One Hundred Tenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Thursday,
the fourth day of January, two thousand and seven
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.
DIVISION A--DEPARTMENT OF DEFENSE, 2008
Title I--Military Personnel
Title II--Operation and Maintenance
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 stations, for members of the Army on active duty, (except members
of reserve components provided for elsewhere), cadets, and aviation cadets;
for members of the Reserve Officers' Training Corps; and for payments 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 stations, for members of the Navy on active duty (except members
of the Reserve provided for elsewhere), midshipmen, and aviation cadets; for
members of the 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 stations, for members of the Marine Corps on active duty (except
members of the Reserve provided for elsewhere); and for payments pursuant
to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and
to the Department of Defense Military Retirement Fund, $10,280,180,000.
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 stations, for members of the Air Force on active duty (except
members of reserve components provided for elsewhere), cadets, and aviation
cadets; for members of the Reserve Officers' Training Corps; and for payments
pursuant to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note),
and to the Department of Defense Military Retirement Fund, $24,194,914,000.
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.
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
undergoing 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 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, $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.
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 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, $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 provision 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 adjacent 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 provided 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 payments 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 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 Department of Defense (other
than the military departments), as authorized 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
available for the Procurement Technical Assistance Cooperative Agreement 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 further, That none of the funds appropriated or
otherwise made available 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 department,
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, development,
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 Security, including
operating surveillance systems, analyzing intelligence, 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 maintenance, 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, 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 equipment; 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 equipment; 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 transportation; care of the dead; recruiting; procurement
of services, supplies, 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, operation, 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 specifically authorized by the Chief, National Guard
Bureau; supplying 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,
modification, maintenance, and issue of supplies and equipment, including
those furnished from stocks under the control of agencies of the Department
of Defense; travel expenses (other than mileage) on the same basis as authorized
by law for Air National Guard personnel on active Federal duty, for Air National
Guard commanders while inspecting units in compliance with National Guard
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 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.
Environmental Restoration, Navy
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Navy, $300,591,000, to remain available until transferred:
Provided, That the Secretary of the Navy shall, upon determining
that such funds are required for environmental restoration, reduction and
recycling of hazardous waste, removal of unsafe buildings and debris of the
Department of the Navy, or for similar purposes, transfer the funds made available
by this appropriation to other appropriations made available to the Department
of the Navy, to be merged with and to be available for the same purposes and
for the same time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds transferred
from this appropriation are not necessary for the purposes provided herein,
such amounts may be transferred back to this appropriation: Provided further,
That the transfer authority provided under this heading is in addition to
any other transfer 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
available to the Department of the Air Force, to be merged with and to be
available for the same purposes and for the same time period as the appropriations
to which transferred: Provided further, That upon a 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 available until transferred:
Provided, That the Secretary of Defense 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 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 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, 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 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 available
by this appropriation to other appropriations made available to the Department
of the Army, to be merged with and to be available for the same purposes and
for the same time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds transferred
from this appropriation are not necessary for the purposes provided herein,
such amounts may be transferred back to this appropriation: 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 September
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 facilitating 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 components, and weapon-related technology and expertise; for programs
relating to the training and support of defense and military personnel for
demilitarization and protection of weapons, weapons components and weapons
technology and expertise, and for defense and military contacts, $428,048,000,
to remain available until September 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; 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, $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; 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, $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 ordnance, 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 of personnel, notwithstanding price limitations applicable
to passenger vehicles but not to exceed $255,000 per vehicle; communications
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.
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 (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 (AP), $50,000,000;
LCAC Service Life Extension Program, $98,518,000;
Prior year shipbuilding costs, $511,474,000;
Service Craft, $32,903,000; and
For outfitting, post delivery, conversions, and first destination transportation,
$379,811,000.
In all: $13,597,960,000, 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 construction or conversion of any naval vessel to be constructed in
shipyards in the United States shall be expended in foreign facilities for
the construction of major components of such vessel: Provided further,
That none of the funds provided under this heading shall be used for the construction
of any naval vessel in foreign shipyards.
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, $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 handling 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 equipment layaway; and other expenses
necessary for the foregoing purposes 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 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
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 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 electronic and communication equipment),
and supplies, materials, and spare parts therefor, not otherwise provided
for; the purchase of passenger motor vehicles for replacement only, and the
purchase of 2 vehicles required for physical security of personnel, notwithstanding
price limitations applicable to passenger vehicles but not to 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 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 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 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,
$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 component.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to sections 108, 301,
302, and 303 of the Defense Production Act of 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 available 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 Evaluation, in the direction and supervision
of operational test and evaluation, including initial operational test and
evaluation which is conducted prior to, and in support of, production decisions;
joint operational testing and evaluation; and administrative expenses in connection
therewith, $180,264,000, to remain available for obligation until September
30, 2009.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,352,746,000.
National Defense Sealift Fund
For National Defense Sealift Fund programs, projects, and activities, and
for expenses of the National Defense Reserve Fleet, as established by section
11 of the Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1744), and for the
necessary expenses to maintain and preserve a U.S.-flag merchant fleet to
serve the national security needs of the United States, $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 shipboard services; propulsion system components (that is; engines,
reduction gears, and propellers); shipboard cranes; and spreaders for shipboard
cranes: Provided further, That the exercise of an option in a contract
awarded through the obligation of previously appropriated funds shall not
be considered to be the award of a new contract: Provided further,
That the Secretary of the military department responsible for such procurement
may waive the restrictions in the first proviso 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.
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 operation 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 undertaken in connection
with U.S. military training, exercises, and humanitarian assistance activities
conducted primarily in African nations.
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 procurement, 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 Department of Defense,
for transfer to appropriations available to the Department of Defense for
military personnel of the reserve components 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:
Provided, That the funds appropriated under this heading shall be
available for obligation for the same time period and for the same purpose
as the appropriation to which transferred: Provided further, That
upon a determination that all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such amounts may be transferred
back to this appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other transfer 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, 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
evaluation; 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 General 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 Management Account, $725,526,000:
Provided, That of the funds appropriated under this heading, $39,000,000
shall be transferred to the Department of Justice for the National Drug Intelligence
Center to 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 available 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 computer exploitation
of materials collected in Federal, State, and local law enforcement activity
associated with counter-drug, counter-terrorism, and national security investigations
and operations.
TITLE VIII
GENERAL PROVISIONS
SEC. 8001. No part of any appropriation contained in this Act shall be used
for publicity or propaganda purposes not authorized 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 Department of Defense or funds made available in this
Act to the Department 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 Secretary
of Defense shall notify the Congress promptly of all transfers made pursuant
to this authority or any other authority in this Act: Provided further,
That no part of the funds in this Act shall be available to prepare or present
a request to the Committees on Appropriations for reprogramming of funds,
unless for higher priority items, based on 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 transfers 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 committees 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 congressional 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 appropriate, 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 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 further, That
no multiyear procurement contract can be terminated without 10-day prior notification
to the congressional defense committees: Provided further, That the
execution of multiyear authority shall require the use of a present value
analysis to determine lowest cost compared to an annual procurement: Provided
further, That none of the funds provided in this Act may be used for
a multiyear contract executed after the date of the enactment of this Act
unless in the case of any such contract--
(1) the Secretary of Defense has submitted to Congress a budget request
for full funding of units to be procured through the contract and, in the
case of a contract for procurement of aircraft, that includes, for any aircraft
unit to be procured through the contract for which procurement funds are
requested in that budget request for production beyond advance procurement
activities in the fiscal year covered by the budget, full funding of procurement
of such unit in that fiscal year;
(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.
SEC. 8011. Within the funds appropriated for the operation and maintenance
of the Armed Forces, funds are hereby appropriated pursuant to section 401
of title 10, United States Code, for humanitarian and civic assistance costs
under chapter 20 of title 10, United States Code. Such funds may also be obligated
for humanitarian and civic assistance costs incidental to authorized operations
and pursuant to authority granted in section 401 of 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 Territories
of the Pacific Islands and freely associated states of Micronesia, pursuant
to the Compact of Free Association as authorized by Public Law 99-239: Provided
further, That upon a determination by the 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 transportation
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 documentation supporting the fiscal
year 2009 Department of Defense budget request shall be prepared and submitted
to the Congress as if subsections (a) and (b) of this provision were effective
with regard to fiscal year 2009.
(c) Nothing in this section shall be construed to apply to military (civilian)
technicians.
SEC. 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--
(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 personnel-related
costs for performance of that activity or function by Federal employees;
or
(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 insurance 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 contribute less towards the premium or subscription
share than the amount that is paid by the Department of Defense for health
benefits for civilian employees under chapter 89 of title 5, United States
Code.
(b)(1) The Department of Defense, without regard to subsection (a) of this
section or subsection (a), (b), or (c) of section 2461 of title 10, United
States Code, and notwithstanding any administrative regulation, requirement,
or policy to the contrary shall have full authority to enter into a contract
for the performance of any commercial or 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 activities.
(TRANSFER OF FUNDS)
SEC. 8016. Funds appropriated in title III of this Act for the Department
of Defense Pilot Mentor-Protege Program may be transferred to any other appropriation
contained in this Act solely for the purpose of implementing a Mentor-Protege
Program developmental 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 components of anchor and mooring
chain shall be considered to be produced 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 manufactured
outside the United States: Provided further, That when adequate 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 subcontractor at any tier that makes a subcontract award to
any subcontractor or supplier as 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,
shall be considered a contractor for the purposes 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 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 acquisition 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 Procurement, Air Force';
and
(3) $875,000 shall be available from `Other Procurement, Air Force' for
vehicle procurement.
(b) The Secretary of the Air Force should waive 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 (department) 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
membership 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 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 contributions,
not to include employee participation in community service and/or development.
(d) Notwithstanding any other provision of law, of the funds available to
the department during fiscal year 2008, not more than 5,517 staff years of
technical effort (staff years) may be funded for defense FFRDCs: 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: Provided 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 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: 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 Appropriations 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 competition between Department of Defense depot maintenance activities
and private firms: Provided, That the Senior Acquisition Executive
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 paragraph (2) has violated the terms
of the agreement by discriminating against certain types of products produced
in the United States that are covered by the agreement, the Secretary of Defense
shall rescind the Secretary's blanket waiver of the Buy 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.
(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 investment item for the purpose of acquiring
a new inventory item for sale or anticipated sale during the current fiscal
year or a subsequent fiscal year to customers of the Department of Defense
Working Capital Funds if such an item would not have been chargeable to the
Department of Defense Business Operations Fund during fiscal year 1994 and
if the purchase of such an investment item would be chargeable during the
current fiscal year to appropriations made to the Department of Defense for
procurement.
(b) The fiscal year 2009 budget request for the Department of Defense as well
as all justification material and other documentation 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 budgeted for in a proposed fiscal year 2009 procurement appropriation and
not in the supply management business area or any other area or category of
the Department of Defense Working Capital Funds.
SEC. 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 appropriated for the Reserve for Contingencies,
which shall remain available 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 development acquisition, for agent operations,
and for covert action programs 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 General 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 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 manufacturers.
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 damage,
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 contracting
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 Congress 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 services entered into without
competition on the basis of an unsolicited proposal unless the head of the
activity responsible for the procurement 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 limitation 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 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
headquarters.
(b) The Secretary of Defense or Secretary of a military department may waive
the limitations in subsection (a), on a case-by-case basis, if the Secretary
determines, and certifies to the Committees on Appropriations of the House
of Representatives and Senate that the granting of the waiver will reduce
the personnel requirements or the financial requirements of the department.
(c) This section does not apply to--
(1) field operating agencies funded within the National Intelligence Program;
or
(2) an Army field operating agency established to eliminate, mitigate, or
counter the effects of 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 conference 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) technicians of the Army National
Guard, Air National Guard, Army Reserve and Air Force Reserve for the purpose
of applying any administratively imposed civilian personnel ceiling, freeze,
or reduction on military (civilian) technicians, unless such reductions are
a direct result of a reduction in military force structure.
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 facilities 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
reductions 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 appropriations law.
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: Provided, 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 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: 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 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
committees, 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-enforcement, or humanitarian
assistance operation.
(c) A notice under subsection (a) shall include the following:
(1) A description of the equipment, supplies, or services to be transferred.
(2) A statement of the value of the equipment, supplies, or services to
be transferred.
(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 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 balance, 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 appropriation
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.
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 requirements: 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 equipment, 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 program referred
to in subsection (a), full consideration is given to all credible information
available to the Department of State relating to human rights violations by
foreign security forces.
(c) The Secretary of Defense, after consultation with the Secretary of State,
may waive the prohibition in subsection (a) if he determines that such waiver
is required by extraordinary circumstances.
(d) Not more than 15 days after the exercise of any waiver under subsection
(c), the Secretary of Defense shall submit a report to the congressional defense
committees describing the extraordinary circumstances, the purpose and duration
of the training program, the United States forces and the foreign security
forces involved in the 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 propulsion diesel engines and propulsors
are manufactured in the United States by a domestically operated entity: Provided,
That the Secretary of Defense may waive this restriction on a case-by-case
basis by certifying in writing to the Committees on 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 demonstration 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, Subcommittees 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.
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 technology 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 supporting financial and non-financial
systems, or a system improvement 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 congressional 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 congressional 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 Secretary 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 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 demilitarization 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 beverages and wine shall apply to all alcoholic beverages only for
military installations in States which are not contiguous with 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 program.
(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 property, 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 Appropriations Act, 1997
(titles I through VIII of the matter under subsection 101(b) of Public Law
104-208; 110 Stat. 3009-111; 10 U.S.C. 113 note) shall 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 confronted
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.
(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 Architecture, and $37,000,000 shall be available
for the Short Range Ballistic 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 available
for the procurement of weapons and equipment, to be merged with and to be
available for the same time period and the same purposes as the appropriation
to which transferred: Provided further, That the transfer authority
provided under this provision is in addition to any other transfer authority
contained in this Act.
(INCLUDING TRANSFER OF FUNDS)
SEC. 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:
Under the heading `Shipbuilding and Conversion, Navy, 2001/2008':
Carrier Replacement Program, $336,475,000;
Under the heading `Shipbuilding and Conversion, Navy, 2002/2008':
Under the heading `Shipbuilding and Conversion, Navy, 2003/2008':
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 relationships to give Fleet Forces
Command administrative and operational 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.
SEC. 8083. Notwithstanding any other provision of law or regulation, the Secretary
of Defense may exercise the provisions of section 7403(g) of title 38, United
States Code, for occupations listed in section 7403(a)(2) of title 38, United
States Code, as well as the following:
Pharmacists, Audiologists, Psychologists, Social Workers, Othotists/Prosthetists,
Occupational Therapists, Physical Therapists, Rehabilitation Therapists,
Respiratory Therapists, Speech Pathologists, Dietitian/Nutritionists, Industrial
Hygienists, Psychology Technicians, Social Service Assistants, Practical
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 immediately 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 construction 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 available until expended to provide
assistance, by grant or otherwise (such as, but not limited to, the provision
of funds for repairs, maintenance, construction, and/or for the purchase of
information technology, text books, teaching resources), to public schools
that have unusually high concentrations of special needs military dependents
enrolled: Provided, That in selecting school systems to receive such
assistance, special consideration shall be given to school systems in States
that are considered overseas assignments, and all schools within these school
systems shall be eligible for assistance: Provided further, That
up to 2 percent of the total appropriated funds under this section shall be
available to support the administration and execution of the funds or program
and/or events that promote the purpose of this appropriation (e.g. payment
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 budgetary 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 appropriated 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 infrastructure 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 encroachment.
SEC. 8091. The budget of the President for fiscal year 2009 submitted to the
Congress pursuant to section 1105 of title 31, United States Code, shall include
separate budget justification documents 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 description 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 Department of Defense Financial Management Regulation)
for all contingency 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. 8093. 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 Reconnaissance 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 available Navy ship construction
appropriation for the purpose of liquidating necessary changes resulting from
inflation, market fluctuations, or rate adjustments for any ship construction
program appropriated in law: Provided, That the Secretary may transfer
not to exceed $100,000,000 under the authority provided by this section: Provided
further, That the Secretary may not transfer any funds until 30 days
after the proposed transfer has been reported to the Committees on Appropriations
of the House of Representatives and the Senate, unless a response from the
Committees is received sooner: Provided further, That the transfer
authority provided by this section is in addition to any other transfer authority
contained elsewhere in this Act.
SEC. 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 proportionately
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 Security Cooperation activities such as humanitarian assistance,
and payment of incremental and personnel costs of training and exercising
with foreign security forces: Provided, That funds made available
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
appropriated 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 disabilities under subsection (d) of section 1079
of title 10, United States Code, provided as partial hospital care, or provided
pursuant to a waiver authorized by the Secretary of Defense because of medical
or psychological circumstances of the patient that are confirmed by a health
professional who is not a Federal employee after a review, pursuant to rules
prescribed by the Secretary, which takes into account the appropriate level
of care for the patient, the intensity of services required by the patient,
and the availability of that care.
SEC. 8106. Notwithstanding any other provision of law or regulation, the Secretary
of Defense may adjust wage rates for civilian employees hired for certain
health care occupations as authorized for the Secretary of 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 operation 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.
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 environmental 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 designate 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 appropriated 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 committees 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.
(2) Section 2242 of the Foreign Affairs Reform and Restructuring 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 Hurricanes 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 negotiated indirect cost rates on
a contract, grant, or cooperative agreement (or similar arrangement) entered
into by the Department of Defense and an entity in excess of 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 enactment 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 transferred by the Secretary of the Navy to the Secretary
of the Department of the Interior for any expenses associated with the construction
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 munitions, 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.
(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 accounting of the complete life-cycle costs for each of the chemical
disposal projects.
(c) In this section, the term `Chemical Weapons Convention' means the Convention
on the Prohibition of Development, Production, 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 enactment of this
Act, the Secretary of Defense shall establish and maintain on the homepage
of the Internet website of the Department 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 September 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 sustain, 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 congressional 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:
`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 authorization 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 Administration--Medical Services', $27,167,671,000;
`Veterans Health Administration--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
Administration--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 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) $80,000,000 shall be available for hazardous fuels reduction and hazard
mitigation activities, of which $30,000,000 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 resolution, there is
appropriated $171,000,000 for `Department of the Interior--Bureau of Land
Management--Wildland Fire Management', 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 Management 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 administered by the State in accordance with plans approved
by the Secretary.
`(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.
`(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.'.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
END