Department of Defense Appropriations Act, 2008
PL 110-116 (H.R.3222), enacted 11/13/2007

121 STAT. 1295 
PUBLIC LAW 110–116—NOV. 13, 2007 
Public Law 110–116 
110th Congress 
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 Representatives of 
the United States of America in Congress assembled, 
SECTION 1. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Table of contents. 
Sec. 2. References. 
DIVISION A—DEPARTMENT OF DEFENSE, 2008 
Title I—Military Personnel 
Title II—Operation and Maintenance 
Title III—Procurement 
Title IV—Research, Development, Test and Evaluation 
Title V—Revolving and Management Funds 
Title VI—Other Department of Defense Programs 
Title VII—Related Agencies 
Title VIII—General Provisions 
DIVISION B—FURTHER CONTINUING APPROPRIATIONS, 2008 
SEC. 2. REFERENCES. 
Except as expressly provided otherwise, any reference to ‘‘this 
Act’’ contained in any division of this Act shall be treated as 
referencing only to the provisions of that division. 
DIVISION A—DEPARTMENT OF DEFENSE 
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 functions 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 sta-
tions, 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 
Department of 
Defense 
Appropriations 
Act, 2008. 
1 USC 1 note. 
Nov. 13, 2007 
[H.R. 3222] 
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121 STAT. 1296 
PUBLIC LAW 110–116—NOV. 13, 2007 
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, $31,535,016,000. 
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 sta-
tions, for members of the Navy on active duty (except members 
of the Reserve provided 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, as 
amended (42 U.S.C. 402 note), and to the Department of Defense 
Military Retirement Fund, $23,318,476,000. 
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 sta-
tions, 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 Retire-
ment Fund, $10,280,180,000. 
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 sta-
tions, 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, $24,194,914,000. 
RESERVE PERSONNEL, ARMY 
For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Army Reserve 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 authorized by section 
16131 of title 10, United States Code; and for payments to the 
Department of Defense Military Retirement Fund, $3,684,610,000. 
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121 STAT. 1297 
PUBLIC LAW 110–116—NOV. 13, 2007 
RESERVE PERSONNEL, NAVY 
For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Navy 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 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, $1,790,136,000. 
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 equivalent 
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, $583,108,000. 
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 per-
forming 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 authorized 
by section 16131 of title 10, United States Code; and for payments 
to the Department of Defense Military Retirement Fund, 
$1,363,779,000. 
NATIONAL GUARD PERSONNEL, ARMY 
For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Army National 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 payments to the Department 
of Defense Military Retirement Fund, $5,924,699,000. 
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121 STAT. 1298 
PUBLIC LAW 110–116—NOV. 13, 2007 
NATIONAL GUARD PERSONNEL, AIR FORCE 
For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Air National 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 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 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, $2,617,319,000. 
TITLE II 
OPERATION AND MAINTENANCE 
OPERATION AND MAINTENANCE, ARMY 
(INCLUDING TRANSFER OF FUNDS) 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Army, as authorized by law; 
and not to exceed $11,478,000 can be used for emergencies and 
extraordinary expenses, to be expended on the approval or authority 
of the Secretary of the Army, and payments may be made on 
his certificate of necessity for confidential military purposes, 
$27,361,574,000: Provided, That, notwithstanding any other provi-
sion of law, up to $12,500,000 may be transferred to ‘‘U.S. Army 
Corps of Engineers, Operation and Maintenance’’ for expenses 
related to the dredging of the Hudson River Channel and its adja-
cent areas, to be merged with and to be available for the same 
time period as the appropriations to which transferred: Provided 
further, That the transfer authority provided in this paragraph 
shall be in addition to any other transfer authority elsewhere pro-
vided in this Act. 
OPERATION AND MAINTENANCE, NAVY 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Navy and the Marine Corps, 
as authorized by law; and not to exceed $6,257,000 can be used 
for emergencies and extraordinary expenses, to be expended on 
the approval or authority of the Secretary of the Navy, and pay-
ments may be made on his certificate of necessity for confidential 
military purposes, $33,087,650,000. 
OPERATION AND MAINTENANCE, MARINE CORPS 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Marine Corps, as authorized 
by law, $4,792,211,000. 
OPERATION AND MAINTENANCE, AIR FORCE 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Air Force, as authorized by law; 
and not to exceed $7,699,000 can be used for emergencies and 
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121 STAT. 1299 
PUBLIC LAW 110–116—NOV. 13, 2007 
extraordinary expenses, to be expended on the approval or authority 
of the Secretary of the Air Force, and payments may be made 
on his certificate of necessity for confidential military purposes, 
$32,176,162,000. 
OPERATION AND MAINTENANCE, DEFENSE-WIDE 
(INCLUDING TRANSFER OF FUNDS) 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance of activities and agencies of the Depart-
ment of Defense (other than the military departments), as author-
ized by law, $22,693,617,000: Provided, That not more than 
$25,000,000 may be used for the Combatant Commander Initiative 
Fund authorized under section 166a of title 10, United States 
Code: Provided further, That not to exceed $36,000,000 can be 
used for emergencies and extraordinary expenses, to be expended 
on the approval or authority of the Secretary of Defense, and 
payments may be made on his certificate of necessity for confidential 
military purposes: Provided further, That of the funds provided 
under this heading, not less than $27,380,000 shall be made avail-
able for the Procurement Technical Assistance Cooperative Agree-
ment Program, of which not less than $3,600,000 shall be available 
for centers defined in 10 U.S.C. 2411(1)(D): Provided further, That 
of the funds provided under this heading, not less than $582,643,000 
shall be available only for the Combatant Commander’s Exercise 
Engagement and Training Transformation program: Provided fur-
ther, That none of the funds appropriated or otherwise made avail-
able by this Act may be used to plan or implement the consolidation 
of a budget or appropriations liaison office of the Office of the 
Secretary of Defense, the office of the Secretary of a military depart-
ment, or the service headquarters of one of the Armed Forces 
into a legislative affairs or legislative liaison office: Provided further, 
That, notwithstanding section 130(a) of title 10, United States 
Code, not less than $41,293,000 shall be available for the Office 
of the Undersecretary of Defense, Comptroller and Chief Financial 
Officer: Provided further, That $4,000,000, to remain available until 
expended, is available only for expenses relating to certain classified 
activities, and may be transferred as necessary by the Secretary 
to operation and maintenance appropriations or research, develop-
ment, test and evaluation appropriations, to be merged with and 
to be available for the same time period as the appropriations 
to which transferred: Provided further, That any ceiling on the 
investment item unit cost of items that may be purchased with 
operation and maintenance funds shall not apply to the funds 
described in the preceding proviso: Provided further, That of the 
funds provided under this heading, $247,000,000 shall be available 
for National Guard support to the Department of Homeland Secu-
rity, including operating surveillance systems, analyzing intel-
ligence, installing fences and vehicle barriers, building patrol roads, 
and providing training: Provided further, That the Secretary of 
Defense may transfer the funds described in the preceding proviso 
to appropriations for military personnel, operation and mainte-
nance, and procurement to be available for the same purposes 
as the appropriation or fund to which transferred, and that upon 
a determination that all or part of the funds so 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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121 STAT. 1300 
PUBLIC LAW 110–116—NOV. 13, 2007 
to be merged with and made available for the same purposes 
and for the time period provided under this heading: Provided 
further, That the Secretary of Defense shall, not more than five 
days after making transfers from this appropriation for the purpose 
of support to the Department of Homeland Security, notify the 
congressional defense committees in writing of any such transfer: 
Provided further, That the transfer authority provided under this 
heading is in addition to any other transfer authority provided 
elsewhere in this Act. 
OPERATION AND MAINTENANCE, ARMY RESERVE 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Army Reserve; repair of facilities and equip-
ment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $2,510,022,000. 
OPERATION AND MAINTENANCE, NAVY RESERVE 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Navy Reserve; repair of facilities and equip-
ment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $1,148,083,000. 
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Marine Corps Reserve; repair of facilities 
and equipment; hire of passenger motor vehicles; travel and 
transportation; care of the dead; recruiting; procurement of services, 
supplies, and equipment; and communications, $208,637,000. 
OPERATION AND MAINTENANCE, AIR FORCE RESERVE 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Air Force Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transpor-
tation; care of the dead; recruiting; procurement of services, sup-
plies, and equipment; and communications, $2,815,417,000. 
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD 
For expenses of training, organizing, and administering the 
Army National Guard, including medical and hospital treatment 
and related expenses in non-Federal hospitals; maintenance, oper-
ation, and repairs to structures and facilities; hire of passenger 
motor vehicles; personnel services in the National Guard Bureau; 
travel expenses (other than mileage), as authorized by law for 
Army personnel on active duty, for Army National Guard division, 
regimental, and battalion commanders while inspecting units in 
compliance with National Guard Bureau regulations when specifi-
cally authorized by the Chief, National Guard Bureau; supplying 
Deadline. 
Notification. 
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121 STAT. 1301 
PUBLIC LAW 110–116—NOV. 13, 2007 
and equipping the Army National Guard as authorized by law; 
and expenses of repair, modification, maintenance, and issue of 
supplies and equipment (including aircraft), $5,764,858,000. 
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD 
For expenses of training, organizing, and administering the 
Air National Guard, including medical and hospital treatment and 
related expenses in non-Federal hospitals; maintenance, operation, 
and repairs to structures and facilities; transportation of things, 
hire of passenger 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 per-
sonnel 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 Bureau, $5,468,710,000. 
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, $439,879,000, to remain 
available until transferred: Provided, That the Secretary 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 purposes, transfer the funds made 
available by this appropriation to other appropriations made avail-
able 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: 
Provided further, That the transfer authority provided under this 
heading is in addition to any other transfer authority provided 
elsewhere in this Act. 
ENVIRONMENTAL RESTORATION, NAVY 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Navy, $300,591,000, to remain avail-
able until transferred: Provided, That the Secretary of the Navy 
shall, upon determining that such funds are required for environ-
mental 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 appropriation to other appropriations made available to 
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121 STAT. 1302 
PUBLIC LAW 110–116—NOV. 13, 2007 
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 appro-
priations to which transferred: Provided further, That upon a deter-
mination that all or part of the funds transferred from this appro-
priation 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 provided elsewhere 
in this Act. 
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, reduction 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: 
Provided further, That the transfer authority 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 remain avail-
able until transferred: Provided, That the Secretary of Defense 
shall, upon determining that such funds are required for environ-
mental 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 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 appro-
priations to which transferred: Provided further, That upon a deter-
mination that all or part of the funds transferred from this appro-
priation 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 provided elsewhere 
in this Act. 
ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Army, $280,249,000, to remain 
available until transferred: Provided, That the Secretary of the 
Army shall, upon determining that such funds are required for 
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121 STAT. 1303 
PUBLIC LAW 110–116—NOV. 13, 2007 
environmental restoration, reduction and recycling of hazardous 
waste, removal of unsafe buildings and debris at sites formerly 
used by the Department of Defense, transfer the funds made avail-
able 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: 
Provided further, That the transfer authority provided under this 
heading is in addition to any other transfer authority provided 
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 sections 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 disaster 
relief and response activities and shall remain available until Sep-
tember 30, 2010. 
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 facili-
tating the elimination and the safe and secure transportation and 
storage of nuclear, chemical and other weapons; for establishing 
programs to prevent the proliferation of weapons, weapons compo-
nents, and weapon-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 expertise, and for defense 
and military contacts, $428,048,000, to remain available until Sep-
tember 30, 2010: Provided, That of the amounts provided under 
this heading, $12,000,000 shall be available only to support the 
dismantling and disposal of nuclear submarines, submarine reactor 
components, and security enhancements for transport and storage 
of nuclear warheads in the Russian Far East. 
TITLE III 
PROCUREMENT 
AIRCRAFT PROCUREMENT, ARMY 
For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; special-
ized 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, appliances, and 
machine tools in public and private plants; reserve plant and 
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121 STAT. 1304 
PUBLIC LAW 110–116—NOV. 13, 2007 
Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes, $4,185,778,000, to 
remain available for obligation until September 30, 2010. 
MISSILE PROCUREMENT, ARMY 
For construction, procurement, production, modification, and 
modernization of missiles, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; special-
ized 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, 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, $1,911,979,000, to 
remain available for obligation until September 30, 2010. 
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, 
ARMY 
For construction, procurement, production, and modification 
of weapons and tracked combat vehicles, equipment, including ord-
nance, 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, 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, $3,021,889,000, to 
remain available for obligation until September 30, 2010. 
PROCUREMENT OF AMMUNITION, ARMY 
For construction, procurement, production, and modification 
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 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 contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes, $2,223,176,000, to 
remain available for obligation until September 30, 2010. 
OTHER PROCUREMENT, ARMY 
For construction, procurement, production, and modification 
of vehicles, including tactical, support, and non-tracked combat 
vehicles; the purchase of passenger motor vehicles for replacement 
only; and the purchase of 3 vehicles required for physical security 
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121 STAT. 1305 
PUBLIC LAW 110–116—NOV. 13, 2007 
of personnel, notwithstanding price limitations applicable to pas-
senger vehicles but not to exceed $255,000 per vehicle; communica-
tions and electronic equipment; other support equipment; spare 
parts, ordnance, 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, 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, $11,428,027,000, 
to remain available for obligation until September 30, 2010. 
AIRCRAFT PROCUREMENT, NAVY 
For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, spare 
parts, and accessories therefor; specialized equipment; expansion 
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 
contractor-owned 
equipment 
layaway, 
$12,464,284,000, to remain available for obligation until September 
30, 2010. 
WEAPONS PROCUREMENT, NAVY 
For construction, procurement, production, modification, and 
modernization of missiles, torpedoes, other weapons, and related 
support equipment including spare parts, and accessories therefor; 
expansion 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 
contractor-owned 
equipment 
layaway, 
$3,113,987,000, to remain available for obligation until September 
30, 2010. 
PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS 
For construction, procurement, production, and modification 
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 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 contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes, $1,064,432,000, to 
remain available for obligation until September 30, 2010. 
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121 STAT. 1306 
PUBLIC LAW 110–116—NOV. 13, 2007 
SHIPBUILDING AND CONVERSION, NAVY 
For expenses necessary for the construction, acquisition, or 
conversion of vessels as authorized by law, including armor and 
armament thereof, plant equipment, appliances, and machine tools 
and installation thereof in public and private plants; reserve plant 
and 
Government 
and 
contractor-owned 
equipment 
layaway; 
procurement of critical, long leadtime components and designs for 
vessels to be constructed or converted in the future; and expansion 
of public 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, as follows: 
Carrier Replacement Program, $2,703,953,000; 
Carrier Replacement Program (AP), $124,401,000; 
NSSN, $1,796,191,000; 
NSSN (AP), $1,290,710,000; 
CVN Refuelings (AP), $297,344,000; 
SSBN Submarine Refuelings, $187,652,000; 
SSBN Submarine Refuelings (AP), $42,744,000; 
DDG–1000 Program, $2,776,477,000; 
DDG–1000 Program (AP), $150,886,000; 
DDG–51 Destroyer, $48,078,000; 
Littoral Combat Ship, $339,482,000; 
LPD–17, $1,391,922,000; 
LPD–17 (AP), $50,000,000; 
LHA–R, $1,375,414,000; 
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 destina-
tion transportation, $379,811,000. 
In all: $13,597,960,000, to remain available for obligation until 
September 30, 2012: Provided, That additional obligations may 
be incurred after September 30, 2012, for engineering services, 
tests, evaluations, and other such budgeted work that must be 
performed in the final stage of ship construction: Provided further, 
That none of the funds provided under this heading for the construc-
tion 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 fur-
ther, That none of the funds provided under this heading shall 
be used for the construction of any naval vessel in foreign shipyards. 
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 personnel, notwithstanding price limitations 
applicable to passenger vehicles but not to exceed $255,000 per 
vehicle; expansion 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 
contractor-owned 
equipment 
layaway, 
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121 STAT. 1307 
PUBLIC LAW 110–116—NOV. 13, 2007 
$5,317,570,000, to remain available for obligation until September 
30, 2010. 
PROCUREMENT, MARINE CORPS 
For expenses necessary for the procurement, manufacture, 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 Government and contractor-owned equipment 
layaway; vehicles for the Marine Corps, including the purchase 
of passenger motor vehicles for replacement only; and expansion 
of public 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, 
$2,326,619,000, 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 han-
dling equipment, and training devices, spare parts, and accessories 
therefor; specialized equipment; expansion of public and private 
plants, Government-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 contractor-owned equip-
ment layaway; and other expenses necessary for the foregoing pur-
poses including rents and transportation of things, $12,021,900,000, 
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, including spare parts 
and accessories therefor, ground handling equipment, and training 
devices; expansion of public and private plants, Government-owned 
equipment and installation thereof in such plants, erection of struc-
tures, 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 contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes including rents and 
transportation of things, $4,985,459,000, to remain available for 
obligation until September 30, 2010. 
PROCUREMENT OF AMMUNITION, AIR FORCE 
For construction, procurement, production, and modification 
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 construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and 
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121 STAT. 1308 
PUBLIC LAW 110–116—NOV. 13, 2007 
machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes, $754,117,000, to 
remain available for obligation until September 30, 2010. 
OTHER PROCUREMENT, AIR FORCE 
For procurement and modification of equipment (including 
ground guidance and electronic control equipment, and ground elec-
tronic 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, notwith-
standing price limitations applicable to passenger vehicles but not 
to exceed $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 struc-
tures, 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 
contractor-owned 
equipment 
layaway, 
$15,440,594,000, to remain available for obligation until September 
30, 2010. 
PROCUREMENT, DEFENSE-WIDE 
For expenses of activities and agencies of the Department of 
Defense (other than the military departments) necessary for 
procurement, production, and modification of equipment, supplies, 
materials, and spare parts therefor, 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 private plants, 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 contractor-owned equip-
ment layaway, $3,269,035,000, 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 procurement for the reserve 
components of the Armed Forces, $980,000,000, to remain available 
for obligation until September 30, 2010: 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 committees the modernization priority 
assessment for their respective Reserve or National Guard compo-
nent. 
DEFENSE PRODUCTION ACT PURCHASES 
For activities by the Department of Defense pursuant to sec-
tions 108, 301, 302, and 303 of the Defense Production Act of 
Deadline. 
Assessment. 
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121 STAT. 1309 
PUBLIC LAW 110–116—NOV. 13, 2007 
1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093), $94,792,000, 
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 scientific research, 
development, 
test 
and 
evaluation, 
including 
maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$12,126,591,000, to remain available for obligation until September 
30, 2009. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY 
For expenses necessary for basic and applied scientific research, 
development, 
test 
and 
evaluation, 
including 
maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$17,918,522,000, to remain available for obligation until September 
30, 2009: Provided, That funds appropriated in this paragraph 
which are available for the V–22 may be used to meet unique 
operational requirements of the Special Operations Forces: Provided 
further, That funds appropriated in this paragraph shall be avail-
able for the Cobra Judy program. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE 
For expenses necessary for basic and applied scientific research, 
development, 
test 
and 
evaluation, 
including 
maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$26,255,471,000, to remain available for obligation until September 
30, 2009. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE 
For expenses of activities and agencies of the Department of 
Defense (other than the military departments), necessary for basic 
and applied scientific research, development, 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, 
$20,790,634,000, 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 Test and Evalua-
tion, in the direction and supervision of operational test and evalua-
tion, including initial operational test and evaluation which is con-
ducted prior to, and in support of, production decisions; joint oper-
ational testing and evaluation; and administrative expenses in 
connection therewith, $180,264,000, to remain available for obliga-
tion until September 30, 2009. 
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121 STAT. 1310 
PUBLIC LAW 110–116—NOV. 13, 2007 
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, $1,349,094,000, 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, including pumps, for all ship-
board 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 procurement may waive the restric-
tions in the first proviso on a case-by-case basis by certifying in 
writing to the Committees on Appropriations of the House of Rep-
resentatives 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, $23,458,692,000, of which $22,559,501,000 shall be for oper-
ation and maintenance, of which not to exceed one percent shall 
remain available until September 30, 2009, and of which up to 
$11,424,799,000 may be available for contracts entered into under 
the TRICARE program; of which $362,861,000, to remain available 
for obligation until September 30, 2010, shall be for procurement; 
and of which $536,330,000, to remain available for obligation until 
September 30, 2009, shall be for research, development, test and 
evaluation: Provided, That, notwithstanding any other provision 
of law, of the amount made available under this heading for 
research, development, test and evaluation, not less than $8,000,000 
shall be available for HIV prevention educational activities under-
taken in connection with U.S. military training, exercises, and 
humanitarian assistance activities conducted primarily in African 
nations. 
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121 STAT. 1311 
PUBLIC LAW 110–116—NOV. 13, 2007 
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE 
For expenses, not otherwise provided for, necessary for the 
destruction of the United States stockpile of lethal chemical agents 
and munitions, to include construction of facilities, 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 warfare materials that are not in the chemical 
weapon stockpile, $1,512,724,000, of which $1,181,500,000 shall 
be for operation and maintenance; $18,424,000 shall be for procure-
ment, 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 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 installations 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 Depart-
ment of Defense, for transfer to appropriations available to the 
Department of Defense for military personnel of the reserve compo-
nents serving under the provisions of title 10 and title 32, United 
States Code; for operation and maintenance; for procurement; and 
for research, development, test and evaluation, $984,779,000: Pro-
vided, 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 authority 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 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, 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 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 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, 
Reports. 
Deadline. 
Deadline. 
Plan. 
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121 STAT. 1312 
PUBLIC LAW 110–116—NOV. 13, 2007 
individual service requirements to counter the threats, the current 
strategy 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 Secretary of Defense may 
transfer funds provided herein to appropriations for operation and 
maintenance; procurement; research, development, test and evalua-
tion; and defense working capital funds to accomplish the purpose 
provided 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 addition to any other transfer 
authority available to the Department of Defense: Provided further, 
That the Secretary of Defense shall, not fewer than 5 days prior 
to making transfers from this appropriation, 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 Inspector Gen-
eral in carrying out the provisions of the Inspector General Act 
of 1978, as amended, $239,995,000, of which $238,995,000 shall 
be for operation and maintenance, of which not to exceed $700,000 
is available for 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 certificate 
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 Retirement 
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 Community Manage-
ment Account, $725,526,000: Provided, That of the funds appro-
priated under this heading, $39,000,000 shall be transferred to 
the Department of Justice for the National Drug Intelligence Center 
to support the Department of Defense’s counter-drug intelligence 
responsibilities, and of the said amount, $1,500,000 for procurement 
shall remain available until September 30, 2010 and $1,000,000 
for research, development, test and evaluation shall remain avail-
able until September 30, 2009: Provided further, That the National 
Drug Intelligence Center shall maintain the personnel and technical 
resources to provide timely support to law enforcement authorities 
and the intelligence community by conducting document and com-
puter exploitation of materials collected in Federal, State, and local 
Deadline. 
Notification. 
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121 STAT. 1313 
PUBLIC LAW 110–116—NOV. 13, 2007 
law enforcement activity associated with counter-drug, counter-ter-
rorism, 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 purposes not author-
ized by the Congress. 
SEC. 8002. During the current fiscal year, provisions of law 
prohibiting the payment of compensation to, or employment 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 indirect 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, 
United States Code, or at a rate in excess of the percentage increase 
provided by the appropriate host nation to its own employees, 
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 national employees of the Department of Defense 
in the Republic 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 appropriations 
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 Reserve Officers’ Training Corps. 
(TRANSFER OF FUNDS) 
SEC. 8005. Upon determination by the Secretary of Defense 
that such action is necessary in the national interest, he may, 
with the approval of the Office of Management and Budget, transfer 
not to exceed $3,700,000,000 of working capital funds of the Depart-
ment of Defense or funds made available in this Act to the Depart-
ment of Defense for military functions (except military construction) 
between 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 appropriation or fund to 
which transferred: Provided, That such authority to transfer may 
not be used unless for higher priority 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 denied by the Congress: Provided further, That the Sec-
retary 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 
Notification. 
Wages. 
10 USC 1584 
note. 
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121 STAT. 1314 
PUBLIC LAW 110–116—NOV. 13, 2007 
on Appropriations for reprogramming of funds, unless for higher 
priority items, based on unforeseen military requirements, than 
those for which originally appropriated and in no case where the 
item for which reprogramming 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 further, That trans-
fers among military personnel appropriations shall not be taken 
into 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 pursuant to section 1206 
of Public Law 109–163 (or any successor provision) unless the 
Secretary of Defense has notified the congressional defense commit-
tees prior to any such obligation. 
SEC. 8006. (a) Not later than 60 days after enactment of this 
Act, the Department of Defense shall submit a report to the congres-
sional defense committees to establish 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 separate column 
to display the President’s budget request, adjustments made 
by Congress, adjustments due to enacted rescissions, if appro-
priate, and the fiscal year enacted level; 
(2) a delineation in the table for each appropriation both 
by budget activity and program, project, and activity as detailed 
in the Budget Appendix; and 
(3) an identification of items of special congressional 
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. 
SEC. 8007. The Secretaries of the Air Force and the Army 
are authorized, using funds available under the headings ‘‘Operation 
and Maintenance, Air Force’’ and ‘‘Operation and Maintenance, 
Army’’, to complete facility conversions and phased repair projects 
in support of Red Flag Alaska exercises, which may include 
upgrades and additions to Alaskan range infrastructure and 
training areas, and improved access to these ranges. 
(TRANSFER OF FUNDS) 
SEC. 8008. During the current fiscal year, cash balances in 
working capital funds of the Department of Defense 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 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’’ 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 Secretary of Defense 
has notified the Congress of the proposed transfer. Except in 
Notification. 
Notification. 
Certification. 
Deadline. 
Reports. 
Notification. 
Deadline. 
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121 STAT. 1315 
PUBLIC LAW 110–116—NOV. 13, 2007 
amounts equal to the amounts appropriated to working capital 
funds in this Act, no obligations may be made against a working 
capital fund to procure or increase the value of war reserve material 
inventory, unless the Secretary of Defense has notified the Congress 
prior to any such obligation. 
SEC. 8009. Funds appropriated by this Act may not be used 
to initiate a special access program without prior notification 30 
calendar days in advance to the congressional defense committees. 
SEC. 8010. None of the funds provided in this Act shall be 
available to initiate: (1) a multiyear contract that employs economic 
order quantity procurement in excess of $20,000,000 in any 1 year 
of the contract or that includes an unfunded contingent liability 
in excess of $20,000,000; or (2) a contract for advance procurement 
leading to a multiyear contract that employs economic order 
quantity procurement in excess of $20,000,000 in any 1 year, unless 
the congressional defense committees have been notified at least 
30 days in advance of the proposed contract award: Provided, That 
no part of any appropriation contained in this Act shall be available 
to initiate a multiyear contract for which the economic order 
quantity advance procurement is not funded at least to the limits 
of the Government’s liability: Provided further, That no part of 
any appropriation contained in this Act shall be available to initiate 
multiyear procurement contracts for any systems or component 
thereof if the value of the multiyear contract would exceed 
$500,000,000 unless specifically provided in this Act: Provided fur-
ther, That no multiyear procurement contract can be terminated 
without 10-day prior notification to the congressional defense 
committees: Provided further, That the execution of multiyear 
authority shall require the use of a present value analysis to deter-
mine lowest cost compared to an annual procurement: Provided 
further, That none of the funds provided in this Act may be used 
for a multiyear contract executed after the date of the enactment 
of this Act unless in the case of any such contract— 
(1) the Secretary of Defense has submitted to Congress 
a budget request for full funding of units to be procured through 
the contract and, in the case of a contract for procurement 
of aircraft, that includes, for any aircraft unit to be procured 
through the contract for which procurement funds are requested 
in that budget request for production beyond advance procure-
ment activities in the fiscal year covered by the budget, full 
funding of procurement of such unit in that fiscal year; 
(2) cancellation provisions in the contract do not include 
consideration of recurring manufacturing costs of the contractor 
associated with the production of unfunded units to be delivered 
under the contract; 
(3) the contract provides that payments to the contractor 
under the contract shall not be made in advance of incurred 
costs on funded units; and 
(4) the contract does not provide for a price adjustment 
based on a failure to award a follow-on contract. 
Funds appropriated in title III of this Act may be used for 
a multiyear procurement contract as follows: 
Army CH–47 Chinook Helicopter; M1A2 Abrams System 
Enhancement Package upgrades; M2A3/M3A3 Bradley upgrades; 
and SSN Virginia Class Submarine. 
Contracts. 
Notification. 
Deadline. 
10 USC 2306b 
note. 
Notification. 
Deadline. 
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121 STAT. 1316 
PUBLIC LAW 110–116—NOV. 13, 2007 
SEC. 8011. Within the funds appropriated for the operation 
and maintenance of the Armed Forces, funds are hereby appro-
priated pursuant to section 401 of title 10, United States Code, 
for humanitarian and civic assistance costs under chapter 20 of 
title 10, United States Code. Such funds may also be obligated 
for humanitarian and civic assistance costs incidental to authorized 
operations and pursuant to authority granted in section 401 of 
chapter 20 of title 10, United States Code, and these obligations 
shall be reported as required by section 401(d) of title 10, United 
States Code: Provided, That funds available for operation and 
maintenance shall be available for providing humanitarian and 
similar assistance by using Civic Action Teams in the Trust Terri-
tories of the Pacific Islands and freely associated states of Micro-
nesia, pursuant to the Compact of Free Association as authorized 
by Public Law 99–239: Provided further, That upon a determination 
by the Secretary of the Army that such action is beneficial for 
graduate medical education programs conducted at Army medical 
facilities located in Hawaii, the Secretary of the Army may authorize 
the provision of medical services at such facilities and transpor-
tation to such facilities, on a nonreimbursable basis, for civilian 
patients from American Samoa, the Commonwealth of the Northern 
Mariana Islands, the Marshall Islands, the Federated States of 
Micronesia, Palau, and Guam. 
SEC. 8012. (a) During fiscal year 2008, the civilian personnel 
of the Department of Defense may not be managed on the basis 
of any end-strength, and the management of such personnel during 
that fiscal year shall not be subject to any constraint or limitation 
(known as an end-strength) on the number of such personnel who 
may be employed on the last day of such fiscal year. 
(b) The fiscal year 2009 budget request for the Department 
of Defense as well as all justification material and other documenta-
tion supporting the fiscal year 2009 Department of Defense budget 
request shall be prepared and submitted to the Congress as if 
subsections (a) and (b) of this provision were effective with regard 
to fiscal year 2009. 
(c) Nothing in this section shall be construed to apply to military 
(civilian) technicians. 
SEC. 8013. None of the funds made available by this Act shall 
be used in any way, directly or indirectly, to influence congressional 
action on any legislation or appropriation matters pending before 
the Congress. 
SEC. 8014. None of the funds appropriated by this Act shall 
be available for the basic pay and allowances of any member of 
the Army participating as a full-time student and receiving benefits 
paid by the Secretary of Veterans Affairs from the Department 
of Defense Education Benefits Fund when time spent as a full- 
time student is credited toward completion of a service commitment: 
Provided, That this section shall not apply to those members who 
have reenlisted with this option prior to October 1, 1987: Provided 
further, That this section applies only to active components of 
the Army. 
SEC. 8015. (a) None of the funds appropriated by this Act 
shall be available to convert to contractor performance an activity 
or function of the Department of Defense that, on or after the 
date of the enactment of this Act, is performed by more than 
10 Department of Defense civilian employees unless— 
Contracts. 
Outsourcing. 
Applicability. 
Humanitarian 
assistance. 
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121 STAT. 1317 
PUBLIC LAW 110–116—NOV. 13, 2007 
(1) the conversion is based on the result of a public-private 
competition that includes a most efficient and cost effective 
organization plan developed by such activity or function; 
(2) the Competitive Sourcing Official determines that, over 
all performance periods stated in the solicitation of offers for 
performance of the activity or function, the cost of performance 
of the activity or function by a contractor would be less costly 
to the Department of Defense by an amount that equals or 
exceeds the lesser of— 
(A) 10 percent of the most efficient organization’s per-
sonnel-related costs for performance of that activity or func-
tion by Federal employees; or 
(B) $10,000,000; and 
(3) the contractor does not receive an advantage for a 
proposal that would reduce costs for the Department of Defense 
by— 
(A) not making an employer-sponsored health insur-
ance plan available to the workers who are to be employed 
in the performance of that activity or function under the 
contract; or 
(B) offering to such workers an employer-sponsored 
health benefits plan that requires the employer to con-
tribute less towards the premium or subscription share 
than the amount that is paid by the Department of Defense 
for health benefits for civilian employees under chapter 
89 of title 5, United States Code. 
(b)(1) The Department of Defense, without regard to subsection 
(a) of this section or subsection (a), (b), or (c) of section 2461 
of title 10, United States Code, and notwithstanding any adminis-
trative regulation, requirement, or policy to the contrary shall have 
full authority to enter into a contract for the performance of any 
commercial or industrial type function of the Department of Defense 
that— 
(A) is included on the procurement list established pursuant 
to section 2 of the Javits-Wagner-O’Day Act (41 U.S.C. 47); 
(B) is planned to be converted to performance by a qualified 
nonprofit agency for the blind or by a qualified nonprofit agency 
for other severely handicapped individuals in accordance with 
that Act; or 
(C) is planned to be converted to performance by a qualified 
firm under at least 51 percent ownership by an Indian tribe, 
as defined in section 4(e) of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 450b(e)), or a Native 
Hawaiian Organization, as defined in section 8(a)(15) of the 
Small Business Act (15 U.S.C. 637(a)(15)). 
(2) This section shall not apply to depot contracts or contracts 
for depot maintenance as provided in sections 2469 and 2474 of 
title 10, United States Code. 
(c) The conversion of any activity or function of the Department 
of Defense under the authority provided by this section shall be 
credited toward any competitive or outsourcing goal, target, or 
measurement that may be established by statute, regulation, or 
policy and is deemed to be awarded under the authority of, and 
in compliance with, subsection (h) of section 2304 of title 10, United 
States Code, for the competition or outsourcing of commercial activi-
ties. 
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121 STAT. 1318 
PUBLIC LAW 110–116—NOV. 13, 2007 
(TRANSFER OF FUNDS) 
SEC. 8016. Funds appropriated in title III of this Act for the 
Department of Defense Pilot Mentor-Protege Program may be trans-
ferred to any other appropriation contained in this Act solely for 
the purpose of implementing a Mentor-Protege Program develop-
mental assistance agreement pursuant to section 831 of the 
National Defense Authorization Act for Fiscal Year 1991 (Public 
Law 101–510; 10 U.S.C. 2302 note), as amended, under the 
authority of this provision or any other transfer authority contained 
in this Act. 
SEC. 8017. None of the funds in this Act may be available 
for the purchase by the Department of Defense (and its departments 
and agencies) of welded shipboard anchor and mooring chain 4 
inches in diameter and under unless the anchor and mooring chain 
are manufactured in the United States from components which 
are substantially manufactured in the United States: Provided, 
That for the purpose of this section manufactured will include 
cutting, heat treating, quality control, testing of chain and welding 
(including the forging and shot blasting process): Provided further, 
That for the purpose of this section substantially all of the compo-
nents of anchor and mooring chain shall be considered to be pro-
duced or manufactured in the United States if the aggregate cost 
of the components produced or manufactured in the United States 
exceeds the aggregate cost of the components produced or manufac-
tured outside the United States: Provided further, That when ade-
quate domestic supplies are not available to meet Department of 
Defense requirements on a timely basis, the Secretary of the service 
responsible for the procurement may waive this restriction on a 
case-by-case basis by certifying in writing to the Committees on 
Appropriations that such an acquisition must be made in order 
to acquire capability for national security purposes. 
SEC. 8018. None of the funds available to the Department 
of Defense may be used to demilitarize or dispose of M–1 Carbines, 
M–1 Garand rifles, M–14 rifles, .22 caliber rifles, .30 caliber rifles, 
or M–1911 pistols. 
SEC. 8019. No more than $500,000 of the funds appropriated 
or made available in this Act shall be used during a single fiscal 
year for any single relocation of an organization, unit, activity 
or function of the Department of Defense into or within the National 
Capital Region: Provided, That the Secretary of Defense may waive 
this restriction on a case-by-case basis by certifying in writing 
to the congressional defense committees that such a relocation 
is required in the best interest of the Government. 
SEC. 8020. In addition to the funds provided elsewhere in 
this Act, $15,000,000 is appropriated only for incentive payments 
authorized by section 504 of the Indian Financing Act of 1974 
(25 U.S.C. 1544): Provided, That a prime contractor or a subcon-
tractor at any tier that makes a subcontract award to any subcon-
tractor or supplier as defined in section 1544 of title 25, United 
States Code, or a small business owned and controlled by an indi-
vidual or individuals defined under section 4221(9) of title 25, 
United States Code, shall be considered a contractor for the pur-
poses of being allowed additional compensation under section 504 
of the Indian Financing Act of 1974 (25 U.S.C. 1544) whenever 
the prime contract or subcontract amount is over $500,000 and 
involves the expenditure of funds appropriated by an Act making 
Contracts. 
Waiver authority. 
Certification. 
Ammunition. 
Certification. 
Vessels. 
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121 STAT. 1319 
PUBLIC LAW 110–116—NOV. 13, 2007 
Appropriations for the Department of Defense with respect to any 
fiscal year: Provided further, That notwithstanding section 430 of 
title 41, United States Code, this section shall be applicable to 
any Department of Defense acquisition of supplies or services, 
including any contract and any subcontract at any tier for acquisi-
tion of commercial items produced or manufactured, in whole or 
in part by any subcontractor or supplier defined in section 1544 
of title 25, United States Code, or a small business owned and 
controlled by an individual or individuals defined under section 
4221(9) of title 25, United States Code. 
SEC. 8021. None of the funds appropriated by this Act shall 
be available to perform any cost study pursuant to the provisions 
of OMB Circular A–76 if the study being performed exceeds a 
period of 24 months after initiation of such study with respect 
to a single function activity or 30 months after initiation of such 
study for a multi-function activity. 
SEC. 8022. Funds appropriated by this Act for the American 
Forces Information Service shall not be used for any national or 
international political or psychological activities. 
SEC. 8023. During the current fiscal year, the Department 
of Defense is authorized to incur obligations of not to exceed 
$350,000,000 for purposes specified in section 2350j(c) of title 10, 
United States Code, in anticipation of receipt of contributions, only 
from the Government of Kuwait, under that section: Provided, 
That upon receipt, such contributions from the Government of 
Kuwait shall be credited to the appropriations or fund which 
incurred such obligations. 
SEC. 8024. (a) Of the funds made available in this Act, not 
less than $33,705,000 shall be available for the Civil Air Patrol 
Corporation, of which— 
(1) $26,553,000 shall be available from ‘‘Operation 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) $6,277,000 shall be available from ‘‘Aircraft Procure-
ment, 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 reimbursement 
for any funds used by the Civil Air Patrol for counter-drug activities 
in support of Federal, State, and local government agencies. 
SEC. 8025. (a) None of the funds appropriated in this Act 
are available to establish a new Department of Defense (depart-
ment) federally funded research and development center (FFRDC), 
either as a new entity, or as a separate entity administrated by 
an organization managing another FFRDC, or as a nonprofit mem-
bership corporation consisting of a consortium of other FFRDCs 
and other non-profit entities. 
(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 compensated for his or her services as a member 
of such entity, 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 Federal Joint Travel 
Kuwait. 
Applicability. 
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121 STAT. 1320 
PUBLIC LAW 110–116—NOV. 13, 2007 
Regulations, when engaged in the performance 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 construction of new buildings, for 
payment of cost sharing for projects funded by Government grants, 
for absorption of contract overruns, or for certain charitable con-
tributions, 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: Provided, That of the specific amount referred 
to previously in this subsection, not more than 1,060 staff years 
may be funded for the defense studies and analysis FFRDCs: Pro-
vided further, 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 submission 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 
and the associated budget estimates. 
(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. 8026. 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 facility 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 restrictions 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 Representa-
tives and the Senate that adequate domestic supplies are not avail-
able 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: Provided further, 
That these restrictions shall not apply to contracts which are in 
being as of the date of the enactment of this Act. 
SEC. 8027. 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 Subcommittee on Defense of the Committee on Appro-
priations of the Senate, and the Subcommittee on Defense of the 
Committee on Appropriations of the House of Representatives. 
SEC. 8028. During the current fiscal year, the Department 
of Defense may acquire the modification, depot maintenance and 
repair of aircraft, vehicles and vessels as well as the production 
of components and other Defense-related articles, through competi-
tion between Department of Defense depot maintenance activities 
and private firms: Provided, That the Senior Acquisition Executive 
10 USC 101 note. 
Waiver authority. 
Certification. 
Applicability. 
Reports. 
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121 STAT. 1321 
PUBLIC LAW 110–116—NOV. 13, 2007 
of the military department or Defense Agency concerned, with power 
of delegation, shall certify that successful bids include comparable 
estimates of all direct and indirect costs for both public and private 
bids: Provided further, That Office of Management and Budget 
Circular A–76 shall not apply to competitions conducted under 
this section. 
SEC. 8029. (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 para-
graph (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 American 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 understanding, between the 
United States and a foreign country pursuant to which the Secretary 
of Defense has prospectively waived the Buy American Act for 
certain products in that country. 
(b) The Secretary of Defense shall submit to the Congress 
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 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. 8030. Notwithstanding any other provision of law, funds 
available during the current fiscal year and hereafter for ‘‘Drug 
Interdiction and Counter-Drug Activities, Defense’’ may be obligated 
for the Young Marines program. 
SEC. 8031. During the current fiscal year, amounts contained 
in the Department of Defense Overseas Military Facility Investment 
Recovery Account established by section 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. 8032. (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 tribes located in the States 
of North Dakota, South Dakota, Montana, and Minnesota 
relocatable military housing 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 subsection (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. 
Housing. 
Native 
Americans. 
State listing. 
10 USC 374 note. 
Reports. 
41 USC 10b–2 
note. 
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121 STAT. 1322 
PUBLIC LAW 110–116—NOV. 13, 2007 
(c) The Operation Walking Shield Program shall resolve any 
conflicts among requests of Indian tribes for housing units under 
subsection (a) before submitting requests 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. 8033. During the current fiscal year, appropriations which 
are available to the Department of Defense for operation and 
maintenance may be used to purchase items having an investment 
item unit cost of not more than $250,000. 
SEC. 8034. (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 invest-
ment item for the purpose of acquiring a new inventory item for 
sale or anticipated sale during the current fiscal year or a subse-
quent fiscal year to customers of the Department of Defense 
Working Capital Funds if such an item would not have been charge-
able 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 Department 
of Defense as well as all justification material and other documenta-
tion supporting the fiscal year 2009 Department of Defense budget 
shall be prepared and submitted to the Congress on the basis 
that any equipment which was classified as an end item and funded 
in a procurement appropriation contained in this Act shall be budg-
eted 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. 8035. 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 appro-
priated for the Reserve for Contingencies, which shall remain avail-
able until September 30, 2009: Provided, That funds appropriated, 
transferred, or otherwise credited to the Central Intelligence 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 Intelligence Agency for advanced research and develop-
ment acquisition, 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 remain available until 
September 30, 2009. 
SEC. 8036. Notwithstanding any other provision of law, funds 
made available in this Act for the Defense Intelligence Agency 
may be used for the design, development, and deployment of Gen-
eral Defense Intelligence Program intelligence communications and 
intelligence information systems for the Services, the Unified and 
Specified Commands, and the component commands. 
SEC. 8037. Of the funds made available in this Act under 
the heading ‘‘Defense Production Act Purchases’’, not less than 
$18,400,000 shall be made available for the competitive, domestic 
50 USC 503u 
note. 
Budget. 
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121 STAT. 1323 
PUBLIC LAW 110–116—NOV. 13, 2007 
expansion of essential vacuum induction melting furnace capacity 
and vacuum arc remelting furnace capacity for military aerospace 
and other defense applications: Provided, That the facility must 
be owned and operated by an approved supplier to the military 
departments and to defense industry original equipment manufac-
turers. 
SEC. 8038. Of the funds appropriated to the Department of 
Defense under the heading ‘‘Operation and Maintenance, Defense- 
Wide’’, not less than $10,000,000 shall be made available only 
for the mitigation of environmental impacts, including training 
and technical assistance to tribes, related administrative support, 
the gathering of information, documenting of environmental dam-
age, and developing a system for prioritization of mitigation and 
cost to complete estimates for mitigation, on Indian lands resulting 
from Department of Defense activities. 
SEC. 8039. (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, complies 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 
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 person 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, whether the person should be debarred from con-
tracting with the Department of Defense. 
(c) In the case of any equipment or products purchased with 
appropriations provided under this Act, it is the sense of the Con-
gress that any entity of the Department 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. 8040. None of the funds appropriated by this Act shall 
be available for a contract for studies, analysis, or consulting serv-
ices entered into without competition on the basis of an unsolicited 
proposal unless the head of the activity responsible for the procure-
ment determines— 
(1) as a result of thorough technical evaluation, only one 
source is found fully qualified to perform the proposed work; 
(2) the purpose of the contract is to explore an unsolicited 
proposal which offers significant scientific or technological 
promise, represents the product of original thinking, and was 
submitted in confidence by one source; or 
(3) the purpose of the contract is to take advantage of 
unique and significant industrial accomplishment by a specific 
concern, or to insure that a new product or idea of a specific 
concern is given financial support: Provided, That this limita-
tion shall not apply to contracts in an amount of less than 
$25,000, contracts related to improvements of equipment that 
is in development or production, or contracts as to which a 
civilian official of the Department of Defense, who has been 
Contracts. 
Labeling. 
Fraud. 
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121 STAT. 1324 
PUBLIC LAW 110–116—NOV. 13, 2007 
confirmed by the Senate, determines that the award of such 
contract is in the interest of the national defense. 
SEC. 8041. (a) Except as provided in subsections (b) and (c), 
none of the funds made available by this Act may be used— 
(1) to establish a field operating agency; or 
(2) to pay the basic pay of a member of the Armed Forces 
or civilian employee of the department who is transferred or 
reassigned from a headquarters activity if the member or 
employee’s place of duty remains at the location of that head-
quarters. 
(b) The Secretary of Defense or Secretary of a military depart-
ment may waive the limitations in subsection (a), on a case-by- 
case basis, if the Secretary determines, and certifies to the Commit-
tees on Appropriations of the House of Representatives and Senate 
that the granting of the waiver will reduce the personnel require-
ments 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 improvised explosive devices, 
and, as determined by the Secretary of the Army, other similar 
threats. 
SEC. 8042. The Secretary of Defense, notwithstanding any other 
provision of law, acting through the Office of Economic Adjustment 
of the Department of Defense, 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 
accordance with the guidance provided in the Joint Explanatory 
Statement of the Committee of Conference to accompany the con-
ference report accompanying this Act. 
(RESCISSIONS) 
SEC. 8043. Of the funds appropriated in Department of Defense 
Appropriations Acts, the following funds are hereby rescinded from 
the following accounts and programs in the specified amounts: 
Procurement, Marine Corps, 2006/2008, $15,000,000; 
Aircraft Procurement, Air Force, 2006/2008, $25,786,000; 
Procurement of Weapons and Tracked Combat Vehicles, 
Army, 2007/2009, $2,600,000; 
Shipbuilding 
and 
Conversion, 
Navy, 
2007/2011, 
$81,000,000; 
Aircraft Procurement, Air Force, 2007/2009, $51,000,000; 
Procurement, Defense-Wide, 2007/2009, $15,913,000; 
Research, Development, Test and Evaluation, Army, 2007/ 
2008, $13,300,000; 
Research, Development, Test and Evaluation, Navy, 2007/ 
2008, $24,000,000; 
Research, Development, Test and Evaluation, Air Force, 
2007/2008, $167,000,000; 
Research, Development, Test and Evaluation, Defense- 
Wide, 2007/2008, $144,000,000. 
SEC. 8044. None of the funds available in this Act may be 
used to reduce the authorized positions for military (civilian) techni-
cians of the Army National Guard, Air National Guard, Army 
Reserve and Air Force Reserve for the purpose of applying any 
Waiver authority. 
Certification. 
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121 STAT. 1325 
PUBLIC LAW 110–116—NOV. 13, 2007 
administratively imposed civilian personnel ceiling, freeze, or reduc-
tion on military (civilian) technicians, unless such reductions are 
a direct result of a reduction in military force structure. 
SEC. 8045. None of the funds appropriated or otherwise made 
available in this Act may be obligated or expended for assistance 
to the Democratic People’s Republic of Korea unless specifically 
appropriated for that purpose. 
SEC. 8046. Funds appropriated in this Act for operation and 
maintenance of the Military Departments, Combatant 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 counterintelligence support to Combatant Commands, Defense 
Agencies and Joint Intelligence Activities, including the activities 
and programs included within the National Intelligence 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. 8047. 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 assigned to military treatment facili-
ties below the September 30, 2003, level: Provided, That the Service 
Surgeons General may waive this section by certifying to the 
congressional defense committees that the beneficiary population 
is declining in some catchment areas and civilian strength reduc-
tions may be consistent with responsible resource stewardship and 
capitation-based budgeting. 
SEC. 8048. (a) None of the funds available to the Department 
of Defense for any fiscal year for drug interdiction or counter- 
drug activities may be transferred to any other department or 
agency of the United States except as specifically provided in an 
appropriations law. 
(b) None of the funds available to the Central Intelligence 
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 appropria-
tions 
SEC. 8049. 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: Pro-
vided, That the Secretary of the military department responsible 
for such procurement may waive this restriction on a case-by- 
case basis by certifying in writing to the Committees on Appropria-
tions 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: Provided further, 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. 8050. None of the funds in this Act may be used to 
purchase any supercomputer which is not manufactured in the 
United States, unless the Secretary of Defense certifies to the 
congressional defense committees that such an acquisition must 
Certification. 
Applicability. 
Waiver authority. 
Certification. 
50 USC 403f 
note. 
10 USC 374 note. 
Waiver authority. 
Certification. 
North Korea. 
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121 STAT. 1326 
PUBLIC LAW 110–116—NOV. 13, 2007 
be made in order to acquire capability for national security purposes 
that is not available from United States manufacturers. 
SEC. 8051. 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 approves or implements the 
transfer of administrative responsibilities 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 
without the express authorization of 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. 
SEC. 8052. (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-enforcement 
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-enforce-
ment, 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. 
(3) In the case of a proposed transfer of equipment or 
supplies— 
(A) a statement of whether the inventory requirements 
of all elements of the Armed Forces (including the reserve 
components) for the type of equipment or supplies to be 
transferred have been met; and 
(B) a statement of whether the items proposed to be 
transferred will have to be replaced and, if so, how the 
President proposes to provide funds for such replacement. 
SEC. 8053. None of the funds available to the Department 
of Defense under this Act shall be obligated or expended to pay 
a contractor under a contract with the Department of Defense 
for costs of any amount paid by the contractor to an employee 
when— 
(1) such costs are for a bonus or otherwise in excess of 
the normal salary paid by the contractor to the employee; 
and 
(2) such bonus is part of restructuring costs associated 
with a business combination. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8054. During the current fiscal year, no more than 
$30,000,000 of appropriations made in this Act under the heading 
‘‘Operation and Maintenance, Defense-Wide’’ may be transferred 
Applicability. 
Notification. 
Deadline. 
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121 STAT. 1327 
PUBLIC LAW 110–116—NOV. 13, 2007 
to appropriations available for the pay of military personnel, to 
be merged with, and to be available for the same time period 
as the appropriations to which transferred, to be used in support 
of such personnel in connection with support and services for eligible 
organizations and activities outside the Department of Defense 
pursuant to section 2012 of title 10, United States Code. 
SEC. 8055. During the current fiscal year, in the case of an 
appropriation account of the Department of Defense for which the 
period of availability for obligation has expired or which has closed 
under the provisions of section 1552 of title 31, United States 
Code, and which has a negative unliquidated or unexpended bal-
ance, an obligation or an adjustment of an obligation may be 
charged to any current appropriation account for the same purpose 
as the expired or closed account if— 
(1) the obligation would have been properly chargeable 
(except as to amount) to the expired or closed account before 
the end of the period of availability or closing of that account; 
(2) the obligation is not otherwise properly chargeable to 
any current appropriation account of the Department of 
Defense; and 
(3) in the case of an expired account, the obligation is 
not chargeable to a current appropriation of the Department 
of Defense under the provisions of section 1405(b)(8) of the 
National Defense Authorization Act for Fiscal Year 1991, Public 
Law 101–510, as amended (31 U.S.C. 1551 note): Provided, 
That in the case of an expired account, if subsequent review 
or investigation discloses that there was not in fact a negative 
unliquidated or unexpended balance in the account, any charge 
to a current account under the authority of this section shall 
be reversed and recorded against the expired account: Provided 
further, That the total amount charged to a current appropria-
tion under this section may not exceed an amount equal to 
one percent of the total appropriation for that account. 
SEC. 8056. (a) Notwithstanding any other provision of law, 
the Chief of the National Guard Bureau may permit the use of 
equipment of the National Guard Distance Learning Project by 
any person or entity on a space-available, reimbursable basis. The 
Chief of the National Guard Bureau shall establish the amount 
of reimbursement for such use on a case-by-case basis. 
(b) Amounts collected under subsection (a) shall be credited 
to funds available for the National Guard Distance Learning Project 
and be available to defray the costs associated with the use of 
equipment of the project under that subsection. Such funds shall 
be available for such purposes without fiscal year limitation. 
SEC. 8057. 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 Republic 
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 municipal district heat to the United 
States Defense installations: Provided further, That at Landstuhl 
Army Regional Medical Center and Ramstein Air Base, furnished 
heat may be obtained from private, regional or municipal services, 
if provisions are included for the consideration of United States 
coal as an energy source. 
Germany. 
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121 STAT. 1328 
PUBLIC LAW 110–116—NOV. 13, 2007 
SEC. 8058. None of the funds appropriated in title IV of this 
Act may be used to procure end-items for delivery to military 
forces for operational training, operational use or inventory require-
ments: Provided, That this restriction 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 
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. 8059. 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 equip-
ment, on a nonreimbursable basis, to American Samoa, and funds 
available to the Department 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. 8060. 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. 8061. (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 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 country. 
(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 application of a waiver granted under subsection 
(a). 
(c) Subsection (a) does not apply to a limitation regarding 
construction of public vessels, ball and roller bearings, 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. 8062. (a) None of the funds made available by this Act 
may be used to support any training program involving a unit 
of the security forces of a foreign country if the Secretary of Defense 
has received credible information from the Department of State 
that the unit has committed a gross violation of human rights, 
unless all necessary 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 
Human rights. 
Applicability. 
Waiver authority. 
American Samoa. 
Native 
Americans. 
Waiver authority. 
Certification. 
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121 STAT. 1329 
PUBLIC LAW 110–116—NOV. 13, 2007 
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 Sec-
retary of State, may waive the prohibition in subsection (a) if 
he determines that such waiver is required by extraordinary cir-
cumstances. 
(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 extraor-
dinary circumstances, the purpose and duration of the training 
program, the United States forces and the foreign security forces 
involved in the training program, and the information relating 
to human rights violations that necessitates the waiver. 
SEC. 8063. 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 ships unless the main propul-
sion diesel engines and propulsors are manufactured in the United 
States by a domestically operated entity: Provided, That the Sec-
retary 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 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. 8064. None of the funds appropriated or otherwise made 
available by this or other Department of Defense Appropriations 
Acts may be obligated or expended for the purpose of performing 
repairs or maintenance to military family housing units of the 
Department of Defense, including areas in such military family 
housing units that may be used for the purpose of conducting 
official Department of Defense business. 
SEC. 8065. Notwithstanding any other provision of law, funds 
appropriated in this Act under the heading ‘‘Research, Development, 
Test and Evaluation, Defense-Wide’’ for any new start advanced 
concept technology demonstration project or joint capability dem-
onstration project may only be obligated 30 days after a report, 
including a description of the project, the planned acquisition and 
transition strategy and its estimated annual and total cost, has 
been provided in writing to the congressional defense committees: 
Provided, That the Secretary of Defense may waive this restriction 
on a case-by-case basis by certifying to the congressional defense 
committees that it is in the national interest to do so. 
SEC. 8066. The Secretary of Defense shall provide a classified 
quarterly report beginning 30 days after enactment of this Act, 
to the House and Senate Appropriations Committees, Subcommit-
tees on Defense on certain matters as directed in the classified 
annex accompanying this Act. 
SEC. 8067. Beginning in the current fiscal year and hereafter, 
refunds attributable to the use of the Government travel card, 
refunds attributable to the use of the Government Purchase Card 
and refunds attributable to official Government travel arranged 
by Government Contracted 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. 
Effective date. 
10 USC 2784 
note. 
Reports. 
Confidential 
information. 
Deadline. 
Waiver authority. 
Certification. 
Reports. 
Waiver authority. 
Certification. 
Deadline. 
Reports. 
Waiver authority. 
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121 STAT. 1330 
PUBLIC LAW 110–116—NOV. 13, 2007 
SEC. 8068. (a) None of the funds appropriated in this Act 
may be used for a mission critical or mission essential financial 
management information technology system (including a system 
funded by the defense 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 financial management information tech-
nology system shall be considered a mission critical or mission 
essential information technology system as defined by the Under 
Secretary of Defense (Comptroller). 
(b)(1) During the current fiscal year, a financial management 
automated information system, a mixed information system sup-
porting financial and non-financial systems, or a system improve-
ment of more than $1,000,000 may not receive Milestone A approval, 
Milestone B approval, or full rate production, or their equivalent, 
within the Department of Defense until the Under Secretary of 
Defense (Comptroller) certifies, with respect to that milestone, that 
the system is being developed and managed in accordance with 
the Department’s Financial Management Modernization Plan. The 
Under Secretary of Defense (Comptroller) may require additional 
certifications, as appropriate, with respect to any such system. 
(2) The Chief Information Officer shall provide the congres-
sional defense committees timely notification of certifications under 
paragraph (1). 
(c)(1) During the current fiscal year, a major automated 
information system may not receive Milestone 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 additional certifications, as appropriate, with respect to 
any such system. 
(2) The Chief Information Officer shall provide the congres-
sional defense committees timely notification of certifications under 
paragraph (1). Each such notification shall include a statement 
confirming 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 Information Grid. 
(d) For purposes of this section: 
(1) The term ‘‘Chief Information Officer’’ means the senior 
official of the Department of Defense designated by the Sec-
retary of Defense pursuant to section 3506 of title 44, United 
States Code. 
(2) The term ‘‘information technology system’’ has the 
meaning given the term ‘‘information technology’’ in section 
5002 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401). 
SEC. 8069. During the current fiscal year, none of the funds 
available to the Department of Defense may be used to provide 
Notification. 
Notification. 
Certification. 
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121 STAT. 1331 
PUBLIC LAW 110–116—NOV. 13, 2007 
support to another department or agency of the United States 
if such department or agency is more than 90 days in arrears 
in making payment to the Department of Defense for goods or 
services previously provided to such department or agency on a 
reimbursable basis: Provided, That this restriction shall not apply 
if the department is authorized by law to provide support to such 
department or agency on a nonreimbursable basis, and is providing 
the requested support pursuant to such authority: Provided further, 
That the Secretary of Defense may waive this restriction on a 
case-by-case basis by certifying in writing to the Committees on 
Appropriations of the House of Representatives and the Senate 
that it is in the national security interest to do so. 
SEC. 8070. Notwithstanding section 12310(b) of title 10, United 
States Code, a Reserve who is a member of the National Guard 
serving on full-time National Guard duty under section 502(f) of 
title 32, United States Code, may perform duties in support of 
the ground-based elements of the National Ballistic Missile Defense 
System. 
SEC. 8071. None of the funds provided in this Act may be 
used to transfer to any nongovernmental entity ammunition held 
by the Department of Defense that has a center-fire cartridge 
and a United States military nomenclature designation of ‘‘armor 
penetrator’’, ‘‘armor piercing (AP)’’, ‘‘armor piercing incendiary 
(API)’’, or ‘‘armor-piercing incendiary-tracer (API–T)’’, except to an 
entity performing demilitarization services for the Department of 
Defense under a contract that requires the entity to demonstrate 
to the satisfaction of the Department of Defense that armor piercing 
projectiles are either: (1) rendered incapable of reuse by the demili-
tarization process; or (2) used to manufacture ammunition pursuant 
to a contract with the Department of Defense or the manufacture 
of ammunition for export pursuant to a License for Permanent 
Export of Unclassified Military Articles issued by the Department 
of State. 
SEC. 8072. Notwithstanding any other provision of law, the 
Chief of the National Guard Bureau, or his designee, may waive 
payment of all or part of the consideration that otherwise would 
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 
fraternal 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. 8073. None of the funds appropriated by this Act shall 
be used for the support of any nonappropriated funds activity 
of the Department of Defense that procures malt beverages and 
wine with nonappropriated funds for resale (including such alcoholic 
beverages sold by the drink) on a military installation located 
in the United States unless such malt beverages and wine are 
procured within that State, or in the case of the District of 
Columbia, within the District of Columbia, in which the military 
installation is located: Provided, That in a case in which the military 
installation is located in more than one State, purchases may be 
made in any State in which the installation is located: Provided 
further, That such local procurement requirements for malt bev-
erages and wine shall apply to all alcoholic beverages only for 
military installations in States which are not contiguous with 
Applicability. 
Alcohol and 
alcoholic 
beverages. 
Ammunition. 
Waiver authority. 
Certification. 
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121 STAT. 1332 
PUBLIC LAW 110–116—NOV. 13, 2007 
another State and Guam: Provided further, That alcoholic beverages 
other than wine and malt beverages, in contiguous States and 
the District of Columbia shall be procured from the most competitive 
source, price and other factors considered. 
SEC. 8074. Funds available to the Department of Defense for 
the Global Positioning System during the current fiscal year may 
be used to fund civil requirements associated with the satellite 
and ground control segments of such system’s modernization pro-
gram. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8075. Of the amounts appropriated in this Act under 
the heading ‘‘Operation and Maintenance, Army’’, $34,500,000 shall 
remain available until expended: Provided, That notwithstanding 
any other provision of law, the Secretary of Defense is authorized 
to transfer such funds to other activities of the Federal Government: 
Provided further, That the Secretary of Defense is authorized to 
enter into and carry out contracts for the acquisition of real prop-
erty, construction, personal services, and operations related to 
projects carrying out the purposes of this section: Provided further, 
That contracts entered into under the authority of this section 
may provide for such indemnification as the Secretary determines 
to be necessary: Provided further, That projects authorized by this 
section shall comply with applicable Federal, State, and local law 
to the maximum extent consistent with the national security, as 
determined by the Secretary of Defense. 
SEC. 8076. Section 8106 of the Department of Defense Appro-
priations Act, 1997 (titles I through VIII of the matter under 
subsection 101(b) of Public Law 104–208; 110 Stat. 3009–111; 10 
U.S.C. 113 note) shall continue in effect to apply to disbursements 
that are made by the Department of Defense in fiscal year 2008. 
SEC. 8077. In addition to amounts provided elsewhere in this 
Act, $10,000,000 is hereby appropriated to the Department of 
Defense, to remain available for obligation until expended: Provided, 
That notwithstanding any other provision of law, these funds shall 
be available only for a grant to the Fisher House Foundation, 
Inc., only for the construction and furnishing of additional Fisher 
Houses to meet the needs of military family members when con-
fronted with the illness or hospitalization of an eligible military 
beneficiary. 
SEC. 8078. The Secretary of the Air Force is authorized, using 
funds available under the heading ‘‘Operation and Maintenance, 
Air Force’’, to complete phased electrical infrastructure upgrades 
at Hickam Air Force Base. 
SEC. 8079. (a) The Secretary of Defense, in coordination with 
the Secretary of Health and Human Services, may carry out a 
program to distribute surplus dental and medical equipment of 
the Department of Defense, at no cost to the Department of Defense, 
to Indian Health Service facilities and to federally-qualified health 
centers (within the meaning of section 1905(l)(2)(B) of the Social 
Security Act (42 U.S.C. 1396d(l)(2)(B))). 
(b) In carrying out this provision, the Secretary of Defense 
shall give the Indian Health Service a property disposal priority 
equal to the priority given to the Department of Defense and 
its twelve special screening programs in distribution of surplus 
dental and medical supplies and equipment. 
Government 
property. 
Native 
Americans. 
Grants. 
Applicability. 
10 USC 113 note. 
Contracts. 
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121 STAT. 1333 
PUBLIC LAW 110–116—NOV. 13, 2007 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8080. Of the amounts appropriated in this Act under 
the heading ‘‘Research, Development, Test and Evaluation, Defense- 
Wide’’, $155,572,000 shall be made available for the Arrow missile 
defense program: Provided, That of this amount, $37,383,000 shall 
be available for the purpose of producing Arrow missile components 
in the United States and Arrow missile components and missiles 
in Israel to meet Israel’s defense requirements, consistent with 
each nation’s laws, regulations and procedures, $20,000,000 shall 
be available for risk mitigation and preliminary design activities 
for an upper-tier component to the Israeli Missile Defense Architec-
ture, and $37,000,000 shall be available for the Short Range Bal-
listic Missile Defense (SRBMD) program: Provided further, That 
funds made available under this provision for production of missiles 
and missile components may be transferred to appropriations avail-
able 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 fur-
ther, 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. 8081. 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 appropriations in the amounts specified: Provided further, 
That the amounts transferred shall be merged with and be available 
for the same purposes as the appropriations to which transferred: 
To: 
Under the heading ‘‘Shipbuilding and Conversion, Navy, 2001/ 
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. 8082. None of the funds available to the Department 
of Defense may be obligated to modify command and control rela-
tionships to give Fleet Forces Command administrative and oper-
ational control of U.S. Navy forces assigned to the Pacific fleet: 
Provided, That the command and control relationships which 
existed on October 1, 2004, shall remain in force unless changes 
are specifically authorized in a subsequent Act. 
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121 STAT. 1334 
PUBLIC LAW 110–116—NOV. 13, 2007 
SEC. 8083. Notwithstanding any other provision of law or regu-
lation, the Secretary of Defense may exercise the provisions of 
section 7403(g) of title 38, United States Code, foroccupations listed 
in section 7403(a)(2) of title 38, United States Code, as well as 
the following: 
Pharmacists, Audiologists, Psychologists, Social Workers, 
Othotists/Prosthetists, 
Occupational 
Therapists, 
Physical 
Therapists, Rehabilitation Therapists, Respiratory Therapists, 
Speech Pathologists, Dietitian/Nutritionists, Industrial Hygien-
ists, Psychology Technicians, Social Service Assistants, Prac-
tical Nurses, Nursing Assistants, and Dental Hygienists: 
(A) The requirements of section 7403(g)(1)(A) of title 
38, United States Code, shall apply. 
(B) The limitations of section 7403(g)(1)(B) of title 38, 
United States Code, shall not apply. 
SEC. 8084. Funds appropriated by this Act, or made available 
by the transfer of funds in this Act, for intelligence activities are 
deemed to be specifically authorized by the Congress for purposes 
of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2008 until the enactment of the Intelligence 
Authorization Act for fiscal year 2008. 
SEC. 8085. None of the funds provided in this Act shall be 
available for obligation or expenditure through a reprogramming 
of funds that creates or initiates a new program, project, or activity 
unless such program, project, or activity must be undertaken imme-
diately in the interest of national security and only after written 
prior notification to the congressional defense committees. 
SEC. 8086. (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 ‘‘Operation and Maintenance, Army 
National Guard’’. Such amount shall be made available to the 
Secretary of the Army only to make a grant in the amount of 
$990,000 to the entity specified in subsection (b) to facilitate access 
by veterans to opportunities for skilled employment in the construc-
tion industry. 
(b) The entity referred to in subsection (a) is the Center for 
Military Recruitment, Assessment and Veterans Employment, a 
nonprofit labor-management co-operation 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. 8087. In addition to funds made available elsewhere in 
this Act, $5,500,000 is hereby appropriated and shall remain avail-
able until expended to provide assistance, by grant or otherwise 
(such as, but not limited to, the provision of funds for repairs, 
maintenance, construction, and/or for the purchase of information 
technology, text books, teaching resources), to public schools that 
have unusually high concentrations of special needs military 
dependents enrolled: Provided, That in selecting school systems 
to receive such assistance, special consideration shall be given to 
school systems in States that are considered overseas assignments, 
and all schools within these school systems shall be eligible for 
assistance: Provided further, That up to 2 percent of the total 
appropriated funds under this section shall be available to support 
the administration and execution of the funds or program and/ 
Grants. 
Notification. 
Applicability. 
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121 STAT. 1335 
PUBLIC LAW 110–116—NOV. 13, 2007 
or events that promote the purpose of this appropriation (e.g. pay-
ment of travel and per diem of school teachers attending conferences 
or a meeting that promotes the purpose of this appropriation and/ 
or consultant fees for on-site training of teachers, staff, or Joint 
Venture Education Forum (JVEF) Committee members): Provided 
further, That up to $2,000,000 shall be available for the Department 
of Defense to establish a non-profit trust fund to assist in the 
public-private funding of public school repair and maintenance 
projects, or provide directly to non-profit organizations who in 
return will use these monies to provide assistance in the form 
of repair, maintenance, or renovation to public school systems that 
have high concentrations of special needs military dependents and 
are located in States that are considered overseas assignments: 
Provided further, That to the extent a Federal agency provides 
this assistance, by contract, grant, or otherwise, it may accept 
and expend non-Federal funds in combination with these Federal 
funds to provide assistance for the authorized purpose, if the non- 
Federal entity requests such assistance and the non-Federal funds 
are provided on a reimbursable basis. 
SEC. 8088. The Department of Defense and the Department 
of the Army shall make future budgetary and programming plans 
to fully finance the Non-Line of Sight Future Force cannon (NLOS– 
C) and a compatible large caliber ammunition resupply capability 
for this system supported by the Future Combat Systems (FCS) 
Brigade Combat Team (BCT) in order to field this system in fiscal 
year 2010: Provided, That the Army shall develop the NLOS– 
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-production NLOS–C systems by the 
end of calendar year 2008. These systems shall be in addition 
to those systems necessary for developmental and operational 
testing: Provided further, That the Army shall ensure that budg-
etary and programmatic plans will provide for no fewer than seven 
Stryker Brigade Combat Teams. 
SEC. 8089. In addition to the amounts appropriated or otherwise 
made available elsewhere in this Act, $62,700,000 is hereby appro-
priated to the Department of Defense: Provided, That the Secretary 
of Defense shall make grants in the amounts specified as follows: 
$20,000,000 to the United Service Organizations; $20,000,000 to 
the Red Cross; $5,000,000 for the SOAR Virtual School District; 
$3,500,000 for Harnett County/Fort Bragg, North Carolina infra-
structure improvements; $2,000,000 to The Presidio Trust; 
$1,200,000 to the National Bureau of Asian Research; $4,800,000 
to the Jamaica Bay Unit of Gateway National Recreation Area; 
$5,000,000 to the Paralympics Military Program; and, $1,200,000 
to the Red Cross Consolidated Blood Services Facility. 
SEC. 8090. Up to $3,000,000 of the funds appropriated under 
the heading ‘‘Operation and Maintenance, Navy’’ in this Act for 
the Pacific Missile Range Facility may be made available to contract 
for the repair, maintenance, and operation of adjacent off-base 
water, drainage, and flood control systems, electrical upgrade to 
support additional missions critical to base operations, and support 
for a range footprint expansion to further guard against encroach-
ment. 
SEC. 8091. The budget of the President for fiscal year 2009 
submitted to the Congress pursuant to section 1105 of title 31, 
Federal budget. 
10 USC 221 note. 
Grants. 
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121 STAT. 1336 
PUBLIC LAW 110–116—NOV. 13, 2007 
United States Code, shall include separate budget justification docu-
ments for costs of United States Armed Forces’ participation in 
contingency operations for the Military Personnel accounts, the 
Operation and Maintenance accounts, and the Procurement 
accounts: Provided, That these documents shall include a descrip-
tion of the funding requested for each contingency operation, for 
each military service, to include all Active and Reserve components, 
and for each appropriations account: Provided further, That these 
documents shall include estimated costs for each element of expense 
or object class, a reconciliation of increases and decreases for each 
contingency operation, and programmatic data including, but not 
limited to, troop strength for each Active and Reserve component, 
and estimates of the major weapons systems deployed in support 
of each contingency: Provided further, That these documents shall 
include budget exhibits OP–5 and OP–32 (as defined in the Depart-
ment of Defense Financial Management Regulation) for all contin-
gency operations for the budget year and the two preceding fiscal 
years. 
SEC. 8092. None of the funds in this Act may be used for 
research, development, test, evaluation, procurement or deployment 
of nuclear armed interceptors of a missile defense system. 
SEC. 18093. None of the funds appropriated or made available 
in this Act shall be used to reduce or disestablish the operation 
of the 53rd Weather Reconnaissance Squadron of the Air Force 
Reserve, if such action would reduce the WC–130 Weather Recon-
naissance mission below the levels funded in this Act: Provided, 
That the Air Force shall allow the 53rd Weather Reconnaissance 
Squadron to perform other missions in support of national defense 
requirements during the non-hurricane season. 
SEC. 8094. None of the funds provided in this Act shall be 
available for integration of foreign intelligence information unless 
the information has been lawfully collected and processed during 
the conduct of authorized foreign intelligence activities: Provided, 
That information pertaining to United States persons shall only 
be handled in accordance with protections provided in the Fourth 
Amendment of the United States Constitution as implemented 
through Executive Order No. 12333. 
SEC. 8095. (a) At the time members of reserve components 
of the Armed Forces are called or ordered to active duty under 
section 12302(a) of title 10, United States Code, each member 
shall be notified in writing of the expected period during which 
the member will be mobilized. 
(b) The Secretary of Defense may waive the requirements of 
subsection (a) in any case in which the Secretary determines that 
it is necessary to do so to respond to a national security emergency 
or to meet dire operational requirements of the Armed Forces. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8096. The Secretary of Defense may transfer funds from 
any available Department of the Navy appropriation to any avail-
able Navy ship construction appropriation for the purpose of liqui-
dating necessary changes resulting from inflation, market fluctua-
tions, or rate adjustments for any ship construction program appro-
priated in law: Provided, That the Secretary may transfer not 
to exceed $100,000,000 under the authority provided by this section: 
Provided further, That the Secretary may not transfer any funds 
until 30 days after the proposed transfer has been reported to 
Effective date. 
Waiver authority. 
Notification. 
Deployment. 
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121 STAT. 1337 
PUBLIC LAW 110–116—NOV. 13, 2007 
the Committees on Appropriations of the House of Representatives 
and the Senate, unless a response from the Committees is received 
sooner: Provided further, That the transfer authority provided by 
this section is in addition to any other transfer authority contained 
elsewhere in this Act. 
SEC. 8097. (a) The total amount appropriated or otherwise 
made available in titles II, III and IV of this Act is hereby reduced 
by $506,900,000 for contractor efficiencies. 
(b) The Secretary of Defense shall allocate this reduction propor-
tionately to each budget activity, activity group, subactivity group, 
and each program, project, and activity within each applicable 
appropriation account. 
SEC. 8098. For purposes of section 612 of title 41, United 
States Code, any subdivision of appropriations made under the 
heading ‘‘Shipbuilding and Conversion, Navy’’ that is not closed 
at the time reimbursement is made shall be available to reimburse 
the Judgment Fund and shall be considered for the same purposes 
as any subdivision under the heading ‘‘Shipbuilding and Conversion, 
Navy’’ appropriations in the current fiscal year or any prior fiscal 
year. 
SEC. 8099. 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 the Secretary, participates in 
Operation Enduring Freedom or Operation Iraqi Freedom, along 
with other recognition items in conjunction with any week-long 
national observation and day of national celebration, if established 
by Presidential proclamation, for any such members returning from 
such operations. 
SEC. 8100. (a) None of the funds appropriated by this Act 
may be used to transfer research and development, acquisition, 
or other program authority relating to current tactical unmanned 
aerial vehicles (TUAVs) from the Army. 
(b) The Army shall retain responsibility for and operational 
control of the Extended Range Multi-Purpose (ERMP) Unmanned 
Aerial Vehicle (UAV) in order to support the Secretary of Defense 
in matters relating to the employment of unmanned aerial vehicles. 
SEC. 8101. Of the funds provided in this Act, $10,000,000 
shall be available for the operations and development of training 
and technology for the Joint Interagency Training and Education 
Center and the affiliated Center for National Response at the 
Memorial Tunnel and for providing homeland defense/security and 
traditional warfighting training to the Department of Defense, other 
Federal agency, and State and local first responder personnel at 
the Joint Interagency Training and Education Center. 
SEC. 8102. The authority to conduct a continuing cooperative 
program in the proviso in title II of Public Law 102–368 under 
the heading ‘‘Research, Development, Test and Evaluation, Defense 
Agencies’’ (106 Stat. 1121) shall be extended through September 
30, 2009, in cooperation with NELHA. 
SEC. 8103. Up to $12,000,000 of the funds appropriated under 
the heading, ‘‘Operation and Maintenance, Navy’’ may be made 
available for the Asia Pacific Regional Initiative Program for the 
purpose of enabling the Pacific Command to execute Theater Secu-
rity Cooperation activities such as humanitarian assistance, and 
Extension date. 
10 USC note 
prec. 1121. 
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121 STAT. 1338 
PUBLIC LAW 110–116—NOV. 13, 2007 
payment of incremental and personnel costs of training and exer-
cising with foreign security forces: Provided, That funds made avail-
able for this purpose may be used, notwithstanding any other 
funding authorities for humanitarian assistance, security assistance 
or combined exercise expenses: Provided further, That funds may 
not be obligated to provide assistance to any foreign country that 
is otherwise prohibited from receiving such type of assistance under 
any other provision of law. 
SEC. 8104. Notwithstanding any other provision of this Act, 
to reflect savings from revised economic assumptions, the total 
amount appropriated in title II of this Act is hereby reduced by 
$470,000,000, the total amount appropriated in title III of this 
Act is hereby reduced by $506,000,000, the total amount appro-
priated in title IV of this Act is hereby reduced by $367,000,000, 
and the total amount appropriated in title V of this Act is hereby 
reduced by $10,000,000: Provided, That the Secretary of Defense 
shall allocate this reduction proportionally to each budget activity, 
activity group, subactivity group, and each program, project, and 
activity, within each appropriation account. 
SEC. 8105. 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 received when a patient is referred to a 
provider of inpatient mental health care or residential treatment 
care by a medical or health care professional having an economic 
interest in the facility to which the patient is referred: Provided, 
That this limitation does not apply in the case of inpatient mental 
health services provided under the program for persons with disabil-
ities under subsection (d) of section 1079 of title 10, United States 
Code, provided as partial hospital care, or provided pursuant to 
a waiver authorized by the Secretary of Defense because of medical 
or psychological circumstances of the patient that are confirmed 
by a health professional who is not a Federal employee after a 
review, pursuant to rules prescribed by the Secretary, which takes 
into account the appropriate level of care for the patient, the inten-
sity of services required by the patient, and the availability of 
that care. 
SEC. 8106. Notwithstanding any other provision of law or regu-
lation, the Secretary of Defense may adjust wage rates for civilian 
employees hired for certain health care occupations as authorized 
for the Secretary of Veterans Affairs by section 7455 of title 38, 
United States Code. 
SEC. 8107. Supervision and administration costs associated with 
a construction project funded with appropriations available for oper-
ation and maintenance, Afghanistan Security Forces Fund, or Iraq 
Security Forces Fund, and executed in direct support of the Global 
War on Terrorism only in Iraq and Afghanistan, may be obligated 
at the time a construction contract is awarded: Provided, That 
for the purpose of this section, supervision and administration 
costs include all in-house Government costs. 
SEC. 8108. 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. 
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121 STAT. 1339 
PUBLIC LAW 110–116—NOV. 13, 2007 
SEC. 8109. For purposes of section 1553(b) of title 31, United 
States Code, any subdivision of appropriations made in this Act 
under the heading ‘‘Shipbuilding and Conversion, Navy’’ shall be 
considered to be for the same purpose as any subdivision under 
the heading ‘‘Shipbuilding and Conversion, Navy’’ appropriations 
in any prior fiscal year, and the one percent limitation shall apply 
to the total amount of the appropriation. 
SEC. 8110. Notwithstanding any other provision of law, that 
not more than 35 percent of funds provided in this Act for environ-
mental remediation may be obligated under indefinite delivery/ 
indefinite quantity contracts with a total contract value of 
$130,000,000 or higher. 
SEC. 8111. The Secretary of Defense shall create a major force 
program category for space for the Future Years Defense Program 
of the Department of Defense. The Secretary of Defense shall des-
ignate an official in the Office of the Secretary of Defense to provide 
overall supervision of the preparation and justification of program 
recommendations and budget proposals to be included in such major 
force program category. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8112. In addition to funds made available elsewhere in 
this Act, there is hereby appropriated $150,000,000, to remain 
available until transferred: Provided, That these funds are appro-
priated to the ‘‘Tanker Replacement Transfer Fund’’ (referred to 
as ‘‘the Fund’’ elsewhere in this section): Provided further, That 
the Secretary 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 addition to 
any other transfer authority available to the Department 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, notify 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 commit-
tees summarizing the details of the transfer of funds from this 
appropriation. 
SEC. 8113. None of the funds appropriated or otherwise made 
available by this or any other Act shall be obligated 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. 8114. 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. 
Reports. 
Deadline. 
Deadline. 
Notification. 
Designation. 
10 USC 221 note. 
Applicability. 
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121 STAT. 1340 
PUBLIC LAW 110–116—NOV. 13, 2007 
(2) Section 2242 of the Foreign Affairs Reform and Restruc-
turing Act of 1998 (division G of Public 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 Federal 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 Hurri-
canes in the Gulf of Mexico, and Pandemic Influenza Act, 
2006 (Public Law 109–148). 
SEC. 8115. Notwithstanding any other provision of law, none 
of the funds made available in this Act may be used to pay nego-
tiated indirect cost rates on a contract, grant, or cooperative agree-
ment (or similar arrangement) entered into by the Department 
of Defense and an entity in excess of 35 percent of the total 
cost of the contract, grant, or agreement (or similar arrangement): 
Provided, That this limitation shall apply only to contracts, grants, 
or cooperative agreements entered into after the date of the enact-
ment of this Act using funds made available in this Act for fiscal 
year 2008 for basic research. 
SEC. 8116. Any request for funds for a fiscal year after fiscal 
year 2008 for an ongoing military operation overseas, including 
operations in Afghanistan and Iraq, 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. 8117. None of the funds appropriated or otherwise made 
available by this Act may be obligated or expended 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. 8118. From amounts appropriated in this or previous 
Acts making appropriations for the Department of Defense which 
remain available for obligation, up to $20,000,000 may be trans-
ferred by the Secretary of the Navy to the Secretary of the Depart-
ment of the Interior for any expenses associated with the construc-
tion of the USS ARIZONA Memorial Museum and Visitors Center. 
SEC. 8119. (a) Notwithstanding any other provision of law, 
the Department of Defense shall complete work on the destruction 
of the United States stockpile of lethal chemical agents and muni-
tions, including those stored at Blue Grass Army Depot, Kentucky, 
and Pueblo Chemical Depot, Colorado, by the deadline established 
by the Chemical Weapons Convention, and in no circumstances 
later than December 31, 2017. 
(b) REPORT.— 
(1) Not later than December 31, 2007, and every 180 days 
thereafter, the Secretary of Defense shall submit to the parties 
described in paragraph (2) a report on the progress of the 
Department of Defense toward compliance with this section. 
(2) The parties referred to in paragraph (1) are the Speaker 
of the House of Representatives, the Majority and Minority 
Leaders of the House of Representatives, the Majority and 
Minority Leaders of the Senate, and the congressional defense 
committees. 
(3) Each report submitted under paragraph (1) shall include 
the updated and projected annual funding levels necessary 
to achieve full compliance with this section. The projected 
funding levels for each report shall include a detailed 
Chemical 
weapons. 
Deadline. 
50 USC 1521 
note. 
Afghanistan. 
Iraq. 
10 USC 221 note. 
Applicability. 
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121 STAT. 1341 
PUBLIC LAW 110–116—NOV. 13, 2007 
accounting of the complete life-cycle costs for each of the chem-
ical disposal projects. 
(c) In this section, the term ‘‘Chemical Weapons Convention’’ 
means the Convention on the Prohibition of Development, Produc-
tion, Stockpiling and Use of Chemical Weapons and on Their 
Destruction, with annexes, done at Paris, January 13, 1993, and 
entered into force April 29, 1997 (T. Doc. 103–21). 
SEC. 8120. Paragraph 1(b) of Rule XXXV of the Standing Rules 
of the Senate is amended by adding at the end the following: 
‘‘It is not a gift for a Member (or a Senate employee making 
a reservation for that Member) to make more than one reservation 
on scheduled flights with participating airlines when such action 
assists the Member in conducting official business.’’. 
SEC. 8121. Not later than 30 days after the date of the enact-
ment of this Act, the Secretary of Defense shall establish and 
maintain on the homepage of the Internet website of the Depart-
ment of Defense a direct link to the Internet website of the Office 
of Inspector General of the Department of Defense. 
SEC. 8122. (a) Notwithstanding any other provision of law, 
and in addition to amounts otherwise made available by this Act, 
there is appropriated $11,630,000,000 for the ‘‘Mine Resistant 
Ambush Protected Vehicle Fund’’, to remain available until Sep-
tember 30, 2008. 
(b) The funds provided by subsection (a) shall be available 
to the Secretary of Defense to continue technological research and 
development and upgrades, to procure Mine Resistant Ambush 
Protected vehicles and associated support equipment, and to sus-
tain, transport, and field Mine Resistant Ambush Protected vehicles. 
(c)(1) The Secretary of Defense shall transfer funds provided 
by subsection (a) to appropriations for operation and maintenance; 
procurement; and research, development, test and evaluation to 
accomplish the purposes specified in subsection (b). Such transferred 
funds shall be merged with and be available for the same purposes 
and for the same time period as the appropriation to which they 
are transferred. 
(2) The transfer authority provided by this subsection shall 
be in addition to any other transfer authority available to the 
Department of Defense. 
(3) The Secretary of Defense shall, not less than 5 days prior 
to making any transfer under this subsection, notify the congres-
sional defense committees in writing of the details of the transfer. 
(d) The amount provided by this section is designated as an 
emergency requirement and necessary to meet emergency needs 
pursuant to subsections (a) and (b) of section 204 of S. Con. Res. 
21 (110th Congress), the concurrent resolution on the budget for 
fiscal year 2008. 
This division may be cited as the ‘‘Department of Defense 
Appropriations Act, 2008’’. 
DIVISION B—FURTHER CONTINUING APPROPRIATIONS, 
2008 
SEC. 101. Public Law 110–92 is amended by striking the date 
specified in section 106(3) and inserting ‘‘December 14, 2007’’. 
SEC. 102. Public Law 110–92 is amended by adding at the 
end the following new sections: 
Ante, p. 990. 
Deadline. 
Notification. 
Research and 
development. 
Deadline. 
Web site. 
5 USC app. 6 
note. 
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121 STAT. 1342 
PUBLIC LAW 110–116—NOV. 13, 2007 
‘‘SEC. 151. The authority provided by section 113(e) of the 
Dairy Production Stabilization Act of 1983 (7 U.S.C. 4504(e)) shall 
continue in effect through the date specified in section 106(3) of 
this joint resolution. 
‘‘SEC. 152. Notwithstanding section 101, amounts are provided 
for ‘Department of Commerce—Bureau of the Census—Periodic 
Censuses and Programs’ at a rate for operations of $1,025,398,000. 
‘‘SEC. 153. Any obligation made pursuant to this joint resolution 
prior to the enactment of the Department of Defense Appropriations 
Act, 2008 that relates to an amount provided in title IX of division 
A of Public Law 109–289, but is not chargeable under section 
107 of this joint resolution to an appropriation, fund, or authoriza-
tion contained in such 2008 Act, is designated as an emergency 
requirement and necessary to meet emergency needs pursuant to 
subsections (a) and (b) of section 204 of S. Con. Res. 21 (110th 
Congress), the concurrent resolution on the budget for fiscal year 
2008. 
‘‘SEC. 154. Notwithstanding any other provision of this joint 
resolution, there is appropriated for payment to Charles Davis, 
widower of Jo Ann Davis, late a Representative from the State 
of Virginia, $165,200. 
‘‘SEC. 155. Notwithstanding section 101, amounts are provided 
for the following accounts of the Department of Veterans Affairs 
at the following rates for operations: ‘Veterans Health Administra-
tion—Medical Services’, $27,167,671,000; ‘Veterans Health Adminis-
tration—Medical Administration’, $3,442,000,000; ‘Veterans Health 
Administration—Medical 
Facilities’, 
$3,592,000,000; 
‘Veterans 
Health 
Administration—Medical 
and 
Prosthetic 
Research’, 
$411,000,000; ‘Departmental Administration—General Operating 
Expenses’, $1,471,837,000; ‘Departmental Administration—National 
Cemetery Administration’, $166,809,000; ‘Departmental Adminis-
tration—Office of Inspector General’, $72,599,000; ‘Departmental 
Administration—Information Technology Systems’, $1,859,217,000; 
‘Departmental 
Administration—Construction, 
Major 
Projects’, 
$727,400,000; ‘Departmental Administration—Construction, Minor 
Projects’, $233,396,000; ‘Departmental Administration—Grants for 
Construction of State Extended Care Facilities’, $85,000,000; and 
‘Departmental Administration—Grants for Construction of State 
Veterans Cemeteries’, $32,000,000. 
‘‘SEC. 156. Section 44303(b) of title 49, United States Code, 
shall be applied by substituting the date specified in section 106(3) 
of this joint resolution for ‘December 31, 2006’. 
‘‘SEC. 157. (a) Notwithstanding any other provision of this joint 
resolution, and in addition to amounts otherwise available by this 
joint resolution, there is appropriated $329,000,000 for ‘Department 
of Agriculture—Forest Service—Wildland Fire Management’, to 
remain available until expended. Of such funds— 
‘‘(1) $110,000,000 shall be available for emergency wildfire 
suppression; 
‘‘(2) $100,000,000 shall be used within 15 days of the enact-
ment of this section for repayment to other accounts from 
which such funds were transferred in fiscal year 2007 for wild-
fire suppression so that all such transfers for fiscal year 2007 
are fully repaid; 
‘‘(3) $80,000,000 shall be available for hazardous fuels 
reduction and hazard mitigation activities, of which $30,000,000 
Deadline. 
Applicability. 
Charles Davis. 
Extension. 
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121 STAT. 1343 
PUBLIC LAW 110–116—NOV. 13, 2007 
is available for work on State and private lands using all 
the authorities available to the Forest Service; 
‘‘(4) $25,000,000 shall be available for rehabilitation and 
restoration of Federal lands; and 
‘‘(5) $14,000,000 shall be available for reconstruction and 
construction of Federal facilities and may be transferred to 
and merged with ‘Forest Service—Capital Improvement and 
Maintenance’. 
‘‘(b) Notwithstanding any other provision of this joint resolution, 
and in addition to amounts otherwise available by this joint resolu-
tion, there is appropriated $171,000,000 for ‘Department of the 
Interior—Bureau of Land Management—Wildland Fire Manage-
ment’, to remain available until expended. Of such funds— 
‘‘(1) $40,000,000 shall be available for emergency wildfire 
suppression; 
‘‘(2) $115,000,000 shall be used within 30 days of enactment 
of this section for repayment to other accounts from which 
such funds were transferred in fiscal year 2007 for wildfire 
suppression so that all such transfers for fiscal year 2007 
are fully repaid; 
‘‘(3) $10,000,000 shall be available for hazardous fuels 
reduction activities; and 
‘‘(4) $6,000,000 shall be available for rehabilitation and 
restoration of Federal lands. 
‘‘(c) Each amount provided by this section is designated as 
an emergency requirement and necessary to meet emergency needs 
pursuant to subsections (a) and (b) of section 204 of S. Con. Res. 
21 (110th Congress), the concurrent resolution on the budget for 
fiscal year 2008. 
‘‘SEC. 158. (a) Notwithstanding any other provision of this joint 
resolution, and in addition to amounts otherwise made available 
by this joint resolution, there is appropriated $2,900,000,000 for 
‘Department of Homeland Security—Federal Emergency Manage-
ment Agency—Disaster Relief’, to remain available until expended. 
‘‘(b) The amount provided by this section is designated as 
an emergency requirement and necessary to meet emergency needs 
pursuant to subsections (a) and (b) of section 204 of S. Con. Res. 
21 (110th Congress), the concurrent resolution on the budget for 
fiscal year 2008. 
‘‘SEC. 159. (a) Notwithstanding any other provision of this joint 
resolution, and in addition to amounts otherwise made available 
by this joint resolution, there is appropriated $3,000,000,000 for 
‘Department of Housing and Urban Development—Community 
Planning and Development—Community Development Fund’, to 
remain available until expended, to enable the Secretary of Housing 
and Urban Development to make a grant or grants to the State 
of Louisiana solely for the purpose of covering costs associated 
with otherwise uncompensated but eligible claims that were filed 
on or before July 31, 2007, under the Road Home program adminis-
tered by the State in accordance with plans approved by the Sec-
retary. 
‘‘(b) In allocating funds under this section, the Secretary of 
Housing and Urban Development shall ensure that such funds 
serve only to supplement and not supplant any other State or 
Federal resources committed to the Road Home program. No funds 
shall be drawn from the Treasury under this section beyond those 
necessary to fulfill the exclusive purpose of this section. 
Grants. 
Louisiana. 
Deadline. 
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121 STAT. 1344 
PUBLIC LAW 110–116—NOV. 13, 2007 
LEGISLATIVE HISTORY—H.R. 3222: 
HOUSE REPORTS: Nos. 110–279 (Comm. on Appropriations) and 110–434 
(Comm. of Conference). 
SENATE REPORTS: No. 110–155 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 153 (2007): 
Aug. 4, considered and passed House. 
Oct. 2, 3, considered and passed Senate, amended. 
Nov. 8, House and Senate agreed to conference report. 
‘‘(c) The amount provided by this section is designated as an 
emergency requirement and necessary to meet emergency needs 
pursuant to subsections (a) and (b) of section 204 of S. Con. Res. 
21 (110th Congress), the concurrent resolution on the budget for 
fiscal year 2008.’’. 
Approved November 13, 2007. 
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