[110th Congress Public Law 116]
[From the U.S. Government Printing Office]
[DOCID: f:publ116.110]
[[Page 121 STAT. 1295]]
Public Law 110-116
110th Congress
An Act
Making appropriations for the Department of Defense for the fiscal year
ending September 30, 2008, and for other purposes. <<NOTE: Nov. 13,
2007 - [H.R. 3222]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Table of contents.
Sec. 2. References.
DIVISION A--DEPARTMENT OF DEFENSE, 2008
Title I--Military Personnel
Title II--Operation and Maintenance
Title III--Procurement
Title IV--Research, Development, Test and Evaluation
Title V--Revolving and Management Funds
Title VI--Other Department of Defense Programs
Title VII--Related Agencies
Title VIII--General Provisions
DIVISION B--FURTHER CONTINUING APPROPRIATIONS, 2008
SEC. 2. <<NOTE: 1 USC 1 note.>> 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 <<NOTE: Department of Defense Appropriations Act, 2008.>> --
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
[[Page 121 STAT. 1296]]
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.
[[Page 121 STAT. 1297]]
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.
[[Page 121 STAT. 1298]]
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
[[Page 121 STAT. 1299]]
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,
[[Page 121 STAT. 1300]]
to be merged with and made available for the same purposes and for the
time period provided under this heading: Provided further,
<<NOTE: Deadline. Notification.>> 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
[[Page 121 STAT. 1301]]
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
[[Page 121 STAT. 1302]]
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
[[Page 121 STAT. 1303]]
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
[[Page 121 STAT. 1304]]
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
[[Page 121 STAT. 1305]]
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.
[[Page 121 STAT. 1306]]
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and armament
thereof, plant equipment, appliances, and machine tools and installation
thereof in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; procurement of critical, long
leadtime components and designs for vessels to be constructed or
converted in the future; and expansion of public and private plants,
including land necessary therefor, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to approval
of title, as follows:
Carrier Replacement Program, $2,703,953,000;
Carrier Replacement Program (AP), $124,401,000;
NSSN, $1,796,191,000;
NSSN (AP), $1,290,710,000;
CVN Refuelings (AP), $297,344,000;
SSBN Submarine Refuelings, $187,652,000;
SSBN Submarine Refuelings (AP), $42,744,000;
DDG-1000 Program, $2,776,477,000;
DDG-1000 Program (AP), $150,886,000;
DDG-51 Destroyer, $48,078,000;
Littoral Combat Ship, $339,482,000;
LPD-17, $1,391,922,000;
LPD-17 (AP), $50,000,000;
LHA-R, $1,375,414,000;
LCAC Service Life Extension Program, $98,518,000;
Prior year shipbuilding costs, $511,474,000;
Service Craft, $32,903,000; and
For outfitting, post delivery, conversions, and first
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,
[[Page 121 STAT. 1307]]
$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
[[Page 121 STAT. 1308]]
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,
<<NOTE: Deadline. Assessment.>> 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
[[Page 121 STAT. 1309]]
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.
[[Page 121 STAT. 1310]]
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.
[[Page 121 STAT. 1311]]
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, <<NOTE: Deadline. Plan.>> 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,
<<NOTE: Reports. Deadline.>> 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,
[[Page 121 STAT. 1312]]
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: <<NOTE: Deadline. Notification.>> 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
[[Page 121 STAT. 1313]]
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. <<NOTE: 10 USC 1584 note.>> 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: <<NOTE: Wages.>> 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, <<NOTE: Notification.>> 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
[[Page 121 STAT. 1314]]
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, <<NOTE: Deadline.>> 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, <<NOTE: Notification.>> 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) <<NOTE: Deadline. Reports.>> 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) <<NOTE: Certification.>> 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: <<NOTE: Notification.>> 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. <<NOTE: Notification.>> Except in
[[Page 121 STAT. 1315]]
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. <<NOTE: Notification. Deadline.>> 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. <<NOTE: Contracts. Notification. Deadline. 10 USC 2306b
note.>> 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.
[[Page 121 STAT. 1316]]
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, <<NOTE: Humanitarian
assistance.>> 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: <<NOTE: Applicability.>> Provided further, That this
section applies only to active components of the Army.
Sec. 8015. <<NOTE: Contracts. Outsourcing.>> (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--
[[Page 121 STAT. 1317]]
(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
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of Defense
by--
(A) not making an employer-sponsored health
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.
[[Page 121 STAT. 1318]]
(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. <<NOTE: Vessels.>> 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, <<NOTE: Certification.>> 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. <<NOTE: Ammunition.>> 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, <<NOTE: Waiver authority. Certification.>> 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. <<NOTE: Contracts.>> 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
[[Page 121 STAT. 1319]]
Appropriations for the Department of Defense with respect to any fiscal
year: Provided further, <<NOTE: Applicability.>> 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. <<NOTE: Kuwait.>> 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
[[Page 121 STAT. 1320]]
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) <<NOTE: Reports.>> 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: <<NOTE: Applicability.>> 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, <<NOTE: Waiver
authority. Certification.>> 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. <<NOTE: 10 USC 101 note.>> 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
[[Page 121 STAT. 1321]]
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. <<NOTE: 41 USC 10b-2 note.>> (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) <<NOTE: Reports.>> 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. <<NOTE: 10 USC 374 note.>> 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. <<NOTE: Housing. Native Americans. State listing.>> (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.
[[Page 121 STAT. 1322]]
(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) <<NOTE: Budget.>> 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: <<NOTE: 50 USC 503u note.>> 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
[[Page 121 STAT. 1323]]
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) <<NOTE: Labeling. Fraud.>> 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. <<NOTE: Contracts.>> 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
[[Page 121 STAT. 1324]]
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) <<NOTE: Waiver authority. Certification.>> 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
[[Page 121 STAT. 1325]]
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. <<NOTE: North Korea.>> 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: <<NOTE: Waiver
authority. Certification.>> 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. <<NOTE: 10 USC 374 note.>> (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) <<NOTE: 50 USC 403f note.>> 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
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,
<<NOTE: Waiver authority. Certification.>> 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, <<NOTE: Applicability.>> 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. <<NOTE: Certification.>> 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
[[Page 121 STAT. 1326]]
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) <<NOTE: Notification. Deadline.>> 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) <<NOTE: Applicability.>> 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
[[Page 121 STAT. 1327]]
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. <<NOTE: Germany.>> 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.
[[Page 121 STAT. 1328]]
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, <<NOTE: Waiver
authority. Certification.>> 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. <<NOTE: American Samoa. Native
Americans.>> 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) <<NOTE: Waiver authority.>> 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) <<NOTE: Applicability.>> 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. <<NOTE: Human rights.>> (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
[[Page 121 STAT. 1329]]
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) <<NOTE: Waiver authority.>> 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) <<NOTE: Deadline. Reports.>> 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, <<NOTE: Waiver
authority. Certification.>> 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. <<NOTE: Reports.>> 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,
<<NOTE: Waiver authority. Certification.>> 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. <<NOTE: Reports. Confidential
information. Deadline.>> 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. <<NOTE: Effective date. 10 USC 2784 note.>> 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.
[[Page 121 STAT. 1330]]
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) <<NOTE: Certification.>> 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) <<NOTE: Notification.>> 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) <<NOTE: Notification.>> 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
[[Page 121 STAT. 1331]]
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: <<NOTE: Waiver authority. Certification.>> 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. <<NOTE: Ammunition.>> 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. <<NOTE: Alcohol and alcoholic beverages.>> 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,
<<NOTE: Applicability.>> 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
[[Page 121 STAT. 1332]]
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,
<<NOTE: Contracts.>> 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. <<NOTE: Applicability. 10 USC 113 note.>> 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: <<NOTE: Grants.>> 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) <<NOTE: Government property. Native Americans.>> 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.
[[Page 121 STAT. 1333]]
(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:
To:
Under the heading ``Shipbuilding and Conversion, Navy, 2001/2008'':
Carrier Replacement Program, $336,475,000;
Under the heading ``Shipbuilding and Conversion, Navy, 2002/2008'':
New SSN, $45,000,000;
Under the heading ``Shipbuilding and Conversion, Navy, 2003/2008'':
New SSN, $40,000,000;
Under the heading ``Shipbuilding and Conversion, Navy, 2004/2008'':
New SSN, $24,000,000; and
Under the heading ``Shipbuilding and Conversion, Navy, 2005/2009'':
LPD-17 Amphibious Transport Dock Ship Program, $65,999,000.
Sec. 8082. None of the funds available to the Department of Defense
may be obligated to modify command and control 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.
[[Page 121 STAT. 1334]]
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, foroccupations listed in section
7403(a)(2) of title 38, United States Code, as well as the following:
Pharmacists, Audiologists, Psychologists, Social Workers,
Othotists/Prosthetists, Occupational Therapists, Physical
Therapists, Rehabilitation Therapists, Respiratory Therapists,
Speech Pathologists, Dietitian/Nutritionists, Industrial
Hygienists, Psychology Technicians, Social Service Assistants,
Practical Nurses, Nursing Assistants, and Dental Hygienists:
(A) <<NOTE: Applicability.>> 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. <<NOTE: Notification.>> 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''. <<NOTE: Grants.>> 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/
[[Page 121 STAT. 1335]]
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, <<NOTE: Grants.>> 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. <<NOTE: Federal budget. 10 USC 221 note.>> The budget of
the President for fiscal year 2009 submitted to the Congress pursuant to
section 1105 of title 31,
[[Page 121 STAT. 1336]]
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. 18093. None of the funds appropriated or made available in this
Act shall be used to reduce or disestablish the operation of the 53rd
Weather Reconnaissance Squadron of the Air Force Reserve, if such action
would reduce the WC-130 Weather 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. <<NOTE: Notification. Deployment.>> (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) <<NOTE: Waiver authority.>> 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,
<<NOTE: Effective date.>> That the Secretary may not transfer any funds
until 30 days after the proposed transfer has been reported to
[[Page 121 STAT. 1337]]
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. <<NOTE: 10 USC note prec. 1121.>> 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. <<NOTE: Extension date.>> 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
[[Page 121 STAT. 1338]]
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.
[[Page 121 STAT. 1339]]
Sec. 8109. <<NOTE: Applicability.>> 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. <<NOTE: 10 USC 221 note.>> The Secretary of Defense shall
create a major force program category for space for the Future Years
Defense Program of the Department of Defense. <<NOTE: Designation.>> 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 <<NOTE: Deadline. Notification.>> 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 <<NOTE: Reports. Deadline.>> 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.
[[Page 121 STAT. 1340]]
(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,
<<NOTE: Applicability.>> 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. <<NOTE: Afghanistan. Iraq. 10 USC 221 note.>> 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) <<NOTE: Chemical weapons. Deadline. 50 USC 1521
note.>> 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.
(b) Report.--
(1) Not later than December 31, 2007, and every 180 days
thereafter, the Secretary of Defense shall submit to the parties
described in paragraph (2) a report on the progress of the
Department of Defense toward compliance with this section.
(2) The parties referred to in paragraph (1) are the Speaker
of the House of Representatives, the Majority and Minority
Leaders of the House of Representatives, the Majority and
Minority Leaders of the Senate, and the congressional defense
committees.
(3) Each report submitted under paragraph (1) shall include
the updated and projected annual funding levels necessary to
achieve full compliance with this section. The projected funding
levels for each report shall include a detailed
[[Page 121 STAT. 1341]]
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. <<NOTE: Deadline. Website. 5 USC app. 6 note.>> 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) <<NOTE: Research and development.>> 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) <<NOTE: Deadline. Notification.>> 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) <<NOTE: Ante, p. 990.>> and inserting
``December 14, 2007''.
Sec. 102. Public Law 110-92 is amended by adding at the end the
following new sections:
[[Page 121 STAT. 1342]]
``Sec. 151. <<NOTE: Extension.>> 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. <<NOTE: Charles Davis.>> 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. <<NOTE: Applicability.>> 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) <<NOTE: Deadline.>> $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
[[Page 121 STAT. 1343]]
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) <<NOTE: Deadline.>> $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. <<NOTE: Grants. Louisiana.>> (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.
[[Page 121 STAT. 1344]]
``(c) The amount provided by this section is designated as an
emergency requirement and necessary to meet emergency needs pursuant to
subsections (a) and (b) of section 204 of S. Con. Res. 21 (110th
Congress), the concurrent resolution on the budget for fiscal year
2008.''.
Approved November 13, 2007.
LEGISLATIVE HISTORY--H.R. 3222:
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 110-279 (Comm. on Appropriations) and 110-434
(Comm. of Conference).
SENATE REPORTS: No. 110-155 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 153 (2007):
Aug. 4, considered and passed House.
Oct. 2, 3, considered and passed Senate, amended.
Nov. 8, House and Senate agreed to conference report.
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