INCORPORATION OF FUNDING DECISIONS INTO LAW.

SEC. 1005. INCORPORATION OF FUNDING DECISIONS INTO LAW.(a) Amounts Specified in Joint Explanatory Statement Are Authorized by Law.—Wherever a funding table in the Joint Explanatory Statement which is to be printed in the Congressional Record on or about September 23, 2008, to explain the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 specifies a dollar amount for a project, program, or activity, the obligation and expenditure of the specified dollar amount for the indicated project, program, or activity is hereby authorized by law to be carried out to the same extent as if included in the text of the Act, subject to the availability of appropriations.(b) Merit-Based Decisions.—Decisions by agency heads to commit, obligate, or expend funds with or to a specific entity on the basis of dollar amount authorized pursuant to subsection (a) shall be based on authorized, transparent, statutory criteria, or merit-based selection procedures in accordance with the requirements of sections 2304(k) and 2374 of title 10, United States Code, and other applicable provisions of law.(c) Relationship to Transfer and Reprogramming Authority.—This section does not prevent an amount covered by 122 STAT. 4584 this section from being transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law. The transfer or reprogramming of an amount incorporated into the Act by this section shall not count against a ceiling on such transfers or reprogrammings under section 1001 of this Act or any other provision of law, unless such transfer or reprogramming would move funds between appropriation accounts.(d) Applicability to Classified Annex.—This section applies to any classified annex to the Joint Explanatory Statement referred to in subsection (a).(e) Oral and Written Communication.—No oral or written communication concerning any amount specified in the Joint Explanatory Statement referred to in subsection (a) shall supersede the requirements of this section.