I 
110TH CONGRESS 
1ST SESSION H. R. 3222 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 3, 2007 
Ordered to be printed with the amendment of the Senate 
[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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as amended (42 U.S.C. 402 note), and to the Department 
of Defense Military Retirement Fund, $23,300,801,000. 
MILITARY PERSONNEL, MARINE CORPS 
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 Ma-
rine Corps on active duty (except members of the Reserve 
provided for elsewhere); and for payments pursuant to sec-
tion 156 of Public Law 97–377, as amended (42 U.S.C. 
402 note), and to the Department of Defense Military Re-
tirement Fund, $10,269,914,000. 
MILITARY PERSONNEL, AIR FORCE 
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 Air 
Force 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-
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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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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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are required for environmental restoration, reduction and 
recycling 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 appro-
priation to other appropriations made available to the De-
partment of Defense, to be merged with and to be avail-
able for the same purposes and for the same time period 
as the appropriations to which transferred: Provided fur-
ther, That upon a determination that all or part of the 
funds transferred from this appropriation are not nec-
essary 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 authority pro-
vided elsewhere in this Act. 
ENVIRONMENTAL RESTORATION, FORMERLY USED 
DEFENSE SITES 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Army, $268,249,000, 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 at sites formerly used by the Depart-
ment of Defense, transfer the funds made available by this 
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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: Pro-
vided 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 authority pro-
vided elsewhere in this Act. 
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID 
For expenses relating to the Overseas Humanitarian, 
Disaster, and Civic Aid programs of the Department of 
Defense (consisting of the programs provided under sec-
tions 401, 402, 404, 407, 2557, and 2561 of title 10, 
United States Code), $103,300,000, of which $63,300,000 
shall remain available until September 30, 2009, and of 
which $40,000,000 shall be available solely for foreign dis-
aster relief and response activities and shall remain avail-
able until expended. 
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 
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secure transportation and storage of nuclear, chemical and 
other weapons; for establishing programs to prevent the 
proliferation of weapons, weapons components, and weap-
on-related technology and expertise; for programs relating 
to the training and support of defense and military per-
sonnel for demilitarization and protection of weapons, 
weapons components and weapons technology and exper-
tise, and for defense and military contacts, $398,048,000, 
to remain available until September 30, 2010. 
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 
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 interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of 
title; and procurement and installation of equipment, ap-
pliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the 
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PROCUREMENT, DEFENSE-WIDE 
For expenses of activities and agencies of the Depart-
ment of Defense (other than the military departments) 
necessary for procurement, production, and modification 
of equipment, supplies, materials, and spare parts there-
for, not otherwise provided for; expansion of public and 
private plants, equipment, and installation thereof in such 
plants, erection of structures, and acquisition of land for 
the foregoing purposes, and such lands and interests 
therein, may be acquired, and construction prosecuted 
thereon prior to approval of title; reserve plant and Gov-
ernment
and
contractor-owned
equipment
layaway, 
$3,335,637,000, to remain available for obligation until 
September 30, 2010. 
NATIONAL GUARD AND RESERVE EQUIPMENT 
For procurement of aircraft, missiles, tracked combat 
vehicles, ammunition, other weapons, and other procure-
ment for the reserve components of the Armed Forces, 
$925,000,000, to remain available for obligation until Sep-
tember 30, 2010, of which $700,000,000 shall be available 
only for the Army National Guard: Provided, That the 
Chiefs of the Reserve and National Guard components 
shall, not later than 30 days after the enactment of this 
Act, individually submit to the congressional defense com-
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mittees the modernization priority assessment for their re-
spective Reserve or National Guard component. 
DEFENSE PRODUCTION ACT PURCHASES 
For activities by the Department of Defense pursuant 
to sections 108, 301, 302, and 303 of the Defense Produc-
tion Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 
2093), $64,092,000, to remain available until expended. 
TITLE IV 
RESEARCH, DEVELOPMENT, TEST AND 
EVALUATION 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
ARMY 
For expenses necessary for basic and applied sci-
entific research, development, test and evaluation, includ-
ing maintenance, rehabilitation, lease, and operation of fa-
cilities and equipment, $11,509,540,000, to remain avail-
able for obligation until September 30, 2009. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
NAVY 
For expenses necessary for basic and applied sci-
entific research, development, test and evaluation, includ-
ing maintenance, rehabilitation, lease, and operation of fa-
cilities and equipment, $17,718,624,000, to remain avail-
able for obligation until September 30, 2009: Provided, 
That funds appropriated in this paragraph which are 
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available for the V–22 may be used to meet unique oper-
ational requirements of the Special Operations Forces: 
Provided further, That funds appropriated in this para-
graph shall be available for the Cobra Judy program. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
AIR FORCE 
For expenses necessary for basic and applied sci-
entific research, development, test and evaluation, includ-
ing maintenance, rehabilitation, lease, and operation of fa-
cilities and equipment, $26,163,917,000, to remain avail-
able for obligation until September 30, 2009. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
DEFENSE-WIDE 
For expenses of activities and agencies of the Depart-
ment of Defense (other than the military departments), 
necessary for basic and applied scientific research, devel-
opment, test and evaluation; advanced research projects 
as may be designated and determined by the Secretary 
of Defense, pursuant to law; maintenance, rehabilitation, 
lease,
and
operation
of
facilities
and
equipment, 
$20,659,095,000, to remain available for obligation until 
September 30, 2009. 
OPERATIONAL TEST AND EVALUATION, DEFENSE 
For expenses, not otherwise provided for, necessary 
for the independent activities of the Director, Operational 
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Test and Evaluation, in the direction and supervision of 
operational test and evaluation, including initial oper-
ational test and evaluation which is conducted prior to, 
and in support of, production decisions; joint operational 
testing and evaluation; and administrative expenses in 
connection therewith, $180,264,000, to remain available 
for obligation until September 30, 2009. 
TITLE V 
REVOLVING AND MANAGEMENT FUNDS 
DEFENSE WORKING CAPITAL FUNDS 
For
the
Defense
Working
Capital
Funds, 
$1,352,746,000. 
NATIONAL DEFENSE SEALIFT FUND 
For
National
Defense
Sealift
Fund
programs, 
projects, and activities, and for expenses of the National 
Defense Reserve Fleet, as established by section 11 of the 
Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1744), 
and for the necessary expenses to maintain and preserve 
a U.S.-flag merchant fleet to serve the national security 
needs of the United States, $2,489,094,000, to remain 
available until expended: Provided, That none of the funds 
provided in this paragraph shall be used to award a new 
contract that provides for the acquisition of any of the 
following major components unless such components are 
manufactured in the United States: auxiliary equipment, 
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including pumps, for all shipboard services; propulsion 
system components (that is; engines, reduction gears, and 
propellers); shipboard cranes; and spreaders for shipboard 
cranes: Provided further, That the exercise of an option 
in a contract awarded through the obligation of previously 
appropriated funds shall not be considered to be the award 
of a new contract: Provided further, That the Secretary 
of the military department responsible for such procure-
ment may waive the restrictions in the first proviso on 
a case-by-case basis by certifying in writing to the Com-
mittees 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 must be made 
in order to acquire capability for national security pur-
poses. 
TITLE VI 
OTHER DEPARTMENT OF DEFENSE PROGRAMS 
DEFENSE HEALTH PROGRAM 
For expenses, not otherwise provided for, for medical 
and health care programs of the Department of Defense, 
as
authorized
by
law,
$22,957,184,000,
of
which 
$22,140,381,000 shall be for operation and maintenance, 
of which not to exceed one percent shall remain available 
until September 30, 2009; of which $363,011,000, to re-
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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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account for purposes of the limitation on the amount of 
funds that may be transferred under this section: Provided 
further, That no obligation of funds may be made pursu-
ant to section 1206 of Public Law 109–163 (or any suc-
cessor provision) unless the Secretary of Defense has noti-
fied the congressional defense committees prior to any 
such obligation. 
SEC. 8006. (a) Not later than 60 days after enact-
ment of this Act, the Department of Defense shall submit 
a report to the congressional defense committees to estab-
lish the baseline for application of reprogramming and 
transfer authorities for fiscal year 2008: Provided, That 
the report shall include— 
(1) a table for each appropriation with a sepa-
rate column to display the President’s budget re-
quest, adjustments made by Congress, adjustments 
due to enacted rescissions, if appropriate, and the 
fiscal year enacted level; 
(2) a delineation in the table for each appro-
priation
both
by
budget
activity
and
program, 
project, and activity as detailed in the Budget Ap-
pendix and the supporting justification materials 
submitted to the Committees on Appropriations of 
the Senate and the House of Representatives for the 
respective appropriations; and 
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(3) an identification of items of special congres-
sional interest. 
(b) Notwithstanding section 8005 of this Act, none 
of the funds provided in this Act shall be available for 
reprogramming or transfer until the report identified in 
subsection (a) is submitted to the congressional defense 
committees, unless the Secretary of Defense certifies in 
writing to the congressional defense committees that such 
reprogramming or transfer is necessary as an emergency 
requirement. 
(TRANSFER OF FUNDS) 
SEC. 8007. During the current fiscal year, cash bal-
ances in working capital funds of the Department of De-
fense established pursuant to section 2208 of title 10, 
United States Code, may be maintained in only such 
amounts as are necessary at any time for cash disburse-
ments to be made from such funds: Provided, That trans-
fers may be made between such funds: Provided further, 
That transfers may be made between working capital 
funds and the ‘‘Foreign Currency Fluctuations, Defense’’ 
appropriation and the ‘‘Operation and Maintenance’’ ap-
propriation accounts in such amounts as may be deter-
mined by the Secretary of Defense, with the approval of 
the Office of Management and Budget, except that such 
transfers may not be made unless the Secretary of Defense 
has notified the Congress of the proposed transfer. Except 
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in 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 Sec-
retary of Defense has notified the Congress prior to any 
such obligation. 
SEC. 8008. 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 congres-
sional defense committees. 
SEC. 8009. 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, un-
less the congressional defense committees have been noti-
fied at least 30 days in advance of the proposed contract 
award: Provided, That no part of any appropriation con-
tained 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 
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any appropriation contained in this Act shall be available 
to initiate multiyear procurement contracts for any sys-
tems or component thereof if the value of the multiyear 
contract would exceed $500,000,000 unless specifically 
provided in this Act: Provided further, 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 author-
ity shall require the use of a present value analysis to de-
termine 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 in-
cludes, for any aircraft unit to be procured through 
the contract for which procurement funds are re-
quested in that budget request for production be-
yond advance procurement activities in the fiscal 
year covered by the budget, full funding of procure-
ment of such unit in that fiscal year; 
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(2) cancellation provisions in the contract do 
not include consideration of recurring manufacturing 
costs of the contractor associated with the produc-
tion of unfunded units to be delivered under the con-
tract; 
(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 ad-
justment 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. 
SEC. 8010. Within the funds appropriated for the op-
eration and maintenance of the Armed Forces, funds are 
hereby appropriated 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 chap-
ter 20 of title 10, United States Code, and these obliga-
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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. 8023. (a) Of the funds made available in this 
Act, not less than $31,355,000 shall be available for the 
Civil Air Patrol Corporation, of which— 
(1) $23,753,000 shall be available from ‘‘Oper-
ation and Maintenance, Air Force’’ to support Civil 
Air Patrol Corporation operation and maintenance, 
readiness, counterdrug activities, and drug demand 
reduction activities involving youth programs; 
(2) $6,727,000 shall be available from ‘‘Aircraft 
Procurement, Air Force’’; and 
(3) $875,000 shall be available from ‘‘Other 
Procurement, Air Force’’ for vehicle procurement. 
(b) The Secretary of the Air Force should waive reim-
bursement for any funds used by the Civil Air Patrol for 
counter-drug activities in support of Federal, State, and 
local government agencies. 
SEC. 8024. (a) None of the funds appropriated in this 
Act are available to establish a new Department of De-
fense (department) federally funded research and develop-
ment center (FFRDC), either as a new entity, or as a 
separate entity administrated by an organization man-
aging another FFRDC, or as a nonprofit membership cor-
poration consisting of a consortium of other FFRDCs and 
other non-profit entities. 
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(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-
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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 
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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-
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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 
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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 
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for operation and maintenance may be used to purchase 
items having an investment item unit cost of not more 
than $250,000: Provided, That upon determination by the 
Secretary of Defense that such action is necessary to meet 
the operational requirements of a Commander of a Com-
batant Command engaged in contingency operations over-
seas, such funds may be used to purchase items having 
an investment item unit cost of not more than $500,000. 
SEC. 8033. (a) During the current fiscal year, none 
of the appropriations or funds available to the Department 
of Defense Working Capital Funds shall be used for the 
purchase of an investment item for the purpose of acquir-
ing a new inventory item for sale or anticipated sale dur-
ing the current fiscal year or a subsequent fiscal year to 
customers of the Department of Defense Working Capital 
Funds if such an item would not have been chargeable 
to the Department of Defense Business Operations Fund 
during fiscal year 1994 and if the purchase of such an 
investment item would be chargeable during the current 
fiscal year to appropriations made to the Department of 
Defense for procurement. 
(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 shall be prepared and sub-
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mitted to the Congress on the basis that any equipment 
which was classified as an end item and funded in a pro-
curement appropriation contained in this Act shall be 
budgeted for in a proposed fiscal year 2009 procurement 
appropriation and not in the supply management business 
area or any other area or category of the Department of 
Defense Working Capital Funds. 
SEC. 8034. None of the funds appropriated by this 
Act for programs of the Central Intelligence Agency shall 
remain available for obligation beyond the current fiscal 
year, except for funds appropriated for the Reserve for 
Contingencies, which shall remain available until Sep-
tember 30, 2009: Provided, That funds appropriated, 
transferred, or otherwise credited to the Central Intel-
ligence Agency Central Services Working Capital Fund 
during this or any prior or subsequent fiscal year shall 
remain available until expended: Provided further, That 
any funds appropriated or transferred to the Central Intel-
ligence Agency for advanced research and development ac-
quisition, for agent operations, and for covert action pro-
grams authorized by the President under section 503 of 
the National Security Act of 1947, as amended, shall re-
main available until September 30, 2009. 
SEC. 8035. Notwithstanding any other provision of 
law, funds made available in this Act for the Defense In-
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telligence Agency may be used for the design, develop-
ment, and deployment of General Defense Intelligence 
Program intelligence communications and intelligence in-
formation systems for the Services, the Unified and Speci-
fied Commands, and the component commands. 
SEC. 8036. Of the funds made available in this Act 
under the heading ‘‘Defense Production Act Purchases’’, 
not less than $23,000,000 shall be made available for the 
competitive, domestic expansion of essential vacuum in-
duction melting furnace capacity and vacuum arc re-
melting furnace capacity for military aerospace and other 
defense applications: Provided, That the operator must be 
experienced and qualified in the production of iron-based 
vacuum induction melting steel and vacuum arc remelting 
steel: Provided further, That the facility must be owned 
and operated by an approved supplier to the military de-
partments and to defense industry original equipment 
manufacturers. 
SEC. 8037. (a) None of the funds appropriated in this 
Act may be expended by an entity of the Department of 
Defense unless the entity, in expending the funds, com-
plies with the Buy American Act. For purposes of this 
subsection, 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 
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ending June 30, 1934, and for other purposes’’, approved 
March 3, 1933 (41 U.S.C. 10a et seq.). 
(b) If the Secretary of Defense determines that a per-
son 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 America, the Secretary shall determine, in accordance 
with section 2410f of title 10, United States Code, wheth-
er the person should be debarred from contracting with 
the Department of Defense. 
(c) In the case of any equipment or products pur-
chased with appropriations provided under this Act, it is 
the sense of the Congress that any entity of the Depart-
ment of Defense, in expending the appropriation, purchase 
only American-made equipment and products, provided 
that American-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 
activity responsible for the procurement determines— 
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(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-
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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. 
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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 
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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, 
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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. 
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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. 
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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 
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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 
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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 
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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 
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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 
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planned acquisition and transition strategy and its esti-
mated 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 de-
fense committees that it is in the national interest to do 
so. 
SEC. 8064. The Secretary of Defense shall provide 
a classified quarterly report beginning 30 days after enact-
ment of this Act, to the House and Senate Appropriations 
Committees, Subcommittees on Defense on certain mat-
ters as directed in the classified annex accompanying this 
Act. 
SEC. 8065. Beginning in the current fiscal year and 
thereafter, refunds attributable to the use of the Govern-
ment travel card, refunds attributable to the use of the 
Government Purchase Card and refunds attributable to 
official Government travel arranged by Government Con-
tracted Travel Management Centers may be credited to 
operation and maintenance, and research, development, 
test and evaluation accounts of the Department of Defense 
which are current when the refunds are received. 
SEC. 8066. (a) REGISTERING FINANCIAL MANAGE-
MENT INFORMATION TECHNOLOGY SYSTEMS WITH DOD 
CHIEF INFORMATION OFFICER.—None of the funds ap-
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propriated in this Act may be used for a mission critical 
or mission essential financial management information 
technology system (including a system funded by the de-
fense working capital fund) that is not registered with the 
Chief Information Officer of the Department of Defense. 
A system shall be considered to be registered with that 
officer upon the furnishing to that officer of notice of the 
system, together with such information concerning the 
system as the Secretary of Defense may prescribe. A fi-
nancial management information technology system shall 
be considered a mission critical or mission essential infor-
mation technology system as defined by the Under Sec-
retary of Defense (Comptroller). 
(b) CERTIFICATIONS AS TO COMPLIANCE WITH FI-
NANCIAL MANAGEMENT MODERNIZATION PLAN.— 
(1) During the current fiscal year, a financial 
management automated information system, a mixed 
information system supporting financial and non-fi-
nancial systems, or a system improvement of more 
than $1,000,000 may not receive Milestone A ap-
proval, Milestone B approval, or full rate production, 
or their equivalent, within the Department of De-
fense until the Under Secretary of Defense (Comp-
troller) certifies, with respect to that milestone, that 
the system is being developed and managed in ac-
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cordance with the Department’s Financial Manage-
ment Modernization Plan. The Under Secretary of 
Defense (Comptroller) may require additional certifi-
cations, as appropriate, with respect to any such sys-
tem. 
(2) The Chief Information Officer shall provide 
the congressional defense committees timely notifica-
tion of certifications under paragraph (1). 
(c)
CERTIFICATIONS
AS
TO
COMPLIANCE
WITH 
CLINGER-COHEN ACT.— 
(1) During the current fiscal year, a major 
automated information system may not receive Mile-
stone A approval, Milestone B approval, or full rate 
production approval, or their equivalent, within the 
Department of Defense until the Chief Information 
Officer certifies, with respect to that milestone, that 
the system is being developed in accordance with the 
Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.). 
The Chief Information Officer may require addi-
tional certifications, as appropriate, with respect to 
any such system. 
(2) The Chief Information Officer shall provide 
the congressional defense committees timely notifica-
tion of certifications under paragraph (1). Each 
such notification shall include a statement con-
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firming that the following steps have been taken 
with respect to the system: 
(A) Business process reengineering. 
(B) An analysis of alternatives. 
(C) An economic analysis that includes a 
calculation of the return on investment. 
(D) Performance measures. 
(E)
An
information
assurance
strategy 
consistent with the Department’s Global Infor-
mation Grid. 
(d) DEFINITIONS.—For purposes of this section: 
(1)
The
term
‘‘Chief
Information
Officer’’ 
means the senior official of the Department of De-
fense designated by the Secretary of Defense pursu-
ant to section 3506 of title 44, United States Code. 
(2) The term ‘‘information technology system’’ 
has the meaning given the term ‘‘information tech-
nology’’ in section 5002 of the Clinger-Cohen Act of 
1996 (40 U.S.C. 1401). 
SEC. 8067. 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 Depart-
ment of Defense for goods or services previously provided 
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to such department or agency on a reimbursable basis: 
Provided, That this restriction shall not apply if the de-
partment 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 author-
ity: 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. 8068. 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 ele-
ments of the National Ballistic Missile Defense System. 
SEC. 8069. 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 no-
menclature 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 Depart-
ment of Defense under a contract that requires the entity 
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to demonstrate to the satisfaction of the Department of 
Defense that armor piercing projectiles are either: (1) ren-
dered incapable of reuse by the demilitarization process; 
or (2) used to manufacture ammunition pursuant to a con-
tract with the Department of Defense or the manufacture 
of ammunition for export pursuant to a License for Per-
manent Export of Unclassified Military Articles issued by 
the Department of State. 
SEC. 8070. Notwithstanding any other provision of 
law, the Chief of the National Guard Bureau, or his des-
ignee, may waive payment of all or part of the consider-
ation that otherwise would 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 one year 
to any organization specified in section 508(d) of title 32, 
United States Code, or any other youth, social, or fra-
ternal non-profit organization as may be approved by the 
Chief of the National Guard Bureau, or his designee, on 
a case-by-case basis. 
SEC. 8071. 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 
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vided further, That the Secretary of Defense is authorized 
to enter into and carry out contracts for the acquisition 
of real property, construction, personal services, and oper-
ations 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 nec-
essary: Provided further, That projects authorized by this 
section shall comply with applicable Federal, State, and 
local law to the maximum extent consistent with the na-
tional security, as determined by the Secretary of Defense. 
SEC. 8074. Section 8106 of the Department of De-
fense Appropriations 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 con-
tinue in effect to apply to disbursements that are made 
by the Department of Defense in fiscal year 2008. 
SEC. 8075. In addition to amounts provided else-
where in this Act, $15,000,000 is hereby appropriated to 
the Department of Defense, to remain available for obliga-
tion until expended: Provided, That notwithstanding any 
other provision of law, these funds shall be available only 
for a grant to the Fisher House Foundation, Inc., only 
for the construction and furnishing of additional Fisher 
Houses to meet the needs of military family members 
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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 
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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: 
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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: 
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(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 
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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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100 
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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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101 
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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. 
SEC. 8110. None of the funds made available in this 
Act may be used to disclose to the public the aggregate 
amount of funds appropriated by Congress for the Na-
tional Intelligence Program (as defined in section 3(6) of 
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the National Security Act of 1947 (50 U.S.C. 401a(6))) 
for a fiscal year. 
SEC. 8111. None of the funds appropriated by this 
Act may be used to waive or modify regulations promul-
gated under chapter 43, 71, 75, or 77 of title 5, United 
States Code. 
This Act may be cited as the ‘‘Department of Defense 
Appropriations Act, 2008’’. 
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: 
TITLE I 
MILITARY PERSONNEL 
MILITARY PERSONNEL, ARMY 
For pay, allowances, individual clothing, subsistence, 
interest on deposits, gratuities, permanent change of station 
travel (including all expenses thereof for organizational 
movements), and expenses of temporary duty travel between 
permanent duty stations, for members of the Army on active 
duty, (except members of reserve components provided for 
elsewhere), cadets, and aviation cadets; for members of the 
Reserve Officers’ Training Corps; and for payments pursu-
ant to section 156 of Public Law 97–377, as amended (42 
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U.S.C. 402 note), and to the Department of Defense Mili-
tary Retirement Fund, $31,734,076,000. 
MILITARY PERSONNEL, NAVY 
For pay, allowances, individual clothing, subsistence, 
interest on deposits, gratuities, permanent change of station 
travel (including all expenses thereof for organizational 
movements), and expenses of temporary duty travel between 
permanent duty stations, for members of the Navy on active 
duty (except members of the Reserve provided for elsewhere), 
midshipmen, and aviation cadets; for members of the Re-
serve 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 Department of Defense Mili-
tary Retirement Fund, $23,338,772,000. 
MILITARY PERSONNEL, MARINE CORPS 
For pay, allowances, individual clothing, subsistence, 
interest on deposits, gratuities, permanent change of station 
travel (including all expenses thereof for organizational 
movements), and expenses of temporary duty travel between 
permanent duty stations, for members of the Marine Corps 
on active duty (except members of the Reserve provided for 
elsewhere); and for payments pursuant to section 156 of 
Public Law 97–377, as amended (42 U.S.C. 402 note), and 
to the Department of Defense Military Retirement Fund, 
$10,291,831,000. 
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HR 3222 PP 
MILITARY PERSONNEL, AIR FORCE 
For pay, allowances, individual clothing, subsistence, 
interest on deposits, gratuities, permanent change of station 
travel (including all expenses thereof for organizational 
movements), and expenses of temporary duty travel between 
permanent duty stations, for members of the Air Force on 
active duty (except members of reserve components 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 Department of Defense 
Military Retirement Fund, $24,155,054,000. 
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 under-
going reserve training, or while performing drills or equiva-
lent 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, 
$3,672,440,000. 
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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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motor vehicles; supplying and equipping the Air National 
Guard, as authorized by law; expenses for repair, modifica-
tion, 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 Bureau regulations when 
specifically authorized by the Chief, National Guard Bu-
reau, $5,471,745,000. 
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 rep-
resentation purposes. 
ENVIRONMENTAL RESTORATION, ARMY 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Army, $444,879,000, 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 of the Department of the Army, or for similar 
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purposes, transfer the funds made available by this appro-
priation to other appropriations made available to the De-
partment 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. 
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 
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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-
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-
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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 
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 
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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 
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 
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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. 
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-
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DDG–1000 Program, $2,807,437,000; 
DDG–1000 Program (AP), $150,886,000; 
DDG–51 Destroyer, $48,078,000; 
Littoral Combat Ship (AP), $75,000,000; 
LPD–17, $1,398,922,000; 
LHA–R, $1,377,414,000; 
LCAC 
Service 
Life 
Extension 
Program, 
$98,518,000; 
Prior year shipbuilding costs, $511,474,000; 
Service Craft, $32,903,000; and 
For outfitting, post delivery, conversions, and 
first destination transportation, $379,811,000. 
In all: $13,205,438,000, to remain available for obliga-
tion until September 30, 2012: Provided, That additional 
obligations may be incurred after September 30, 2012, for 
engineering services, tests, evaluations, and other such budg-
eted work that must be performed in the final stage of ship 
construction: Provided further, That none of the funds pro-
vided under this heading for the construction or conversion 
of any naval vessel to be constructed in shipyards in the 
United States shall be expended in foreign facilities for the 
construction of major components of such vessel: Provided 
further, That none of the funds provided under this heading 
shall be used for the construction of any naval vessel in 
foreign shipyards. 
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OTHER PROCUREMENT, NAVY 
For procurement, production, and modernization of 
support equipment and materials not otherwise provided 
for, Navy ordnance (except ordnance for new aircraft, new 
ships, and ships authorized for conversion); the purchase 
of passenger motor vehicles for replacement only, and the 
purchase of 10 vehicles required for physical security of per-
sonnel, notwithstanding price limitations applicable to pas-
senger vehicles but not to exceed $255,000 per vehicle; ex-
pansion of public and private plants, including the land 
necessary therefor, and such lands and interests therein, 
may be acquired, and construction prosecuted thereon prior 
to approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and con-
tractor-owned equipment layaway, $5,376,530,000, to re-
main available for obligation until September 30, 2010. 
PROCUREMENT, MARINE CORPS 
For expenses necessary for the procurement, manufac-
ture, and modification of missiles, armament, military 
equipment, spare parts, and accessories therefor; plant 
equipment, appliances, and machine tools, and installation 
thereof in public and private plants; reserve plant and Gov-
ernment and contractor-owned equipment layaway; vehicles 
for the Marine Corps, including the purchase of passenger 
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motor vehicles for replacement only; and expansion of pub-
lic and private plants, including land necessary therefor, 
and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title, 
$2,091,897,000, to remain available for obligation until 
September 30, 2010. 
AIRCRAFT PROCUREMENT, AIR FORCE 
For construction, procurement, and modification of 
aircraft and equipment, including armor and armament, 
specialized ground handling equipment, and training de-
vices, spare parts, and accessories therefor; specialized 
equipment; expansion of public and private plants, Govern-
ment-owned equipment and installation thereof in such 
plants, erection of structures, and acquisition of land, for 
the foregoing purposes, and such lands and interests therein, 
may be acquired, and construction prosecuted thereon prior 
to approval of title; reserve plant and Government and con-
tractor-owned equipment layaway; and other expenses nec-
essary for the foregoing purposes including rents and trans-
portation of things, $12,133,900,000, to remain available 
for obligation until September 30, 2010. 
MISSILE PROCUREMENT, AIR FORCE 
For construction, procurement, and modification of 
missiles, spacecraft, rockets, and related equipment, includ-
ing spare parts and accessories therefor, ground handling 
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equipment, and training devices; expansion of public and 
private plants, Government-owned equipment and installa-
tion thereof in such plants, erection of structures, and ac-
quisition of land, for the foregoing purposes, and such lands 
and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; reserve plant 
and Government and contractor-owned equipment layaway; 
and other expenses necessary for the foregoing purposes in-
cluding rents and transportation of things, $4,920,219,000, 
to remain available for obligation until September 30, 
2010. 
PROCUREMENT OF AMMUNITION, AIR FORCE 
For construction, procurement, production, and modi-
fication of ammunition, and accessories therefor; specialized 
equipment and training devices; expansion of public and 
private plants, including ammunition facilities, authorized 
by section 2854 of title 10, United States Code, and 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, 
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$854,167,000, to remain available for obligation until Sep-
tember 30, 2010. 
OTHER PROCUREMENT, AIR FORCE 
For procurement and modification of equipment (in-
cluding ground guidance and electronic control equipment, 
and ground electronic and communication equipment), and 
supplies, materials, and spare parts therefor, not otherwise 
provided for; the purchase of passenger motor vehicles for 
replacement only, and the purchase of 2 vehicles required 
for physical security of personnel, notwithstanding price 
limitations applicable to passenger vehicles but not to ex-
ceed $255,000 per vehicle; lease of passenger motor vehicles; 
and expansion of public and private plants, Government- 
owned equipment and installation thereof in such plants, 
erection of structures, and acquisition of land, for the fore-
going purposes, and such lands and interests therein, may 
be acquired, and construction prosecuted thereon, prior to 
approval of title; reserve plant and Government and con-
tractor-owned equipment layaway, $15,517,127,000, to re-
main available for obligation until September 30, 2010. 
PROCUREMENT, DEFENSE-WIDE 
For expenses of activities and agencies of the Depart-
ment of Defense (other than the military departments) nec-
essary for procurement, production, and modification of 
equipment, supplies, materials, and spare parts therefor, 
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not otherwise provided for; the purchase of passenger motor 
vehicles for replacement only, and the purchase of 5 vehicles 
required for physical security of personnel, notwithstanding 
prior limitations applicable to passenger vehicles but not 
to exceed $255,000 per vehicle; expansion of public and pri-
vate plants, equipment, and installation thereof in such 
plants, erection of structures, and acquisition of land for 
the foregoing purposes, and such lands and interests therein, 
may be acquired, and construction prosecuted thereon prior 
to approval of title; reserve plant and Government and con-
tractor-owned equipment layaway, $3,246,843,000, to re-
main available for obligation until September 30, 2010. 
NATIONAL GUARD AND RESERVE EQUIPMENT 
For procurement of aircraft, missiles, tracked combat 
vehicles, ammunition, other weapons, and other procure-
ment for the reserve components of the Armed Forces, 
$1,000,000,000, to remain available for obligation until 
September 30, 2010: Provided, That the Chiefs of the Re-
serve and National Guard components shall, not later than 
30 days after the enactment of this Act, individually submit 
to the congressional defense committees the modernization 
priority assessment for their respective Reserve or National 
Guard component. 
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evaluation; and administrative expenses in connection 
therewith, $180,264,000, to remain available for obligation 
until September 30, 2009. 
TITLE V 
REVOLVING AND MANAGEMENT FUNDS 
DEFENSE WORKING CAPITAL FUNDS 
For 
the 
Defense 
Working 
Capital 
Funds, 
$1,352,746,000. 
NATIONAL DEFENSE SEALIFT FUND 
For National Defense Sealift Fund programs, projects, 
and activities, and for expenses of the National Defense Re-
serve Fleet, as established by section 11 of the Merchant 
Ship Sales Act of 1946 (50 U.S.C. App. 1744), and for the 
necessary expenses to maintain and preserve a U.S.-flag 
merchant fleet to serve the national security needs of the 
United States, $1,044,194,000, to remain available until ex-
pended: Provided, That none of the funds provided in this 
paragraph shall be used to award a new contract that pro-
vides for the acquisition of any of the following major com-
ponents unless such components are manufactured in the 
United States: auxiliary equipment, including pumps, for 
all shipboard services; propulsion system components (that 
is; engines, reduction gears, and propellers); shipboard 
cranes; and spreaders for shipboard cranes: Provided fur-
ther, That the exercise of an option in a contract awarded 
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through the obligation of previously appropriated funds 
shall not be considered to be the award of a new contract: 
Provided further, That the Secretary of the military depart-
ment responsible for such procurement may waive the re-
strictions in the first proviso on a case-by-case basis by cer-
tifying in writing 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 must be made in order to acquire capability for 
national security purposes. 
TITLE VI 
OTHER DEPARTMENT OF DEFENSE PROGRAMS 
DEFENSE HEALTH PROGRAM 
For expenses, not otherwise provided for, for medical 
and health care programs of the Department of Defense, as 
authorized 
by 
law, 
$23,490,051,000, 
of 
which 
$22,650,758,000 shall be for Operation and maintenance, 
of which not to exceed one percent shall remain available 
until September 30, 2009, and of which up to 
$12,341,286,000 may be available for contracts entered into 
under the TRICARE program; of which $362,261,000, to 
remain available for obligation until September 30, 2010, 
shall be for Procurement; and of which $477,032,000, to re-
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main available for obligation until September 30, 2009, 
shall be for Research, development, test and evaluation. 
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 
DEFENSE 
For expenses, not otherwise provided for, necessary for 
the destruction of the United States stockpile of lethal chem-
ical agents and munitions, to include construction of facili-
ties, in accordance with the provisions of section 1412 of 
the Department of Defense Authorization Act, 1986 (50 
U.S.C. 1521), and for the destruction of other chemical war-
fare materials that are not in the chemical weapon stock-
pile, $1,517,724,000, of which $1,186,500,000 shall be for 
Operation and maintenance; $18,424,000 shall be for Pro-
curement, to remain available until September 30, 2010; 
$312,800,000 shall be for Research, development, test and 
evaluation, of which $302,900,000 shall only be for the As-
sembled Chemical Weapons Alternatives (ACWA) program, 
to remain available until September 30, 2008; 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 installations and of which 
$88,245,000, to remain available until September 30, 2008, 
shall be to assist State and local governments. 
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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, $962,603,000: 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 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 contained elsewhere in this Act. 
JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND 
(INCLUDING TRANSFER OF FUNDS) 
For the ‘‘Joint Improvised Explosive Device Defeat 
Fund, $120,000,000: Provided, That such funds shall be 
available to the Secretary of Defense, notwithstanding any 
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other provision of law, for the purpose of allowing the Di-
rector of the Joint Improvised Explosive Device Defeat Or-
ganization to investigate, develop and provide equipment, 
supplies, services, 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 enactment of this Act, a plan for the intended manage-
ment and use of the Fund is provided to the congressional 
defense committees: Provided further, That the Secretary of 
Defense shall submit a report not later than 30 days after 
the end of each fiscal quarter to the congressional defense 
committees providing assessments of the evolving threats, 
individual service requirements to counter the threats, the 
current strategy for predeployment training of members of 
the Armed Forces on improvised explosive devices, and de-
tails on the execution of this Fund: Provided further, That 
the Secretary of Defense may transfer funds provided herein 
to appropriations for Operation and maintenance; Procure-
ment; Research, development, test and evaluation; and de-
fense working capital funds to accomplish the purpose pro-
vided herein: Provided further, That amounts transferred 
shall be merged with and available for the same purposes 
and time period as the appropriations to which transferred: 
Provided further, That this transfer authority is in addi-
tion to any other transfer authority available to the Depart-
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Intelligence Agency Retirement and Disability System, 
$262,500,000. 
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of the Intelligence Community 
Management Account, $709,376,000: Provided, That of the 
funds appropriated under this heading, $16,000,000 shall 
be transferred to the Department of Justice for the National 
Drug Intelligence Center. 
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 com-
puted under the provisions of section 5332 of title 5, United 
States Code, or at a rate in excess of the percentage increase 
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provided by the appropriate host nation to its own employ-
ees, whichever is higher: Provided further, That this section 
shall not apply to Department of Defense foreign service 
national employees serving at United States diplomatic 
missions whose pay is set by the Department of State under 
the Foreign Service Act of 1980: Provided further, That the 
limitations of this provision shall not apply to foreign na-
tional employees of the Department of Defense in the Re-
public 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 appropria-
tions in this Act which are limited for obligation during 
the current fiscal year shall be obligated during the last 2 
months of the fiscal year: Provided, That this section shall 
not apply to obligations for support of active duty training 
of reserve components or summer camp training of the Re-
serve 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 Management 
and Budget, transfer not to exceed $3,700,000,000 of work-
ing capital funds of the Department of Defense or funds 
made available in this Act to the Department of Defense 
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for military functions (except military construction) be-
tween such appropriations or funds or any subdivision 
thereof, to be merged with and to be available for the same 
purposes, and for the same time period, as the appropria-
tion or fund to which transferred: Provided, That such au-
thority to transfer may not be used unless for higher pri-
ority items, based on unforeseen military requirements, 
than those for which originally appropriated and in no case 
where the item for which funds are requested has been de-
nied by the Congress: Provided further, That the Secretary 
of Defense shall notify the Congress promptly of all transfers 
made pursuant to this authority or any other authority in 
this Act: Provided further, That no part of the funds in 
this Act shall be available to prepare or present a request 
to the Committees on Appropriations for reprogramming 
of funds, unless for higher priority items, based on unfore-
seen military requirements, than those for which originally 
appropriated and in no case where the item for which re-
programming is requested has been denied by the Congress: 
Provided 
further, 
That 
a 
request 
for 
multiple 
reprogrammings of funds using authority provided in this 
section must be made prior to June 30, 2008: Provided fur-
ther, That transfers among military personnel appropria-
tions shall not be taken into account for purposes of the 
limitation on the amount of funds that may be transferred 
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under this section: Provided further, That no obligation of 
funds may be made pursuant to section 1206 of Public Law 
109–163 (or any successor provision) unless the Secretary 
of Defense has notified the congressional defense committees 
prior to any such obligation. 
SEC. 8006. The Secretaries of the Air Force and the 
Army are authorized, using funds available under the head-
ing ‘‘Operation and Maintenance, Air Force’’ and ‘‘Oper-
ation and Maintenance, Army’’, to complete phased repair 
projects, of which repairs may include upgrades and addi-
tions to Alaskan range infrastructure and training areas, 
to include improved access to these ranges. 
(TRANSFER OF FUNDS) 
SEC. 8007. During the current fiscal year, cash bal-
ances in working capital funds of the Department of De-
fense established pursuant to section 2208 of title 10, United 
States Code, may be maintained in only such amounts as 
are necessary at any time for cash disbursements to be made 
from such funds: Provided, That transfers may be made be-
tween such funds: Provided further, That transfers may be 
made between working capital funds and the ‘‘Foreign Cur-
rency Fluctuations, Defense’’ appropriation and the ‘‘Oper-
ation and Maintenance’’ appropriation accounts in such 
amounts as may be determined by the Secretary of Defense, 
with the approval of the Office of Management and Budget, 
except that such transfers may not be made unless the Sec-
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retary of Defense has notified the Congress of the proposed 
transfer. Except in amounts equal to the amounts appro-
priated 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, un-
less the Secretary of Defense has notified the Congress prior 
to any such obligation. 
SEC. 8008. 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 congres-
sional defense committees. 
SEC. 8009. None of the funds provided in this Act shall 
be available to initiate: (1) a multiyear contract that em-
ploys 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 li-
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ability: Provided further, That no part of any appropria-
tion contained in this Act shall be available to initiate 
multiyear procurement contracts for any systems or compo-
nent thereof if the value of the multiyear contract would 
exceed $500,000,000 unless specifically provided in this Act: 
Provided further, 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 determine 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 con-
tract for which procurement funds are requested in 
that budget request for production beyond advance 
procurement activities in the fiscal year covered by 
the budget, full funding of procurement of such unit 
in that fiscal year; 
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(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 ad-
justment based on a failure to award a follow-on con-
tract. 
Funds appropriated in title III of this Act may be 
used for a multiyear procurement contract as follows: 
M1A2 Abrams System Enhancement Package Up-
grades; M2A3/M3A3 Bradley Upgrades; and SSN Virginia 
Class Submarine. 
SEC. 8010. Within the funds appropriated for the oper-
ation and maintenance of the Armed Forces, funds are here-
by appropriated 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 assist-
ance 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 re-
ported as required by section 401(d) of title 10, United 
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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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