[Congressional Record Volume 153, Number 148 (Tuesday, October 2, 2007)]
[Senate]
[Pages S12393-S12408]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2008
The ACTING PRESIDENT pro tempore. Under the previous order, the
Senate will proceed to the consideration of H.R. 3222, which the clerk
will report.
The bill clerk read as follows:
A bill (H.R. 3222) making appropriations for the Department
of Defense for the fiscal year ending September 30, 2008, and
for other purposes.
The Senate proceeded to consider the bill, which had been reported
from the Committee on Appropriations, with an amendment to strike all
after the enacting clause and insert in lieu thereof the following:
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2008, for military functions
administered by the Department of Defense and for other
purposes, namely:
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Army on active
duty, (except members of reserve components provided for
elsewhere), cadets, and aviation cadets; for members of the
Reserve Officers' Training Corps; and for payments pursuant
to section 156 of Public Law 97-377, as amended (42 U.S.C.
402 note), and to the Department of Defense Military
Retirement Fund, $31,734,076,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Navy on active
duty (except members of the Reserve provided for elsewhere),
midshipmen, and aviation cadets; for members of the 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, $23,338,772,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Marine Corps on
active duty (except members of the Reserve provided for
elsewhere); and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to
the Department of Defense Military Retirement Fund,
$10,291,831,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Air Force on
active duty (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; for members of
the Reserve Officers' Training Corps; and for payments
pursuant to section 156 of Public Law 97-377, as amended (42
U.S.C. 402 note), and to the Department of Defense Military
Retirement Fund, $24,155,054,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army
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,
$3,672,440,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Navy
Reserve on active duty under section 10211 of title 10,
United States Code, or while serving on active duty under
section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and
expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense
Military Retirement Fund, $1,801,985,000.
[[Page S12394]]
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, $595,372,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air Force
Reserve on active duty under sections 10211, 10305, and 8038
of title 10, United States Code, or while serving on active
duty under section 12301(d) of title 10, United States Code,
in connection with performing duty specified in 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,
$1,368,897,000.
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, $5,947,354,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air
National Guard on duty under section 10211, 10305, or 12402
of title 10 or section 708 of title 32, United States Code,
or while serving on duty under section 12301(d) of title 10
or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing
training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title
10, United States Code; and for payments to the Department of
Defense Military Retirement Fund, $2,616,560,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
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, $28,598,563,000.
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,
$33,150,380,000.
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, $5,061,649,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by
law; and not to exceed $7,699,000 can be used for emergencies
and extraordinary expenses, to be expended on the approval or
authority of the Secretary of the Air Force, and payments may
be made on his certificate of necessity for confidential
military purposes, $32,599,333,000.
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, $22,445,227,000: 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 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 $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 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,
$2,510,286,000.
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,
$1,187,151,000.
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, $208,688,000.
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, $2,816,103,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the
Army National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance,
operation, and repairs to structures and facilities; hire of
passenger motor vehicles; personnel services in the National
Guard Bureau; travel expenses (other than mileage), as
authorized by law for Army personnel on active duty, for Army
National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard
Bureau regulations when specifically authorized by the Chief,
National Guard Bureau; supplying and equipping the Army
National Guard as authorized by law; and expenses of repair,
modification, maintenance, and issue of supplies and
equipment (including aircraft), $5,800,933,000.
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, $5,471,745,000.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States
Court of Appeals for the Armed Forces, $11,971,000, of which
not to exceed $5,000 may be used for official representation
purposes.
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $444,879,000, 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.
[[Page S12395]]
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $300,591,000, to remain
available until transferred: Provided, That the Secretary of
the Navy shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of the Navy, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Navy,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation.
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.
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.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $295,249,000, to remain
available until transferred: Provided, That the Secretary of
the Army shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris at
sites formerly used by the Department of Defense, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Army,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation.
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),
$63,300,000, to remain available until September 30, 2009.
Former Soviet Union Threat Reduction Account
For assistance to the republics of the former Soviet Union,
including assistance provided by contract or by grants, for
facilitating the elimination and the safe and 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, $448,048,000, to remain
available until September 30, 2010: Provided, That of the
amounts provided under this heading, $12,000,000 shall be
available only to support the dismantling and disposal of
nuclear submarines, submarine reactor components, and
security enhancements for transport and storage of nuclear
warheads in the Russian Far East.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification,
and modernization of aircraft, equipment, including ordnance,
ground handling equipment, spare parts, and accessories
therefor; specialized equipment and training devices;
expansion of public and private plants, including the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$4,273,998,000, 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,
$1,756,979,000, 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, $3,122,889,000, 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,
$2,208,976,000, to remain available for obligation until
September 30, 2010.
Other Procurement, Army
For construction, procurement, production, and modification
of vehicles, including tactical, support, and non-tracked
combat vehicles; the purchase of passenger motor vehicles for
replacement only; and the purchase of 3 vehicles required for
physical security of personnel, notwithstanding price
limitations applicable to passenger vehicles but not to
exceed $255,000 per vehicle; communications and electronic
equipment; other support equipment; spare parts, ordnance,
and accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including
the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$11,697,265,000, 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, $12,599,744,000, 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,
$3,094,687,000, 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,
[[Page S12396]]
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, $1,058,832,000, to remain available for obligation
until September 30, 2010.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition,
or conversion of vessels as authorized by law, including
armor and armament thereof, plant equipment, appliances, and
machine tools and installation thereof in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; procurement of critical, long leadtime
components and designs for vessels to be constructed or
converted in the future; and expansion of public and private
plants, including land necessary therefor, and such lands and
interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title, as follows:
Carrier Replacement Program, $2,703,953,000;
Carrier Replacement Program (AP), $124,401,000;
NSSN, $1,796,191,000;
NSSN (AP), $1,172,710,000;
CVN Refuelings (AP), $297,344,000;
SSBN Submarine Refuelings, $187,652,000;
SSBN Submarine Refuelings (AP), $42,744,000;
DDG-1000 Program, $2,807,437,000;
DDG-1000 Program (AP), $150,886,000;
DDG-51 Destroyer, $48,078,000;
Littoral Combat Ship (AP), $75,000,000;
LPD-17, $1,398,922,000;
LHA-R, $1,377,414,000;
LCAC Service Life Extension Program, $98,518,000;
Prior year shipbuilding costs, $511,474,000;
Service Craft, $32,903,000; and
For outfitting, post delivery, conversions, and first
destination transportation, $379,811,000.
In all: $13,205,438,000, to remain available for obligation
until September 30, 2012: Provided, That additional
obligations may be incurred after September 30, 2012, for
engineering services, tests, evaluations, and other such
budgeted work that must be performed in the final stage of
ship construction: Provided further, That none of the funds
provided under this heading for the construction or
conversion of any naval vessel to be constructed in shipyards
in the United States shall be expended in foreign facilities
for the construction of major components of such vessel:
Provided further, That none of the funds provided under this
heading shall be used for the construction of any naval
vessel in foreign shipyards.
Other Procurement, Navy
For procurement, production, and modernization of support
equipment and materials not otherwise provided for, Navy
ordnance (except ordnance for new aircraft, new ships, and
ships authorized for conversion); the purchase of passenger
motor vehicles for replacement only, and the purchase of 10
vehicles required for physical security of personnel,
notwithstanding price limitations applicable to passenger
vehicles but not to exceed $255,000 per vehicle; expansion of
public and private plants, including the land necessary
therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-
owned equipment layaway, $5,376,530,000, 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,
$2,091,897,000, to remain available for obligation until
September 30, 2010.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft
and equipment, including armor and armament, specialized
ground handling equipment, and training 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,
$12,133,900,000, to remain available for obligation until
September 30, 2010.
Missile Procurement, Air Force
For construction, procurement, and modification of
missiles, spacecraft, rockets, and related equipment,
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,
$4,920,219,000, to remain available for obligation until
September 30, 2010.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities, authorized
by section 2854 of title 10, United States Code, and the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$854,167,000, 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, $15,517,127,000, 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, $3,246,843,000, 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,
$1,000,000,000, to remain available for obligation until
September 30, 2010: Provided, That the Chiefs of the Reserve
and National Guard components shall, not later than 30 days
after the enactment of this Act, individually submit to the
congressional defense committees the modernization priority
assessment for their respective Reserve or National Guard
component.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to
sections 108, 301, 302, and 303 of the Defense Production Act
of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093),
$65,092,000, to remain available until expended.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $11,355,005,000, 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, $17,472,210,000, 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, $26,070,841,000, 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
[[Page S12397]]
equipment, $20,303,726,000, to remain available for
obligation until September 30, 2009.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and
Evaluation, in the direction and supervision of operational
test and evaluation, including initial operational test and
evaluation which is conducted prior to, and in support of,
production decisions; joint operational testing and
evaluation; and administrative expenses in connection
therewith, $180,264,000, to remain available for obligation
until September 30, 2009.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,352,746,000.
National Defense Sealift Fund
For National Defense Sealift Fund programs, projects, and
activities, and for expenses of the National Defense Reserve
Fleet, as established by section 11 of the Merchant Ship
Sales Act of 1946 (50 U.S.C. App. 1744), and for the
necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the
United States, $1,044,194,000, 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, $23,490,051,000, of which $22,650,758,000
shall be for Operation and maintenance, of which not to
exceed one percent shall remain available until September 30,
2009, and of which up to $12,341,286,000 may be available for
contracts entered into under the TRICARE program; of which
$362,261,000, to remain available for obligation until
September 30, 2010, shall be for Procurement; and of which
$477,032,000, to remain available for obligation until
September 30, 2009, shall be for Research, development, test
and evaluation.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal 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,
$1,517,724,000, of which $1,186,500,000 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, 2008; and no less than
$124,618,000 shall be for the Chemical Stockpile Emergency
Preparedness Program, of which $36,373,000 shall be for
activities on military installations and of which
$88,245,000, to remain available until September 30, 2008,
shall be to assist State and local governments.
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, $962,603,000: Provided, That the funds
appropriated under this heading shall be available for
obligation for the same time period and for the same purpose
as the appropriation to which transferred: Provided further,
That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred
back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition
to any other transfer authority contained elsewhere in this
Act.
Joint Improvised Explosive Device Defeat Fund
(including transfer of funds)
For the ``Joint Improvised Explosive Device Defeat Fund,
$120,000,000: Provided, That such funds shall be available to
the Secretary of Defense, notwithstanding any other provision
of law, for the purpose of allowing the Director of the Joint
Improvised Explosive Device Defeat Organization to
investigate, develop and provide equipment, supplies,
services, training, facilities, personnel and funds to assist
United States forces in the defeat of improvised explosive
devices: Provided further, That within 60 days of the
enactment of this Act, a plan for the intended management and
use of the Fund is provided to the congressional defense
committees: Provided further, That the Secretary of Defense
shall submit a report not later than 30 days after the end of
each fiscal quarter to the congressional defense committees
providing assessments of the evolving threats, individual
service requirements to counter the threats, the current
strategy for predeployment training of members of the Armed
Forces on improvised explosive devices, and details on the
execution of this Fund: Provided further, That the Secretary
of Defense may transfer funds provided herein to
appropriations for Operation and maintenance; Procurement;
Research, development, test and evaluation; and defense
working capital funds to accomplish the purpose provided
herein: Provided further, That amounts transferred shall be
merged with and available for the same purposes and time
period as the appropriations to which transferred: Provided
further, That this transfer authority is in addition to any
other transfer authority available to the Department of
Defense: Provided further, That the Secretary of Defense
shall, not fewer than 5 days prior to making transfers from
this appropriation, notify the congressional defense
committees in writing of the details of any such transfer.
Office of the Inspector General
For expenses and activities of the Office of the Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $225,995,000, of which
$224,995,000 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, $709,376,000: Provided, That of the funds
appropriated under this heading, $16,000,000 shall be
transferred to the Department of Justice for the National
Drug Intelligence Center.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 8002. During the current fiscal year, provisions of
law prohibiting the payment of compensation to, or employment
of, any person not a citizen of the United States shall not
apply to personnel of the Department of Defense: Provided,
That salary increases granted to direct and indirect hire
foreign national employees of the Department of Defense
funded by this Act shall not be at a rate in excess of the
percentage increase authorized by law for civilian employees
of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or
at a rate in excess of the percentage increase provided by
the appropriate host nation to its own employees, whichever
is higher: Provided further, That this section shall not
apply to Department of Defense foreign service national
employees serving at United States diplomatic missions whose
pay is set by the Department of State under the Foreign
Service Act of 1980: Provided further, That the limitations
of this provision shall not apply to foreign national
employees of the Department of Defense in the Republic of
Turkey.
Sec. 8003. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year, unless expressly so provided herein.
Sec. 8004. No more than 20 percent of the appropriations in
this Act which are limited for obligation during the current
fiscal year shall be obligated during the last 2 months of
the fiscal year: Provided, That this section shall not apply
to obligations for support of active duty training of reserve
components or summer camp training of the Reserve Officers'
Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense
that such action is necessary in the national interest, he
may, with the approval of the Office of Management and
Budget, transfer not to exceed $3,700,000,000 of working
capital funds of the Department of Defense or funds made
available in this Act to the Department of Defense for
military functions (except military construction) between
such appropriations or funds or any subdivision thereof, to
be merged with and to be available for the same purposes, and
for the same time period, as the appropriation or fund to
which transferred: Provided, That such authority to transfer
may not be used unless for higher priority items,
[[Page S12398]]
based on unforeseen military requirements, than those for
which originally appropriated and in no case where the item
for which funds are requested has been denied by the
Congress: Provided further, That the Secretary of Defense
shall notify the Congress promptly of all transfers made
pursuant to this authority or any other authority in this
Act: Provided further, That no part of the funds in this Act
shall be available to prepare or present a request to the
Committees on Appropriations for reprogramming of funds,
unless for higher priority items, based on unforeseen
military requirements, than those for which originally
appropriated and in no case where the item for which
reprogramming is requested has been denied by the Congress:
Provided further, That a request for multiple reprogrammings
of funds using authority provided in this section must be
made prior to June 30, 2008: Provided further, That transfers
among military personnel appropriations shall not be taken
into account for purposes of the limitation on the amount of
funds that may be transferred under this section: Provided
further, That no obligation of funds may be made pursuant to
section 1206 of Public Law 109-163 (or any successor
provision) unless the Secretary of Defense has notified the
congressional defense committees prior to any such
obligation.
Sec. 8006. The Secretaries of the Air Force and the Army
are authorized, using funds available under the heading
``Operation and Maintenance, Air Force'' and ``Operation and
Maintenance, Army'', to complete phased repair projects, of
which repairs may include upgrades and additions to Alaskan
range infrastructure and training areas, to include improved
access to these ranges.
(transfer of funds)
Sec. 8007. During the current fiscal year, cash balances in
working capital funds of the Department of Defense
established pursuant to section 2208 of title 10, United
States Code, may be maintained in only such amounts as are
necessary at any time for cash disbursements to be made from
such funds: Provided, That transfers may be made between such
funds: Provided further, That transfers may be made between
working capital funds and the ``Foreign Currency
Fluctuations, Defense'' appropriation and the ``Operation and
Maintenance'' appropriation accounts in such amounts as may
be determined by the Secretary of Defense, with the approval
of the Office of Management and Budget, except that such
transfers may not be made unless the Secretary of Defense has
notified the Congress of the proposed transfer. Except in
amounts equal to the amounts appropriated to working capital
funds in this Act, no obligations may be made against a
working capital fund to procure or increase the value of war
reserve material inventory, unless the Secretary of Defense
has notified the Congress prior to any such obligation.
Sec. 8008. Funds appropriated by this Act may not be used
to initiate a special access program without prior
notification 30 calendar days in advance to the congressional
defense committees.
Sec. 8009. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs
economic order quantity procurement in excess of $20,000,000
in any 1 year of the contract or that includes an unfunded
contingent liability in excess of $20,000,000; or (2) a
contract for advance procurement leading to a multiyear
contract that employs economic order quantity procurement in
excess of $20,000,000 in any 1 year, 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:
M1A2 Abrams System Enhancement Package Upgrades; M2A3/M3A3
Bradley Upgrades; and SSN Virginia Class Submarine.
Sec. 8010. Within the funds appropriated for the operation
and maintenance of the Armed Forces, funds are hereby
appropriated pursuant to section 401 of title 10, United
States Code, for humanitarian and civic assistance costs
under chapter 20 of title 10, United States Code. Such funds
may also be obligated for humanitarian and civic assistance
costs incidental to authorized operations and pursuant to
authority granted in section 401 of chapter 20 of title 10,
United States Code, and these obligations shall be reported
as required by section 401(d) of title 10, United States
Code: Provided, That funds available for operation and
maintenance shall be available for providing humanitarian and
similar assistance by using Civic Action Teams in the Trust
Territories of the Pacific Islands and freely associated
states of Micronesia, pursuant to the Compact of Free
Association as authorized by Public Law 99-239: Provided
further, That upon a determination by the Secretary of the
Army that such action is beneficial for graduate medical
education programs conducted at Army medical facilities
located in Hawaii, the Secretary of the Army may authorize
the provision of medical services at such facilities and
transportation to such facilities, on a nonreimbursable
basis, for civilian patients from American Samoa, the
Commonwealth of the Northern Mariana Islands, the Marshall
Islands, the Federated States of Micronesia, Palau, and Guam.
Sec. 8011. (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. 8012. 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. 8013. None of the funds appropriated by this Act shall
be available for the basic pay and allowances of any member
of the Army participating as a full-time student and
receiving benefits paid by the Secretary of Veterans Affairs
from the Department of Defense Education Benefits Fund when
time spent as a full-time student is credited toward
completion of a service commitment: Provided, That this
section shall not apply to those members who have reenlisted
with this option prior to October 1, 1987: Provided further,
That this section applies only to active components of the
Army.
Sec. 8014. (a) None of the funds appropriated by this Act
shall be available to convert to contractor performance an
activity or function of the Department of Defense that, on or
after the date of the enactment of this Act, is performed by
more than 10 Department of Defense civilian employees
unless--
(1) the conversion is based on the result of a public-
private competition that includes a most efficient and cost
effective organization plan developed by such activity or
function;
(2) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers
for performance of the activity or function, the cost of
performance of the activity or function by a contractor would
be less costly to the Department of Defense by an amount that
equals or exceeds the lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that activity or
function by Federal employees; or
(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)).
[[Page S12399]]
(2) This section shall not apply to depot contracts or
contracts for depot maintenance as provided in sections 2469
and 2474 of title 10, United States Code.
(c) The conversion of any activity or function of the
Department of Defense under the authority provided by this
section shall be credited toward any competitive or
outsourcing goal, target, or measurement that may be
established by statute, regulation, or policy and is deemed
to be awarded under the authority of, and in compliance with,
subsection (h) of section 2304 of title 10, United States
Code, for the competition or outsourcing of commercial
activities.
(transfer of funds)
Sec. 8015. 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. 8016. None of the funds in this Act may be available
for the purchase by the Department of Defense (and its
departments and agencies) of welded shipboard anchor and
mooring chain 4 inches in diameter and under unless the
anchor and mooring chain are manufactured in the United
States from components which are substantially manufactured
in the United States: Provided, That for the purpose of this
section manufactured will include cutting, heat treating,
quality control, testing of chain and welding (including the
forging and shot blasting process): Provided further, That
for the purpose of this section substantially all of the
components of anchor and mooring chain shall be considered to
be produced or manufactured in the United States if the
aggregate cost of the components produced or manufactured in
the United States exceeds the aggregate cost of the
components produced or manufactured outside the United
States: Provided further, That when adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis, the Secretary of the service
responsible for the procurement may waive this restriction on
a case-by-case basis by certifying in writing to the
Committees on Appropriations that such an acquisition must be
made in order to acquire capability for national security
purposes.
Sec. 8017. 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. 8018. No more than $500,000 of the funds appropriated
or made available in this Act shall be used during a single
fiscal year for any single relocation of an organization,
unit, activity or function of the Department of Defense into
or within the National Capital Region: Provided, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the congressional
defense committees that such a relocation is required in the
best interest of the Government.
Sec. 8019. In addition to the funds provided elsewhere in
this Act, $15,000,000 is appropriated only for incentive
payments authorized by section 504 of the Indian Financing
Act of 1974 (25 U.S.C. 1544): Provided, That a prime
contractor or a subcontractor at any tier that makes a
subcontract award to any subcontractor or supplier as defined
in section 1544 of title 25, United States Code, or a small
business owned and controlled by an individual or individuals
defined under section 4221(9) of title 25, United States
Code, shall be considered a contractor for the purposes of
being allowed additional compensation under section 504 of
the Indian Financing Act of 1974 (25 U.S.C. 1544) whenever
the prime contract or subcontract amount is over $500,000 and
involves the expenditure of funds appropriated by an Act
making Appropriations for the Department of Defense with
respect to any fiscal year: Provided further, That
notwithstanding section 430 of title 41, United States Code,
this section shall be applicable to any Department of Defense
acquisition of supplies or services, including any contract
and any subcontract at any tier for acquisition of commercial
items produced or manufactured, in whole or in part by any
subcontractor or supplier defined in section 1544 of title
25, United States Code, or a small business owned and
controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code.
Sec. 8020. 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. 8021. 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. 8022. 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. 8023. (a) Of the funds made available in this Act, not
less than $31,905,000 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) $4,477,000 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. 8024. (a) None of the funds appropriated in this Act
are available to establish a new Department of Defense
(department) federally funded research and development center
(FFRDC), either as a new entity, or as a separate entity
administrated by an organization managing another FFRDC, or
as a nonprofit membership corporation consisting of a
consortium of other FFRDCs and other non-profit entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or
any similar entity of a defense FFRDC, and no paid consultant
to any defense FFRDC, except when acting in a technical
advisory capacity, may be compensated for his or her services
as a member of such entity, or as a paid consultant by more
than one FFRDC in a fiscal year: Provided, That a member of
any such entity referred to previously in this subsection
shall be allowed travel expenses and per diem as authorized
under the Federal Joint Travel Regulations, when engaged in
the performance of membership duties.
(c) Notwithstanding any other provision of law, none of the
funds available to the department from any source during
fiscal year 2008 may be used by a defense FFRDC, through a
fee or other payment mechanism, for construction of new
buildings, for payment of cost sharing for projects funded by
Government grants, for absorption of contract overruns, or
for certain charitable contributions, not to include employee
participation in community service and/or development.
(d) Notwithstanding any other provision of law, of the
funds available to the department during fiscal year 2008,
not more than 5,517 staff years of technical effort (staff
years) may be funded for defense FFRDCs: Provided, That of
the specific amount referred to previously in this
subsection, not more than 1,060 staff years may be funded for
the defense studies and analysis FFRDCs: Provided further,
That this subsection shall not apply to staff years funded in
the National Intelligence Program (NIP) and the Military
Intelligence Program (MIP).
(e) The Secretary of Defense shall, with the submission of
the department's fiscal year 2009 budget request, submit a
report presenting the specific amounts of staff years of
technical effort to be allocated for each defense FFRDC
during that fiscal year and the associated budget estimates.
(f) Notwithstanding any other provision of this Act, the
total amount appropriated in this Act for FFRDCs is hereby
reduced by $53,428,000.
Sec. 8025. None of the funds appropriated or made available
in this Act shall be used to procure carbon, alloy or armor
steel plate for use in any Government-owned facility or
property under the control of the Department of Defense which
were not melted and rolled in the United States or Canada:
Provided, That these procurement restrictions shall apply to
any and all Federal Supply Class 9515, American Society of
Testing and Materials (ASTM) or American Iron and Steel
Institute (AISI) specifications of carbon, alloy or armor
steel plate: Provided further, That the Secretary of the
military department responsible for the procurement may waive
this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes: Provided further, That these restrictions
shall not apply to contracts which are in being as of the
date of the enactment of this Act.
Sec. 8026. For the purposes of this Act, the term
``congressional defense committees'' means the Armed Services
Committee of the House of Representatives, the Armed Services
Committee of the Senate, the 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. 8027. During the current fiscal year, the Department
of Defense may acquire the modification, depot maintenance
and repair of aircraft, vehicles and vessels as well as the
production of components and other Defense-related articles,
through competition between Department of Defense depot
maintenance activities and private firms: Provided, That the
Senior Acquisition Executive of the military department or
Defense Agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of
all direct and indirect costs for both public and private
bids: Provided further, That Office of Management and Budget
Circular A-76 shall not apply to competitions conducted under
this section.
Sec. 8028. (a)(1) If the Secretary of Defense, after
consultation with the United States Trade Representative,
determines that a foreign country which is party to an
agreement described in paragraph (2) has violated the terms
of the agreement by discriminating against certain types of
products produced in the United States that are covered by
the agreement, the Secretary
[[Page S12400]]
of Defense shall rescind the Secretary's blanket waiver of
the Buy American Act with respect to such types of products
produced in that foreign country.
(2) An agreement referred to in paragraph (1) is any
reciprocal defense procurement memorandum of understanding,
between the United States and a foreign country pursuant to
which the Secretary of Defense has prospectively waived the
Buy American Act for certain products in that country.
(b) The Secretary of Defense shall submit to the Congress a
report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2008. Such report shall
separately indicate the dollar value of items for which the
Buy American Act was waived pursuant to any agreement
described in subsection (a)(2), the Trade Agreement Act of
1979 (19 U.S.C. 2501 et seq.), or any international agreement
to which the United States is a party.
(c) For purposes of this section, the term ``Buy American
Act'' means title III of the Act entitled ``An Act making
appropriations for the Treasury and Post Office Departments
for the fiscal year ending June 30, 1934, and for other
purposes'', approved March 3, 1933 (41 U.S.C. 10a et seq.).
Sec. 8029. 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. 8030. 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. 8031. (a) Notwithstanding any other provision of law,
the Secretary of the Air Force may convey at no cost to the
Air Force, without consideration, to Indian tribes located in
the States of North Dakota, South Dakota, Montana, and
Minnesota relocatable military housing units located at Grand
Forks Air Force Base and Minot Air Force Base that are excess
to the needs of the Air Force.
(b) The Secretary of the Air Force shall convey, at no cost
to the Air Force, military housing units under subsection (a)
in accordance with the request for such units that are
submitted to the Secretary by the Operation Walking Shield
Program on behalf of Indian tribes located in the States of
North Dakota, South Dakota, Montana, and Minnesota.
(c) The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian tribes for housing units
under subsection (a) before submitting requests to the
Secretary of the Air Force under subsection (b).
(d) In this section, the term ``Indian tribe'' means any
recognized Indian tribe included on the current list
published by the Secretary of the Interior under section 104
of the Federally Recognized Indian Tribe Act of 1994 (Public
Law 103-454; 108 Stat. 4792; 25 U.S.C. 479a-1).
Sec. 8032. 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. 8033. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of
Defense Working Capital Funds shall be used for the purchase
of an investment item for the purpose of acquiring a new
inventory item for sale or anticipated sale during the
current fiscal year or a subsequent fiscal year to customers
of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of
Defense Business Operations Fund during fiscal year 1994 and
if the purchase of such an investment item would be
chargeable during the current fiscal year to appropriations
made to the Department of Defense for procurement.
(b) The fiscal year 2009 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2009 Department of
Defense budget shall be prepared and submitted to the
Congress on the basis that any equipment which was classified
as an end item and funded in a procurement appropriation
contained in this Act shall be budgeted for in a proposed
fiscal year 2009 procurement appropriation and not in the
supply management business area or any other area or category
of the Department of Defense Working Capital Funds.
Sec. 8034. None of the funds appropriated by this Act for
programs of the Central Intelligence Agency shall remain
available for obligation beyond the current fiscal year,
except for funds appropriated for the Reserve for
Contingencies, which shall remain available until September
30, 2009: Provided, That funds appropriated, transferred, or
otherwise credited to the Central Intelligence Agency Central
Services Working Capital Fund during this or any prior or
subsequent fiscal year shall remain available until expended:
Provided further, That any funds appropriated or transferred
to the Central Intelligence Agency for advanced research and
development acquisition, for agent operations, and for covert
action programs authorized by the President under section 503
of the National Security Act of 1947, as amended, shall
remain available until September 30, 2009.
Sec. 8035. 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. 8036. 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. 8037. (a) None of the funds appropriated in this Act
may be expended by an entity of the Department of Defense
unless the entity, in expending the funds, complies with the
Buy American Act. For purposes of this subsection, the term
``Buy American Act'' means title III of the Act entitled ``An
Act making appropriations for the Treasury and Post Office
Departments for the fiscal year ending June 30, 1934, and for
other purposes'', approved March 3, 1933 (41 U.S.C. 10a et
seq.).
(b) If the Secretary of Defense determines that a person
has been convicted of intentionally affixing a label bearing
a ``Made in America'' inscription to any product sold in or
shipped to the United States that is not made in America, the
Secretary shall determine, in accordance with section 2410f
of title 10, United States Code, whether the person should be
debarred from contracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of
the Congress that any entity of the Department of Defense, in
expending the appropriation, purchase only American-made
equipment and products, provided that American-made equipment
and products are cost-competitive, quality-competitive, and
available in a timely fashion.
Sec. 8038. None of the funds appropriated by this Act shall
be available for a contract for studies, analysis, or
consulting services entered into without competition on the
basis of an unsolicited proposal unless the head of the
activity responsible for the procurement determines--
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work;
(2) the purpose of the contract is to explore an
unsolicited proposal which offers significant scientific or
technological promise, represents the product of original
thinking, and was submitted in confidence by one source; or
(3) the purpose of the contract is to take advantage of
unique and significant industrial accomplishment by a
specific concern, or to insure that a new product or idea of
a specific concern is given financial support: Provided, That
this limitation shall not apply to contracts in an amount of
less than $25,000, contracts related to improvements of
equipment that is in development or production, or contracts
as to which a civilian official of the Department of Defense,
who has been confirmed by the Senate, determines that the
award of such contract is in the interest of the national
defense.
Sec. 8039. (a) Except as provided in subsection (b) and
(c), none of the funds made available by this Act may be
used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee's place of duty remains at the location of that
headquarters.
(b) The Secretary of Defense or Secretary of a military
department may waive the limitations in subsection (a), on a
case-by-case basis, if the Secretary determines, and
certifies to the Committees on Appropriations of the House of
Representatives and Senate that the granting of the waiver
will reduce the personnel requirements or the financial
requirements of the department.
(c) This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program; or
(2) an Army field operating agency established to
eliminate, mitigate, or counter the effects of improvised
explosive devices, and, as determined by the Secretary of the
Army, other similar threats.
Sec. 8040. 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 report of the Committee on Appropriations of the
Senate accompanying this Act.
(rescissions)
Sec. 8041. Of the funds appropriated in Department of
Defense Appropriations Acts, the following funds are hereby
rescinded from the following accounts and programs in the
specified amounts:
``Procurement, Marine Corps, 2006/2008'', $15,000,000;
``Missile Procurement, Army, 2007/2009'', $18,100,000;
``Procurement, Defense-Wide, 2007/2009'', $15,913,000;
``Research, Development, Test and Evaluation, Army, 2007/
2008'', $13,300,000;
``Research, Development, Test and Evaluation, Air Force,
2007/2008'', $75,000,000;
``Research, Development, Test and Evaluation, Defense-Wide,
2007/2008'', $144,000,000;
``Shipbuilding and Conversion, Navy, 2007/2011'',
$300,000,000; and
``Aircraft Procurement, Air Force, 2007/2009'',
$72,000,000.
Sec. 8042. 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, the Air
National Guard, Army Reserve and Air Force Reserve for the
purpose of applying any administratively imposed civilian
personnel ceiling, freeze, or reduction on military
(civilian) technicians, unless
[[Page S12401]]
such reductions are a direct result of a reduction in
military force structure.
Sec. 8043. 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. 8044. 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. 8045. During the current fiscal year, none of the
funds appropriated in this Act may be used to reduce the
civilian medical and medical support personnel assigned to
military treatment facilities below the September 30, 2003,
level: Provided, That the Service Surgeons General may waive
this section by certifying to the congressional defense
committees that the beneficiary population is declining in
some catchment areas and civilian strength reductions may be
consistent with responsible resource stewardship and
capitation-based budgeting.
Sec. 8046. (a) None of the funds available to the
Department of Defense for any fiscal year for drug
interdiction or counter-drug activities may be transferred to
any other department or agency of the United States except as
specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence
Agency for any fiscal year for drug interdiction and counter-
drug activities may be transferred to any other department or
agency of the United States except as specifically provided
in an appropriations law.
Sec. 8047. None of the funds appropriated by this Act may
be used for the procurement of ball and roller bearings other
than those produced by a domestic source and of domestic
origin: Provided, That the Secretary of the military
department responsible for such procurement may waive this
restriction on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of
Representatives and the Senate, that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes: Provided further, That this restriction
shall not apply to the purchase of ``commercial items'', as
defined by section 4(12) of the Office of Federal Procurement
Policy Act, except that the restriction shall apply to ball
or roller bearings purchased as end items.
Sec. 8048. None of the funds in this Act may be used to
purchase any supercomputer which is not manufactured in the
United States, unless the Secretary of Defense certifies to
the congressional defense committees that such an acquisition
must be made in order to acquire capability for national
security purposes that is not available from United States
manufacturers.
Sec. 8049. None of the funds made available in this or any
other Act may be used to pay the salary of any officer or
employee of the Department of Defense who 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. 8050. (a) Notwithstanding any other provision of law,
none of the funds available to the Department of Defense for
the current fiscal year may be obligated or expended to
transfer to another nation or an international organization
any defense articles or services (other than intelligence
services) for use in the activities described in subsection
(b) unless the congressional defense committees, the
Committee on International Relations of the House of
Representatives, and the Committee on Foreign Relations of
the Senate are notified 15 days in advance of such transfer.
(b) This section applies to--
(1) any international peacekeeping or peace-enforcement
operation under the authority of chapter VI or chapter VII of
the United Nations Charter under the authority of a United
Nations Security Council resolution; and
(2) any other international peacekeeping, peace-
enforcement, or humanitarian assistance operation.
(c) A notice under subsection (a) shall include the
following:
(1) A description of the equipment, supplies, or services
to be transferred.
(2) A statement of the value of the equipment, supplies, or
services to be transferred.
(3) In the case of a proposed transfer of equipment or
supplies--
(A) a statement of whether the inventory requirements of
all elements of the Armed Forces (including the reserve
components) for the type of equipment or supplies to be
transferred have been met; and
(B) a statement of whether the items proposed to be
transferred will have to be replaced and, if so, how the
President proposes to provide funds for such replacement.
Sec. 8051. 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. 8052. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the
heading ``Operation and Maintenance, Defense-Wide'' may be
transferred to appropriations available for the pay of
military personnel, to be merged with, and to be available
for the same time period as the appropriations to which
transferred, to be used in support of such personnel in
connection with support and services for eligible
organizations and activities outside the Department of
Defense pursuant to section 2012 of title 10, United States
Code.
Sec. 8053. 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 1 percent of the total
appropriation for that account.
Sec. 8054. (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. 8055. Using funds available by this Act or any other
Act, the Secretary of the Air Force, pursuant to a
determination under section 2690 of title 10, United States
Code, may implement cost-effective agreements for required
heating facility modernization in the Kaiserslautern Military
Community in the Federal Republic of Germany: Provided, That
in the City of Kaiserslautern such agreements will include
the use of United States anthracite as the base load energy
for municipal district heat to the United States Defense
installations: Provided further, That at Landstuhl Army
Regional Medical Center and Ramstein Air Base, furnished heat
may be obtained from private, regional or municipal services,
if provisions are included for the consideration of United
States coal as an energy source.
Sec. 8056. None of the funds appropriated in title IV of
this Act may be used to procure end-items for delivery to
military forces for operational training, operational use or
inventory requirements: Provided, That this restriction does
not apply to end-items used in development, prototyping, and
test activities preceding and leading to acceptance for
operational use: Provided further, That this restriction does
not apply to programs funded within the National Intelligence
Program: Provided further, That the Secretary of Defense may
waive this restriction on a case-by-case basis by certifying
in writing to the Committees on Appropriations of the House
of Representatives and the Senate that it is in the national
security interest to do so.
Sec. 8057. Notwithstanding any other provision of law,
funds available to the Department of Defense in this Act
shall be made available to provide transportation of medical
supplies and equipment, on a nonreimbursable basis, to
American Samoa, and funds available to the 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. 8058. None of the funds made available in this Act may
be used to approve or license the sale of the F-22A advanced
tactical fighter to any foreign government.
Sec. 8059. (a) The Secretary of Defense may, on a case-by-
case basis, waive with respect to a foreign country each
limitation on the procurement of defense items from foreign
sources provided in law if the Secretary determines that the
application of the limitation with respect to that country
would invalidate cooperative programs entered into between
the Department of Defense
[[Page S12402]]
and the foreign country, or would invalidate reciprocal trade
agreements for the procurement of defense items entered into
under section 2531 of title 10, United States Code, and the
country does not discriminate against the same or similar
defense items produced in the United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason
other than the application of a waiver granted under
subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings,
food, and clothing or textile materials as defined by section
11 (chapters 50-65) of the Harmonized Tariff Schedule and
products classified under headings 4010, 4202, 4203, 6401
through 6406, 6505, 7019, 7218 through 7229, 7304.41 through
7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 8211,
8215, and 9404.
Sec. 8060. (a) None of the funds made available by this Act
may be used to support any training program involving a unit
of the security forces of a foreign country if the Secretary
of Defense has received credible information from the
Department of State that the unit has committed a gross
violation of human rights, unless all necessary corrective
steps have been taken.
(b) The Secretary of Defense, in consultation with the
Secretary of State, shall ensure that prior to a decision to
conduct any training program referred to in subsection (a),
full consideration is given to all credible information
available to the Department of State relating to human rights
violations by foreign security forces.
(c) The Secretary of Defense, after consultation with the
Secretary of State, may waive the prohibition in subsection
(a) if he determines that such waiver is required by
extraordinary circumstances.
(d) Not more than 15 days after the exercise of any waiver
under subsection (c), the Secretary of Defense shall submit a
report to the congressional defense committees describing the
extraordinary circumstances, the purpose and duration of the
training program, the United States forces and the foreign
security forces involved in the training program, and the
information relating to human rights violations that
necessitates the waiver.
Sec. 8061. None of the funds appropriated or made available
in this Act to the Department of the Navy shall be used to
develop, lease or procure the T-AKE class of ships unless the
main propulsion diesel engines and propulsors are
manufactured in the United States by a domestically operated
entity: Provided, That the Secretary of Defense may waive
this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes or there exists a significant cost or
quality difference.
Sec. 8062. 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. 8063. Notwithstanding any other provision of law,
funds appropriated in this Act under the heading ``Research,
Development, Test and Evaluation, Defense-Wide'' for any new
start advanced concept technology demonstration project or
joint capability demonstration project may only be obligated
30 days after a report, including a description of the
project, the planned acquisition and transition strategy and
its estimated annual and total cost, has been provided in
writing to the congressional defense committees: Provided,
That the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying to the congressional defense
committees that it is in the national interest to do so.
Sec. 8064. 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. 8065. Beginning in the current fiscal year and
hereafter, refunds attributable to the use of the Government
travel card, refunds attributable to the use of the
Government Purchase Card and refunds attributable to official
Government travel arranged by Government Contracted Travel
Management Centers may be credited to operation and
maintenance, and research, development, test and evaluation
accounts of the Department of Defense which are current when
the refunds are received.
Sec. 8066. (a) None of the funds appropriated in this Act
may be used for a mission critical or mission essential
financial management information technology system (including
a system funded by the defense working capital fund) that is
not registered with the Chief Information Officer of the
Department of Defense. A system shall be considered to be
registered with that officer upon the furnishing to that
officer of notice of the system, together with such
information concerning the system as the Secretary of Defense
may prescribe. A financial management information technology
system shall be considered a mission critical or mission
essential information technology system as defined by the
Under Secretary of Defense (Comptroller).
(b)(1) During the current fiscal year, a financial
management automated information system, a mixed information
system supporting financial and non-financial systems, or a
system improvement of more than $1,000,000 may not receive
Milestone A approval, Milestone B approval, or full rate
production, or their equivalent, within the Department of
Defense until the Under Secretary of Defense (Comptroller)
certifies, with respect to that milestone, that the system is
being developed and managed in accordance with the
Department's Financial Management Modernization Plan. The
Under Secretary of Defense (Comptroller) may require
additional certifications, as appropriate, with respect to
any such system.
(2) The Chief Information Officer shall provide the
congressional defense committees timely notification of
certifications under paragraph (1).
(c)(1) During the current fiscal year, a major automated
information system may not receive Milestone A approval,
Milestone B approval, or full rate production approval, or
their equivalent, within the Department of Defense until the
Chief Information Officer certifies, with respect to that
milestone, that the system is being developed in accordance
with the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.).
The Chief Information Officer may require additional
certifications, as appropriate, with respect to any such
system.
(2) The Chief Information Officer shall provide the
congressional defense committees timely notification of
certifications under paragraph (1). Each such notification
shall include a statement confirming that the following steps
have been taken with respect to the system:
(A) Business process reengineering.
(B) An analysis of alternatives.
(C) An economic analysis that includes a calculation of the
return on investment.
(D) Performance measures.
(E) An information assurance strategy consistent with the
Department's Global Information Grid.
(d) For purposes of this section:
(1) The term ``Chief Information Officer'' means the senior
official of the Department of Defense designated by the
Secretary of Defense pursuant to section 3506 of title 44,
United States Code.
(2) The term ``information technology system'' has the
meaning given the term ``information technology'' in section
5002 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401).
Sec. 8067. During the current fiscal year, none of the
funds available to the Department of Defense may be used to
provide support to another department or agency of the United
States if such department or agency is more than 90 days in
arrears in making payment to the Department of Defense for
goods or services previously provided to such department or
agency on a reimbursable basis: Provided, That this
restriction shall not apply if the department is authorized
by law to provide support to such department or agency on a
nonreimbursable basis, and is providing the requested support
pursuant to such authority: Provided further, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senate
that it is in the national security interest to do so.
Sec. 8068. Notwithstanding section 12310(b) of title 10,
United States Code, a Reserve who is a member of the National
Guard serving on full-time National Guard duty under section
502(f) of title 32 may perform duties in support of the
ground-based elements of the National Ballistic Missile
Defense System.
Sec. 8069. None of the funds provided in this Act may be
used to transfer to any nongovernmental entity ammunition
held by the Department of Defense that has a center-fire
cartridge and a United States military 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. 8070. 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 1 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. 8071. None of the funds appropriated by this Act shall
be used for the support of any nonappropriated funds activity
of the Department of Defense that procures malt beverages and
wine with nonappropriated funds for resale (including such
alcoholic beverages sold by the drink) on a military
installation located in the United 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:
[[Page S12403]]
Provided further, That such local procurement requirements
for malt beverages and wine shall apply to all alcoholic
beverages only for military installations in States which are
not contiguous with another State: 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. 8072. 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. 8073. Of the amounts appropriated in this Act under
the heading ``Operation and Maintenance, Army'', $34,500,000
shall remain available until expended: Provided, That
notwithstanding any other provision of law, the Secretary of
Defense is authorized to transfer such funds to other
activities of the Federal Government: Provided further, That
the Secretary of Defense is authorized to enter into and
carry out contracts for the acquisition of real property,
construction, personal services, and operations related to
projects carrying out the purposes of this section: Provided
further, That contracts entered into under the authority of
this section may provide for such indemnification as the
Secretary determines to be necessary: Provided further, That
projects authorized by this section shall comply with
applicable Federal, State, and local law to the maximum
extent consistent with the national security, as determined
by the Secretary of Defense.
Sec. 8074. 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. 8075. 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. 8076. (a) The Secretary of Defense, in coordination
with the Secretary of Health and Human Services, may carry
out a program to distribute surplus dental and medical
equipment of the Department of Defense, at no cost to the
Department of Defense, to Indian Health Service facilities
and to federally-qualified health centers (within the meaning
of section 1905(l)(2)(B) of the Social Security Act (42
U.S.C. 1396d(l)(2)(B))).
(b) In carrying out this provision, the Secretary of
Defense shall give the Indian Health Service a property
disposal priority equal to the priority given to the
Department of Defense and its twelve special screening
programs in distribution of surplus dental and medical
supplies and equipment.
(including transfer of funds)
Sec. 8077. 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, $15,000,000 shall be available
for an Arrow System Improvement Program-Upper Tier program
for risk mitigation and preliminary design activities to
enhance the Arrow Weapon system, and $42,000,000 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.
Sec. 8078. None of the funds available to the Department of
Defense may be obligated to modify command and control
relationships to give Fleet Forces Command administrative and
operational control of U.S. Navy forces assigned to the
Pacific fleet: Provided, That the command and control
relationships which existed on October 1, 2004, shall remain
in force unless changes are specifically authorized in a
subsequent Act.
Sec. 8079. Notwithstanding any other provision of law or
regulation, the Secretary of Defense may exercise the
provisions of section 7403(g) of title 38, United States
Code, for occupations listed in section 7403(a)(2) of title
38, United States Code, as well as the following:
Pharmacists, Audiologists, Psychologists, Social Workers,
Othotists/Prosthetists, Occupational Therapists, Physical
Therapists, Rehabilitation Therapists, Respiratory
Therapists, Speech Pathologists, Dietitian/Nutritionists,
Industrial Hygienists, Psychology Technicians, Social Service
Assistants, Practical Nurses, Nursing Assistants, and Dental
Hygienists:
(A) The requirements of section 7403(g)(1)(A) of title 38,
United States Code, shall apply.
(B) The limitations of section 7403(g)(1)(B) of title 38,
United States Code, shall not apply.
Sec. 8080. 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. 8081. None of the funds in this Act may be used to
initiate a new start program without prior written
notification to the Office of Secretary of Defense and the
congressional defense committees.
Sec. 8082. In addition to funds made available elsewhere in
this Act, $5,500,000 is hereby appropriated and shall remain
available until expended to provide assistance, by grant or
otherwise (such as, but not limited to, the provision of
funds for repairs, maintenance, construction, and/or for the
purchase of information technology, text books, teaching
resources), to public schools that have unusually high
concentrations of special needs military dependents enrolled:
Provided, That in selecting school systems to receive such
assistance, special consideration shall be given to school
systems in States that are considered overseas assignments,
and all schools within these school systems shall be eligible
for assistance: Provided further, That up to 2 percent of the
total appropriated funds under this section shall be
available to support the administration and execution of the
funds or program and/or events that promote the purpose of
this appropriation (e.g. payment of travel and per diem of
school teachers attending conferences or a meeting that
promotes the purpose of this appropriation and/or consultant
fees for on-site training of teachers, staff, or Joint
Venture Education Forum (JVEF) Committee members): Provided
further, That up to $2,000,000 shall be available for the
Department of Defense to establish a non-profit trust fund to
assist in the public-private funding of public school repair
and maintenance projects, or provide directly to non-profit
organizations who in return will use these monies to provide
assistance in the form of repair, maintenance, or renovation
to public school systems that have high concentrations of
special needs military dependents and are located in States
that are considered overseas assignments: Provided further,
That to the extent a Federal agency provides this assistance,
by contract, grant, or otherwise, it may accept and expend
non-Federal funds in combination with these Federal funds to
provide assistance for the authorized purpose, if the non-
Federal entity requests such assistance and the non-Federal
funds are provided on a reimbursable basis.
Sec. 8083. 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 (8) 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 (7) Stryker Brigade Combat Teams.
Sec. 8084. 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. 8085. The budget of the President for fiscal year 2009
submitted to the Congress pursuant to section 1105 of title
31, United States Code, shall include 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. 8086. 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. 8087. None of the funds appropriated or made available
in this Act shall be used to reduce or disestablish the
operation of the 53rd Weather Reconnaissance 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. 8088. 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
[[Page S12404]]
be handled in accordance with protections provided in the
Fourth Amendment of the United States Constitution as
implemented through Executive Order No. 12333.
Sec. 8089. (a) At the time members of reserve components of
the Armed Forces are called or ordered to active duty under
section 12302(a) of title 10, United States Code, each member
shall be notified in writing of the expected period during
which the member will be mobilized.
(b) The Secretary of Defense may waive the requirements of
subsection (a) in any case in which the Secretary determines
that it is necessary to do so to respond to a national
security emergency or to meet dire operational requirements
of the Armed Forces.
(including transfer of funds)
Sec. 8090. The Secretary of Defense may transfer funds from
any available Department of the Navy appropriation to any
available Navy ship construction appropriation for the
purpose of liquidating necessary changes resulting from
inflation, market fluctuations, or rate adjustments for any
ship construction program appropriated in law: Provided, That
the Secretary may transfer not to exceed $100,000,000 under
the authority provided by this section: Provided further,
That the Secretary may not transfer any funds until 30 days
after the proposed transfer has been reported to the
Committees on Appropriations of the Senate and the House of
Representatives, unless sooner notified by the Committees
that there is no objection to the proposed transfer: Provided
further, That the transfer authority provided by this section
is in addition to any other transfer authority contained
elsewhere in this Act.
Sec. 8091. (a) The total amount appropriated or otherwise
made available in title II of this Act is hereby reduced by
$39,693,000 to limit excessive growth in the travel and
transportation of persons.
(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. 8092. 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. 8093. (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. 8094. 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
Center-East 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 Center-East.
Sec. 8095. 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. 8096. 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. 8097. Up to $15,000,000 of the funds appropriated
under the heading, ``Operation and Maintenance, Navy'' may be
made available for the Asia Pacific Regional Initiative
Program for the purpose of enabling the Pacific Command to
execute Theater Security Cooperation activities such as
humanitarian assistance, and payment of incremental and
personnel costs of training and exercising with foreign
security forces: Provided, That funds made available for this
purpose may be used, notwithstanding any other funding
authorities for humanitarian assistance, security assistance
or combined exercise expenses: Provided further, That funds
may not be obligated to provide assistance to any foreign
country that is otherwise prohibited from receiving such type
of assistance under any other provision of law.
Sec. 8098. 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. 8099. 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. 8100. 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. 8101. None of the funds appropriated by this Act for
programs of the Office of the Director of National
Intelligence shall remain available for obligation beyond the
current fiscal year, except for funds appropriated for
research and technology, which shall remain available until
September 30, 2009.
Sec. 8102. For purposes of section 1553(b) of title 31,
United States Code, any subdivision of appropriations made in
this Act under the heading ``Shipbuilding and Conversion,
Navy'' shall be considered to be for the same purpose as any
subdivision under the heading ``Shipbuilding and Conversion,
Navy'' appropriations in any prior fiscal year, and the 1
percent limitation shall apply to the total amount of the
appropriation.
Sec. 8103. 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. 8104. 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. 8105. (a) Notwithstanding any other provision of law,
the Department of Defense shall complete work on the
destruction of the United States stockpile of lethal chemical
agents and munitions, including those stored at Blue Grass
Army Depot, Kentucky, and Pueblo Chemical Depot, Colorado, by
the deadline established by the Chemical Weapons Convention,
and in no circumstances later than December 31, 2017.
(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
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. 8106. Not later than 90 days after enactment of this
Act, the Secretary of Defense and the Secretary of Energy
shall jointly submit a classified report to the congressional
defense committees and to the Subcommittees on Energy and
Water Development of the Senate and House Appropriations
Committees on the policies and procedures governing the
storage and logistic movement of U.S. nuclear weapons and
nuclear components through all phases of the nuclear weapons
cycle from cradle to grave: Provided, That the report shall
include a review and evaluation of the suitability and
effectiveness of--
(1) The standards and procedures for ensuring
accountability of nuclear weapons and components.
(2) The standards and procedures for the transfer of
custody of nuclear weapons.
(3) The documentation used for the purpose of property
accountability, custody receipting, and shipping
transactions.
(4) The standards and procedures for nuclear surety
inspections.
(5) The training of all personnel involved in the handling,
management, and accountability of nuclear weapons and
components.
This Act may be cited as the ``Department of Defense
Appropriations Act, 2008''.
Mr. INOUYE. Mr. President, I ask unanimous consent that the
committee-reported substitute amendment
[[Page S12405]]
be considered and agreed to, the bill, as amended, be considered as
original text for the purpose of further amendment, and that no points
of order be considered waived by this agreement.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
The committee amendment in the nature of a substitute was agreed to.
Mr. INOUYE. Mr. President, I rise today to discuss H.R. 3222, a bill
making appropriations for the Department of Defense for Fiscal Year
2008. The bill that I present on behalf of the Appropriations Committee
was approved unanimously by the Committee on September 12. Senator
Stevens and I crafted this bill together in a bipartisan fashion. It
appropriates $459.6 billion in new budget authority which is equal to
the subcommittee's 302b allocation. This amount is $3.5 billion less
than the funding requested by the administration, not including
supplemental spending for the cost of war. It is the same level as
recommended by the House.
I say to my colleagues this is a good bill, one that is critical for
our Nation's defense. We believe it meets the Senate's priorities:
ensuring readiness, protecting our forces, and acquiring the critical
equipment that our service men and women need and deserve.
The bill fully funds a 3.5 percent military and civilian pay raise, a
half percent more than requested.
It recommends adding nearly $950 million for the Defense Health
Program to ensure that the health of our military families is
protected. This includes $486 million above the budget request to
support our military hospitals which suffer from significant shortfalls
and are stressed by our wounded heroes returning from war.
The Appropriations Committee included $1 billion above the
President's request to purchase equipment for our National Guard and
Reserves recognizing the serious shortfalls that exist in our reserve
components.
It fully funds the Army's highest priority, the Future Combat System.
It supports the purchase of 20 F-22s and 12 Joint Strike Fighters as
requested.
The bill includes $470 million to support a multi-year purchase of
the Virginia class submarine, and provides full funding for the V-22
for the Marines.
It would fund the authorized level for the Missile Defense Program,
about $300 million below the request.
As my colleagues all know, this is a massive bill, with thousands of
programs. While most of the administration's proposal is funded as
requested, the bill is not a rubberstamp. Senator Stevens and I have
recommended reductions in many programs because of schedule delays,
cost increases, or other similar problems. In each case it is our
judgment that the funds should be reapplied to other areas to address
other urgent needs. In doing so, we have been able to increase funding
for health care, National Guard equipment, a higher pay raise, and many
other worthy initiatives.
We should also raise the subject of earmarks in this measure. As you
know, the Congress passed new legislation which requires that the
committee identify each congressionally directed spending item, which
we commonly refer to as earmarks. I want to point out that this bill
includes more than $4 billion in adds which were not requested by the
President. However, under the definition in S. 1 very few of these
items are earmarks. For example, in many cases, the committee chose to
provide funding for items not because they were requested by a Member
of the Senate, but because of the national merits of the program. Under
the definition in S. 1, these are not earmarks. None the less we have
included in the report the name of all Members who requested such
increases. In fact, to ensure full transparency the committee report
not only lists the few earmarks that are required by law, but includes
any item funded by the committee for which a Member sought an increase
above the President's request. We have gone way beyond the legal
requirement to increase transparency. We have nothing to hide in the
funding that we are recommending in this measure. I am confident the
Members who requested these funds have no reason not to have their
names listed.
Today is October 2. We have already started a new fiscal year. Our
Defense Department is operating on scaled back funding under a short
term continuing resolution. That is no way to provide for our common
defense. It is critical that we expedite the consideration of this
measure to ensure that our men and women in uniform and their families
have the funding they need for their pay, their hospitals, their
housing, and their schools. The funding that we recommend in this
measure to equip our forces is critically needed as soon as possible.
We understand the desire of many Members to address policies which
relate to the war in Iraq. The war is extremely controversial; our
Nation is divided. This matter is so serious it deserves the Senate's
full attention and thoughtful debate, but that will take time. While we
don't all agree on the proper course in Iraq, there remains one thing
in which there is universal agreement. We must support those who are
willing to wear our Nation's uniform and make the sacrifices to protect
the rest of us. That is a huge sacrifice.
We hope that in the coming weeks the Senate will consider a
supplemental spending measure to address funding for the wars in Iraq
and Afghanistan and the global war on terrorism. We would urge our
colleagues to hold off on supplemental related issues until that bill
is considered.
To this end, I have resolved to oppose any amendment which could
jeopardize quick enactment of this bill. We can best show our support
to the military by completing action on the fiscal year 2008 Defense
appropriations bill as quickly as possible. I hope all of my colleagues
will be able to endorse these recommendations and work with us to pass
this legislation. Our men and women in uniform deserve no less.
I yield the floor. I hope the Chair will recognize the vice chairman
of the committee.
The ACTING PRESIDENT pro tempore. The Senator from Alaska is
recognized.
Mr. STEVENS. Mr. President, I am pleased to endorse the comments of
the chairman of our subcommittee regarding this Defense appropriations
bill for fiscal year 2008 to the Senate. This bill does reflect a
bipartisan approach. This is the approach Senator Inouye and I have
always maintained regarding the Department of Defense appropriations.
The fact is this bill was reported out of the full Appropriations
Committee almost 3 weeks ago by a unanimous vote. We hope, as the
chairman of the subcommittee said, to finish this bill this week so we
can proceed to conference as soon as possible after the October recess
for Columbus Day.
Our fiscal year began yesterday. Normally this bill would have been
signed by the President by this time. But it is a matter that still has
extreme urgency, as far as I am concerned, to get it before the
President. As Senator Inouye has said, as a temporary measure we do
have the continuing resolution in place to keep operations ongoing in
the Department of Defense until this bill becomes law. That is a
temporary measure. There are many acquisition activities that simply
cannot be initiated under a continuing resolution. They require an
annual appropriations bill to be enacted.
Under the continuing resolution, there are very limited amounts
available each month to the Department. That is not sufficient to
sustain a force in the field as we have in Afghanistan and Iraq. As a
matter of fact, there are hundreds of thousands of men and women in
uniform deployed throughout the world. They serve our country now in
over 154 countries, and in our own country here, in the United States.
Their bravery and dedication to our country is extraordinary and their
sacrifices do not go unnoticed. We must not lose sight of our
responsibility to support them in an expeditious manner, and
completely. These people depend on us and it is our job to see to it
they have all of the supplies, ammunition, and equipment they need to
carry out their orders.
Each year the Department of Defense faces the critical challenge of
balancing the cost of maintaining high levels of readiness, being ready
to respond to any call wherever it occurs, whenever it is necessary.
This means we must adequately invest in those technologies that will
prepare us for the future, prepare us for the threats of
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tomorrow as well as conduct the activities we have ongoing in those 154
countries and in particular in Iraq and Afghanistan.
The bill Senator Inouye and I present today reflects a prudent
balance among those challenges. I concur--may I say I concur
reluctantly--in Senator Inouye's request that we not have supplemental
items added to this bill. This is the first year we have not had, as
part of the bill, a so-called bridge to cover the transition between
one fiscal year to the next, in terms of the demands of the war. Very
clearly, if we are going to send the MRAPs over to Iraq--these are the
new vehicles that protect lives, that are saving lives--we need funding
in advance. I am told we have over 30 different manufacturers working
on these machines now. They have to be paid. I do believe the
supplemental is absolutely necessary and I am very worried about it. It
is to me a very difficult thing to believe the time might come when we
do not have the money to pay for these MRAPs and they will stay in this
country rather than be taken to Iraq and Afghanistan.
There are other new facilities and equipment that are needed by the
Department of Defense. This is an ongoing. I was talking to my
colleague Sid Ashworth today about the transformation of the military.
At the same time as our people are fighting in Iraq and Afghanistan and
are defending us in these other 152 countries, we face the problem of
transforming our military into the military of the future. New
technologies, new techniques, and new requirements demand change. That
change demands new equipment and new research to assure we have the
basic equipment and technology base we need to protect this country for
the future.
I worry about a process that is slowing down the money that now for 4
years has been presented in a supplemental, an addition to this bill as
it was passed. This will be the first year we have not included that in
the consideration of the appropriations bill. As I said, I am following
the lead of our chairman, but I do believe we cannot go home this year
without providing the money to carry over through the new year and into
the period of next year before we can get another bill passed.
This is, to me, a very serious matter and one I hope to speak on
later, at great length, as a matter of fact. But I do again thank
Senator Inouye, our chairman, for his courtesy, his leadership, and his
friendship as we move this bill to the floor.
We welcome for consideration any amendments our colleagues wish to
present.
I yield the floor.
The ACTING PRESIDENT pro tempore. The Senator from Hawaii.
Mr. INOUYE. Mr. President, on August 2, 2007, by a vote of 83-14, the
Senate approved S. 1, the Honest Leadership and Open Government Act of
2007. The President signed the legislation on September 14, 2007. This
ethics reform legislation will significantly improve the transparency
and accountability of the legislative process.
Pursuant to new rule 44, the chairman of the committee of
jurisdiction is required to certify that certain information related to
congressionally directed spending has been identified.
The required information must be available on a publicly accessible
congressional Web site in a searchable format at least 48 hours before
a vote on the pending bill. In addition, Members who request such items
are required to certify in writing that neither they nor their
immediate family have a pecuniary interest in the items they requested.
And, the committee is required to make those certification letters
available on the Internet.
The information provided includes identification of the
congressionally directed spending and the name of the Senator who
requested such spending.
This information is contained in the committee report numbered 110-
155, dated September 14, 2007, and has been available on the Internet
for 2 weeks. The Member letters concerning pecuniary interest are also
available on the Internet.
I am submitting for the record the certification by the chairman of
the Committee on Appropriations.
I send to the desk such certification and ask unanimous consent it be
printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Senator Byrd: I certify that the information required by
Senate Rule XLIV, related to congressionally directed
spending, has been identified in the Committee report
numbered 110-155, filed on September 14, 2007, and that the
required information has been available on a publicly
accessible congressional website in a searchable format at
least 48 hours before a vote on the pending bill.
Mr. INOUYE. Mr. President, I suggest the absence of a quorum.
The ACTING PRESIDENT pro tempore. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. GRAHAM. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Casey). Without objection, it is so
ordered.
Amendment No. 3117
Mr. GRAHAM. Mr. President, I have an amendment I would like to send
to the desk.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from South Carolina [Mr. Graham], for himself
and Mr. Gregg, Mr. McConnell, Mr. Vitter, Mr. Corker, Mr.
Kyl, Mr. Domenici, Mr. Chambliss, Mr. Cornyn, Mr. Sununu, and
Mr. McCain, proposes an amendment numbered 3117.
Mr. GRAHAM. Mr. President, I ask unanimous consent that the reading
of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To improve the security of United States borders)
At the appropriate place, insert the following:
SEC. __. BORDER SECURITY REQUIREMENTS.
(a) Short Title.--This section may be cited as the ``Border
Security First Act of 2007''.
(b) Appropriations for Border Security.--There is
appropriated, out of any money in the Treasury not otherwise
appropriated, $3,000,000,000 for fiscal year 2008--
(1) to achieve and maintain operational control over the
entire international land and maritime border of the United
States including the ability to monitor such border through
available methods and technology, as authorized under the
Secure Fence Act of 2006 (Public Law 109-367);
(2) to hire and train full-time border patrol agents, as
authorized under section 5202 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458);
(3) to install along the international land border between
the United States and Mexico--
(A) fencing required under section 102(b) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1103 note)); and
(B) vehicle barriers, unmanned aerial vehicles, ground-
based sensors and cameras; and
(4) to remove and detain aliens for overstaying their
visas, illegally reentering the United States, or committing
other crimes for which they would be subject to removal; and
(5) to reimburse States and political subdivisions of a
State, for expenses that are reimbursable under 287(g) of the
Immigration and Nationality Act (8 U.S.C. 1357(g)).
(c) Employment Eligibility Verification.--Of the amounts
appropriated for border security and employment verification
improvements under subsection (b), $60,000,000 shall be made
available for employment eligibility verification, as
authorized under subtitle A of title IV of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1324a note).
(d) Emergency Requirement.--Amounts appropriated under
subsection (b) are designated as an emergency requirement
pursuant to section 204 of S. Con. Res. 21 (110th Congress).
Mr. GRAHAM. Mr. President, this amendment I have offered would
appropriate $3 billion in emergency spending for border security
operations. It is virtually the same amendment we had on the DHS
appropriations bill.
The amendment will allow purchases to be made for unmanned aerial
vehicles, ground sensors, and vehicle barriers. It provides funding for
the construction of 700 miles of fencing. It would establish
operational control over all of our borders. It provides funding to
obtain more bed space to detain immigrants for overstaying their visas,
and it provides funding for States and localities that undergo training
to assist the Federal Government in enforcing immigration law.
There has been a veto threat on the DHS bill. I am hoping that this
amendment, which passed 89 to 1--a similar version of it on the DHS
appropriations bill--will find its way on this legislation, which I
hope will get signed into law by the President.
[[Page S12407]]
With that, I yield the floor, and I note the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. GREGG. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. GREGG. Mr. President, is the pending business the Graham
amendment?
The PRESIDING OFFICER. It is.
Amendment No. 3119 to Amendment No. 3117
Mr. GREGG. I send an amendment to the Graham amendment to the desk.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from New Hampshire [Mr. Gregg] proposes an
amendment numbered 3119 to amendment No. 3117.
Mr. GREGG. I ask unanimous consent that the reading of the amendment
be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
At the end of the amendment, add the following:
This section shall become effective 1 day after the date of
enactment.
Mr. GREGG. Mr. President, I rise in support of the Graham amendment.
It is an amendment which I have been involved in helping to develop. It
is an amendment that was offered on the Homeland Security bill, and
essentially it is the same concept. The purpose of this amendment is
something on which I think there is general agreement in the Senate,
which is that we supply adequate resources to make sure that our border
is secure.
Now, this is an effort we have been pursuing for quite a while. I had
the good fortune to be chairman of the Subcommittee on Homeland
Security of the Appropriations Committee, and during that time we
dramatically increased our commitment to border security, especially in
the area of the number of agents, in the area of the number of
detention beds, in the area of fencing, in the area of electronic and
virtual fencing, and in the area of making technology available and
support facilities available to border security agents, and the ICE
agents. It is a ramping-up process, however, and there is still a ways
to go, although we have made very significant strides. Unfortunately,
in our opinion, on this side of the aisle--and this amendment was
agreed to by the other side of the aisle for all intents and purposes
when it was offered on Homeland Security--there is a need for
additional funding to make sure that we put in place the resources
which will basically assure the American people that the southern
border can and will be secured.
Now, what does that require? Well, this amendment doesn't put
specific numbers relative to the number of agents or detention beds or
fencing, but what it does put in place is an additional $3 billion in
emergency funding, which will essentially go toward three major areas,
the first of which is agents. We know that we need about 20,000 agents
on the border. We know we are headed toward that number, but we know it
is going to take a significant increase in funding for us to get to
that.
Now, we wish we could sort of wave a magic wand of dollars and
produce these agents overnight, but we can't. These people are highly
skilled. They require special qualities as individuals. They have to be
obviously law enforcement individuals, but they also have to speak
Spanish. They have to have the character and the personality to be able
to work in a very intense environment and deal with very threatening
situations, while at the same time dealing with people who are coming
across the border and trying to make a better way of life for
themselves and shouldn't be treated in a criminal way but should be
treated as decent human beings trying to seek a better way of life in
the United States, who try to come in inappropriately but having to go
back. Handling that type of situation requires a little bit more care
and sensitivity than dealing with somebody who is coming across to sell
drugs.
So the individuals we need to attract into the border security effort
are high-quality, high-caliber individuals. You can't gather them up
overnight. It takes awhile to get the applicants and then put them
through the schooling process, and it does take money to do that. This
amendment will allow us, to the extent that we can find these types of
individuals to populate this workforce, to do exactly that so we will
have a full complement of agents on the southern border.
In addition, it will add detention beds which are critical. There is
a belief that we need around 33,000 detention beds, I think is the
number. We are headed toward building out a significant number of
detention beds, and this amendment--or the dollars in this amendment--
will give the Department the resources it needs to accomplish the
additional detention beds.
Why are detention beds important? Because we have gone from a policy
which was essentially catch-and-release of 2 years ago, or 3 years ago,
to a policy where we actually catch and hold people. We no longer say
come back in a few months after we catch you crossing the border
illegally; we would say come back in a few months and appear before the
court, and what happened was people never came back. We would send them
off and they would never return, not surprisingly. Now we hold these
folks, and we make sure they have their day in court, that they receive
the proper protections of our law enforcement system, but that if they
are found to have entered this country illegally, they get sent back.
But it takes money, and that is why this amendment is important.
Thirdly, we are building a fence in those areas, a physical fence in
those areas where we need fencing. Fencing isn't appropriate for the
entire border, but in our more urban areas along the border, it is
appropriate, and it is expensive. So this money in this bill will allow
us to complete the fencing commitments which we think are necessary.
Equally important, it will put in place the operations of what amounts
to what we call a virtual fence, but it is a real fence. There will be
towers essentially. We have a tremendous electronic surveillance
capability, oversight capability through unmanned aerial vehicles. All
of this has been put into the works, and we are in the process of
building out this system of surveillance in nonphysical fenced areas
but areas which will have basically an electronic fence and a visual
capability. But that, again, costs a lot of money. So this amendment
fully funds the movement in that direction. That is what we need to do.
We need to spend this money.
Now, it is a lot of money, $3 billion, there is no question about it.
But I see it very much as part of the war on terror, as a necessary
element to protecting our culture and our society. A country which
can't control its borders, which doesn't know who is coming across its
borders, is a country which is at considerable risk. It is at
considerable risk for a lot of reasons, but obviously the primary
reason is the threat of terrorism. We have an obligation to our
citizenry to make sure as people come across the southern border, we
know who they are and we know that they are coming across legally.
I think the American people have grown--and rightly so, I am afraid--
a little cynical about our efforts on the southern border. They see us
say: Well, we are going to secure the southern border, but then they
don't see us putting the resources on the border to accomplish that.
These dollars will complete the debate on the issue of resources. The
dollars will be there. Whether the management capability is there,
whether the build-out capability is there, that is still an issue--I
admit to that--but at least the dollars will be in the pipeline to
accomplish this goal.
So as a practical matter, I think this is a very important step
forward. I congratulate the Senator from South Carolina, who has been a
leader on this effort for awhile. He was obviously a leader on
immigration reform, and he has backed up his words on immigration
reform, in that the first step in effective immigration reform is
effective border security.
That is true. That is essential. He has backed that up with this
amendment which puts the dollars in place to accomplish this. That is a
corollary to this whole debate, which is that we do need to
significantly overhaul our immigration laws, make them more appropriate
to the times and to the situations. But you cannot get the public
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confidence to do immigration reform unless the American people believe
at the outset that our border--especially the southern border--is
secure from people being able to cross willy-nilly into this country
illegally.
These dollars will put in place the resources necessary to accomplish
that, to make sure our southern border is secure on the issue of
crossings. It may take a couple years for them to bear fruit because
there is not an instant response with the hiring of agents. But the
fact is that the resources will be in the pipeline to accomplish that,
and the American people can have confidence that it is going to occur.
I congratulate the Senator from South Carolina for his amendment. I
am happy to join him as a cosponsor of the amendment. I hope it will be
adopted unanimously or with a large majority.
I yield the floor.
The PRESIDING OFFICER. The Senator from Hawaii is recognized.
____________________