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Week Ending October 5, 2007

H.R.3222 Making appropriations for the Department of Defense for the fiscal year ending September 30, 2008, and for other purposes.

The bill takes on spending for the Department of Defense from several perspectives. The ultimate goal is a larger, more lethal, better trained and better equipped military able to be quickly deployed. Although the President's requested a reduction in forces, the Committee approved and overall increase of 12,300 regular and guard forces. Facing some difficulties in meeting required recruitment levels, the Committee continues to provide financial incentives to enlistees and adds programs such as childcare, family education assistance and improved access to various family support services such as counseling. The bill also calls for greater oversight of procurement and procurement methods.

Middle East

The Committee considers that ‘evolution of the United States' military presence in the Middle East will have a significant effect on how our forces are to be structured, readied and resourced in the years to come’ and that “All would agree that achieving stability in the Middle East is an enduring U.S. national security goal.” The Committee further determines that the recent push to attempt greater diplomatic resolution of those conflicts has overlooked the needs of the military. The military can not succeed alone in Iraq without diplomatic effort and economic aid efforts. The reliance on the military alone, including the recent surge, appears to have not improved stability in Iraq while severely straining troops. The Committee concludes that lessening the reliance on the troops as the main effort to stabilize Iraq and the region will lessen the strain on the troops that is leaving the US open to other threats without necessary resources to deal with them.

Procurement and fiscal management

The bill continues procurement projects such as the Joint Fighter and Joint cargo aircrafts and the STRYKER hi-tech vehicle. Due to the long lead time to acquire materials and tooling and construct vessels the bill provides for those expenses and for the expansion of public and private plants where the vessels will be built, including land necessary for the expansions. Military tire procurement has been awarded to a single company for both aircraft tires and ground vehicle tires. The Committee recognizes that the contract has been successful but urges Defense to better manage competitive contracts.

Referring to the DOD’ fiscal management and budget as ‘flabby’ the Committee aims to improve the use of funds by allowing for transfer of funds from this legislation to projects with immediate need that were funded in the earlier supplemental for Iraq requested by the President. In the reverse, funds in that bill (HR 2206) more appropriate for longer-term projects and less necessary to meet immediate needs would be transferred from HR 2206 to this bill. The bill goes further in that area to revamp financial planning at Defense by requiring a reprogramming of the basic financial planning and reducing what has become larger and larger amounts of funds that can be transferred from one account to the other as needed. The Committee concludes that during war, flexibility with using funds is necessary but concludes further that increased transfers may lead to less thought out spending decisions. To avoid further funding of operations through off-budget supplemental requests, the bill requires that any spending requests from the President for “an ongoing military operation overseas, including operations in Afghanistan and Iraq, shall be included in the annual budget” (of the President).

Outside contractors

While the use of outside contractors by DOD has increased and spending has risen to the tens of billions of dollars, DOD contract management staff has been cut by 50%. The Committee refers to a recent GAO report that concluded that no ‘system of accountability for contract service cost or performance has been established’ at DOD. In particular it was determined that only about 3% of contracts were thoroughly reviewed. The Committee aims to solve that problem beginning with an increase in civilian staff to oversee contracts and ‘added funds for the temporary assignment of 600 General Services Administration contract specialists on a reimbursable basis.’

The bill prohibits funds from being spent on converting a DOD function to a contractor function if the function is performed by more than ten DOD employees unless the conversion is the result of a pubic-private competition based on efficiency or the cost of the function would reduce the cost to the government by 10% or $10 million. The winning contractor may not reduce costs by not offering a health plan to employees or a plan that requires DOD to pay more into it than the contractor. Certain contracts could be subject to waiver of those requirements if the function is converted to a nonprofit for the blind, severely handicapped or Indian Tribe.

Earmarks

The bill contains earmarks referred to as Member Requests but the Committee explains that the White House has a hand in such directed spending. Further, the Committee alleges that the administration’s procedures for directing funds to specific entities is often masked in larger spending initiatives. It is noted that at some government facilities, the number of civilian contractors outnumber government employees.

General Provisions

No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress; or to establish a permanent military presence in Iraq.

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;

Funds appropriated in title III of this Act may be used for a multiyear procurement contract as follows: Army CH-47 Chinook Helicopter; M1A2 Abrams System Enhancement Package upgrades; M2A3/M3A3 Bradley upgrades; and SSN Virginia Class Submarine;

The Secretary of Defense shall create a major force program category for space for the Future Years Defense Program.

Complete list of General Provisions here

Sponsor: Rep. John P Murtha (D-PA-12^th)

Vote: Passed House August 4, 2007 395 to 13 RC 846

Cost to the taxpayers: $459.6 billion. Last year $419.9 billion. President’s request $463.6 billion.

Earmark Certification: Contains earmarks

No reproduction, language translation or distribution without written permission from TheWeekInCongress.com.(TM)

MORE INFORMATION

HOUSE AMENDMENTS

SENATE AMENDMENTS

INTRODUCTION

STABILITY IN THE MIDDLE EAST

FISCAL MANAGEMENT

CONTRACTED SERVICES AND ACQUISITION

MEMBER REQUESTS (EARMARKS)

TITLE I – MILITARY PERSONNEL

TITLE II – OPERATIONS AND MAINTENANCE

TITLE III – PROCUREMENT

TITLE IV – RESEARCH, DEVELOPMENT, TEST AND EVALUATION

TITLE V – REVOLVING AND MANAGEMENT FUNDS

TITLE VI – OTHER DEPARTMENT OF DEFENSE PROGRAMS

TITLE VII – RELATED AGENCIES

TITLE VIII – GENERAL PROVISIONS

INTRODUCTION

Our national conscience is justifiably focused on the wars in Iraq and Afghanistan. The Committee and the country are deeply grateful for and inspired by the dedication, service, and sacrifice of our men and women in uniform, their families, and those who support them. Yet, we cannot let this concentrated national focus distract our attention from the needs of our service members and their families here at home, and the imperative to prepare our forces for current and future conflicts. This is the challenge facing the Committee today, and our Nation for the foreseeable future.

To address that challenge, the Committee's recommendations achieve a balance between preparing units for near-term deployments, supporting our military members and their families, and modernizing our forces to meet future threats. Highlights of the Committee's recommendations are as follows:

Supporting our Troops and their Families- First and foremost, the Committee recommends robust funding for programs important to the health, well-being, and readiness of our forces. In addition, the Committee proposes several initiatives that address issues raised by troops, their families, and Department of Defense officials in testimony before the Committee, and discovered through visits to military bases in the United States and overseas.

Funding of about $2,200,000,000 is recommended to cover the full cost of a 3.5% military pay raise, as approved in the House version of the Fiscal Year 2008 National Defense Authorization bill.

Under their `Grow-the-Force' initiatives, the Army and Marine Corps propose to add 7,000 and 5,000 new troops, respectively. The personnel costs of these increases are fully covered in the bill, as are the associated equipping and outfitting costs. For the Army alone, the equipping costs amount to more than $4,000,000,000 and for the Marine Corps, the equipping costs amount to more than $2,000,000,000.

Home-stationing training, optempo, and flying-hour costs are funded at robust levels. All told, the Committee's recommendations provide for a 13% increase in funding for these activities over last year's level.

The military services' force structure and basing infrastructure are in a state of transition. The Army, in particular, has been forced to manage significant changes in force structure (known as Army Modularity), base closures, and a global repositioning of forces, all while meeting the demands of war. Based on information provided by the Army, the Committee recommends an important new initiative to assist the service in meeting this challenge. The Committee proposes adding $1,232,400,000 to the Army's facilities sustainment and restoration budget request to offset the growing infrastructure costs associated with the global repositioning of its forces. These funds will be used to fix barracks, improve child care facilities, and enhance community services at Army bases throughout the United States, Europe, and Korea. This funding will only partially cover the Army's needs. As such, the Committee will address additional infrastructure cost requirements during consideration of the fiscal year 2008 emergency supplemental request. Further, the Committee intends to work with all the military services to better understand and respond to their basing and infrastructure needs during this time of significant upheaval.

Another initiative proposed by the Committee directly responds to the needs of our military families. Total funding of $2,915,800,000 is recommended for the military's family advocacy programs, childcare centers, and dependent's education programs. This amount is an increase of $558,400,000 over the Administration's request, with the lion's share of the increase allocated to DoD's family advocacy programs. This program provides counseling, education, and support to military families affected by the demands of war, and episodes of child or spouse abuse.

The Committee's recommendations continue its long tradition of supporting the Department's health programs. The Committee proposes several initiatives and additional funding to address health care issues raised over the past year, including improving the Department's health record-keeping and fostering better coordination between DoD and the Department of Veterans Affairs, enhancing preventative medicine programs, and advancing military medical research.

Protecting our forces abroad must be matched with a commitment to protect our forces and their families here at home. Thus, the Committee proposes a new initiative to enhance the security of military bases in the United States. Funding of $268,100,000 is allocated for perimeter security force protection and related facility security improvements, an increase of $141,900,000 over the President's budget request. These funds will be used to erect better perimeter fencing, provide more secure entry and exit controls, and improve situational awareness and response capabilities at military bases and hospitals.

Preparing for the Future- In 1796, President George Washington counseled the Nation to be, `Taking care always to keep ourselves by suitable establishments on a respectable defensive posture.' The Committee's recommendations abide by that counsel, providing robust funding for weapons systems purchases and research programs designed to meet future threats.

The Committee supports full funding, as requested, for key weapons procurements, including the F-22 and F-35 tactical fighter aircraft programs.

Increases above the President's request are allocated for development programs that address `asymmetric' threats from weapons of mass destruction and cruise missiles. Additional funding of $15,000,000 is provided to pursue cruise missile defense; $25,000,000 for chemical and biological defense research programs; $26,500,000 for fissile material detection research and $50,000,000 for the former Soviet Union Threat Reduction account to counter weapons proliferation.

To support the Army's evolution to a larger, more lethal, and more rapidly deployable force, the Committee recommends adding funding of $1,102,000,000 to outfit a new, eighth Stryker brigade.

Testimony before the Committee revealed that our National Guard and Reserve forces continue to suffer from equipment shortfalls. To address this need, the Committee recommends providing an additional $925,000,000 to purchase Guard and Reserve equipment. These additional funds will enhance these forces' ability to meet overseas deployment demands, as well as to respond to natural disasters here at home.

Economic Stability- Fostering economic stability in DoD's weapons modernization programs has been a consistent theme of the Committee. Analyses completed in recent years about DoD's acquisition program all conclude that, without improving stability in these programs, it's quite likely that the military will not be able to achieve the numbers of weapons systems required to equip current force structure at the estimated costs. As such, the Committee is proposing a series of recommendations that would help stabilize certain programs by adding funds and/or adjusting procurement or development schedules.

The Navy's shipbuilding program has been beset by planning and resource instability for several years running, resulting in ever-increasing costs to the American taxpayer. Clearly, at current production rates and price levels, the Navy will be unable to meet its force structure requirements in the future. The Committee has responded by providing funds for an additional five ships. To purchase these ships, the Committee recommends adding a total of $3,698,000,000 above the Navy's request for shipbuilding and sealift.

The success of the Department's Joint Strike Fighter (F-35) program is critical to our Nation's ability to field a modern, capable fighter aircraft fleet for decades to come. To maintain stability in this program--and limit the potential for cost increases over time--the Committee recommends an increase of $200,000,000 for F-35 production enhancements. These funds are to be used to outfit facilities with the latest in production line equipment and work-flow technology. In addition, the Committee recommends including $480,000,000 to continue development of an alternative engine for this aircraft, thereby ensuring a competitive base for engine production.

Accountability- The Committee's fiduciary responsibility to the American taxpayer requires holding accountable organizations, officials, and programs that have performed poorly. Moreover, wasted resources and procedural abuses ultimately come at the expense of our military men and women. The Committee focused attention on the following issues:

Fiscal discipline: For some time, the Committee has raised concerns about the challenges facing the Department's financial managers. Some argue that fiscal discipline within the Department has eroded over time, severely constraining the Department's senior officials and the Congress' program and financial oversight. Regarding this matter, the Committee proposes several important initiatives to improve DoD's fiscal discipline and Congressional oversight. These initiatives are described later in this report.

Contracting Out: The Committee also has registered concern about the Department's unabated appetite for contracting out services and functions once performed by military members or DoD civilians. Though clearly necessary to offset reductions in military and civilian personnel levels that occurred over time, the Committee believes that the Department has failed to manage adequately and oversee the growth in, and cost-effectiveness of, contracting out. It is also clear that the majority of DoD's service contractors has performed and will continue to perform well. Yet, abuses by some organizations, coupled with DoD's lack of an effective contractor management and oversight regime, has cast a pall over the service contractor community writ large. This must be reversed. The Committee recommends strong steps to do so. In another section of this report, the Committee's recommendations for improving contract oversight are described.

Troubled procurement programs: Several of the Department's major weapons acquisition programs have experienced considerable cost growth and/or poor execution. For each of these programs--including the Navy's Littoral Combat Ship, the Air Force's combat search and rescue helicopter, and several unclassified and classified satellite purchases--the Committee recommends significant adjustments to the Pentagon's request.

Basic research: In testimony received by the Committee, and through information provided by the Department and third-party groups, the Committee learned that the percent of basic research funding allocated to Department and research organizations' overhead costs has grown to unwarranted levels. To reverse this trend and ensure that the Department's basic research dollars are being used for the purposes intended by Congress, the Committee recommends a general provision limiting the percentage of overhead costs that can be covered in basic research contracts.

Improving military readiness, addressing the toll of war on our forces, and preparing them for future conflicts require a national commitment to provide adequate resources for the Department of Defense and intelligence community now and in the future. The Committee's efforts reflect its strong commitment to our men and women in uniform, their families, and those individuals and organizations working in support of them.

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STABILITY IN THE MIDDLE EAST

At this time in our Nation's history, no measure providing funding for the Department of Defense can be considered outside the context of the Iraq war. As the Committee has endeavored to strike a balance between supporting our forces' needs today and for the future, it also has been mindful that the evolution of the United States' military presence in the Middle East will have a significant effect on how our forces are to be structured, readied and resourced in the years to come.

All would agree that achieving stability in the Middle East is an enduring U.S. national security goal. Attaining that goal will require fully employing all elements of U.S. power: diplomacy, economic support and military might. While much has been written about the need for the United States to refocus its diplomatic and economic support activities in and around Iraq, there apparently has been little thought given to or explanation of what the long-term U.S. military presence in the region may be.

The reliance on the U.S. military alone to achieve `victory' in Iraq, without a coordinated diplomatic and economic aid plan, has left our forces weakened and with little strategic reserve to address other threats to our country. Moreover, the recent `surge' in deployments to Iraq has exacerbated the demands on our ground forces, with little evidence thus far that the increased troop numbers in theater have notably improved the security and stability of that country. Yet, the strains on our military are clearly evident: units across-the-board have had their tours of duty extended to 15 months while those back home struggle to meet deployment deadlines for lack of personnel and equipment; the costs of recruiting and retaining soldiers continue to spiral upward, even as standards have been lowered to meet monthly recruiting goals; and, each appearance before Congress by senior military and DoD officials brings new and higher estimates of the costs for rehabilitating our forces once they return home.

Lessening the strains on the military forces can only be accomplished by relinquishing our overwhelming reliance on them to stabilize and secure Iraq. But doing so must occur in conjunction with an understanding of and consensus on the broader, more strategic interests of the United States in the Middle East.

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FISCAL MANAGEMENT

For some time now, the Committee has expressed considerable concern over an erosion of DoD's fiscal discipline. That erosion is reflected primarily in the Department's use of emergency supplemental funding to cover what were once considered to be base budget costs, particularly weapons modernization and force structure costs. In this bill, the Committee has endeavored to begin restoring traditional funding criteria to these respective appropriations matters. Thus, recommendations for this fiscal year 2008 Defense Appropriations bill focus on non-incremental war costs and preparing for future threats by funding enduring personnel benefits, force structure initiatives (such as Army modularity and `Grow-the-Force' programs), infrastructure improvements, home-station training, and weapons modernization programs. The Committee's deliberations on the fiscal year 2008 war supplemental, however, will be tailored to funding those programs and incremental costs that are arguably related to the war efforts. Satisfying these criteria requires the shifting of funds between the base bill and supplemental requests. As such, the Committee recommends deferring consideration of certain funding requests made for the base fiscal year 2008 Defense bill to the emergency supplemental. Conversely, the Committee recommends that certain programs requested by the Administration in its fiscal year 2008 Global War on Terror emergency supplemental receive funding in this legislation as such items are more appropriately funded in the base budget.

Further, the Committee believes that seeking funding for weapons modernization programs and enduring force structure transformations in emergency supplemental requests conveniently eludes the procedural mechanisms designed to ensure that the most important priorities are resourced. There can be no doubt that the Department's financial officers have faced considerable challenges in managing both the war and base budgets. Nonetheless, a fiscal `flabbiness' has infected the Defense budgeting process--a situation that must be corrected. To ensure that sound budgetary and fiscal procedures are re-invigorated, the Committee recommends a general provision that requires the Department to include all funding for both non-war and war-related activities in the President's fiscal year 2009 annual Defense budget request.

Planning, Programming and Budgeting System (PPBS)- For over 40 years, the Department of Defense followed the Planning, Programming and Budgeting System (PPBS) as the process for assessing and prioritizing requirements and allocating resources. The PPBS process established long-range national security planning objectives, analyzed the costs and benefits of alternative programs that would meet those objectives, and translated programs into budget proposals. The improvements that PPBS offered over previous budgeting processes were that: (1) it emphasized objectives, focusing less on changes from the prior-year budget and more on long-term objectives, and (2) it linked planning and budgeting. PPBS instilled a process that clearly defined a procedure for distributing available resources equitably among competing programs.

Beginning in 2003, the PPBS process has been significantly altered, splintering planning into two phases and requiring that the program and budget reviews occur simultaneously. The process changes were ill-conceived and have had significant and lasting adverse implications. Today, sequential steps to plan adequately or refine a plan into budget-level detail do not exist. Further, conducting a simultaneous program and budget review eliminate the inherent discipline in the process which force resource allocation decisions to occur deliberatively, resulting in unnecessary confusion and wasted effort. The time and attention required to harmonize simultaneous program and budget reviews detract from the Department's ability to scrutinize fully its fiscal requirements. As a result:

--the focus on program objectives has diminished;

--the inextricable link between planning and budgeting has been severely damaged;

--reliance on funds transfers and reprogrammings within DoD have grown significantly, often correcting inadequacies that should have been identified earlier in the Department's internal review process with the purpose being to fix holes in key programs originally created during the DoD budget review;

--supplemental requests and the Department's reliance on them have grown and increasingly resemble base budget requests; and lastly,

--Congress is forced to make increasingly difficult funding decisions in the absence of a rigorous budget review by the Department.

Accordingly, the Committee recommends that the Secretary of Defense institute a process for assessing and prioritizing requirements and allocating resources which is supportive of thorough, deliberative program and budget review and more fully utilize the efforts of the dedicated and talented DoD civil servants. The Committees recommendation includes several directions to address the budget execution process within the Department, as discussed below.

Re-baselining.--Generally accepted reprogramming procedures and those procedures outlined in the Department of Defense Financial Management Regulation require the approval of Congress prior to transferring operation and maintenance funding in excess of $15,000,000 from those levels appropriated by Congress. However, through a `rebaselining' process or `free move', the Department has transferred excessive amounts of funds--a total of $2,500,000,000 in fiscal year 2007--without the approval of Congress. This re-baselining process, as it has evolved, vitiates Congressionally approved resource allocations provided in annual appropriations Acts, impedes the ability of Congress to perform its oversight responsibilities, and abrogates Congressional intent. Moreover, the Committee notes that the Department has failed to comply with certain reprogramming requirements as they relate to specific subactivity groups within the Operation and Maintenance appropriations. These actions reflect a continuing erosion of fiscal discipline within the Department of Defense. Accordingly, the Committee directs the Department to cease the reallocation of funds through a re-baselining procedure, and further directs the Department to comply fully with the reprogramming procedures contained in this report. The Committee remains cognizant of the need for the Department to re-align certain appropriations and commits to work with the Department to address these concerns.

Base for Reprogramming Actions.--The Committee notes that the Department was not able to provide in a timely manner the Base for Reprogramming Actions report, or DD form 1414, for the current fiscal year. This report is to be provided to the House and Senate Committees on Appropriations soon after the enactment of the annual appropriations Act to establish the baseline from which the Department is to execute its programs. The report also serves as the benchmark from which Congress and the Committee can assess all transfers and reprogrammings. However, the DD 1414 was not submitted to the Committees on Appropriations until nearly nine months after the fiscal year had commenced and after the Department had submitted over $700,000,000 in reprogramming requests requiring Congressional approval. When the report was submitted, it was incomplete, omitting each of the active services' operation and maintenance accounts. Moreover, it excluded a `re-baselining' or realignment in excess of $2,500,000,000 in operation and maintenance funds from activities for which they were originally appropriated. The Committee believes that such funds management is unacceptable and suggests that the Department does not execute its programs consistent with Congressional direction. Accordingly, the Committee has recommended a general provision that requires the Department to submit the DD 1414 within 60 days after the enactment of the Act. In addition, the provision prohibits the Department from executing any reprogramming or transfer of funds for any purpose other than originally appropriated until the aforementioned report is submitted to the Committees of Appropriations of the Senate and the House of Representatives.

Items or subactivities for which funds have been specifically provided in an appropriations Act (including joint resolutions providing continuing appropriations), accompanying reports of the House and Senate Committees on Appropriations, or accompanying conference reports and joint explanatory statements of the committee of conference shall be carried in the Base for Reprogramming Actions (DD form 1414), irrespective of whether or not the report uses the phrases `only for' or `only to'.

New starts.--The Committee recommends a general provision that prohibits the initiation of a new start program through a reprogramming of funds unless such program must be undertaken immediately in the interest of national security and only after written notification to the congressional defense committees. The use of reprogramming authorities to initiate new starts should be used seldomly, and if at all, only in times of national emergency. Starting new programs through the use of reprogramming authorities in the year of execution creates additional funding requirements in the ensuing budget year, and rarely does the Administration submit budget amendments to reallocate its funding requirements reflecting the new fiscal realities created by the new program starts. As such, the Committee's ability to review fully the program's cost-effectiveness and mission utility vis-a.AE2-vis other military programs is denied. The Committee notes that the fiscal year omnibus 2007 reprogramming includes new starts totaling nearly $110,000,000. The Committee is not pleased with the Department's increasing use of its reprogramming authorities to initiate new program starts, and accordingly, directs the Department not to use reprogramming authorities provided in this Act to initiate new programs unless such programs are emergency requirements.

General transfer authority (GTA).--A provision is recommended, consistent with previous appropriations Acts, providing for the transfer of funds for higher priority items, based on unforeseen military requirements than those for which originally appropriated. This authority has been included annually to respond to unanticipated requirements that were not known at the time the budget was developed and after which time appropriations were enacted. This authority has grown significantly over the past several years, from $2,000,000,000 in fiscal years 1997 through 2001, rising precipitously in fiscal year 2005 to $6,185,000,000. In fiscal year 2007, the GTA was $4,500,000,000 and the Department has requested $5,000,000,000 in GTA for fiscal year 2008. While the waging of war certainly has increased the need for flexibility in executing the Department's resources, the Committee fears that the Department has come to rely on reprogramming and transfer authority in lieu of a thoughtful and deliberative budget formulation and fiscal management process. In an effort to restore fiscal management to the Department, while allowing for the flexibility in executing appropriations for a nation at war, the Committee recommends for fiscal year 2008 general transfer authority of $3,200,000,000, the same level as provided in fiscal year 2004 after adjustments to reflect GTA as a percent of total appropriations.

Reprogrammings for Operation and Maintenance Accounts.--Beginning in fiscal year 2008, the Committee imposes new accountability and reprogramming guidelines for programs, projects and activities within the Operation and Maintenance appropriations. The Committee believes that such revisions are necessary given the unique nature of activities funded within these appropriations continuing concerns about force readiness, and recent budget execution within these accounts. The specific revisions are addressed later in this report in Title II, Operation and Maintenance.

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CONTRACTED SERVICES AND ACQUISITION

A year ago, the Committee expressed concern about the increasing costs of operating our military forces. To gain better insight about the factors generating an increase in operation and maintenance costs, the Committee directed, in House Report 109-504, that the Government Accountability Office (GAO) prepare a comprehensive analysis of contracting out services, as well as other factors that may be driving up costs. GAO found that between the years 2000 to 2005, the cost of operation and maintenance service contracts increased more than 73 percent. Over the same period, DoD civilian pay costs increased 28 percent, and total DoD pay costs went up by 34 percent. However, despite the growing and seemingly unconstrained reliance on contractors to accomplish DoD's mission, no system of accountability for contract service cost or performance has been established.

The Committee is frustrated by the lack of accountability and management of contracted services. DoD has increasingly relied on private sector contractors, rather than uniformed or DoD civilian personnel, to perform operation and maintenance-related work such as logistics, facilities maintenance, base operations support; information technology services; and administrative support. But, responsibility for acquiring services within DoD is spread among individual military commands, weapon system program offices, or functional units on military bases. This decentralized management results in little visibility at either the DoD or military department level over the totality of DoD's use of contractors to provide services. GAO recently found that DoD only had reviewed proposed acquisitions accounting for less than 3 percent of the funds obligated for services in fiscal year 2005, and DoD was in a poor position to regularly identify opportunities to leverage buying power or otherwise change existing practices.

Focused management attention.--The Committee contends that DoD is not providing sufficient management oversight to improve the acquisition and management of contractor services. Tens of billions of dollars are expended for contract services each year. Management of contract services should be among DoD's top priorities. The Committee believes that the Department must improve management of contract services by instituting clear accountability mechanisms; instituting unambiguous and short chains of command to the most-senior decision makers; and improving the tracking and reporting of contract service costs, and management of contract service performance.

Increased contractor oversight.--The Committee directs the Department to provide more robust staffing of contractor management and oversight personnel. It is clear that DoD currently lacks the means to provide proper oversight of its service contracts, in part because of an insufficient number of contract oversight personnel. While the spending for contracted services has grown, the size of DoD's workforce, including its contracting and acquisition workforce, has been decreased significantly. For example, the Defense Contract Management Agency's (DCMA) workforce has been reduced by over 50 percent between the period 2000 to 2005, making it more difficult for DCMA to provide thorough and meaningful oversight of the Department's increasing reliance on contracted services.

The Committee recommends adding funds for additional DoD civilian personnel to provide enhanced contract-service management and oversight. Further, the Committee added funds for the temporary assignment of 600 General Services Administration contract specialists on a reimbursable basis.

Minimum Standards for Contracted Security Service Personnel.--DoD relies heavily on contracted security, both in the theaters of operation as well as at home. The Committee is particularly concerned that the oversight and administration of contracted security services is woefully inadequate. This lack of oversight seemingly has resulted in few, if any, operational standards and rules-of-engagement to which contracted security organizations and individuals must adhere. As such, the Committee directs the Secretary of Defense to develop, no later than 90 days after the passage of this Act, uniform minimum personnel standards for all contract personnel operating under contracts, subcontracts or task orders performing work that includes private security functions. The standards, at a minimum, must include determinations about contractors using personnel with criminal histories, must determine the eligibility of all private contract personnel to possess and carry firearms, and determine what assessments of medical and mental fitness of contracted security personnel must be undertaken. The Secretary of Defense should develop a mechanism for contract accountability that specifies consequences for noncompliance with the personnel standards, including fines, denial of contractual obligations or contract rescission. Finally, the Secretary is directed to establish a clear set of rules-of-engagement for all contracted security personnel operating in the Iraq and Afghanistan theaters of operations. The Secretary shall submit the prescribed standards to the congressional defense committees once the 90-day period referenced above is completed.

Improving the Acquisition Workforce.--The Committee directs that the Undersecretary of Defense for Acquisition, Technology, and Logistics submit, within 90 days of enactment of this Act, a report to the congressional defense committees analyzing the current acquisition workforce personnel needs and the tools to recruit and retain a workforce best positioned to provide appropriate contract management and oversight of contractor performance. The report should identify the most urgent shortages in the current acquisition workforce. The report should also recommend revisions to the Department's Strategic Human Capital Plan geared to enhancing the Department's ability to recruit and retain high performing acquisition and contracting personnel and overcome obstacles to the expedited hiring of talented acquisition professionals.

Enhancing Access to Small Business.--The Committee is concerned about the access of small businesses to Department of Defense contracting and procurement. Moreover, the Committee recognizes that harvesting mature innovative technologies from the Small Business Innovative Research (SBIR) programs has resulted in cost avoidance and savings in Defense Department acquisition programs. SBIRs have been invaluable in reintroducing competition and developing better capabilities for the warfighter. For example, efforts such as open architecture technologies and improved manufacturing processes championed by small businesses should reduce acquisition costs and ensure that the military services can continue to support weapons systems once they become operational. In order to facilitate entry into the defense market by small businesses, the Committee recommends providing a total of $100,000,000 more than requested for the Department's SBIR program. These funds are allocated as follows: $25,000,000 is recommended for the Army's Future Combat System to enhance small business participation in that program; $25,000,000 is allocated to each of the Navy's surface ship and submarine research and development activities for the SBIR program; and, $25,000,000 is provided to enhance small business participation in the Joint Strike Fighter program.

Further, the Committee directs the Director of the Department of Defense Office of Small Business Contracting to submit, no later than June 1, 2008, a report to the congressional defense committees which identifies the impediments to small business owners to contracting or subcontracting with the Department, including, but not limited to, an analysis of the small business threshold size; small business contract bundling; distribution of small business subcontracts between professional service and research and development; the transition from SBIR II programs to procurement; the impact of the Departments vendor pay system on small businesses; and the effectiveness of the mentor-protege program. The report should identify any impediments to the successes of businesses that graduate from the small business qualifications and offer recommendations to support the transition of small businesses to middle-sized businesses.

Improvements in the management of contract services need not take years to implement; rather, with intent leadership and executive attention, considerable efficiencies can be achieved in the near-term. Accordingly, the Committee recommendations reduce the Department's funding requests for contracted services in the operation and maintenance budgets by five percent, recognizing contract service efficiencies and savings with enhanced oversight.

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MEMBER REQUESTS (EARMARKS)

Projects- Congress has made significant reforms in the way it reviews funding for the Federal government--reforms which the Committee takes very seriously as it executes its constitutional authority. Earmarking or directed spending of Federal dollars does not begin with Congress.

It begins with the Executive Branch. Provided as merely an example, the following was submitted by the Administration

Fort Meade                                2     $60,000,000

Fort Sam Houston                          1      20,840,000

Norfolk Naval Shipyard                    2      26,824,000

Charleston Air Force Base                 5      26,200,000

The Administration, in selecting these projects, goes through a process that is the functional equivalent of earmarking. These 10 projects, totaling $133,864,000, are rolled up with thousands of similar projects into a larger budget activity, essentially hidden within the request. However, when the Committee reviews the budget request, it goes through a process of rigorous analysis and may alter or modify this list to reflect additional priorities.

The Executive Branch also engages in another practice which steers or directs money to specific entities or purposes through a process of contracting out various activities and services. In many important work locations, the number of people working for contractors exceeds the number of Federal employees in the same building or location. Many of these, in fact, are non-competitive or sole-sourced. When added together, the Executive Branch steers or directs far greater spending to specific projects or corporations than is directed or earmarked by Congress. And the practice of non-competitive contracting has exploded in the past five years. The Committee has expressed, in no uncertain terms, its opinion of how the Department of Defense has not properly managed this effort elsewhere in this report.

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TITLE I – MILITARY PERSONNEL

Military Personnel Overview--Force Structure—Training tempo---Summary of End Strength –Impact of Rebasing—Base Perimeter Security-- Support to Military Families

Overall Active End Strength -Overall Selected Reserve End Strength--Full-Time Support End Strength --Guard and Reserve Full-Time End Strength --Grow-The-Force Initiative --Boots-On-The-Ground and Cost of War Reporting --Reserve Component Budget Submissions --Paid Inactive Duty Training (IDT)Travel --Military Personnel, Army -- Military Personnel, Navy --Military Personnel, Marine Corps --Military Personnel, Air Force --Reserve Personnel, Army --Reserve Personnel, Navy --Reserve Personnel, Marine Corps --Reserve Personnel, Air Force --National Guard Personnel, Army --National Guard Personnel, Air Force---

Military Personnel Overview

The Committee recommendation provides $105,017,776,000 for Military Personnel accounts and continues to increase funding for military pay and allowances, recruitment and retention initiatives, and overall quality of life programs for active duty, Reserve and National Guard personnel. The budget request proposes to increase basic pay for all personnel by three percent. The Committee recommendation provides approximately $2,200,000,000, or $310,000,000 above the request, to increase basic pay for all military personnel by 3.5 percent, effective January 1, 2008. This recommendation also supports fully the resource requirements needed to achieve the requested end strength levels for fiscal year 2008. The Committee continues to support and encourage constructive enhancements to recruitment and retention programs, bonus and special pay incentives, and benefit programs for military personnel for fiscal year 2008. The Committee fully funds the `Families First Initiative', a newly established program that ensures the Full Replacement Value (FRV) for property lost or damaged beyond repair in conjunction with a permanent change of station move. The Committee continues to be supportive of any programs intended to enhance the morale and quality of life for our military personnel and their families.

Force Structure

The Army continues to convert to a modular force. Modular Brigade Combat Teams (BCTs) with enabling support brigades are more capable, flexible, and deployable than the previous division-based structure. The Army plans to increase the number of BCTs by 5, to a total of 69, by the end of 2008 (38 active and 28 guard). The Army also plans to increase the number of support brigades by 35 to total of 193 by the end of 2008 (74 active, 67 guard and 52 reserve). The Navy supports a force structure of 10 active carrier air wings and 1,292 primary authorized aircraft, 286 battle force ships, including 11 aircraft carriers, 52 nuclear attack submarines and 14 missile submarines. The Navy's implementation of the Fleet Response Plan continues in 2008 with the goal of increasing availability of naval assets for duty worldwide. The Marine Corps plans to increase military end-strength beginning in 2008 with the goal of adding three infantry battalions and other support forces resulting in three balanced Marine Expeditionary Forces (MEFs). The force structure of the Air Force supports 81 Combat Wing Equivalents (CWEs). Air Force combat capability is organized into 38 Strike wings, 29 Mobility wings, and 14 Intelligence, Surveillance and Reconnaissance (ISR) wings.

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Training tempo

The unit training that the U.S. military conducts to support the national military strategy is funded by the operation and maintenance accounts. Operational readiness is the state of preparedness of a unit to perform the missions for which it is organized or designed. The Committee fully supports the peacetime requirements of the military services for readiness training.

Army training operating tempo is often expressed in terms of tank miles driven. The Army's readiness goal is 846 tank miles per year. The Army plans to drive an average of 600 tank miles in 2007, to include 428 training miles, and 770 tank miles in 2008, to include 582 training miles. The Navy's training tempo is expressed both terms of average number of steaming days per quarter and average number of flying hours per crew. The Navy's goal for deployed forces is 51 steaming days per quarter and an average of 18.8 flying hours per crew per month. The Navy plans on steaming 36 days per quarter in 2007 and 45 days per quarter in 2008, and plans to fly an average of 17.5 hours per crew per month in 2007 and 18.7 hours per crew per month in 2008. The Air Force's operational community does not set a training tempo goal, believing that the flying hours reflected in the budget request are adequate to conduct the training which ensures the needed combat capability. In 2007, the Air Force plans to execute an average of 16.5 hours for bombers and 16.7 hours for fighters. In 2008, the Air Force plans to fly an average of 15.5 hours for bombers and 14.4 hours for fighters.

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Impact of Rebasing

The Committee seeks to ensure that the Army adequately addresses the impact of rebasing activities, particularly as large numbers of service members are restationed from overseas bases to bases in the continental United States (CONUS). The Army is making significant changes in force structure, base closures, and a global repositioning of forces, all while meeting the demands of war. The Committee proposes adding $1,232,400,000 to the Army's facilities sustainment and restoration budget request to offset the growing infrastructure costs associated with the global repositioning of its forces. The Committee is recommending, without modification, the funding levels and facility projects determined by the Department of the Army to support global repositioning. These funds will be used to fix barracks, improve child care facilities, and enhance community services at Army bases throughout the United States, Europe and Korea

Base Perimeter security

Perimeter security is the backbone of the anti-terrorism program designed to protect DoD installations, facilities, and people. Without a strong and robust perimeter security system, national security resources and personnel remain vulnerable targets for terrorists. A combination of perimeter fencing, entry controls, barriers, and response capabilities form a cost-efficient and effective layered defense structure to reduce vulnerability of individuals and property to terrorist acts. The budget request includes $126,200,000 for perimeter security. However, the Committee finds that this level does not sufficiently mitigate danger to, nor improve the safety and security of, DoD personnel and assets. The Committee recommends an additional $141,900,000 for perimeter security force protection for fiscal year 2008. The recommendation includes security enhancements for rapid, electronic authentication for the physical and logic access and interoperability with other Agencies to protect DoD bases, schools, hospitals, base housing, churches and childcare centers from terrorist attacks. In addition, the Committee recommendation includes funds to meet the combatant commanders' anti-terrorism/force protection requirements that require immediate attention.

The Committee notes that ongoing contingency operations have increased the requirement for illumination systems to conduct base perimeter security, military police security lighting, and night vision goggle compatible lighting. Recent advancements in lighting and battery technology have produced far more light-weight, effective and affordable alternatives to the FL-1D floodlight now used by the Air Force to meet these requirements. Accordingly, the Committee recommends $10,000,000 for the acquisition of portable illumination systems

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Support to Military Families-Family Advocacy--Education--Child Care Centers-Exceptional Children

The makeup of the military has changed dramatically since the advent of the all-volunteer force more than 25 years ago. Where the Nation's force once was largely comprised of single men, today nearly half of the men and women in uniform are fathers and mothers. Family assistance, reliable childcare and quality education for military dependents has become a military necessity and directly affects military retention. These programs are essential to the health and welfare of the Nation's soldiers and their families, and the communities in which they live. Accordingly, the Committee recommendation includes nearly $2,916,000,000 for support for military families, an increase of $558,413,000 above the budget request.

FAMILY ADVOCACY PROGRAMS

The Committee recommends a total of $671,400,000 for family advocacy programs in fiscal year 2008. The Committee believes the additional funding provided will enhance the activities of family advocacy programs (FAP) and provide for children and families managing the difficult challenges of military service. The Committee is cognizant of and concerned about the growing need for family members to have access to professional counseling to help alleviate the mental stresses associated with deployments. FAP programs also provide comprehensive programs for prevention, identification and treatment of child and spouse abuse, and provide family assistance for severely-injured service members and their families.

Currently, there are more than 70,000 school-age children, 5 to 18 years of age, directly affected by the deployment of Guard or Reserve parents who serve in the Global War on Terror. The loss of the daily presence of a parent--and parents--in the home and the worry about the safety of a deployed parent is a difficult burden for children.

The Committee provides $2,000,000 for Parents as Teachers Heroes at Home, a parent education and family support program for young military families. At a time when military families are increasingly impacted by repeat deployment, demands at home and the stress of being away, this program brings professional parenting support and child development information right to the homes of these young families. The Committee further urges the Department of allocate up to $4,000,000 to the T.H.A.N.K.S. USA scholarship program from the additional funds provided for the family advocacy programs.

The Committee urges the family advocacy program to support such programs as Our Military Kids, an organization that provides grants to school-age children (K-12) of deployed and severely injured National Guard and Reserve personnel to cover their fees for tutoring, athletic, or fine arts programs, as well as the Military Child Education Coalition program, `Living in the Normal'. In addition, the Committee supports the expansion of ongoing activities that provide counseling, programs, products and services to help mitigate the disruption and stress in the military family when a service member is deployed, killed or seriously-wounded.

CHILDCARE CENTERS

Over the past ten years, the Department has made dramatic improvements in the management and operation of child development programs for children aged 6 weeks to 12 years old. The efforts to improve childcare have been based on the recognition that those who make up the force are not only personnel, they are also parents. To perform well under the stresses of a demanding high operating tempo, service members should not be preoccupied with the basic well-being of their families. The stresses of multiple deployments and extended hours to support longer duty days result in the need for longer childcare center operating hours. The Committee, therefore, recommends a total of $606,400,000 for fiscal year 2008, an increase of $81,600,000 over the budget request, to expand childcare center operating hours and reduce the number of children on waiting lists for childcare services.

DEPARTMENT OF DEFENSE DEPENDENTS EDUCATION (DODEA)

The Committee believes that DoDEA schools are an important quality of life issue for military families. Accordingly, the Committee recommendation for DoDEA provides an increase in excess of $90,000,000 from comparable fiscal year 2007 program levels. This significant increase shall support emerging requirements to replace aging textbooks and consumable workbooks; reading intervention programs for struggling readers; special contracts associated with increased student enrollment resulting from the residential community initiative at selected bases; teacher development; increased staffing to support increased enrollment in foreign languages; enhanced child care programs and child development centers, family centers and voluntary education centers on the Department's bases; and temporary classroom construction and outfitting costs to address the backlog of repair, as well as an increased need due to troop deployments and school closures.

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Exceptional Children

An exceptional family member is a dependent, regardless of age, who requires medical services for a chronic condition; receives ongoing services from a specialist; has mental health concerns, social problems, or psychological needs; or receives education services provided on an Individual Education Program or Individual Family Services Plan. In 1995, the Department of Defense established the Exceptional Family Member Program to identify and serve those military members with children in need of special education or medical needs.

At present, over 100,000 children of servicemembers with some form of disability live on military bases at home and abroad. Alarmingly over the past several years and just within the Marine Corps, a several-fold increase in the number of confirmed cases of autism has occurred. Similar trends in other conditions, such as attention deficit and hyperactivity disorders, cerebral palsy and learning disabilities, have occurred. In any family, these conditions place great stress and a financial burden on the parents, but in the military family, the hardship is magnified by separation, deployment and combat. The Committee, therefore, directs the Secretary to provide appropriate resource guides and information to military families, caregivers, education and medical personnel to improve competency in specialized educational and medical fields and to improve access to best practices in educational curricula and programs for special needs dependents.

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Summary of End Strength

The fiscal year 2008 budget request includes a decrease of 2,800 in total end strength for the active forces and a decrease of 9,900 in end strength for the Selected Reserve from the fiscal year 2007 authorized levels. However, the budget proposes to increase the Army end strength by 7,000; the Army National Guard end strength by 1,300; and the Marine Corps end strength by 5,000. The Committee recommendation fully supports these increases.

Overall Active End Strength

Fiscal year 2007 estimate                       1,329,200

Fiscal year 2008 budget request                 1,326,400

Fiscal year 2008 recommendation                 1,326,400

  Compared with Fiscal year 2007                   -2,800

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Overall Selected Reserve End Strength

Fiscal year 2007 estimate                       847,800

Fiscal year 2008 budget request                 837,900

Fiscal year 2008 recommendation                 837,900

  Compared with Fiscal year 2007                 -9,900

Full-Time Support End Strength

There are four categories of full-time support in the Guard and Reserve components: civilian technicians, Active Guard and Reserve (AGR), non-technician civilians, and active component personnel.

Full-time support personnel organize, recruit, train, maintain and administer the Reserve components. Civilian (Military) technicians directly support units, and are very important to help units maintain readiness and meet the wartime mission of the Army and Air Force.

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Guard and Reserve Full Time End Strength

There are four categories of full-time support in the Guard and Reserve components: civilian technicians, Active Guard and Reserve (AGR), non-technician civilians, and active component personnel.

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Grow-The-Force Initiative

The Committee recommendation provides approximately $1,041,000,000 in Military Personnel accounts to support the first installment of the `Grow-the-Force' initiative, fully funding the requested end strength increase of 7,000 Soldiers; 1,300 Army National Guardsmen; and 5,000 Marines. The Committee expects that the fiscal year 2009 baseline budget will include the necessary resources throughout the Pentagon's Future Year Defense Program to meet end strength and over strength objectives.

The Committee is concerned, however, about continued programmed manpower reductions in both the Navy and Air Force, especially since these services play vital supporting roles in the conflicts overseas. In hearings before the Committee, both the Secretary of Defense and the Chairman of the Joint Chiefs of Staff expressed a need to review these programmed manpower reductions. The Committee expects the Department to keep the Committee informed of any change in manpower resulting from this review.

On the basis of these manpower reductions, the Air Force, in particular, moved to recapitalize its weapon systems and aircraft fleet at the expense of its personnel budget. In fact, the Air Force assumed significant risk in its permanent change of station (PCS) policy, as reflected in the budget request for fiscal year 2008. Accession, training, operational, and rotational travel are essential for quality of life and professional development, as well as force multipliers for airmen supporting the war effort. Moreover, mid-level and command-grade officer retention, force development, and professional advancement setbacks are likely to intensify as the Air Force moves from the customary 2 to 3 year rotational schedule to one of 4 years. The Air Force cannot wait to address this matter. Therefore, the Committee recommendation reallocates $364,000,000 into Military Personnel, Air Force, Budget Activity 5 from Research, Development, Test and Evaluation, Air Force, and directs the Secretary of the Air Force to conduct a thorough review of its PCS policy and provide a report to the Committees on Appropriations of the House of Representatives and the Senate not later than December 14, 2007, explaining the nature of this shortfall and any corrective policy or funding actions necessary to address the issue.

Boots-On-The-Ground and Cost of War Reporting

The Committee believes there is a continuing need for accurate and timely information on actual/estimated costs and deployment numbers associated with Operation Iraqi Freedom (OIF) and Operation Enduring Freedom (OEF). Therefore, not later than the 10th day of each month following the enactment of this Act, the Committee directs the Secretary of Defense to submit to the congressional defense committees a `Boots-on-the-Ground' report providing, for the most recent month for which data is available, the total number of troops deployed in support of OIF and OEF, further delineated by service and component (active, Reserve or National Guard); and a monthly estimate for the three-month period following the date such report is submitted, which provides an estimate of the total number of troops expected to be deployed in support of OIF and OEF, further delineated by service and component (active, Reserve or National Guard). This report may be submitted in classified form.

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Reserve Component Budget Submissions

The Committee supports a consolidated budget structure for the Reserve Components provided that the reporting requirements as set forth in House Report 109-676 are followed. However, as the Reserve Components continue their transformation from a strategic reserve into that of an operational force, the Committee believes greater transparency is needed over total costs for National Guard and Reserve servicemembers' cash compensation, such as basic pay and other allowances; noncash compensation, such as health care; and deferred compensation and benefits, such as retirement pay and health care. In a June 2007 report, the Government Accountability Office (GAO) reports that compensation costs have `increased 47 percent since 2000, rising from about $13,900,000,000 in fiscal year 2000 to about $20,500,000,000 in fiscal year 2006.' Per capita compensation costs have nearly doubled, cash compensation has increased 19 percent, and deferred compensation costs have nearly tripled. The Committee acknowledges the contributions made by each of the Reserve Components, but a better understanding of the escalation in these compensation costs is necessary.

The full cost of providing Reserve compensation is fundamental to determine resource allocation, and the Department's Reserve compensation costs are presently found within multiple budgets. No single source currently provides this information. The compilation of compensation costs for those reservists who are drilling, serving in the Active Guard and Reserve, and who are mobilized, into a single source is a crucial first step toward gaining transparency over those costs. The Committee supports GAO's findings and directs the Department to include such detail within the Military Personnel budget justification material beginning in fiscal year 2009.

Paid Inactive Duty Training (IDT)Travel

As an unintended consequence of the 2005 Base Realignment and Closure recommendations, some members of the Selected Reserve face significant out-of-pocket travel expenses to drill with their home unit. Unlike its active duty counterparts, the Reserve Component cannot reassign a unit reservist through Permanent Change of Station (PCS) actions. The Committee believes that passing these costs to the service member may have a damaging effect on unit cohesiveness, recruitment, and the retention of specialty skill sets in the Reserve Component. Therefore, the Committee directs the Department of Defense to include in its fiscal year 2009 budget request sufficient funding to assist members of the Selected

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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, $31,346,005,000

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, $23,300,801,000

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, $10,269,914,000.

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, $24,379,214,000.

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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, $3,629,620,000.

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, $1,776,885,000.

Reserve Personnel, Marine Corps

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Marine Corps Reserve on active duty under section 10211 of title 10, United States Code, or while serving on active duty under section 12301(d) of title 10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, and for members of the Marine Corps platoon leaders class, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $513,472,000.

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, $1,365,679,000.

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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, $5,815,017,000.

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, $2,621,169,000.

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TITLE II – OPERATIONS AND MAINTENANCE

Operation and Maintenance, Army--Operation and Maintenance, Navy-- Operation and Maintenance, Marine Corps-- Operation and Maintenance, Air Force-- Operation and Maintenance, Defense-Wide-- Operation and Maintenance, Army Reserve-- Operation and Maintenance, Navy Reserve-- Operation and Maintenance, Marine Corps Reserve

Operation and Maintenance, Air Force Reserve-- Operation and Maintenance, Army National Guard-- Operation and Maintenance, Air National Guard-- United States Court of Appeals for the Armed Forces-- Environmental Restoration, Army-- Environmental Restoration, Navy-- Environmental Restoration, Air Force-- Environmental Restoration, Defense-Wide-- Environmental Restoration, Formerly Used Defense Sites-- Overseas Humanitarian, Disaster, and Civic Aid-- Former Soviet Union Threat Reduction Account

Operation and Maintenance, Army

(INCLUDING TRANSFER OF FUNDS)

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Army, as authorized by law; and not to exceed $11,478,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Army, and payments may be made on his certificate of necessity for confidential military purposes, $26,404,495,000: Provided, That, notwithstanding any other provision of law, up to $12,500,000 shall be transferred to `U.S. Army Corps of Engineers, Operation and Maintenance' for expenses related to the dredging of the Hudson River Channel and its adjacent areas, to be merged with and to be available for the same time period as the appropriations to which transferred: Provided further, That the transfer authority provided in this paragraph shall be in addition to any other transfer authority elsewhere provided in this Act.

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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, $32,851,468,000.

Operation and Maintenance, Marine Corps

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Marine Corps, as authorized by law, $4,471,858,000.

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, $31,613,981,000.

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For the Department of the Army, $268,249,000, to remain available until transferred: Provided, That the Secretary of the Army shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris at sites formerly used by the Department of Defense, transfer the funds made available by this appropriation to other appropriations made available to the Department of the Army, to be merged with and to be available for the same purposes and for the same time period as the appropriations to which transferred: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act.

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Overseas Humanitarian, Disaster, and Civic Aid

For expenses relating to the Overseas Humanitarian, Disaster, and Civic Aid programs of the Department of Defense (consisting of the programs provided under sections 401, 402, 404, 407, 2557, and 2561 of title 10, United States Code), $103,300,000, of which $63,300,000 shall remain available until September 30, 2009, and of which $40,000,000 shall be available solely for foreign disaster relief and response activities and shall remain available until expended.

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, $398,048,000, to remain available until September 30, 2010.

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TITLE III – PROCUREMENT

Aircraft Procurement, Army-- Missile Procurement, Army-- Procurement of Weapons and Tracked Combat Vehicles, Army-- Procurement of Ammunition, Army-- Other Procurement, Army--- Aircraft Procurement, Navy-- Weapons Procurement, Navy-- Procurement of Ammunition, Navy and Marine Corps--

Shipbuilding and Conversion, Navy-- Other Procurement, Navy-- Procurement, Marine Corps-- Aircraft Procurement, Air Force-- Missile Procurement, Air Force

Procurement of Ammunition, Air Force-- Other Procurement, Air Force-- Procurement, Defense-Wide-- National Guard and Reserve Equipment-- Defense Production Act Purchases—Joint Fighter Production—Unmanned Aerial Vehicles—Military tires—Armed Helicopters—Joint Cargo Aircraft---Light Utility Helicopter--STRYKER

Aircraft Procurement, Army

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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 therefore, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title, as follows:

Carrier Replacement Program, $2,703,953,000;

Carrier Replacement Program (AP), $124,401,000;

NSSN, $1,796,191,000;

NSSN (AP), $1,290,710,000;

CVN Refuelings (AP), $297,344,000;

SSBN Submarine Refuelings, $187,652,000;

SSBN Submarine Refuelings (AP), $42,744,000;

DDG-1000 Program, $2,772,637,000;

DDG-1000 Program (AP), $150,886,000;

DDG-51 Destroyer, $78,078,000;

Littoral Combat Ship, $339,482,000;

LPD-17, $3,091,922,000;

LHA-R, $1,375,414,000;

Special Purpose Craft, $4,500,000;

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, $405,011,000.

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; 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, $15,255,186,000, to remain available for obligation until September 30,

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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; 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, $3,335,637,000, 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, $925,000,000, to remain available for obligation until September 30, 2010, of which $700,000,000 shall be available only for the Army National Guard: 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.

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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), $64,092,000, to remain available until expended.

Joint Fighter

JOINT STRIKE FIGHTER PRODUCTION

In the fiscal year 2008 budget request, the Air Force proposes funding for the procurement of six conventional take-off and landing (CTOL) aircraft and the Navy requested funding for procurement of six short take-off and vertical landing (STOVL) aircraft. The Committee believes that the development and production of the Joint Strike Fighter is at a critical period in the program's history. Aircraft AA-1 has completed the first phase of flight test, production of development aircraft is ramping up, and all nine of the international partners have signed production memoranda of understanding. In addition, the first flight of BF-1, the first of the flight test short take-off and vertical landing (STOVL) variants, is scheduled for next year. However, as the program matures, assembly of the development aircraft continues to slip from last year's schedule which raises questions about the ability of the contractor to meet delivery schedules for the subsequent production lots. The Committee also notes that the first flight of BF-1 is a major milestone decision tied to the contract award for the fiscal year 2008 funds. A slip in the first flight of just a few months could push the contract award into fiscal year 2009, making the funds requested early-to-need.

While the Committee continues to be concerned about mounting delays in the production of the development aircraft and the potential for BF-l first flight to be delayed, the Air Force and the contractor have made commitments that they will be able to produce and deliver aircraft on the current schedule. The Committee expects they will keep these commitments. At this time, any reductions in procurement quantities would cause serious perturbations in the program, with impacts extending into future years. The Committee believes this is a critical time for the program and in an effort to provide support and stability, the Committee fully funds the request for production of these aircraft.

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ACQUISITION AND MANAGEMENT OF UNMANNED AERIAL SYSTEMS

The Committee notes that for some time a debate has been ongoing within the Department of Defense on the acquisition and management of unmanned aerial systems. The numbers and types of unmanned aerial systems has risen steadily since the beginning of the wars in Iraq and Afghanistan with missions expanding from reconnaissance to logistics, to communications relay, and to direct attack. Systems have become more capable and have been better integrated into overall military operations. Part of the growth in utility and combat effectiveness can be attributed to the diverse creative talents of the various military services and defense agencies. Conversely, opportunities for improved efficiency and interoperability can be lost in service centric approaches to acquiring and employing unmanned air systems. The Committee is aware that the Chief of Staff of the Air Force is seeking designation of the Department of the Air Force as executive agent for medium- and high-altitude unmanned aerial systems. The Committee is equally aware of the unanimous opposition of the other services to the Air Force proposal. A careful analysis of unmanned aerial systems acquisition and management by the Office of the Joint Chiefs of Staff and the Office of the Secretary of Defense is warranted. The Committee strongly cautions against any changes in current acquisition and operating arrangements pertaining to unmanned aerial systems until such time as the analysis is complete and the congressional defense committees have been briefed on any proposed changes.

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MILITARY TIRES

The Committee understands that the Base Realignment and Closure Act of 2005 required Commodity Management Privatization of tires. The initiative would eliminate redundant supply operations, improve supply system responsiveness, and seek cost benefits through economies of scale in tire purchases. The Committee also understands that a single company was awarded the contract for aircraft tires and that company is on the winning team for ground vehicle tires. The Committee applauds well managed efforts by the Department of Defense to reduce costs and simultaneously improve support to military units in all branches of the military. The Committee is concerned, however, that the current contracting arrangement requires a very carefully crafted set of firewalls to ensure that the contractor selected to be responsible for day-to-day management of the military tires programs under the Commodity Management Privatization initiative will not receive an unfair advantage in competing for contracts to provide tires to the centrally managed program. The Committee strongly encourages the Department of Defense, through its implementing agencies, in future competitions, to enhance oversight and avoid both unfair advantages and the appearance of unfair advantages by seeking a program management contractor who would not be a competitor to provide tires under the tire privatization initiative.

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ARMED RECONNAISSANCE HELICOPTER

The fiscal year 2008 budget request included $468,259,000 for procurement of 37 Armed Reconnaissance Helicopters (ARH). On March 21, 2007, the ARH program office released a stop-work order as a result of an estimated over target baseline greater than 50 percent development cost growth and low-rate initial production pricing disagreements. The contractor was given 30 days to submit a plan which describes the strategy to maximize the contract performance at minimal cost to the Government and convince the Army it could complete the contract as intended. Following an Army Systems Acquisition Review Council on May 18, 2007, the Army decided to continue with the current contractor and the contractor's revised plan. The Army plan included a program delay of approximately one year with first unit equipped date slipping from the 4th quarter of fiscal year 2009 to the 4th quarter of fiscal year 2010. The Committee remains supportive of the Army's effort to field a replacement to the current armed scout helicopter. However, the Committee cautions the Army against overly optimistic product-development and integration assumptions and encourages greater attention to risk management. The Committee recommendation provides no additional procurement funds to the Armed Reconnaissance Helicopter program; transfers $47,000,000 to Research, Development, Test and Evaluation, Army for the Armed Reconnaissance Helicopter program; and transfers $31,000,000 to the OH-58D program for procurement of equipment necessary to sustain the continued service of the Kiowa Warrior fleet.

JOINT CARGO AIRCRAFT

The Committee recommends $119,443,000 for Joint Cargo Aircraft instead of $157,043,000 as proposed in the budget request. The Committee remains fully supportive of the Joint Cargo Aircraft program but understands that a source selection award protest has been filed which will delay the program between six months and one year. The recommended fiscal year 2008 funding will support three aircraft and an orderly ramp-up in production.

LIGHT UTILITY HELICOPTER

The Committee is concerned that the Army Program Objective Memorandum (POM) 2008 acquisition schedule does not provide a stable production profile for the Light Utility Helicopter, and does not capitalize on the successful performance of this program. A more rapid and stable procurement plan will fill the Army's urgent requirement sooner by retiring aging and expensive H-1s and H-58s sooner and thus making available H-60 Blackhawks for the global war on terror and other contingency operations sooner. In addition, the Army will realize operational cost savings. The Committee strongly encourages the Department of Defense to address the programmatic acquisition dips in the POM 2008 funding and place the Light Utility Helicopter program on a more rapid and stable production profile.

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STRYKER

The Committee commends the Army for the overall success of the Stryker program. Strykers have performed well in combat, demonstrating reliability and survivability. The Committee understands that the schedule for the Initial Operational Test and Evaluation for the Stryker Mobile Gun System (MGS) was delayed from the second quarter of fiscal year 2007 to the first quarter of fiscal year 2008 due to a change in designated test units. Full rate production is to begin in the second quarter of fiscal year 2008. As such, the Committee recommends $810,884,000 in base line funding for Stryker, a reduction of $228,100,000 based on the delay in Mobile Gun System testing and production.

Additionally, the Committee has been informed that additional Stryker units would greatly benefit the Army's overall combat power, deployability, flexibility and sustainability. The Committee notes that one of the Army's unfunded requirements for fiscal year 2008 is for additional Strykers for various purposes including for maintenance floats and for certain missions in non-Stryker units. However, the Committee believes that the greatest increase in overall Army readiness can be gained by adding a Stryker brigade to the Army force structure. Accordingly, the Committee recommends an additional $1,102,000,000 to procure an Eighth Army Stryker brigade, less the Mobile Gun Systems. The Committee directs the Secretary of the Army to provide a report to the congressional defense committees, not later than December 1, 2007, on the future force structure of the Army, including the Grow-the-Army combat and support units, and the allocation of the Eighth Stryker brigade in the total Army force structure

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TITLE IV – RESEARCH, DEVELOPMENT, TEST AND EVAULATION

ARMY—NAVY—AIR FORCE—DEFENSE WIDE--DEFENSE

Research, Development, Test and Evaluation, Army

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, $17,718,624,000, 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

Research, Development, Test and Evaluation, Defense-Wide

For expenses of activities and agencies of the Department of Defense (other than the military departments), necessary for basic and applied scientific research, development, test and evaluation; advanced research projects as may be designated and determined by the Secretary of Defense, pursuant to law; maintenance, rehabilitation, lease, and operation of facilities and equipment, $20,659,095,000, 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.

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TITLE V – REVOVLING AND MANAGEMENT FUNDS

Defense Working Capital Funds --National Defense Sealift Fund --T-AKE Acquisition

Defense Coalition Support Fund—Former Soviet Union threat Account--

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, $2,489,094,000, to remain available until expended: Provided, That none of the funds provided in this paragraph shall be used to award a new contract that provides for the acquisition of any of the following major components unless such components are manufactured in the United States: auxiliary equipment, including pumps, for all shipboard services; propulsion system components (that is; engines, reduction gears, and propellers); shipboard cranes; and spreaders for shipboard cranes: Provided further, That the exercise of an option in a contract awarded through the obligation of previously appropriated funds shall not be considered to be the award of a new contract: Provided further, That the Secretary of the military department responsible for such procurement may waive the restrictions in the first proviso on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate that adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis and that such an acquisition must be made in order to acquire capability for national security purposes.

T-AKE Acquisition

Defense Coalition Support Fund

Former Soviet Union threat Account

The Committee recommendation provides a total of $398,048,000 for fiscal year 2008, an increase of $50,000,000 over the budget request and $25,920,000 over the fiscal year 2007 enacted appropriation. This program, also referred to as the Cooperative Threat Reduction Program, is critical to the national security of the United States and must be a national priority. The Committee expects that the increased funding provided in this bill will strengthen and expand existing cooperative threat reduction programs and enable the Department to develop new programs and projects.

STRATEGIC OFFENSIVE ARMS ELIMINATION (RUSSIA)

The Committee recommends an additional $15,000,000 over the budget request for elimination of two Delta III submarines and associated SS-N-18 missiles in Russia.

NUCLEAR WEAPONS STORAGE FACILITY (RUSSIA)

The Committee recommends a total of $39,640,000 for nuclear weapons storage facility, an increase of $16,652,000 over the request to accelerate nuclear warhead security work pursuant to the Bratislava Agreement. The Russian Ministry of Defense requested and the United States Government concurred in March 2007 with the expressed need for phase II to the Automated Inventory Control and Management System. The first phase of the program was built and fielded under the NWSS-Russia program. The Department initiated this program in fiscal year 2007 with direction to complete installation concurrent with completion of storage site security upgrades. Phase II will install a capability to automate the warhead and component inventories at 13 additional storage sites, bringing the total number of storage sites with this capability to 29, and will include replacing the old computers at the original sites. The Committee recommendation provides funding to complete the installation in fiscal year 2008.

CHEMICAL WEAPONS DESTRUCTION (RUSSIA)

Recently, the Department of Defense and the Government of Russia signed an agreement transferring responsibility for the completion of the Shchuch'ye chemical weapons destruction project to the Russia government. This agreement recognizes that any funding required over the current budget would be borne by Russia. The Committee notes, however, that minor related issues remain to be addressed by the parties and that the Department must maintain a strong commitment to the project's completion; maintain vigilant oversight of the project; and report project developments to the relevant congressional committees. For these remaining activities, the Committee recommends $1,000,000 in fiscal year 2008.

WMD PROLIFERATION PREVENTION (FORMER SOVIET UNION)

The Committee recommends an additional $10,000,000 for the Kazakhstan infrastructure project, for which funding requirements were not known at the time of the budget preparation.

NEW INITIATIVES

Within the funds provided, the Committee includes $7,000,000 for new initiatives outside the scope of existing programs and projects for the cooperative threat reduction program to increase international security and threat reduction cooperation, and security and elimination of nuclear and chemical weapons and weapons-related materials that pose a threat to United States' national security interests. The Committee directs the Department to work closely with the relevant congressional committees in identifying and determining new avenues to pursue. The Committee recommendation also includes an additional $348,000 to increase staff capacity, capabilities and resources associated with the development of new cooperative threat reduction initiatives. The funding is allocated within resources provided for other assessments and administrative costs.

UNOBLIGATED BALANCES FROM PRIOR YEARS

The Committee has learned that the Department continues to carry balances of no-year appropriations made as far back as fiscal year 1994. While the Department has plans to execute some of these balances in fiscal year 2008, the Committee directs program managers to expend these appropriations expeditiously on current program requirements or risk a rescission of those balances.

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TITLE VI –OTHER DEPARTMENT OF DEFENSE PROGRAM

Defense Health Program-- Chemical Agents and Munitions Destruction, Army

Drug Interdiction and Counter-Drug Activities, Defense-- Joint Improvised Explosive Device Defeat Fund-- Office of the Inspector General

Defense Health Program

For expenses, not otherwise provided for, for medical and health care programs of the Department of Defense, as authorized by law, $22,957,184,000, of which $22,140,381,000 shall be for operation and maintenance, of which not to exceed one percent shall remain available until September 30, 2009; of which $363,011,000, to remain available for obligation until September 30, 2010, shall be for procurement; and of which $453,792,000, to remain available for obligation until September 30, 2009, shall be for research, development, test and evaluation: Provided, That, notwithstanding any other provision of law, of the amount made available under this heading for research, development, test and evaluation, not less than $10,000,000 shall be available for HIV prevention educational activities undertaken in connection with U.S. military training, exercises, and humanitarian assistance activities conducted primarily in African nations.

Chemical Agents and Munitions Destruction, Army

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, $1,455,724,000, of which $1,198,086,000 shall be for operation and maintenance; $36,426,000 shall be for procurement, to remain available until September 30, 2010; $221,212,000 shall be for research, development, test and evaluation, of which $211,190,000 shall only be for the Assembled Chemical Weapons Alternatives (ACWA) program, to remain available until September 30, 2009; and no less than $124,618,000 shall be for the Chemical Stockpile Emergency Preparedness Program, of which $36,373,000 shall be for activities on military installations and of which $88,245,000, to remain available until September 30, 2009, shall be to assist State and local governments.

Drug Interdiction and Counter-Drug Activities, Defense

(INCLUDING TRANSFER OF FUNDS)

For drug interdiction and counter-drug activities of the Department of Defense, for transfer to appropriations available to the Department of Defense for military personnel of the reserve components serving under the provisions of title 10 and title 32, United States Code; for operation and maintenance; for procurement; and for research, development, test and evaluation, $945,772,000: 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', $500,000,000, to remain available until September 30, 2010: Provided, That of the amounts provided under this heading, not more than $110,000,000 shall be available for operating and administrative expenses: Provided further, That such funds shall be available to the Secretary of Defense, notwithstanding any other provision of law, for the purpose of allowing the Director of the Joint Improvised Explosive Device Defeat Organization to investigate, develop and provide equipment, supplies, services, training, facilities, personnel and funds to assist United States forces in the defeat of improvised explosive devices: Provided further, That within 60 days of the enactment of this Act, a plan for the intended management and use of the amounts provided under this heading shall be submitted to the congressional defense committees: Provided further, That the Secretary of Defense shall submit a report not later than 30 days after the end of each fiscal quarter to the congressional defense committees providing assessments of the evolving threats, individual service requirements to counter the threats, the current strategy for predeployment training of members of the Armed Forces on improvised explosive devices, and details on the execution of this Fund: Provided further, That the Secretary of Defense may transfer funds provided herein to appropriations for military personnel; operation and maintenance; procurement; research, development, test and evaluation; and defense working capital funds to accomplish the purpose provided herein: Provided further, That this transfer authority is in addition to any other transfer authority available to the Department of Defense: Provided further, That upon determination that all or part of the funds so transferred from this appropriation are not necessary for the purpose provided herein, such amounts may be transferred back to this appropriation: Provided further, That the Secretary of Defense shall, not fewer than 5 days prior to making transfers from this appropriation, notify the congressional defense committees in writing of the details of any such transfer.

Office of the Inspector General

For expenses and activities of the Office of the Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $239,995,000, of which $238,995,000 shall be for operation and maintenance, of which not to exceed $1,000,000 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.

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TITLE VII – RELATED AGENCIES

National and Military Intelligence Programs -- Central Intelligence Agency Retirement and Disability System Fund --Intelligence Community Management Account

Western hemisphere for Security Cooperation—Defense Security Service--

Overseas disaster Aid

National and Military Intelligence Programs

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

For necessary expenses of the Intelligence Community Management Account, $683,276,000: Provided, That of the funds appropriated under this heading, $39,000,000 shall be transferred to the Department of Justice for the National Drug Intelligence Center to support the Department of Defense's counter-drug intelligence responsibilities, and of the said amount, $1,500,000 for procurement shall remain available until September 30, 2010 and $1,000,000 for research, development, test and evaluation shall remain available until September 30, 2009: Provided further, That the National Drug Intelligence Center shall maintain the personnel and technical resources to provide timely support to law enforcement authorities and the intelligence community by conducting document and computer exploitation of materials collected in Federal, State, and local law enforcement activity associated with counter-drug, counter-terrorism, and national security investigations and operations.

Western Hemisphere Institute for Security Cooperation

The Committee supports the mandate of the Western Hemisphere Institute for Security Cooperation (the Institute) to be a transparent and democratic institution. To promote such transparency and democratic values, the Committee directs the Institute to release to the public the names of all students and instructors at the Institute for fiscal years 2005 and 2006. The list shall include all names, including but not limited to the first, middle, and maternal and paternal surnames, rank, country of origin, courses taken or taught, and years of attendance. In all future fiscal years, this same information shall be made available and provided to the public no later than 60 days after the end of each fiscal year.

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Defense Security Service

The Committee recommendation includes $422,457,000 for the Defense Security Service (DSS), an increase of $50,000,000 over the budget request. The DSS plays a crucial role in safeguarding our Nation's security by assuring protection of U.S. and foreign classified information in the possession of industry. The Committee notes that over the past several years, DSS experienced significant budget shortfalls, in part due to insufficient budgeting within the Department, and a six-month lag between the official budget submission and August rate adjustments by the Office of Personnel Management (OPM) which precludes reliable budgeting for the sizable premiums and surcharges that OPM may charge for each personnel security investigation. The Committee is not pleased that the Office of the Secretary underfunded this office's critical baseline requirements in the fiscal year 2008 budget request, and in doing so, exacerbated the office's ability to address its budgetary problems as it has been directed by this Committee in reports accompanying previous appropriations Acts. To mitigate the effects of OPM's late notice of charges, the Committee recommends a provision that provides that DSS shall pay rates for personnel security investigations in fiscal year 2008 that are in effect as of August 1, 2006. The additional funds recommended by the Committee shall be available solely to address critical funding shortfalls in the DSS baseline that were unaddressed in the budget request.

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Overseas disaster Aid

The Committee recommends an appropriation of $103,300,000 for Overseas Humanitarian, Disaster, and Civic Aid. The recommendation is the same as the budget request and is $40,096,000 over the fiscal year 2007 enacted appropriation. The recommendation includes $40,000,000 for foreign disaster relief and emergency response activities, as proposed within the budget request. However, the Committee recommends that such funds shall be available until expended and be available solely for foreign disaster relief and emergency response activities. The budget request proposed that such funds be available for two years, the first year of which the funds would be for emergency response activities, and thereafter for other program requirements.

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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 $3,200,000,000 of working capital funds of the Department of Defense or funds made available in this Act to the Department of Defense for military functions (except military construction) between such appropriations or funds or any subdivision thereof, to be merged with and to be available for the same purposes, and for the same time period, as the appropriation or fund to which transferred: Provided, That such authority to transfer may not be used unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no case where the item for which funds are requested has been denied by the Congress: Provided further, That the Secretary of Defense shall notify the Congress promptly of all transfers made pursuant to this authority or any other authority in this Act: Provided further, That no part of the funds in this Act shall be available to prepare or present a request to the Committees on Appropriations for reprogramming of funds, unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no case where the item for which reprogramming is requested has been denied by the Congress: Provided further, That a request for multiple reprogrammings of funds using authority provided in this section must be made prior to June 30, 2008: Provided further, That transfers among military personnel appropriations shall not be taken into account for purposes of the limitation on the amount of funds that may be transferred under this section: Provided further, That no obligation of funds may be made pursuant to section 1206 of Public Law 109-163 (or any successor provision) unless the Secretary of Defense has notified the congressional defense committees prior to any such obligation.

SEC. 8006. (a) Not later than 60 days after enactment of this Act, the Department of Defense shall submit a report to the congressional defense committees to establish the baseline for application of reprogramming and transfer authorities for fiscal year 2008: Provided, That the report shall include--

(1) a table for each appropriation with a separate column to display the President's budget request, adjustments made by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level;

(2) a delineation in the table for each appropriation both by budget activity and program, project, and activity as detailed in the Budget Appendix and the supporting justification materials submitted to the Committees on Appropriations of the Senate and the House of Representatives for the respective appropriations; and

(3) an identification of items of special congressional interest.

(b) Notwithstanding section 8005 of this Act, none of the funds provided in this Act shall be available for reprogramming or transfer until the report identified in subsection (a) is submitted to the congressional defense committees, unless the Secretary of Defense certifies in writing to the congressional defense committees that such reprogramming or transfer is necessary as an emergency requirement.

(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:

Army CH-47 Chinook Helicopter; 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.

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) LIMITATION ON CONVERSION TO CONTRACTOR PERFORMANCE- 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) Exceptions-

(1) The Department of Defense, without regard to subsection (a) of this section or subsection (a), (b), or (c) of section 2461 of title 10, United States Code, and notwithstanding any administrative regulation, requirement, or policy to the contrary shall have full authority to enter into a contract for the performance of any commercial or industrial type function of the Department of Defense that--

(A) is included on the procurement list established pursuant to section 2 of the Javits-Wagner-O'Day Act (41 U.S.C. 47);

(B) is planned to be converted to performance by a qualified nonprofit agency for the blind or by a qualified nonprofit agency for other severely handicapped individuals in accordance with that Act; or

(C) is planned to be converted to performance by a qualified firm under at least 51 percent ownership by an Indian tribe, as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)), or a Native Hawaiian Organization, as defined in section 8(a)(15) of the Small Business Act (15 U.S.C. 637(a)(15)).

(2) This section shall not apply to depot contracts or contracts for depot maintenance as provided in sections 2469 and 2474 of title 10, United States Code.

(c) TREATMENT OF CONVERSION- 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, $8,000,000 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 $31,355,000 shall be available for the Civil Air Patrol Corporation, of which--

(1) $23,753,000 shall be available from `Operation and Maintenance, Air Force' to support Civil Air Patrol Corporation operation and maintenance, readiness, counterdrug activities, and drug demand reduction activities involving youth programs;

(2) $6,727,000 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 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.

(f) Notwithstanding any other provision of this Act, the total amount appropriated in this Act for FFRDCs is hereby reduced by $57,725,000.

SEC. 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 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: Provided, That upon determination by the Secretary of Defense that such action is necessary to meet the operational requirements of a Commander of a Combatant Command engaged in contingency operations overseas, such funds may be used to purchase items having an investment item unit cost of not more than $500,000.

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 made available in this Act under the heading `Defense Production Act Purchases', not less than $23,000,000 shall be made available for the competitive, domestic expansion of essential vacuum induction melting furnace capacity and vacuum arc remelting furnace capacity for military aerospace and other defense applications: Provided, That the operator must be experienced and qualified in the production of iron-based vacuum induction melting steel and vacuum arc remelting steel: Provided further, That the facility must be owned and operated by an approved supplier to the military departments and to defense industry original equipment manufacturers.

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 ensure 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 the Senate that the granting of the waiver will reduce the personnel requirements or the financial requirements of the department.

(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 Joint Explanatory Statement of the Committee of Conference to accompany the conference report 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:

`Aircraft Procurement, Air Force, 2006/2008', $25,786,000;

`Aircraft Procurement, Air Force, 2007/2009', $51,000,000;

`Research, Development, Test and Evaluation, Navy, 2007/2008', $24,000,000;

`Research, Development, Test and Evaluation, Air Force, 2007/2008', $142,000,000; and

`Research, Development, Test and Evaluation, Defense-Wide, 2007/2008', $125,000,000.

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, Air National Guard, Army Reserve and Air Force Reserve for the purpose of applying any administratively imposed civilian personnel ceiling, freeze, or reduction on military (civilian) technicians, unless such reductions are a direct result of a reduction in military force structure.

SEC. 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 the 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.

(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 one 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 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 or this Act, funds appropriated in this Act under the heading `Research, Development, Test and Evaluation, Defense-Wide' for any new start joint concept technology 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 thereafter, 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) REGISTERING FINANCIAL MANAGEMENT INFORMATION TECHNOLOGY SYSTEMS WITH DOD CHIEF INFORMATION OFFICER- 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) Certifications as to Compliance With Financial Management Modernization Plan-

(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).

(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.

(D) Performance measures.

(E) An information assurance strategy consistent with the Department's Global Information Grid.

(d) DEFINITIONS- 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, United States Code, 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 one year to any organization specified in section 508(d) of title 32, United States Code, or any other youth, social, or fraternal non-profit organization as may be approved by the Chief of the National Guard Bureau, or his designee, on a case-by-case basis.

SEC. 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: 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. In addition to amounts provided elsewhere in this Act, $15,000,000 is hereby appropriated to the Department of Defense, to remain available for obligation until expended: Provided, That notwithstanding any other provision of law, these funds shall be available only for a grant to the Fisher House Foundation, Inc., only for the construction and furnishing of additional Fisher Houses to meet the needs of military family members when confronted with the illness or hospitalization of an eligible military beneficiary.

SEC. 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', $150,572,000 shall be for the Arrow missile defense program: Provided, That of this amount, $37,383,000 shall be 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; $26,000,000 shall be available for the Short Range Ballistic Missile Defense (SRBMD) program; and, $26,000,000 shall be available only for risk mitigation and preliminary design activities for an upper-tier component to the Israeli Missile Defense Architecture: Provided further, That funds made available under this provision for production of missiles and missile components may be transferred to appropriations available for the procurement of weapons and equipment, to be merged with and to be available for the same time period and the same purposes as the appropriation to which transferred: Provided further, That the transfer authority provided under this provision is in addition to any other transfer authority contained in this Act.

(INCLUDING TRANSFER OF FUNDS)

SEC. 8078. Of the amounts appropriated in this Act under the heading `Shipbuilding and Conversion, Navy', $511,474,000 shall be available until September 30, 2008, to fund prior year shipbuilding cost increases: Provided, That upon enactment of this Act, the Secretary of the Navy shall transfer such funds to the following appropriations in the amounts specified: Provided further, That the amounts transferred shall be merged with and be available for the same purposes as the appropriations to which transferred:

To:

Under the heading `Shipbuilding and Conversion, Navy, 2001/2008':

Carrier Replacement Program, $336,475,000;

Under the heading `Shipbuilding and Conversion, Navy, 2002/2008':

New SSN, $45,000,000;

Under the heading `Shipbuilding and Conversion, Navy, 2003/2008':

New SSN, $40,000,000;

Under the heading `Shipbuilding and Conversion, Navy, 2004/2008':

New SSN, $24,000,000; and

Under the heading `Shipbuilding and Conversion, Navy, 2005/2009':

LPD-17 Amphibious Transport Dock Ship Program, $65,999,000.

SEC. 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, Psychology Aides and Technicians, Social Workers, Social Services 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 provided in this Act shall be available for obligation or expenditure through a reprogramming of funds that creates or initiates a new program, project, or activity unless such program, project, or activity must be undertaken immediately in the interest of national security and only after written prior notification to the congressional defense committees.

SEC. 8082. (a) In addition to the amounts provided elsewhere in this Act, the amount of $990,000 is hereby appropriated to the Department of Defense for `Operation and Maintenance, Army National Guard'. Such amount shall be made available to the Secretary of the Army only to make a grant in the amount of $990,000 to the entity specified in subsection (b) to facilitate access by veterans to opportunities for skilled employment in the construction industry.

(b) The entity referred to in subsection (a) is the Center for Military Recruitment, Assessment and Veterans Employment, a nonprofit labor-management co-operation committee provided for by section 302(c)(9) of the Labor-Management Relations Act, 1947 (29 U.S.C. 186(c)(9)), for the purposes set forth in section 6(b) of the Labor Management Cooperation Act of 1978 (29 U.S.C. 175a note).

SEC. 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 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 eight Stryker Brigade Combat Teams.

SEC. 8084. In addition to the amounts appropriated or otherwise made available elsewhere in this Act, $70,000,000 is hereby appropriated to the Department of Defense: Provided, That the Secretary of Defense shall make grants in the amounts specified as follows: $25,000,000 to the United Service Organizations; $25,000,000 to the Red Cross; $5,000,000 for the SOAR Virtual School District; $3,500,000 for Harnett County/Fort Bragg, North Carolina infrastructure improvements; $2,500,000 to The Presidio Trust; $1,500,000 to the National Bureau of Asian Research; $6,000,000 to the Jamaica Bay Unit of Gateway National Recreation Area; and, $1,500,000 to the Red Cross Consolidated Blood Services Facility.

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 the costs of United States Armed Forces' named operations exceeding an estimated cost of $100,000,000 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 named 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 named 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 named operation: 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 named 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 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 House of Representatives and the Senate, unless a response from the Committees is received sooner: Provided further, That the transfer authority provided by this section is in addition to any other transfer authority contained elsewhere in this Act.

SEC. 8091. 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. 8092. Hereafter, the Secretary of Defense may present promotional materials, including a United States flag, to any member of an Active or Reserve component under the Secretary's jurisdiction who, as determined by the Secretary, participates in Operation Enduring Freedom or Operation Iraqi Freedom, along with other recognition items in conjunction with any week-long national observation and day of national celebration, if established by Presidential proclamation, for any such members returning from such operations.

SEC. 8093. 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 $126,787,000: 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. 8094. 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. 8095. 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. 8096. Appropriations available to the Department of Defense for the purchase of heavy and light armored vehicles for force protection purposes may be used for such purchase, up to a limit of $250,000 per vehicle, notwithstanding other limitations applicable to the purchase of passenger carrying vehicles.

SEC. 8097. Supervision and administration costs associated with construction projects outside the United States funded with appropriations available for operation and maintenance, may be obligated at the time a construction contract is awarded: Provided, That for the purpose of this section, supervision and administration costs include all in-house Government costs.

SEC. 8098. 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. 8099. For purposes of section 1553(b) of title 31, United States Code, any subdivision of appropriations made in this Act under the heading `Shipbuilding and Conversion, Navy' shall be considered to be for the same purpose as any subdivision under the heading `Shipbuilding and Conversion, Navy' appropriations in any prior fiscal year, and the one percent limitation shall apply to the total amount of the appropriation.

SEC. 8100. 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. 8101. The Secretary of Defense shall create a major force program category for space for the Future Years Defense Program of the Department of Defense. The Secretary of Defense shall designate an official in the Office of the Secretary of Defense to provide overall supervision of the preparation and justification of program recommendations and budget proposals to be included in such major force program category.

(INCLUDING TRANSFER OF FUNDS)

SEC. 8102. In addition to funds made available elsewhere in this Act, there is hereby appropriated $200,000,000, to remain available until transferred: Provided, That these funds are appropriated to the `Tanker Replacement Transfer Fund' (referred to as `the Fund' elsewhere in this section): Provided further, That the Secretary of the Air Force may transfer amounts in the Fund to `Operation and Maintenance, Air Force', `Aircraft Procurement, Air Force', and `Research, Development, Test and Evaluation, Air Force', only for the purposes of proceeding with a tanker acquisition program: Provided further, That funds transferred shall be merged with and be available for the same purposes and for the same time period as the appropriation or fund to which transferred: Provided further, That this transfer authority is in addition to any other transfer authority available to the Department of Defense: Provided further, That the Secretary of the Air Force shall, not fewer than 15 days prior to making transfers using funds provided in this section, notify the congressional defense committees in writing of the details of any such transfer: Provided further, That the Secretary shall submit a report no later than 30 days after the end of each fiscal quarter to the congressional defense committees summarizing the details of the transfer of funds from this appropriation.

SEC. 8103. None of the funds appropriated or otherwise made available by this or any other Act shall be obligated or expended by the United States Government for a purpose as follows:

(1) To establish any military installation or base for the purpose of providing for the permanent stationing of United States Armed Forces in Iraq.

(2) To exercise United States control over any oil resource of Iraq.

SEC. 8104. None of the funds made available in this Act may be used in contravention of the following laws enacted or regulations promulgated to implement the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at New York on December 10, 1984):

(1) Section 2340A of title 18, United States Code.

(2) Section 2242 of the Foreign Affairs Reform and Restructuring Act of 1998 (division G of Public Law 105-277; 112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations prescribed thereto, including regulations under part 208 of title 8, Code of Federal Regulations, and part 95 of title 22, Code of Federal Regulations.

(3) Sections 1002 and 1003 of the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public Law 109-148).

SEC. 8105. Notwithstanding any other provision of law, none of the funds made available in this Act may be used to pay negotiated indirect cost rates on a contract, grant, or cooperative agreement (or similar arrangement) entered into by the Department of Defense and an entity in excess of 20 percent of the total direct cost of the contract, grant, or agreement (or similar arrangement) if the purpose of such contract, grant, or agreement (or similar arrangement) is to carry out a program or programs of mutual interest between the two parties: Provided, That this limitation shall apply only to funds made available in this Act for basic research.

SEC. 8106. Any request for funds for a fiscal year after fiscal year 2008 for an ongoing military operation overseas, including operations in Afghanistan and Iraq, shall be included in the annual budget of the President for such fiscal year as submitted to Congress under section 1105(a) of title 31, United States Code.

SEC. 8107. None of the funds appropriated or otherwise made available by this Act may be obligated or expended to provide award fees to any defense contractor contrary to the provisions of section 814 of the National Defense Authorization Act, Fiscal Year 2007 (Public Law 109-364).

SEC. 8108. Not more than 90 percent of the funds appropriated to the Department of Defense for contracted services under title II of this Act shall be available for obligation unless and until the Secretary of Defense submits to the congressional defense committees the report required by section 3305 of title III of Public Law 110-28 (121 Stat. 136).

SEC. 8109. Of the funds made available under the heading `Operation and Maintenance, Defense-Wide', up to $30,000,000 may be available for financial assistance to eligible local education agencies pursuant to section 386 of Public Law 102-484.

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To Title heading

AMENDMENTS

1. H.AMDT.768 to H.R.3222 An amendment numbered 8 printed in the Congressional Record to increase funds appropriated for cooperative threat reduction programs.
Sponsor: Rep Rogers, Mike J. [MI-8] (introduced 8/4/2007) Cosponsors (None)
Latest Major Action: 8/4/2007 By unanimous consent, the Rogers (MI) amendment was withdrawn.

2. H.AMDT.769 to H.R.3222 An amendment numbered 10 printed in the Congressional Record to prohibit the uses of funds to be used 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.
Sponsor: Rep Sessions, Pete [TX-32] (introduced 8/4/2007) Cosponsors (None)
Latest Major Action: 8/5/2007 House amendment not agreed to. Status: On agreeing to the Sessions amendment (A002) Failed by recorded vote: 148 - 259 (Roll no. 838).

3. H.AMDT.770 to H.R.3222 An amendment to limit the use of funds for the Presidio Trust.
Sponsor: Rep Flake, Jeff [AZ-6] (introduced 8/4/2007) Cosponsors (None)
Latest Major Action: 8/5/2007 House amendment not agreed to. Status: On agreeing to the Flake amendment (A003) Failed by recorded vote: 94 - 311 (Roll no. 839).

4. H.AMDT.771 to H.R.3222 Mr. Issa is notorious for delays in getting information published such as the text of this amendment, the cost of his bills, etcetera, Ed.
Sponsor: Rep Issa, Darrell E. [CA-49] (introduced 8/4/2007) Cosponsors (None)
Latest Major Action: 8/4/2007 House amendment agreed to. Status: On agreeing to the Issa amendment (A004) Agreed to by voice vote.

5. H.AMDT.772 to H.R.3222 An amendment to revise by reducing the amounts made available under the heading "RESEARCH, DEVELOPMENT, TEST AND EVALUATION- Research, Development, Test, and Evaluation, Defense-wide", and increasing the amounts made available under that heading by $97,200,000.
Sponsor: Rep Franks, Trent [AZ-2] (introduced 8/4/2007) Cosponsors (None)
Latest Major Action: 8/5/2007 House amendment not agreed to. Status: On agreeing to the Franks (AZ) amendment (A005) Failed by recorded vote: 161 - 249 (Roll no. 840).

6. H.AMDT.773 to H.R.3222 An amendment to prohibit the use of funds to be used to waive or modify regulations promulgated under chapter 43, 71, 75,or 77 of title 5, United States Code.
Sponsor: Rep Inslee, Jay [WA-1] (introduced 8/4/2007) Cosponsors (None)
Latest Major Action: 8/4/2007 House amendment agreed to. Status: On agreeing to the Inslee amendment (A006) Agreed to by voice vote.

7. H.AMDT.774 to H.R.3222
Sponsor: Rep Castle, Michael N. [DE] (introduced 8/4/2007) Cosponsors (None)
Latest Major Action: 8/4/2007 By unanimous consent, the Castle amendment was withdrawn.

8. H.AMDT.775 to H.R.3222 An amendment numbered 6 printed in the Congressional Record to prohibit the use of funds to be used to award a grant or contract based on the race, ethnicity, or sex of the grant applicant or prospective contractor.
Sponsor: Rep Walberg, Timothy [MI-7] (introduced 8/4/2007) Cosponsors (None)
Latest Major Action: 8/5/2007 House amendment not agreed to. Status: On agreeing to the Walberg amendment (A008) Failed by recorded vote: 126 - 284 (Roll no. 841).

9. H.AMDT.776 to H.R.3222 An amendment numbered 18 printed in the Congressional Record to prohibit the use of funds under the heading "Research, Development, Test, and Evaluation, Army" may be used for the Paint Shield for Protecting People From Microbial Threats.
Sponsor: Rep Campbell, John [CA-48] (introduced 8/4/2007) Cosponsors (None)
Latest Major Action: 8/5/2007 House amendment not agreed to. Status: On agreeing to the Campbell (CA) amendment (A009) Failed by recorded vote: 91 - 317 (Roll no. 842).

10. H.AMDT.777 to H.R.3222 An amendment numbered 17 printed in the Congressional Record to prohibit the use of funds to be used for Swimmer Detection Sonar Network.
Sponsor: Rep Campbell, John [CA-48] (introduced 8/4/2007) Cosponsors (None)
Latest Major Action: 8/4/2007 House amendment not agreed to. Status: On agreeing to the Campbell (CA) amendment (A010) Failed by voice vote.

11. H.AMDT.778 to H.R.3222 An amendment to prohibit funds to be used for Marine Desalination Systems, Inc., in St. Petersburg, Florida.
Sponsor: Rep Flake, Jeff [AZ-6] (introduced 8/4/2007) Cosponsors (None)
Latest Major Action: 8/4/2007 House amendment not agreed to. Status: On agreeing to the Flake amendment (A011) Failed by voice vote.

12. H.AMDT.779 to H.R.3222 An amendment to prohibit funds to be used for Concurrent Technologies Corporation.
Sponsor: Rep Flake, Jeff [AZ-6] (introduced 8/4/2007) Cosponsors (None)
Latest Major Action: 8/4/2007 House amendment not agreed to. Status: On agreeing to the Flake amendment (A012) Failed by voice vote.

13. H.AMDT.780 to H.R.3222 An amendment to prohibit funds to be used for the Doyle Center for Manufacturing Technology.
Sponsor: Rep Flake, Jeff [AZ-6] (introduced 8/4/2007) Cosponsors (None)
Latest Major Action: 8/5/2007 House amendment not agreed to. Status: On agreeing to the Flake amendment (A013) Failed by recorded vote: 98 - 312 (Roll no. 843).

14. H.AMDT.781 to H.R.3222 An amendment to prohibit funds to be used for the Lewis Center for Education Research.
Sponsor: Rep Flake, Jeff [AZ-6] (introduced 8/4/2007) Cosponsors (None)
Latest Major Action: 8/5/2007 House amendment not agreed to. Status: On agreeing to the Flake amendment (A014) Failed by recorded vote: 57 - 353 (Roll no. 844).

15. H.AMDT.782 to H.R.3222 An amendment to prohibit funds to be used for the National Drug Intelligence Center, Johnstown, Pennsylvania.
Sponsor: Rep Flake, Jeff [AZ-6] (introduced 8/4/2007) Cosponsors (None)
Latest Major Action: 8/5/2007 House amendment not agreed to. Status: On agreeing to the Flake amendment (A015) Failed by recorded vote: 109 - 301 (Roll no. 845).

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SENATE AMENDMENTS

16. S.AMDT.3116 to H.R.3222 To require the establishment on the Internet website of the Department of Defense of a link to the Office of Inspector General of the Department of Defense.
Sponsor: Sen McCaskill, Claire [MO] (introduced 10/2/2007) Cosponsors (None)
Latest Major Action: 10/3/2007 Senate amendment agreed to. Status: Amendment SA 3116 agreed to in Senate by Unanimous Consent.

17. S.AMDT.3117 to H.R.3222 o improve the security of land and maritime United States borders. Spends $3 billion to complete the southern border fence, install vehicle barriers, hire border agents, implement unmanned aerial and ground surveillance, remove and detain aliens overstaying their visas and other provisions.

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).

Sponsor: Sen Graham, Lindsey [SC] (introduced 10/2/2007) Cosponsors (17)
Latest Major Action: 10/3/2007 Senate amendment agreed to. Status: Amendment SA 3117 agreed to in Senate by Yea-Nay. 95 - 1. Record Vote Number: 361.

19. S.AMDT.3119 to H.R.3222 To change the effective date.
Sponsor: Sen Gregg, Judd [NH] (introduced 10/2/2007) Cosponsors (None)
Latest Major Action: 10/3/2007 Proposed amendment SA 3119 withdrawn in Senate.

20. S.AMDT.3120 to H.R.3222 To make available from Research, Development, Test, and Evaluation, Army, $1,000,000 for the Smart Data Project: Real Time Geospatial Video Sensor Intelligence program.
Sponsor: Sen Baucus, Max [MT] (introduced 10/2/2007) Cosponsors (4)
Latest Major Action: 10/2/2007 Senate amendment agreed to. Status: Amendment SA 3120 agreed to in Senate by Unanimous Consent.

24. S.AMDT.3124 to H.R.3222 To make funds available from Other Procurement, Air Force, to accelerate the deployment of the Associate Intermodal Platform pallet system.
Sponsor: Sen Lott, Trent [MS] (introduced 10/2/2007) Cosponsors (None)
Latest Major Action: 10/2/2007 Senate amendment agreed to. Status: Amendment SA 3124 as modified agreed to in Senate by Unanimous Consent.

25. S.AMDT.3125 to H.R.3222 To make available, from Research, Development, Test, and Evaluation, Air Force, $1,000,000 for Materials Integrity Management Research for Air Force Systems.
Sponsor: Sen Roberts, Pat [KS] (introduced 10/2/2007) Cosponsors (None)
Latest Major Action: 10/2/2007 Senate amendment agreed to. Status: Amendment SA 3125 agreed to in Senate by Unanimous Consent.

26. S.AMDT.3126 to H.R.3222 To prohibit waivers for enlistment in the Armed Forces of individuals with certain felony offenses.
Sponsor: Sen Boxer, Barbara [CA] (introduced 10/2/2007) Cosponsors (None)
Latest Major Action: 10/2/2007 Motion to table amendment SA 3126 agreed to in Senate by Yea-Nay Vote. 53 - 41. Record Vote Number: 360.

27. S.AMDT.3127 to H.R.3222 To make available from Research, Development, Test, and Evaluation, Army, up to $1,000,000 for the High Altitude Airship Program.
Sponsor: Sen Brown, Sherrod [OH] (introduced 10/2/2007) Cosponsors (None)
Latest Major Action: 10/3/2007 Senate amendment agreed to. Status: Amendment SA 3127 agreed to in Senate by Unanimous Consent.

28. S.AMDT.3128 to H.R.3222 To make available from Research, Development, Test, and Evaluation, Navy, $2,000,000 for the DDG-51 Class Modernization-Hybrid Propulsion Permanent Magnet Drive System.
Sponsor: Sen Kohl, Herb [WI] (introduced 10/2/2007) Cosponsors (1)
Latest Major Action: 10/2/2007 Senate amendment agreed to. Status: Amendment SA 3128 agreed to in Senate by Unanimous Consent.

29. S.AMDT.3129 to H.R.3222 To make available from Military Personnel $3,000,000 for a pilot program on troops to nurse teachers.
Sponsor: Sen Durbin, Richard [IL] (introduced 10/2/2007) Cosponsors (1)
Latest Major Action: 10/3/2007 Senate amendment agreed to. Status: Amendment SA 3129 agreed to in Senate by Voice Vote.

30. S.AMDT.3130 to H.R.3222 To increase, with an offset, the amount appropriated for Operation and Maintenance, Army National Guard, by $10,000,000.
Sponsor: Sen Sanders, Bernard [VT] (introduced 10/2/2007) Cosponsors (6)
Latest Major Action: 10/3/2007 Senate amendment agreed to. Status: Amendment SA 3130 agreed to in Senate by Unanimous Consent.

31. S.AMDT.3131 to H.R.3222 To make available from Research, Development, Test, and Evaluation, Army, $4,000,000 for the Virtual Systems Integrated Laboratory-Armored Vehicle Components and Systems Simulated in Cost-Effective Virtual Design and Test Environment.
Sponsor: Sen Stabenow, Debbie [MI] (introduced 10/2/2007) Cosponsors (None)
Latest Major Action: 10/3/2007 Senate amendment agreed to. Status: Amendment SA 3131 agreed to in Senate by Unanimous Consent.

35. S.AMDT.3135 to H.R.3222 To provide that, of the amount appropriated or otherwise made available for Research, Development, Test, and Evaluation, Navy, up to $5,000,000 may be made available for the High Temperature Superconductor AC Synchronous Propulsion Motor for the purposes of completing testing and transitioning to Navy ship class as part of an effort to increase power while reducing vessel weight.
Sponsor: Sen Kennedy, Edward M. [MA] (introduced 10/2/2007) Cosponsors (None)
Latest Major Action: 10/3/2007 Senate amendment agreed to. Status: Amendment SA 3135 as modified agreed to in Senate by Unanimous Consent.

36. S.AMDT.3136 to H.R.3222 To make available from Operation and Maintenance, Air Force, $4,000,000 for the 8th Air Force Cyberspace Innovation Center at Barksdale Air Force Base, Louisiana.
Sponsor: Sen Landrieu, Mary L. [LA] (introduced 10/2/2007) Cosponsors (1)
Latest Major Action: 10/3/2007 Senate amendment agreed to. Status: Amendment SA 3136 agreed to in Senate by Unanimous Consent.

37. S.AMDT.3137 to H.R.3222 To provide that none of the funds appropriated or otherwise made available by this Act may be used to enter into a contract in an amount greater than $5,000,000 or to award a grant in excess of such amount unless the prospective contractor or grantee makes certain certifications regarding Federal tax liability.
Sponsor: Sen Obama, Barack [IL] (introduced 10/2/2007) Cosponsors (2)
Latest Major Action: 10/3/2007 Senate amendment agreed to. Status: Amendment SA 3137 agreed to in Senate by Unanimous Consent.

40. S.AMDT.3141 to H.R.3222 To enhance United States sea-based missile defense capabilities.
Sponsor: Sen Sessions, Jeff [AL] (introduced 10/2/2007) Cosponsors (10)
Latest Major Action: 10/3/2007 Senate amendment agreed to. Status: Amendment SA 3141 agreed to in Senate by Unanimous Consent.

41. S.AMDT.3142 to H.R.3222 To provide an additional $23,600,000,000 for Other Procurement, Army, for the procurement of Mine Resistant Ambush Protected vehicles and to designate the amount an emergency requirement.
Sponsor: Sen Biden, Joseph R., Jr. [DE] (introduced 10/2/2007) Cosponsors (5)
Latest Major Action: 10/3/2007 Proposed amendment SA 3142 withdrawn in Senate.

43. S.AMDT.3144 to H.R.3222 To make available from within amounts already appropriated in the bill for Research, Development, Test, and Evaluation, Defense-Wide $10,000,000 for the Space Test Bed.
Sponsor: Sen Kyl, Jon [AZ] (introduced 10/2/2007) Cosponsors (2)
Latest Major Action: 10/3/2007 Proposed amendment SA 3144 withdrawn in Senate.

44. S.AMDT.3145 to H.R.3222 To make available from Procurement, Defense-Wide, $7,000,000 for the Insider Threat program.
Sponsor: Sen Kyl, Jon [AZ] (introduced 10/2/2007) Cosponsors (None)
Latest Major Action: 10/3/2007 Senate amendment agreed to. Status: Amendment SA 3145 agreed to in Senate by Unanimous Consent.

45. S.AMDT.3146 to H.R.3222 To make available from Research, Development, Test, and Evaluation, Defense-Wide, up to $5,000,000 for the Missile Defense Space Experimentation Center.
Sponsor: Sen Allard, Wayne [CO] (introduced 10/2/2007) Cosponsors (1)
Latest Major Action: 10/3/2007 Proposed amendment SA 3146 withdrawn in Senate.

51. S.AMDT.3152 to H.R.3222 To make available from Operation and Maintenance, Army National Guard, $2,000,000 for the Minuteman Digitization Demonstration Program.
Sponsor: Sen Smith, Gordon H. [OR] (introduced 10/3/2007) Cosponsors (1)
Latest Major Action: 10/3/2007 Senate amendment agreed to. Status: Amendment SA 3152 agreed to in Senate by Unanimous Consent.

52. S.AMDT.3153 to H.R.3222 To make available from Research, Development, Test, and Evaluation, Navy, $6,000,000 for the continuation of the Advanced Precision Kill Weapons System by the Marine Corps.
Sponsor: Sen Gregg, Judd [NH] (introduced 10/3/2007) Cosponsors (2)
Latest Major Action: 10/3/2007 Senate amendment agreed to. Status: Amendment SA 3153 as modified agreed to in Senate by Unanimous Consent.

54. S.AMDT.3155 to H.R.3222 To make available from Research, Development, Test, and Evaluation, Army, $3,750,000 for a Mid-Infrared Advanced Chemical laser.
Sponsor: Sen Domenici, Pete V. [NM] (introduced 10/3/2007) Cosponsors (1)
Latest Major Action: 10/3/2007 Senate amendment agreed to. Status: Amendment SA 3155 as modified agreed to in Senate by Unanimous Consent.

60. S.AMDT.3162 to H.R.3222 To make available from Research, Development, Test, and Evaluation, Army, $6,000,000 for Advanced Automotive Technology.
Sponsor: Sen Levin, Carl [MI] (introduced 10/3/2007) Cosponsors (1)
Latest Major Action: 10/3/2007 Senate amendment agreed to. Status: Amendment SA 3162 agreed to in Senate by Unanimous Consent.

61. S.AMDT.3163 to H.R.3222 To make available from Aircraft Procurement, Air Force, $5,000,000 for the retrofit of upgraded Molecular Sieve Oxygen Generation Systems into F-15C/D fighter aircraft.
Sponsor: Sen Harkin, Tom [IA] (introduced 10/3/2007) Cosponsors (None)
Latest Major Action: 10/3/2007 Senate amendment agreed to. Status: Amendment SA 3163 agreed to in Senate by Unanimous Consent.

62. S.AMDT.3164 to H.R.3222 To safely redeploy United States troops from Iraq.
Sponsor: Sen Feingold, Russell D. [WI] (introduced 10/3/2007) Cosponsors (12)
Latest Major Action: 10/3/2007 Proposed amendment SA 3164 pursuant to the order of October 3, 2007, having failed to achieve the required 60 votes in the affirmative, was withdrawn in Senate.

64. S.AMDT.3166 to H.R.3222 To make available from Operation and Maintenance, Defense-Wide, $5,000,000 for the program of the National Military Family Association known as Operation Purple.
Sponsor: Sen Boxer, Barbara [CA] (introduced 10/3/2007) Cosponsors (3)
Latest Major Action: 10/3/2007 Senate amendment agreed to. Status: Amendment SA 3166 agreed to in Senate by Unanimous Consent.

65. S.AMDT.3167 to H.R.3222 To make available from Research, Development, Test, and Evaluation, Defense-Wide, $4,000,000 for MARK V replacement research.
Sponsor: Sen Biden, Joseph R., Jr. [DE] (introduced 10/3/2007) Cosponsors (1)
Latest Major Action: 10/3/2007 Senate amendment agreed to. Status: Amendment SA 3167 agreed to in Senate by Unanimous Consent.

71. S.AMDT.3173 to H.R.3222 To make available from Research, Development, Test, and Evaluation, Army, $3,750,000 for a High Energy Laser Systems Test facility.
Sponsor: Sen Bingaman, Jeff [NM] (introduced 10/3/2007) Cosponsors (1)
Latest Major Action: 10/3/2007 Senate amendment agreed to. Status: Amendment SA 3173 agreed to in Senate by Unanimous Consent.

73. S.AMDT.3175 to H.R.3222 To make available from Intelligence Community Management Account, $5,000,000 for Internet Observer and Inner View insider threat mitigation tools.
Sponsor: Sen Bennett, Robert F. [UT] (introduced 10/3/2007) Cosponsors (None)
Latest Major Action: 10/3/2007 Senate amendment agreed to. Status: Amendment SA 3175 agreed to in Senate by Unanimous Consent.

74. S.AMDT.3176 to H.R.3222 To provide local officials and the Secretary of Homeland Security greater involvement in decisions regarding the location of border fencing.
Sponsor: Sen Hutchison, Kay Bailey [TX] (introduced 10/3/2007) Cosponsors (4)
Latest Major Action: 10/3/2007 Senate amendment agreed to. Status: Amendment SA 3176 agreed to in Senate by Unanimous Consent.

75. S.AMDT.3177 to H.R.3222 To make available from Research, Development, Test, and Evaluation, Navy, $1,200,000 for Ground Warfare Acoustical Combat System of netted sensors.
Sponsor: Sen Inhofe, James M. [OK] (introduced 10/3/2007) Cosponsors (None)
Latest Major Action: 10/3/2007 Senate amendment agreed to. Status: Amendment SA 3177 agreed to in Senate by Unanimous Consent.

80. S.AMDT.3182 to H.R.3222 To make available from Research, Development, Test, and Evaluation, Navy, $5,000,000 for the Laser Perimeter Awareness System for integration into the Electronic Harbor Security System.
Sponsor: Sen Coleman, Norm [MN] (introduced 10/3/2007) Cosponsors (None)
Latest Major Action: 10/3/2007 Senate amendment agreed to. Status: Amendment SA 3182 agreed to in Senate by Unanimous Consent.

90. S.AMDT.3192 to H.R.3222 To fund Operation Jump Start, the deployment of National Guard personnel, to the southern border, through September 30, 2008.
Sponsor: Sen Sessions, Jeff [AL] (introduced 10/3/2007) Cosponsors (4)
Latest Major Action: 10/3/2007 Senate amendment agreed to. Status: Amendment SA 3192 agreed to in Senate by Unanimous Consent.

96. S.AMDT.3198 to H.R.3222 To authorize the expenditure of funds appropriated under subsection (b) of the Border Security Act of 2007 to address any border security issue, including security at the northern border.
Sponsor: Sen Menendez, Robert [NJ] (introduced 10/3/2007) Cosponsors (1)
Latest Major Action: 10/3/2007 Amendment SA 3198 ruled out of order by the chair.

102. S.AMDT.3204 to H.R.3222 To make available from Research, Development, Test, and Evaluation, Navy, $1,000,000 for the development of Low-Cost, High Resolution, remote controlled Side Scan Sonar for USV and Harbor Surveillance Applications.
Sponsor: Sen Sununu, John E. [NH] (introduced 10/3/2007) Cosponsors (None)
Latest Major Action: 10/3/2007 Senate amendment agreed to. Status: Amendment SA 3204 agreed to in Senate by Unanimous Consent.

103. S.AMDT.3206 to H.R.3222 To make technical corrections to Public Law 110-81.
Sponsor: Sen Reid, Harry [NV] (introduced 10/3/2007) Cosponsors (1)
Latest Major Action: 10/3/2007 Senate amendment agreed to. Status: Amendment SA 3206 agreed to in Senate by Voice Vote.

104. S.AMDT.3207 to H.R.3222 To require that not later than 45 days after the date of enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on mechanisms for expanding public-private partnerships with military and family organizations for the purpose of increasing access to family support, in particular, for the minor dependent children of deployed servicemembers.
Sponsor: Sen Stevens, Ted [AK] (introduced 10/3/2007) Cosponsors (None)
Latest Major Action: 10/3/2007 Senate amendment agreed to. Status: Amendment SA 3207 agreed to in Senate by Unanimous Consent.

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