[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

[[Page S12406]]

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

[[Page S12408]]

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.

                          ____________________