense has submitted to Congress 
a budget request for full funding of units to be procured through 
the contract and, in the case of a contract for procurement 
of aircraft, that includes, for any aircraft unit to be procured 
through the contract for which procurement funds are requested 
in that budget request for production beyond advance procure-
ment activities in the fiscal year covered by the budget, full 
funding of procurement of such unit in that fiscal year; 
(2) cancellation provisions in the contract do not include 
consideration of recurring manufacturing costs of the contractor 
associated with the production of unfunded units to be delivered 
under the contract; 
(3) the contract provides that payments to the contractor 
under the contract shall not be made in advance of incurred 
costs on funded units; and 
(4) the contract does not provide for a price adjustment 
based on a failure to award a follow-on contract. 
Funds appropriated in title III of this Act may be used for 
a multiyear procurement contract as follows: 
Army CH–47 Chinook Helicopter; M1A2 Abrams System 
Enhancement Package upgrades; M2A3/M3A3 Bradley upgrades; 
and SSN Virginia Class Submarine.
H. R. 3222—22 
SEC. 8011. Within the funds appropriated for the operation 
and maintenance of the Armed Forces, funds are hereby appro-
priated pursuant to section 401 of title 10, United States Code, 
for humanitarian and civic assistance costs under chapter 20 of 
title 10, United States Code. Such funds may also be obligated 
for humanitarian and civic assistance costs incidental to authorized 
operations and pursuant to authority granted in section 401 of 
chapter 20 of title 10, United States Code, and these obligations 
shall be reported as required by section 401(d) of title 10, United 
States Code: Provided, That funds available for operation and 
maintenance shall be available for providing humanitarian and 
similar assistance by using Civic Action Teams in the Trust Terri-
tories of the Pacific Islands and freely associated states of Micro-
nesia, pursuant to the Compact of Free Association as authorized 
by Public Law 99–239: Provided further, That upon a determination 
by the Secretary of the Army that such action is beneficial for 
graduate medical education programs conducted at Army medical 
facilities located in Hawaii, the Secretary of the Army may authorize 
the provision of medical services at such facilities and transpor-
tation to such facilities, on a nonreimbursable basis, for civilian 
patients from American Samoa, the Commonwealth of the Northern 
Mariana Islands, the Marshall Islands, the Federated States of 
Micronesia, Palau, and Guam. 
SEC. 8012. (a) During fiscal year 2008, the civilian personnel 
of the Department of Defense may not be managed on the basis 
of any end-strength, and the management of such personnel during 
that fiscal year shall not be subject to any constraint or limitation 
(known as an end-strength) on the number of such personnel who 
may be employed on the last day of such fiscal year. 
(b) The fiscal year 2009 budget request for the Department 
of Defense as well as all justification material and other documenta-
tion supporting the fiscal year 2009 Department of Defense budget 
request shall be prepared and submitted to the Congress as if 
subsections (a) and (b) of this provision were effective with regard 
to fiscal year 2009. 
(c) Nothing in this section shall be construed to apply to military 
(civilian) technicians. 
SEC. 8013. None of the funds made available by this Act shall 
be used in any way, directly or indirectly, to influence congressional 
action on any legislation or appropriation matters pending before 
the Congress. 
SEC. 8014. None of the funds appropriated by this Act shall 
be available for the basic pay and allowances of any member of 
the Army participating as a full-time student and receiving benefits 
paid by the Secretary of Veterans Affairs from the Department 
of Defense Education Benefits Fund when time spent as a full- 
time student is credited toward completion of a service commitment: 
Provided, That this section shall not apply to those members who 
have reenlisted with this option prior to October 1, 1987: Provided 
further, That this section applies only to active components of 
the Army. 
SEC. 8015. (a) None of the funds appropriated by this Act 
shall be available to convert to contractor performance an activity 
or function of the Department of Defense that, on or after the 
date of the enactment of this Act, is performed by more than 
10 Department of Defense civilian employees unless—
H. R. 3222—23 
(1) the conversion is based on the result of a public-private 
competition that includes a most efficient and cost effective 
organization plan developed by such activity or function; 
(2) the Competitive Sourcing Official determines that, over 
all performance periods stated in the solicitation of offers for 
performance of the activity or function, the cost of performance 
of the activity or function by a contractor would be less costly 
to the Department of Defense by an amount that equals or 
exceeds the lesser of— 
(A) 10 percent of the most efficient organization’s per-
sonnel-related costs for performance of that activity or func-
tion by Federal employees; or 
(B) $10,000,000; and 
(3) the contractor does not receive an advantage for a 
proposal that would reduce costs for the Department of Defense 
by— 
(A) not making an employer-sponsored health insur-
ance 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 con-
tribute less towards the premium or subscription share 
than the amount that is paid by the Department of Defense 
for health benefits for civilian employees under chapter 
89 of title 5, United States Code. 
(b)(1) The Department of Defense, without regard to subsection 
(a) of this section or subsection (a), (b), or (c) of section 2461 
of title 10, United States Code, and notwithstanding any adminis-
trative regulation, requirement, or policy to the contrary shall have 
full authority to enter into a contract for the performance of any 
commercial or industrial type function of the Department of Defense 
that— 
(A) is included on the procurement list established pursuant 
to section 2 of the Javits-Wagner-O’Day Act (41 U.S.C. 47); 
(B) is planned to be converted to performance by a qualified 
nonprofit agency for the blind or by a qualified nonprofit agency 
for other severely handicapped individuals in accordance with 
that Act; or 
(C) is planned to be converted to performance by a qualified 
firm under at least 51 percent ownership by an Indian tribe, 
as defined in section 4(e) of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 450b(e)), or a Native 
Hawaiian Organization, as defined in section 8(a)(15) of the 
Small Business Act (15 U.S.C. 637(a)(15)). 
(2) This section shall not apply to depot contracts or contracts 
for depot maintenance as provided in sections 2469 and 2474 of 
title 10, United States Code. 
(c) The conversion of any activity or function of the Department 
of Defense under the authority provided by this section shall be 
credited toward any competitive or outsourcing goal, target, or 
measurement that may be established by statute, regulation, or 
policy and is deemed to be awarded under the authority of, and 
in compliance with, subsection (h) of section 2304 of title 10, United 
States Code, for the competition or outsourcing of commercial activi-
ties.
H. R. 3222—24 
(TRANSFER OF FUNDS) 
SEC. 8016. Funds appropriated in title III of this Act for the 
Department of Defense Pilot Mentor-Protege Program may be trans-
ferred to any other appropriation contained in this Act solely for 
the purpose of implementing a Mentor-Protege Program develop-
mental assistance agreement pursuant to section 831 of the 
National Defense Authorization Act for Fiscal Year 1991 (Public 
Law 101–510; 10 U.S.C. 2302 note), as amended, under the 
authority of this provision or any other transfer authority contained 
in this Act. 
SEC. 8017. None of the funds in this Act may be available 
for the purchase by the Department of Defense (and its departments 
and agencies) of welded shipboard anchor and mooring chain 4 
inches in diameter and under unless the anchor and mooring chain 
are manufactured in the United States from components which 
are substantially manufactured in the United States: Provided, 
That for the purpose of this section manufactured will include 
cutting, heat treating, quality control, testing of chain and welding 
(including the forging and shot blasting process): Provided further, 
That for the purpose of this section substantially all of the compo-
nents of anchor and mooring chain shall be considered to be pro-
duced 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 manufac-
tured outside the United States: Provided further, That when ade-
quate domestic supplies are not available to meet Department of 
Defense requirements on a timely basis, the Secretary of the service 
responsible for the procurement may waive this restriction on a 
case-by-case basis by certifying in writing to the Committees on 
Appropriations that such an acquisition must be made in order 
to acquire capability for national security purposes. 
SEC. 8018. None of the funds available to the Department 
of Defense may be used to demilitarize or dispose of M–1 Carbines, 
M–1 Garand rifles, M–14 rifles, .22 caliber rifles, .30 caliber rifles, 
or M–1911 pistols. 
SEC. 8019. No more than $500,000 of the funds appropriated 
or made available in this Act shall be used during a single fiscal 
year for any single relocation of an organization, unit, activity 
or function of the Department of Defense into or within the National 
Capital Region: Provided, That the Secretary of Defense may waive 
this restriction on a case-by-case basis by certifying in writing 
to the congressional defense committees that such a relocation 
is required in the best interest of the Government. 
SEC. 8020. In addition to the funds provided elsewhere in 
this Act, $15,000,000 is appropriated only for incentive payments 
authorized by section 504 of the Indian Financing Act of 1974 
(25 U.S.C. 1544): Provided, That a prime contractor or a subcon-
tractor at any tier that makes a subcontract award to any subcon-
tractor or supplier as defined in section 1544 of title 25, United 
States Code, or a small business owned and controlled by an indi-
vidual or individuals defined under section 4221(9) of title 25, 
United States Code, shall be considered a contractor for the pur-
poses of being allowed additional compensation under section 504 
of the Indian Financing Act of 1974 (25 U.S.C. 1544) whenever 
the prime contract or subcontract amount is over $500,000 and 
involves the expenditure of funds appropriated by an Act making