H. R. 2638—67 
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. In addition to funds made available elsewhere in 
this Act, $5,500,000 is hereby appropriated and shall remain avail-
able until expended to provide assistance, by grant or otherwise 
(such as, but not limited to, the provision of funds for repairs, 
maintenance, construction, and/or for the purchase of information 
technology, text books, teaching resources), to public schools that 
have unusually high concentrations of special needs military 
dependents enrolled: Provided, That in selecting school systems 
to receive such assistance, special consideration shall be given to 
school systems in States that are considered overseas assignments, 
and all schools within these school systems shall be eligible for 
assistance: Provided further, That up to 2 percent of the total 
appropriated funds under this section shall be available to support 
the administration and execution of the funds or program and/ 
or events that promote the purpose of this appropriation (e.g. pay-
ment of travel and per diem of school teachers attending conferences 
or a meeting that promotes the purpose of this appropriation and/ 
or consultant fees for on-site training of teachers, staff, or Joint 
Venture Education Forum (JVEF) Committee members): Provided 
further, That up to $300,000 shall be available to examine human 
capital, family and quality of life issues relating to military presence 
in Hawaii: Provided further, That up to $2,000,000 shall be available 
for the Department of Defense to establish a nonprofit trust fund 
to assist in the public-private funding of public school repair and 
maintenance projects, or provide directly to nonprofit organizations 
who in return will use these monies to provide assistance in the 
form of repair, maintenance, or renovation to public school systems 
that have high concentrations of special needs military dependents 
and are located in States that are considered overseas assignments: 
Provided further, That to the extent a Federal agency provides 
this assistance, by contract, grant, or otherwise, it may accept 
and expend non-Federal funds in combination with these Federal 
funds to provide assistance for the authorized purpose, if the non- 
Federal entity requests such assistance and the non-Federal funds 
are provided on a reimbursable basis. 
SEC. 8084. In addition to the amounts appropriated or otherwise 
made available elsewhere in this Act, $112,400,000 is hereby appro-
priated to the Department of Defense: Provided, That the Secretary 
of Defense shall make grants in the amounts specified as follows: 
$20,000,000 to the United Service Organizations; $30,000,000 to 
the Red Cross; $15,000,000 for the Waterbury Industrial Commons 
Redevelopment Project; $4,750,000 for the SOAR Virtual School 
District; $1,750,000 to The Presidio Trust; $5,000,000 to the STEM 
Education Research Center; $10,000,000 to the Intrepid Museum 
Foundation; $4,000,000 to the Go For Broke National Education 
Center; $9,900,000 to the U.S.S. Missouri Memorial Association; 
$4,000,000 to the Nimitz Center; $3,000,000 to Special Olympics 
International; and $5,000,000 to the Paralympics Military Program. 
SEC. 8085. The Department of Defense and the Department 
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–
H. R. 2638—68 
C independent of the broader FCS development timeline to achieve 
fielding by fiscal year 2010. In addition, the Army will deliver 
five pre-production NLOS–C systems by the end of calendar year 
2008 and three pre-production NLOS–C systems by the end of 
calendar year 2009. These systems shall be in addition to those 
systems necessary for developmental and operational testing. 
SEC. 8086. The budget of the President for fiscal year 2010 
submitted to the Congress pursuant to section 1105 of title 31, 
United States Code, shall include separate budget justification docu-
ments for costs of United States Armed Forces’ participation in 
contingency operations for the Military Personnel accounts, the 
Operation and Maintenance accounts, and the Procurement 
accounts: Provided, That these documents shall include a descrip-
tion of the funding requested for each contingency operation, for 
each military service, to include all Active and Reserve components, 
and for each appropriations 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 
contingency operation, and programmatic data including, but not 
limited to, troop strength for each Active and Reserve component, 
and estimates of the major weapons systems deployed in support 
of each contingency: Provided further, That these documents shall 
include budget exhibits OP–5 and OP–32 (as defined in the Depart-
ment of Defense Financial Management Regulation) for all contin-
gency operations for the budget year and the two preceding fiscal 
years. 
SEC. 8087. None of the funds in this Act may be used for 
research, development, test, evaluation, procurement or deployment 
of nuclear armed interceptors of a missile defense system. 
SEC. 8088. Up to $2,500,000 of the funds appropriated under 
the heading ‘‘Operation and Maintenance, Navy’’ in this Act for 
the Pacific Missile Range Facility may be made available to contract 
for the repair, maintenance, and operation of adjacent off-base 
water, drainage, and flood control systems, electrical upgrade to 
support additional missions critical to base operations, and support 
for a range footprint expansion to further guard against encroach-
ment. 
SEC. 8089. None of the funds appropriated or made available 
in this Act shall be used to reduce or disestablish the operation 
of the 53rd Weather Reconnaissance Squadron of the Air Force 
Reserve, if such action would reduce the WC–130 Weather Recon-
naissance mission below the levels funded in this Act: Provided, 
That the Air Force shall allow the 53rd Weather Reconnaissance 
Squadron to perform other missions in support of national defense 
requirements during the non-hurricane season. 
SEC. 8090. None of the funds provided in this Act shall be 
available for integration of foreign intelligence information unless 
the information has been lawfully collected and processed during 
the conduct of authorized foreign 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 implemented 
through Executive Order No. 12333. 
SEC. 8091. (a) At the time members of reserve components 
of the Armed Forces are called or ordered to active duty under 
section 12302(a) of title 10, United States Code, each member
H. R. 2638—69 
shall be notified in writing of the expected period during which 
the member will be mobilized. 
(b) The Secretary of Defense may waive the requirements 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. 8092. The Secretary of Defense may transfer funds from 
any available Department of the Navy appropriation to any avail-
able Navy ship construction appropriation for the purpose of liqui-
dating necessary changes resulting from inflation, market fluctua-
tions, or rate adjustments for any ship construction program appro-
priated 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 transfer has been reported to 
the Committees on Appropriations of the House of Representatives 
and the Senate, unless a response from the Committees is received 
sooner: Provided further, That the transfer authority provided by 
this section is in addition to any other transfer authority contained 
elsewhere in this Act. 
SEC. 8093. For purposes of section 612 of title 41, United 
States Code, any subdivision of appropriations made under the 
heading ‘‘Shipbuilding and Conversion, Navy’’ that is not closed 
at the time reimbursement is made shall be available to reimburse 
the Judgment Fund and shall be considered for the same purposes 
as any subdivision under the heading ‘‘Shipbuilding and Conversion, 
Navy’’ appropriations in the current fiscal year or any prior fiscal 
year. 
SEC. 8094. (a) None of the funds appropriated by this Act 
may be used to transfer research and development, acquisition, 
or other program authority relating to current tactical unmanned 
aerial vehicles (TUAVs) from the Army. 
(b) The Army shall retain responsibility for and operational 
control of the MQ–1C Sky Warrior Unmanned Aerial Vehicle (UAV) 
in order to support the Secretary of Defense in matters relating 
to the employment of unmanned aerial vehicles. 
(c) None of the funds appropriated by this Act may be used 
to institute an inter-Service common contract for acquisition of 
MQ–1 or MQ–1C UAVs until 30 days after the Secretary of Defense 
certifies to the congressional defense committees that a common 
contract would achieve cost savings, be interoperable with, and 
not create undue sustainment costs compared to the current fleet. 
SEC. 8095. None of the funds appropriated by this Act, and 
hereafter, available for the Civilian Health and Medical Program 
of the Uniformed Services (CHAMPUS) or TRICARE shall be avail-
able for the reimbursement of any health care provider for inpatient 
mental health service for care received when a patient is referred 
to a provider of inpatient mental health care or residential treat-
ment care by a medical or health care professional having an 
economic interest in the facility to which the patient is referred: 
Provided, That this limitation does not apply in the case of inpatient 
mental health services provided under the program 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 authorized by the Secretary of Defense because
H. R. 2638—70 
of medical or psychological circumstances of the patient that are 
confirmed by a health professional who is not a Federal employee 
after a review, pursuant to rules prescribed by the Secretary, which 
takes into account the appropriate level of care for the patient, 
the intensity of services required by the patient, and the availability 
of that care. 
SEC. 8096. Of the funds provided in this Act, $10,000,000 
shall be available for the operations and development of training 
and technology for the Joint Interagency Training and Education 
Center and the affiliated Center for National Response at the 
Memorial Tunnel and for providing homeland defense/security and 
traditional warfighting training to the Department of Defense, other 
Federal agencies, and State and local first responder personnel 
at the Joint Interagency Training and Education Center. 
SEC. 8097. Notwithstanding any other provision of law or regu-
lation, the Secretary of Defense may adjust wage rates for civilian 
employees hired for certain health care occupations as authorized 
for the Secretary of Veterans Affairs by section 7455 of title 38, 
United States Code. 
SEC. 8098. The authority to conduct a continuing cooperative 
program in the proviso in title II of Public Law 102–368 under 
the heading ‘‘Research, Development, Test and Evaluation, Defense 
Agencies’’ (106 Stat. 1121) shall be extended through September 
30, 2009 and hereafter, in cooperation with NELHA. 
SEC. 8099. Up to $15,000,000 of the funds appropriated under 
the heading, ‘‘Operation and Maintenance, Navy’’ may be made 
available for the Asia Pacific Regional Initiative Program for the 
purpose of enabling the Pacific Command to execute Theater Secu-
rity Cooperation activities such as humanitarian assistance, and 
payment of incremental and personnel costs of training and exer-
cising with foreign security forces: Provided, That funds made avail-
able for this purpose may be used, notwithstanding any other 
funding authorities for humanitarian assistance, security assistance 
or combined exercise expenses: Provided further, That funds may 
not be obligated to provide assistance to any foreign country that 
is otherwise prohibited from receiving such type of assistance under 
any other provision of law. 
SEC. 8100. 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, 2010. 
SEC. 8101. Notwithstanding any other provision of this Act, 
to reflect savings from revised economic assumptions, the total 
amount appropriated in title II of this Act is hereby reduced by 
$313,780,000, the total amount appropriated in title III of this 
Act is hereby reduced by $298,000,000, and the total amount appro-
priated in title IV of this Act is hereby reduced by $218,000,000: 
Provided, That the Secretary of Defense shall allocate this reduction 
proportionally to each budget activity, activity group, subactivity 
group, and each program, project, and activity, within each appro-
priation account. 
SEC. 8102. For purposes of section 1553(b) of title 31, United 
States Code, any subdivision of appropriations made in this Act 
under the heading ‘‘Shipbuilding and Conversion, Navy’’ shall be 
considered to be for the same purpose as any subdivision under 
the heading ‘‘Shipbuilding and Conversion, Navy’’ appropriations